Bill Text: CA AB353 | 2013-2014 | Regular Session | Introduced
Bill Title: Parole: medical parole.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee without further action pursuant to Joint Rule 62(a). [AB353 Detail]
Download: California-2013-AB353-Introduced.html
BILL NUMBER: AB 353 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Brown
FEBRUARY 13, 2013
An act to amend Section 3550 of the Penal Code, relating to
parole.
LEGISLATIVE COUNSEL'S DIGEST
AB 353, as introduced, Brown. Parole: medical parole.
Existing law provides that the Board of Parole Hearings or its
successor in interest shall be the state's parole authority. Existing
law provides that a prisoner who is found to be permanently
medically incapacitated, as specified, shall be granted medical
parole, if the Board of Parole Hearings determines that the
conditions under which the prisoner would be released would not
reasonably pose a threat to public safety. Existing law exempts a
prisoner sentenced to death, a prisoner sentenced to life without the
possibility of parole, and a prisoner who is serving a sentence for
which parole is prohibited by initiative statute, from medical parole
eligibility.
This bill would additionally exempt from medical parole
eligibility a prisoner who was convicted of the murder of a peace
officer, as provided. This bill would not apply that exemption to a
prisoner who committed the underlying offense on or after January 1,
2011, but before January 1, 2014.
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 3550 of the Penal Code is amended to read:
3550. (a) Notwithstanding any other provision of law, except as
provided in subdivision (b), any prisoner who
if the head physician of the an
institution where the in which a
prisoner is located incarcerated
determines, as provided in this section, that the prisoner
is permanently medically incapacitated with a medical
condition that renders him or her permanently unable to perform
activities of basic daily living, and results in the prisoner
requiring 24-hour care, and that incapacitation did not exist at the
time of sentencing, the prisoner shall be granted medical
parole if the Board of Parole Hearings determines that the conditions
under which the prisoner he or she
would be released would not reasonably pose a threat to public
safety.
(b) This section does not alter or diminish the rights
conferred under the Victim's Bill of Rights Act of 2008 (Marsy's
Law). Subdivision (a) shall does
not apply to any prisoner of the following:
(1) A prisoner sentenced to death
or life in prison without possibility of parole or to any
inmate parole.
(2) A prisoner who is serving a
sentence for which parole, pursuant to subdivision (a), is prohibited
by any initiative statute. The provisions of this section
shall not be construed to alter or diminish the rights conferred
under the Victim's Bill of Rights Act of 2008: Marsy's Law.
(3) (A) A prisoner who was convicted of murder if the victim was a
peace officer, as defined in Section 830.1, 830.2, 830.3, 830.31,
830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5, 830.6,
830.10, 830.11, or 830.12, who was killed while engaged in the
performance of his or her duties, and the individual knew, or
reasonably should have known, that the victim was a peace officer
engaged in the performance of his or her duties.
(B) The victim was a peace officer, as defined in any of those
sections enumerated in subparagraph (A), or had been a peace officer,
as defined in any of those sections, and was intentionally murdered
in retaliation for the performance of his or her official duties.
This paragraph does not apply to an individual who murdered the
peace officer or former peace officer on or after January 1, 2011,
but before January 1, 2014.
(c) When a physician employed by the Department of Corrections and
Rehabilitation who is the primary care provider for an
inmate a prisoner identifies an inmate
a prisoner that he or she believes meets the
medical criteria for medical parole specified in subdivision (a) the
primary care physician shall recommend to the head physician of the
institution where the prisoner is located that the prisoner be
referred to the Board of Parole Hearings for consideration for
medical parole. Within 30 days of receiving that recommendation, if
the head physician of the institution concurs in the recommendation
of the primary care physician, he or she shall refer the matter to
the Board of Parole Hearings using a standardized form and format
developed by the department, and if the head physician of the
institution does not concur in the recommendation, he or she shall
provide the primary care physician with a written explanation of the
reasons for denying the referral.
(d) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may independently
request consideration for medical parole by contacting the head
physician at the prison or the department. Within 30 days of
receiving the request, the head physician of the institution shall,
in consultation with the prisoner's primary care physician, make a
determination regarding whether the prisoner meets the criteria for
medical parole as specified in subdivision (a) and, if the head
physician of the institution determines that the prisoner satisfies
the criteria set forth in subdivision (a), he or she shall refer the
matter to the Board of Parole Hearings using a standardized form and
format developed by the department. If the head physician of the
institution does not concur in the recommendation, he or she shall
provide the prisoner or his or her family member or designee with a
written explanation of the reasons for denying the application.
(e) The Department of Corrections and Rehabilitation shall
complete parole plans for inmates referred to the Board of Parole
Hearings for medical parole consideration. The parole plans shall
include, but not be limited to, the inmate's plan for residency and
medical care.
(f) Notwithstanding any other law, medical parole hearings shall
be conducted by two-person panels consisting of at least one
commissioner. In the event of a tie vote, the matter shall be
referred to the full board for a decision. Medical parole hearings
may be heard in absentia.
(g) Upon receiving a recommendation from the head physician of the
institution where a prisoner is located for the prisoner to be
granted medical parole pursuant to subdivision (c) or (d), the board,
as specified in subdivision (f), shall make an independent judgment
regarding whether the conditions under which the inmate would be
released pose a reasonable threat to public safety, and make written
findings related thereto.
(h) Notwithstanding any other provision of law, the board or the
Division of Adult Parole Operations shall have the authority to
impose any reasonable conditions on prisoners subject to medical
parole supervision pursuant to subdivision (a), including, but not
limited to, the requirement that the parolee submit to electronic
monitoring. As a further condition of medical parole, pursuant to
subdivision (a), the parolee may be required to submit to an
examination by a physician selected by the board for the purpose of
diagnosing the parolee's current medical condition. In the event such
an examination takes place, a report of the examination and
diagnosis shall be submitted to the board by the examining physician.
If the board determines, based on that medical examination, that the
person's medical condition has improved to the extent that the
person no longer qualifies for medical parole, the board shall return
the person to the custody of the department.
(1) Notwithstanding any other provision of law establishing
maximum periods for parole, a prisoner sentenced to a determinate
term who is placed on medical parole supervision prior to the
earliest possible release date and who remains eligible for medical
parole, shall remain on medical parole, pursuant to subdivision (a),
until that earliest possible release date, at which time the parolee
shall commence serving that period of parole provided by, and under
the provisions of, Chapter 8 (commencing with Section 3000) of Title
1.
(2) Notwithstanding any other provisions of law establishing
maximum periods for parole, a prisoner sentenced to an indeterminate
term who is placed on medical parole supervision prior to the
prisoner's minimum eligible parole date, and who remains eligible for
medical parole, shall remain on medical parole pursuant to
subdivision (a) until that minimum eligible parole date, at which
time the parolee shall be eligible for parole consideration under all
other provisions of Chapter 8 (commencing with Section 3000) of
Title 1.
(i) The Department of Corrections and Rehabilitation shall, at the
time a prisoner is placed on medical parole supervision pursuant to
subdivision (a), ensure that the prisoner has applied for any federal
entitlement programs for which the prisoner is eligible, and has in
his or her possession a discharge medical summary, full medical
records, parole medications, and all property belonging to the
prisoner that was under the control of the department. Any additional
records shall be sent to the prisoner's forwarding address after
release to health care-related parole supervision.
(j) The provisions for medical parole set forth in this title
shall not affect an inmate's eligibility for any other form of parole
or release provided by law.
