AB 618: Parole: primary mental health clinicians.

(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, at the request of the prisoner, to consult with a prisoners primary mental health 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 prisoners primary mental health clinician if the board considers a Psychological Risk Assessment, as those terms are defined, as part of the boards determination of whether to set, postpone, or rescind a parole release date of a prisoner under a life sentence.