BILL NUMBER: SB 6 CHAPTERED
BILL TEXT
CHAPTER 886
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2016
APPROVED BY GOVERNOR SEPTEMBER 30, 2016
PASSED THE SENATE AUGUST 24, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN ASSEMBLY AUGUST 19, 2016
AMENDED IN ASSEMBLY AUGUST 15, 2016
AMENDED IN ASSEMBLY JUNE 27, 2016
INTRODUCED BY Senator Galgiani
(Coauthor: Assembly Member Gonzalez)
DECEMBER 1, 2014
An act to amend Section 3550 of, and to add Section 1170.02 to,
the Penal Code, relating to parole.
LEGISLATIVE COUNSEL'S DIGEST
SB 6, Galgiani. Parole: medical parole: compassionate release.
Existing law provides that the Board of Parole Hearings or its
successor in interest shall be the state's parole authority. Existing
law requires that a prisoner who is found to be permanently
medically incapacitated, as specified, 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.
Existing law authorizes a court to resentence or recall the
sentence of a prisoner if the court finds that the prisoner is
terminally ill, as specified, or the prisoner is permanently
medically incapacitated, as specified, and, in either case, the
conditions under which the prisoner would be released or receive
treatment do not pose a threat to public safety. Existing law exempts
a prisoner sentenced to death or a term of life without the
possibility of parole from eligibility for compassionate release
pursuant to these provisions.
This bill would additionally exempt from medical parole
eligibility and compassionate release eligibility a prisoner who was
convicted of the first-degree murder of a peace officer or a person
who had been a peace officer, as provided.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1170.02 is added to the Penal Code, to read:
1170.02. A prisoner is not eligible for resentence or recall
pursuant to subdivision (e) of Section 1170 if he or she was
convicted of first-degree 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, or the victim was a peace officer or a former
peace officer under any of the above-enumerated sections, and was
intentionally killed in retaliation for the performance of his or her
official duties.
SEC. 2. Section 3550 of the Penal Code is amended to read:
3550. (a) Notwithstanding any other law, except as provided in
subdivision (b), if the head physician of an institution in which a
prisoner is 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 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 Victims' Bill of Rights Act of 2008 (Marsy's Law).
Subdivision (a) does not apply to any of the following:
(1) A prisoner sentenced to death or life in prison without
possibility of parole.
(2) A prisoner who is serving a sentence for which parole,
pursuant to subdivision (a), is prohibited by any initiative statute.
(3) A prisoner who was convicted of first-degree 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, or the
victim was a peace officer or a former peace officer under any of the
above-enumerated sections, and was intentionally killed in
retaliation for the performance of his or her official duties.
(c) When a physician employed by the Department of Corrections and
Rehabilitation who is the primary care provider for a prisoner
identifies 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 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 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 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.
(k) (1) Notwithstanding any other law, the Department of
Corrections and Rehabilitation shall give notice to the county of
commitment and the proposed county of release, if that county is
different than the county of commitment, of any medical parole
hearing as described in subdivision (f), and of any medical parole
release as described in subdivision (g).
(2) Notice shall be made at least 30 days, or as soon as feasible,
prior to the time any medical parole hearing or medical parole
release is scheduled for an inmate receiving medical parole
consideration, regardless of whether the inmate is sentenced either
determinately or indeterminately.