Bill Text: CA AB2520 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Parole: primary mental clinicians.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2014-09-30 - Vetoed by Governor. [AB2520 Detail]

Download: California-2013-AB2520-Introduced.html

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BILL NUMBER: AB 2520	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Maienschein

                        FEBRUARY 21, 2014

   An act to amend Section 2978 of the Penal Code, relating to
parole.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2520, as introduced, Maienschein. Parole: independent
evaluators.
   Existing law requires, as a condition of parole, that a prisoner
who has a severe mental disorder, as defined, be treated by the State
Department of State Hospitals, and requires the State Department of
State Hospitals to provide the necessary treatment. Existing law
authorizes a prisoner to request a hearing before the Board of Parole
Hearings for the purpose of proving that the prisoner is subject to
that parole condition. Existing law also authorizes a prisoner to
request that the board appoint 2 independent professionals for that
hearing.
   If it is determined that the prisoner is subject to the parole
condition described above, existing law requires, prior to release on
parole, that the person in charge of treating the prisoner and a
practicing psychiatrist or psychologist from the State Department of
State Hospitals evaluate the prisoner at a facility of the Department
of Corrections and Rehabilitation. Existing law requires the Board
of Parole Hearings to appoint 2 independent professionals to conduct
an additional review in certain circumstances.
   Existing law imposes various requirements on the selection of the
independent professionals described above, including, among other
things, that they not be state government employees.
   This bill would additionally require those independent
professionals to consult with a prisoner's primary therapist,
psychiatrist, or psychologist, as defined and if any, before making a
recommendation concerning that prisoner to the board.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2978 of the Penal Code is amended to read:
   2978.  (a) Any independent professionals appointed by the Board of
Parole Hearings for purposes of this article shall not be state
government employees; shall have at least five years of experience in
the diagnosis and treatment of mental disorders; and shall include
psychiatrists, and licensed psychologists who have a doctoral degree
in psychology. 
   (b) An independent professional appointed by the Board of Parole
Hearings for purposes of this article shall consult with a prisoner's
primary therapist, psychiatrist, or psychologist, if any, before
making a recommendation concerning that prisoner to the board. For
purposes of this subdivision, "primary therapist, psychiatrist, or
psychologist" means the person who is in charge of treating the
prisoner pursuant to this article.  
   (b) 
    (c)  On July 1 of each year the Department of
Corrections and Rehabilitation and the State Department of State
Hospitals shall submit to the Board of Parole Hearings a list of 20
or more independent professionals on which both departments concur.
The professionals shall not be state government employees and shall
have at least five years of experience in the diagnosis and treatment
of mental disorders and shall include psychiatrists and licensed
psychologists who have a doctoral degree in psychology. For purposes
of this article, when the Board of Parole Hearings receives the list,
it shall only appoint independent professionals from the list. The
list shall not be binding on the Board of Parole Hearings until it
has received the list, and shall not be binding after June 30
following receipt of the list.