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

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-Amended.html

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BILL NUMBER: AB 2520	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 1, 2014

INTRODUCED BY   Assembly Member Maienschein

                        FEBRUARY 21, 2014

   An act to amend  Section 2978   Sections 2978
and 3041.7  of the Penal Code, relating to parole.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2520, as amended, Maienschein. Parole:  independent
evaluators.   primary mental clinicians.  
    Existing 
    (1)     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   professionals, at the request of the
prisoner,  to consult with a prisoner's  primary
therapist, psychiatrist, or psychologist,   primary
mental clinician,  as defined  ,  and if any, before
making a recommendation concerning that prisoner to the board. 
   (2) Existing law specifies the applicable procedures for any
hearing by the Board of Parole Hearings to set, postpone, or rescind
a parole release date of a prisoner under a life sentence. Existing
law also requires that those prisoners are entitled to be represented
by counsel at those hearings, and that specified individuals be
invited to those hearings.  
   This bill would require the board, at the request of the prisoner,
to consult with a prisoner's primary mental clinician if the board
considers a Psychological Risk Assessment, as those terms are
defined, as part of the board's determination of whether to set,
postpone, or rescind a parole release date of a prisoner under a life
sentence. 
   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  
shall, at the request of the prisoner,  consult with a prisoner'
s primary  therapist, psychiatrist, or psychologist 
 mental clinician  , if any, before making a recommendation
concerning that prisoner to the board. For purposes of this
subdivision, "primary  therapist, psychiatrist, or
psychologist"   mental clinician"  means 
the person who is in charge of treating the prisoner pursuant to this
article   a licensed psychiatrist, psychologist, or
clinical social worker who regularly treats the prisoner pursuant to
this article, including, but not limited to, an employee of the State
Department of State   Hospitals or a privately hired person
 .
   (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.
   SEC. 2.    Section 3041.7 of the   Penal
Code   is amended to read: 
   3041.7.   (a)     (1)    At
any hearing for the purpose of setting, postponing, or rescinding a
parole release date of a prisoner under a life sentence, the prisoner
shall be entitled to be represented by counsel and the provisions of
Section 3041.5 shall apply. The Board of Parole Hearings shall
provide by rule for the invitation of the prosecutor of the county
from which the prisoner was committed, or his representative, to
represent the interests of the people at the hearing. The Board of
Parole Hearings shall notify the prosecutor and the Attorney General
at least 30 days prior to the date of the hearing. 
    Notwithstanding 
    (2)     Notwithstanding  Section 12550
of the Government Code, the prosecutor of the county from which the
prisoner was committed, or his representative, who shall not be the
Attorney General, except in cases in which the Attorney General
prosecuted the case at the trial level, shall be the sole
representative of the interests of the people. 
   (b) (1) At any hearing where the Board of Parole Hearings
considers a Psychological Risk Assessment, as described in Section
2240 of Article 2 of Chapter 3 of Division 2 of Title 15 of the
California Code of Regulations, as part of its determination of
whether to set, postpone, or rescind a parole release date of a
prisoner under a life sentence, the board shall, at the request of
the prisoner under a life sentence, also consult with the prisoner's
primary mental clinician if that person exists.  
   (2) For purposes of this section, "primary mental clinician" means
a licensed psychiatrist, psychologist, or clinical social worker who
regularly treats the prisoner, including, but not limited to, a
state employee or a privately hired person.