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1987 California Correctional System's Policies Regarding Parole Release and Mentally Disordered Offenders Assembly Committee on Public Safety

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Recommended Citation Assembly Committee on Public Safety, "California Correctional System's Policies Regarding Parole Release and Mentally Disordered Offenders" (1987). California Assembly. Paper 282. http://digitalcommons.law.ggu.edu/caldocs_assembly/282

This Committee Report is brought to you for free and open access by the California Documents at GGU Law Digital Commons. It has been accepted for inclusion in California Assembly by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. KFC - 22 .L500 P871 1987 no .1 CALIFORNIA CORRECTIONAL SYSTEM 1 S POLICIES REGARDING PAROLE RELEASE AND MENTALLY DISORDERED OFFENDERS

ASSEMBLY COMMITTEE ON PUBLIC SAFETY FINDINGS AND RECOMMENDATIONS

LARRY STIRLING, Chair Robert Campbell Burt Margolin Terry B. Friedman Mike Roos Tim Leslie Paul E. Zeltner

DeeOee D1 Adamo, Counsel Laura Hankins, Consultant LARRY STIRLING CHIEF COUNSEl CHAiR SUSAN SHAW GOODMAN COUNSEL LISA BURROUGHS WAGNER 1Il.egislaturt DEEDEE D'ADAMO MELISSA K. CONSULTANT PAUL E. ZELTNER LAURA HANKINS COMMITTEE SECRETARY DARLENE E. BLUE

11 00 J STREET SACRAMENTO, CA 95814 (916) 445-3268

testimony presented to the Committee on ng on Parole Release Policies Disordered Offenders." Also incl are ons regarding these issues. regarding the recent release of leton, and regarding several rel ease and post-release programming ly disordered offenders. Their Californians to collectively resolved in the immediate of California.

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6 D) and, objectives of parole sian are to severity of incidents of parolee nal behavior r (parolee) community adjustment. 11 l 1 these makes the following recommendations:

1) CDC is encouraged to expand the Sponsors a continuation of the visits by once eased. The success rate statistics M-2 ion V-B) clearly indicate that the success rate of were matched up with an M-2 sponsor was much hi during 1ately following their incarceration. ing the inue the visits during the period e would ees th additional resources to assi ntegration community 1if e.

2) For 15 years, the State Bar operated "Volunteers in Parole," a judges with CYA parolees. The their parolees, providing positive i r efforts to become productive citizens. , Statewide Coordinator-Director to a recidivism study has not been , is to the quality of the volunteer/parolee visits, cipate in the program have greater success who did not participate in the program. establish a Volunteers in si lar , and the Legislature is encouraged ing

3) • Nunn recommends that participation ld be required as a condition of e substance abuse caused or contri parolee's crime.

4) The Period Immediately Following Incarceration. Mr. recommended that all parolees be on intensive surveillance ng the first 30 days of parole. Accardi iately following release is the most ion into society. During this ee adjustments regarding personal housing.

5) CDC have with fy

-17- Before to know each encouraged appropri i informati 6) Employment. a)

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Addi a vi re a period in determine

ng state iring the ng program to

7) recommends that CDC's parole division other state es, such as the Department ing and of Social ces, the on, on 1 the Interagency would between parolees es ch parolees. VII. PAROLE PLACEMENT

A)

1) on 3003 (See Appendix #8) the inmates placed on parole shall be returned to they were committed. CDC or BPT may release a other than the county of commitment if such a best interests of the public of the may be based the following

the life or of a victim, the parolee, a person •

• would reduce the chance that inmate 1 s parole completed.

of a work t educati or vocational

residence of inmate. exi ly with whom the inmate has ntained strong ties support would increase the chance that the inmate's parole wou successfully completed. outpatient mental health treatment programs. de to place a parolee in a county other than the

9 they mu place ir reasons in writing.

1) . t, e di ision imately 210 days prior to release in inmate upon release. Placement unless exist ich other the county of

2) releasing Singleton, CDC announced Costa County. According to Mr. on came to s decision because it did not in Stanislaus County (the county where the crime in the best interests of the public since Singleton di who prosecuted on the Attorney General Morris Lenk, county of tment) would s nee Singl ed in San

-20- Diego by mere 11 happenstance" as the result of a Stanislaus County. CDC also made attempts to place Singleton out Florida or Nevada. Both states, however. Singleton in their states. CDC finally sel the county of Singleton's placement since it was legal residence. 3) Litigation Regarding Singleton's Placement. filed by counties which sought to restrain in their communities:

a) Contra Costa County. 1 CDC and San Diego County, seeking Singleton in Contra Costa County. receiving a temporary restraini mandate in appellate court. b) San Francisco County. In ls CDC met officials regardi the ible placement City/County of San sco responded wi restrain CDC from plac1 Singleton successful in receiving a temporary sought a writ of mandate in appellate c) San Mateo County. 1 30, CDC Singleton in San Mateo. San Mateo of Singleton in i on, d)

i) placement commi requires pl includes of venue, authorized county of in the the parolee

es venue would have the of venue

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) •

4)

C) Findings

1)

D)

1) pass

agencies i authori to cons parolee in

2) -- see Appendix 19). According to Director Rowland, CDC complies this requirement by sending a computer printout to each law enforcement jurisdiction that requests such notice showing monthly parolee movement into and out of their area. The Legislature is encouraged to amend these provisions to require to provide such information to law enforcement as a matter of course. Additionally, CDC should be required to provide law enforcement wi additional information, such as the place of the parolee's resi and the name of the parolee•s parole agent. 3) Chan e of Venue Clarification. The Legislature is encouraged to AB 629 Stirling see Appendix #10) which clarifies that 11 county commitment" for purposes of release means the county where the me was committed. This bill would have the impact of overturning a portion of the McCarthy decision (see VII-B) which interpreted 11 of commitment" to mean the county from where the defendant was committed. According to Assemblyman Stirling, the policy behind AB 629 is to encourage, rather than discourage, counties from accepti of venue cases.

-23- v

A) 1)

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• persons require Rehabili on Institutions 3) zes the of persons • These is amenable

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v) disorder 90

a) tment not demonstrated b) Treatment. The parolee can challenge BPT's decision in superior court at which time the state must prove its case beyond a reasonable doubt. The treatment is inpatient unless the parolee can be safely and effectively treated on an outpatient basis. c) Extended Commitment. The district attorney may file a petition with the court to extend involuntary treatment for up to one year beyond the period of parole. Extended commitment is authorized if a jury makes a finding beyond a reasonable doubt that the above criteria is met. There is no limit on the number of times a court can recommit a patient. B) Summary of Testimony 1) Mental Health Evaluations. a) CDC Procedure. According to Dr. Nadim Khoury, Chief of CDC's Medical Services Division, since the MOO law became effective on July 1, 1986, CDC performs mental health evaluations of each inmate within 6-8 months of their commitment to CDC. Dr. Khoury testified that CDC performs in-depth mental health evaluations upon inmates who meet any of the following criteria: i) The inmate admits to a history of prior mental health treatment. ii) A psychiatrist who performs the initial evaluation suspects that the inmate has a mental illness. iii) The inmate has a history of commitments based upon incompetent to stand trial or not guilty by reason of insanity. iv) The person who performs the educational evaluation or a correctional counselor suspects that the inmate has a mental illness. b) DMH Procedure. According to Rick Mandella, Chief the Forensic Services Branch with the Department of Mental Health, OMH all inmates who have been referred to DMH facilities pursuant to the MOO law or the law which authorizes transfer from CDC to DMH. DMH's evaluation consists of the following: i) A review of the inmate's record while in prison. ii) A review of the inmate's plea and sentencing record. iii) A review of information from CDC's clinical and custodi staff.

-25- iv) A mental on psychologi

v) A d1 ic 2) Implementing the MOO Law. so few inmates are being stringent requirements funding. Dr. Khoury According to Dr. category of severe trigger an ready ex Kenady, CDC 1 s isl should consider prisoners, i Stahl testi ied • mental disorders. 3) Treatment. a)

b)

c)

Accordi d)

C) Findings

1)

2) Treatment.

a)

b)

3) a)

b) 4) inmates for the date of this ly

5) beds at transferred treated

6) ly are i on

7) the

D) Recommendations

1)

programs.

b) ld require a condition caused ing

2)

see Appendix felons -­ ly, diagnosed

-28- 3)

4)

5) LARRY STIRLING CHIEF COUNSEL CHAIR Assrmbly SUSAN SHAW GOODMAN ROBERT CAMPBELL COUNSEL TERRY B FRIEDMAN LISA BURROUGHS WAGNER TIM LESLIE

Olnmmitt~.e nu Jublic ~nf~t~

11 00 J STREET SACRAMENTO. CA 95814 (916)445-3268

AGENDA May 26, 1987 1:00 p.m. -- ROOM 447 State Capitol, Sacramento

Informational Hearing Parole Release Policies and Evaluations and Treatment of Mentally Disordered Offenders

I. Parole Policies and Procedures Pre-Release Preparation and Training Daniel McCarthy Oi Cali ia Department of Corrections Robert Denninger Deputy Director, Institutions Division • Cali ia Department of Corrections Post-Release Supervision Edward Veit Assistant Deputy Director, Parole Division California Department of Corrections Ron Koenig Chairman Prison Terms Paul Acting Chief Deputy Commissioner Board of Prison Terms

-30- Dorsey Nunn Paralegal Prison Law Office

Placement of Parolees Edward Veit Morris Lenk Deputy Attorney General California State Attorney General's Office Ron Koenig Paul Foster II. Mentally Disordered Offenders Dr. Nadim Khouri Chief, Medical Services Division California Department of Corrections Richard Mandella Chief, Forensic Services Branch Department of Mental Health Ruth Melrose Deputy Commissioner Board of Prison Terms Or. Steven Shon Assistant to the Director for Clinical Services Department of Mental Health III. The Singleton Case Donald Distri Attorney, Stanislaus County

3 been called primarily to and fears about the releases and extent of the the strengths ons does about safeguardi them; what on ought to

our 1, there•s and

is in in or

on -- that really serving their terms, Is it possible ease that

are undertaking ious job,

ilwoman in to be

ir1 i ng. I am i1woman for the

se the c1ty We were t would do would be ing to take problem and in which people i done. what happening so the public

I enforcement bring them and ask our be happy

is ••• today. people society be committed criteria violence or disorder. crime itself.

Correct they're the new commi itself (i CDC psychi (inaudible) the CDC Chi Terms. And thent will be done by the California recommends or another CHAIRMAN if you kind of of the process, to know how Mr. DR. Singleton -­ far as ••••

CHAI that sort

a again, s it's a the cause be kept in treatment for treatment? was sick, was his e. 1 cases ••• in Terms goes to he should made: hold -- a offered as hearing the

1 s 1

understand

cs it; talk about defined in says what meet that the i

t

t is standards. DR. KHOURI: In regard to the McCorquodale bill you mean? CHAIRMAN STIRLING: DR. KHOURI: • ions that were done in the Department of Corrections regardi We have, at this moment, and r•m not accurate as of exactly the weeks ••• there were about 37 male and 1 female at DMH second that fication process. CHAIRMAN STIRLING: Okay. 60, how many felons do you have now? OR. KHOURI: Si CHAIRMAN STI evaluated 300 and • 37 have ended up in OR. KHOURI: CHAIRMAN RUNG: Is a reason you 't done more? OR. KHOURI: see that they meet the criteria. That•s why the eval ion is ••• you call the early screening when you look the criteria or not? And then you go detail on

11 1 CHAIRMAN I I say " it s 95% males in there anyway. comes into facility, or does he get ion of the correctional officers because we a psychiatric

or psychi

just a

compl psychiatric let me mention some ization. A person was ill in county or state.

iew they are

DR. in it ion. Another area we look at is .... know

i stress the way when, spouse?

prison there 1 i not there that they're r parole officer

a ld it Senator

1, 1 t it again, sir.

e b i 11 ~ or 1aw, currently lism, was mental impai was sufficient son treatment person•s that sets somebody could l law.

or

I we di

i ion 1 1e DR. KHOURI: Yes. CHAIRMAN STIRLING: Alright. Doctor, do you care to go DR. ZIL: Pardon? CHAIRMAN STIRLING: Do you care to go on? DR. ZIL: You asked for an opinion and I was going to indi really, I 1 m not in a position to render an opinion on •••• CHAIRMAN STIRLING: On whether it should be within the ambit law? • ZIL: Not this point. Of course, we would be gl it through the bill analysis process. CHAIRMAN STIRLING: Okay. Thank you. Alright, Doctor?

DR. KHOURI: Some other areas we look at is referral by counselor, where correction counselor refers the patient, or inmate, psychiatrist during the process of classification, through the contact with the inmate himself in there. Some other areas, we have record of past Department of Mental or BDS department treatment, where we order it and we get to know person has some mental illness in there somehow. And during all evaluation at the reception center, we do a lot of comprehensive background, we do psychological testing ••• these are areas where we p early on, if there is any mental illness in there. And sometimes will tell us that "I am on so-and-so." Okay. In resources, would more people eval McCorquodale legisl And, would there 37?

DR. KHOURI· I don't think it's a matter of number No. I think it is re the number of people who meet This is one of those mandates where it is top priority we concentrate on it ily. CHAIRMAN STIRLING· Alright. Are in a position behalf of the department, any broadening or changing of the criteri

DR. KHOURI: No, I'm not in that it ion I Is anybody in department talk about it? Mr. Mr. Kenady? If two-thirds of letting out are going to commit serious lonies again, it there's something wrong with the •••• MR. PAT KENADY: Well, Mr. Chairman, the McCorquodale bill Lockyer bill was before this committee several ago, and as part

-39- id,

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that it , or ented. the system; more , is geared • •

n, with skills.

I would that ••• I we in

or were

a program a state, ., but there's another then it would 's happening in hire that person. many people can't get a job. I don't understand we experimented

progress at this areas I'm led a will help us in prison with n community. i son

caseload of,

answer that.

that I referred cled is includes od. Is

a this poi in He answer, the

it. Koenig, Mr. Paul , has to leave. i1 and gentlemen, , estimated parole County, 21,264; • San Diego ; 1900; 1500; 2500; 1200; understand how important it better at it. Okay, Mr.

Committee, have with me Commissioner California Mentally 01 the Chief has worked nate

the

ng prisoners

ing

in

just

on rel i e Division th a viol

MR

CHAI today. Tell us about the poli policy of placement, and ing and members by saying is, getti were over 32,000 felons thousand of those were eases to parole. I lem, which goes along nate sentence law ves you an idea of does that create and now they go MR. more them in for a lot l also much shorter for some let me First of all, our primary concern in our policy. We look first n the community with safety to iately by the parole agent and referred to ion hearing. Let me walk parole. Approximately 210 days , and 11m talking about a determinate sentence case the institution out to a parole region in the by a regional staff member at that poi in should be referred to for parole pl ses on return to the county of commitment, and I 11 state those in a moment. Most e ir of commitment for their e are the need to protect e job ile on of the systems are what

r bs, is most CHAI Initially, you said there•s gure you just gave us was ,000. That•s like 90%. MR. VE ees for crimes of persona 1 o1 ence is "'"'""'nn~~:~l'l CHAIRMAN 30,000 arrests for if they•re not personal MR. VE ons, minor crimes. CHAI some our leagues here call technical viol MR. VEIT: Yes, CHAIRMAN ing them for technical violations?

MR. 1 I indicated, we arrest some 7,000, and the rest es in this state arrested some 23,000.

CHAIRMAN I are arrested for crimes of personal violence is

MR. I se From 23% down to 15%. CHAIRMAN it s of 32,000, folks, and so the difference narhi<:\IO number are technical violations of the parole? MR. VEIT: No, are e are arrested for other crimes. Other felonies and misdemeanors. think the important point that I was trying to make is that agai persons, or crimes of personal violence, the rate is down it s our strong be11 that reflects early intervention by agents to pull of the community for lesser offenses, get them back inside before more serious felonies. CHAIRMAN STI ING: th 1 due respect, it could be that your caseload is so 1 icers are not catching them and they•re simply going ASSEMBLYMAN ZELTNER: that statement by the chairman brings up my question and that is, le have on parole in the state now? MR. VEIT: ASSEMBLYMAN s ng and going and •••• !I we

gn him i only 15 assigned and those are ty and evenly if you • We think that 1 s on parole that are is estab 11 classifi 1 imited say fifteen, parolee, easel good wi

e , at ion, runs are what t laws when agenda. MR. VE so as I 110 edge if it does. ASSEMBLYMAN department? MR. ASSEMBLYMAN ing it does not have an adverse effect, then, ••• if certain types of violators were to time, that it would not adversely affect MR. VEIT: on. CHAIRMAN was nextt then Mr. Campbell. Were ASSEMBLYMAN out that good time was to make people behave in 're out. That's a whole different reason for it, a di CHAIRMAN I name besides good time. Mr. longshore? ASSEMBLYMAN , you said the technical arrests for parole 7,000 that your parole agents actually pi the 23,000 that the police departments MR. of offenders. If it's a more serious pol ce and they either make the arrest or we go wi 't know that you could specify the types of arrests 11 say this: they do take off the street a 1 have misused or abused drugs. That's one • over 300,000 urinalysis tests each year, and are called into the office. If they're found to have are immediately placed in custody and then we go of those arrests are like that • ASSEMBLYMAN ARE : di , then, being that the 23,000 • would normally be new offenses? MR. VEIT: , ••• they would certainly be crimes. They might be mi fel es. Some of the violations that I categori were • Oftentimes, a person will serve a local sentence for a mi also be given a revocation of sentence by the Board of Prison Terms. CHAIRMAN STIRLING: 1? ASSEMBLYMAN on you can't answer. You can give me an educated If a person had a job, was gainfully empl give me a guesstimate as to what percentage 57% of return, would that be income once they got , a place to stay, a part of the problem on or washing

I would guess that if e, and it's just a job ing, shelter, what we mi nk that is a problem. course, is that we 1 re giving them five or six years g ves them hardly any start at Economi , even though the statewide pi some of the areas in the state , and of course one imony is that people do ings that we are obl i their property or parolee an opportuni not going to 1 the owner of the overall e then Mr. Areias. a Some

There were We calcul

We had a small our felon population. 1 add1ct popul on i sounds

The 1 time serve an additi Most people who are on parole e At the end of one year, we ew f and doesn't pose an ousness or the seriousness discharge. If we feel they Board of Prison Terms should be retained on parole done on ••• well, you numbers it appears that a I wonder, on the rearrest sm category, how many of those are re ill on parole, and how many I me, Assemblyman in the early period the second six e longer and longer, se generally they've i i ASSEMBLYMAN IE success, though. Just 2,000 of them. MR. VE . as ASSEMBLYMAN would be fair to characterize is in the movies, at least. 're going back in, they're on parole door. MR. VE are a considerable portion of them that do discharge the first year, so for those people at least, they did e, they didn't commit a new crime or a parole viol ion Now, it's true, we don't do a lot of foll 1 you what happens at the end of five years, time. All I'm saying is that some of doing that year on parole and then CHAIRMAN STI ias. ASSEMBLYMAN to the application of good time again, can of behavior and involvement are requ good time or good behavior? They i a , is correct? MR. one is available, ves, remain di scipl i

was Soledad, in inmate population is about 2,700. inmates that on, they had no some of meaningful • Would those e, having an education program or a work program, was no ••• ?

MR. 11 t

MR. VE I if they're avail et versus in a program full-time •••• ons can correct me on bill out from the liberal you don't give them any , if the prisoners were it. e MR

1 it from

, you•ve

up for either lities or staff data. answer that question? CHAIRMAN rest up here with us. We'd be glad to MR. . as • ASSEMBLYMAN , of the 64,000 inmates, how many or educational programs and are not whatever reason? MR. is a waiting 1 i st. On jobs, ion and industry and labor limitations, on any one day.

ASSEMBLYMAN ARE t i 4, MR. KENADY: Ri ASSEMBLYMAN , system-wide, are involved in one type of educational the 66,000 inmates? MR. KENADY: a total figure, I think, about 85% are programmed ~ or education programs. ASSEMBLYMAN AREIAS: good time as a result of that? MR. KENADY: time, inmate work training program. Good few are vested under the old law. ASSEMBLYMAN . see MR. KENAOY: ti on, expansion of prison industry, support jobs CHAIRMAN STIRLING: , Mr. it, where this 27 years was corrected, is you get one-third if you're ready, lling, and able but there's no program available. I did not remember that was the deal that was cut eventually. Okay, Mr. Veit, under e conditions can you assign your parolees to take alcoholic rehabilitation programs or drug rehabilitation programs. Are those programs ••• do you do that, and are those programs available? MR. VEIT: Yes, the are available and oftentimes that is a condition of parole, that they attend one or both of those programs. Now, we have some in-house programs ourselves. We run TREXON programs in several of our areas of the state. We also run ANTABUSE programs, which are for the alcoholics. In addition to that, we use community programs wherever they are available and assign the parolees to go to those programs. CHAIRMAN STIRLING: parolees on welfare when they come out? MR. VEIT: can are. CHAIRMAN : Is 1 e MR. VE can i on parole, then, to take advantage on, alcoholic treatment programs and all MR. IT: , we could. CHAIRMAN ST ion being asked by a secret source s a day by parole offi

MR. IT: He is under is ion a day by para le officers.

CHAIRMAN STI ING: And if is , were local ice necessary to protect him?

MR. VE : supervision One is the parole supervision, other aspect in that case is the public e, and 's the responsibility CHAI emen. If Mr. Singleton were earned 73 years in the state , it would have been 35 years in a t old gentleman before he was lowed women that you've been dealing with for lengthen those particular

e, are certain we would expect everybody re on parole for? MR. VE SENATOR MR. whereabouts. seek emplnumo ... ..- enforcement vehicles if leave their the standard problem wi al totally abstain they '11 be fairly common condi on. th problem or some kind of a psychosis, they 11 e outpatient clinic, and we have about 5,000 i , and those are the more typical ones, SENATOR fifty cases that he's carrying, how a contact with each one of those? MR. VEIT: ce case, that's what you're talking about, is the into contact about twice a month with that

SENATOR I'IL.LUP.UIJU In his other person's? MR. VEIT: would a eld 1 on. CHAIRMAN STI ING: ASSEMBLYMAN had drug problems outside. Do they MR. VE tution program. ASSEMBLYMAN conditions, that they be absolutely

MR. VE t ASSEMBLYMAN CHAIRMAN STIRU • Longshore. Any more questions for these gentl very much, sir, for ••• yes? ASSEMBLYMAN IE: I believe I • Maybe, Mr. Stirling, you could advise me if another witness will coming up later that would be better to answer this, but could you discuss for a minute the recent M-2 program study that was done and the Department's reactions to that? Are you the right person to ask about that? MR. VEIT: Probably an insti ion person could better address it, Assemblyman Leslie, however I 11 say this: M-2, from a parole perspective, is a valuable program. They do provide assistance with parole programming in the community and we certainly feel they are a benefit to people on parole. ASSEMBLYMAN LESLIE: I ask my colleagues, is everyone pretty generally familiar with what the M-2 program is? The M-2 program is a matchi program where people from the outside of the prison will make a commitment go in and visit with prisoners during the course of their incarceration, giving them some contact with the teal world on the outside. Maybe Assemblyman Vasconcellos would call it an opportunity to increase their self-esteem, I don't But the results have been very remarkable and there's just a released within the last month by the Department of There's two paragraphs that I 1 d impress you. increases parole success 1 cated this was " ••• at six months, 77.4% of successful parole ved no visits. At it's 58.9% e that had successes in

11 For males, ion ous parole failures, as well as ous. the no-visit inmates had returned through new court commitments. comparison, rate inmates with 12 or more visits was 39.1%." The reason I the budget, which wi 11 be time to provide an augmentation M-2 so that it can be provided for two additi can't the initials but it's CIW MR. VE on fornia Rehabilitation

women the M-2 program 're not able to and education and so ing a significant nistration is supportive Department's own report?

I

MR. on it. It came up 1ast Thursday, a position on it at this time.

I 1 11 go to to tell us about it? MR e in Costa County, and that's CHAIRMAN STIRLING: to say anything else about it? Alright, thank a question, then we•11 excuse these gentlemen ASSEMBLYMAN would be the best one to answer, as it relates administered to the whole spectrum of classifi limited in scope? MR. KENAOY: I cally, Mr. Zeltner. I think as a practical matter, some it's difficult to make the match, but I do know a violent crime where there has been an M-2 match, icult to find someone in the community who will work wi

I ASSEMBLYMAN you, sir. MR. VE : Chairman i CHAIRMAN RLING: •re ing to stay with us, Mr. Veit.

MR. VEIT: 1 CHAIRMAN STIRLI , if I could excuse • Koenig. Thank you so much, sir. Did you in addition to Mr. Koenig's testimony? MR. PAUL FOSTER: speak about Mr. Veit has covered. I just want Prison Terms has four areas of responsibili CHAIRMAN MR. FOSTER: No. paroling lifers, we have the authority and responsibili es of old parolees, we have the authority and responsibility conditions of parole and length of parole and then the MT, MBO ions. are our four areas that we cover. So most of what you've discussed so far this afternoon basically falls under Corrections and the Parol Division but that's the scope of our authority, which has been lessened since the ~~--~~ CHAIRMAN STIRLING: , Mr. Foster. A large number of Californians are used to the old parole of indeterminate sentencing, and so when the criticism comes that so and so got out, the first thing they do is ask me, 11 Who in the hell appoi Parole Board and what am I going to do about getting rid of those guys?" 's a little hard to explain that we have this unique system in California. Thank you so much. Mr. Veit, you•re in the section, but could I turn to Mr. Dorsey Nunn now and let him testify. Mr. , as a paralegal with the Prison Law Office ••• he has told me never use the i tials by themselves. Mr. Nunn, could you tell us a little about yourself and your qualifications'to testify, and you need to pull the mi up a little oser. the Prison Law Office for Prison Law Office, I parole. I served essential first-degree murder under the r·,.,..,.,..,., .... ions, I went from the si addition a 1 two years of co 11 CHAIRMAN e close. MR. NUNN: the department officials terribly misled.

The service, as I them~ since I a 1 friends still remaining within the Department of ons, the assistance that they get when they're paroled is very limited. ninety-day to si period that they have a prerelease program is a I think it endangers my friends as well as society at 1 When I was paroled, I was wal gate, iven $200. know how I was ng to get I dn't where was going initially. When I showed up to Parole Division •••• CHAIRMAN STI NG: What year was MR. NUNN: 1981.

CHAIRMAN STI law d that people had to be paroled to the MR. NUNN: One of the ameda County was because I was I was having extremely viol reactions the constant confinement, the constant vi ence. ces. A number of questions which 1 hit available to prisoners. your 1 information are you going to a ible for retaining you in prison

When I the things that I did was me somebody in the community that was se there was literally no The committed very violent offenses essenti He'd sit there, and the person wasn•t a • He was a mental health caseworker. a group therapy where everybody sat or talked about very superficial therapy. Perhaps the institution by itself, where they had the status of confi could go to them with a problem, you could Department of soners inside of San there were of Corrections for a security housing unit of being

CHAIRMAN son Law Office •••• is that the name of Prison Law Office?

MR. NUNN: , it is. CHAIRMAN RLI

MR. NUNN:

CHAIRMAN I a 1 1 1ve package?

MR. NUNN: No, we 't

CHAIRMAN I is ice MR. NUNN: of San Quentin. We've also got an And we 1 ve also got an office located in

CHAIRMAN STI I legislation to try to correct some of these issues that nt about the security of the information is a good one.

MR. NUNN: Yeah, I 're a dead horse if you say you're going to put 1 services the i on and not know if anybody's going to go there and honestly tru the person who's there to help them.

CHAIRMAN I I 's no assistance for the Prison Law Office at all. MR. NUNN. No I if we got any state funds it would come as a result of of litigation when we sue the Department of Corrections. CHAIRMAN STIRLING: liar the Friends Outside organization?

MR. NUNN: I'm ide, and, too, most progressive organizations in CHAIRMAN organization? When it initial

it

Department unless Singl , thing that we've But in the meantime releasing wi get out. In where they're you are releas In Parole Divi Division was find my showed up, services. if I was goi services particular serv was unaware assist failed. family,

around who were when you get most is that the discrimi and go di egg issue. It's programs when two-thi very people would inion~ do we break

e in 1977 when you incarceration is instead of putting your money into books barbed wire and bullets. More than an attitude within the Department the trend on how prisoners are You set trends on what programs are ions. I know The friends who will get out of education to start off with or an have that anymore. You talked about near have to sue to get educational programs in your major prisons. CHAIRMAN STIRLING: 're asserting, then, that a support i is important. In your opinion, do the prison gangs a support infrastructure for the people who are leaving prison, prison gang members outside? MR. NUNN: , in terms of when I initially got out, if I if I was willing to take the kiss of death, I could with them than I could goi through a , whether it was illegal or not. They food, they had food. You didn't have that to soners are eligible for welfare assistance, eligible for on you basically can't get from the Parole Di sion When I walked in, they didn't even know who I was or I was di 1 t idea that I had even been rel CHAIRMAN : was it was in charge, I'm sure. Any other testimony you'd li give

MR. NUNN: I think that you need to broaden your focus a lot, and perhaps focus on how much money you•re actually spending. You say the taxpayers are getting mad? I think within the last ten years, you've spent $3 billion on the question, so whether they get mad or not, you're still spending the money. You're spending it on inadequate services • CHAIRMAN STIRLING: Alright, sir. Mr. leslie's got a question for • you, but may I just ask before you leave, would give us a series of written recommendations for the Commi them to us, to Mrs. Goodman? MR. NUNN: Sure I will. CHAIRMAN STIRLING: you. Mr. leslie? ASSEMBLYMAN LESLIE: I believe you at least implied that your personal success was based upon what you called an alternative support system, which was translated into friends on the outside that apparently cared enough about you as a human ng that were lling to support you and work with you. Is that right? MR. State, Hayward, whole bunch ten-year gas was i information to nineteen. They ng me over rough The Prison Terms was not been an extremely viol e and somebody else waul that grieves me the most, that I 1 m leton, but the reality of it is that we're not even seeing, , have not received just humane back into the community, and I danger to everybody. ASSEMBLYMAN E there let's say there was someone of whatever department, there -- that still woul personal success was a governmental agency even element to your success put it systemati t it would have ,000 convicts. a 1 ittle r1ght think misl paper

of

was a 11ttle CHAIRMAN st want to te 11 you that one day I , and I had just heard eave, can you tell me what

He dt a difference whether the guy's somebody outside that cares." a Correctional Okay, recommendations Our lees, still led by Mr. Veit, most of the information. • Tim Armistead from Mayor Feinstein's Mr. Veit, ion might come up. Mr. Lenk, you have MR. MORRIS LENK: is Morris Lenk. I'm a Deputy Attorney General my appearance was requested here today discuss been filed against the Department the Court of Appeals decision in on is is that on Apri 1 24 of 77-~..::..;.;;,<--..;.~,:::-;::;~~..;__~~ the Department and named individuals, i pl of Lawrence Singleton in ng order prohibiting the They were granted that ition for writ of mandate out Approx f ve was removed into San Francisco on a temporary from Contra Costa, and San Francisco also a temporary restraining order. Having revi Contra Costa and San Francisco, I can tell identical, simply replacing Contra Costa with San same sorts of allegations of irreparable harm to 1eton were placed there. The San Francisco lawsuit in 1, a temporary restraining order was issued, that matter to the Appellate Court via a petition for Two days that, • Singleton was apparently placed in San Mateo for a limited t so went into court, again filing the same legal eadi Department's placement of Mr. Singleton in that communi • lawsuit was not as successful from the County's perspective, in ning order was issued, but severe restrictions were 's ability to bring Mr. Singleton into the commu n suit? MR. respondent by pend1 CHAIRMAN a ff? MR. The considered. It was the s office, that that was Costa was simply ••• the happenstance and that cases in the future if they as a parolee. propriety of temporary Costa were place these governments that were of Appeals county or a of Appeals review was 's was so

the

s and county pull them I •m unsuccessful are written, because I am f. pages of wri

I would like to be has had a lot of like him are, there•s a whether it's working.

i a prisons succeeding in new crimes and creating new lems obvious. Under the present and then they are turned loose too few programs to number of parolees Our small, densely popul in i boundaries, most of them livi ghborhoods: The Tenderloin, 1 few weeks, we've seen total to close to 1.600. offenders. Many, and other testimony ndi 40% of parolees on the average are re-parole, for new offenses, or ir ease. The Rand Study, a , 72% of their cohort of Cali effort by the San that we're having 31, before we knew and regional parole program called the and apprehend known Francisco but for ion had inadequate cers on the team, assisted e olators. We kind of same period, another same strike team for other officers most literally mes in concert with the The fi among these authorities would, i that we apprehended was three homi des. now facing al in l A robberies. Another cigarettes dipped in a Trying to a an Ingleside District residence, our le jump out of a back wi res front window. They ee targeted, and found $10,000 in an earlier $50,000 , of the 160 some parolees arrested, using or selling. About 15% were parolees off the streets due to our one month the City has seen a down trend in lary. We can't say for sure but we believe it was because These figures California's offenders serious crimes agai is that there must dealing with serious the door of a small criminal on reforms: treat th mental are not Is

2.

3 CHAIRMAN In that regard, I have to tell you I of San Francisco; however, I is committee, I have never heard of the strengtheni san indu es or anything se, would hope that that would be Okay, acting on that from San a policy position. I , absent the fear of Singl DR. ion ng together a legislative packet CHAI we would welcome it. Thank you,

to ask a question is that drug he's saying, he ease for prior ling drugs within our MR can answer that • question? CHAIRMAN • Kenady? MR. KENADY: a em with ••• in the institution, we i an avenue for the introduction of have various strategies to deal with that. on sitation days, we have random searches a has been found in possession of son system, he 1 s e1ther subject to criminal prosecution loss of accumulated work time credits for this we are always working on. But just as in substance coming in. ASSEMBLYMAN if I I also understand that there's i requires a man to be drug-free. Is MR. CHAI can issue ASSEMBLYMAN we here. MR. What I d was drug-free me.

MR. : a is to be kept drug-free. If we alated and he 1 11 be returned to You have to a term that•s set by the ts as authorized by the or not release him, I don' once he's on parole, we have the n conditions, so the answer is 11 no 11 remaining on parole we can enforce goi to go out. ASSEMBLYMAN MR. IT: Right. CHAIRMAN much. Mr. Armistead, you mi is getting under way, which s ght, UN IF I could. Richard

Al the Ways and Means felons to supporting

In Corrections, requirement treatment of Department in support iding treatment CHAI . I was if we let them out nuts? MR s of potential for ••••

CHAI on hasn 1 t bothered to fi is, and I'm frankly shocked that Alri si ly 111 individuals, th engages in for prison inmates who referred as potential a review of the ons, including the arrest court transcript for has some connection

various , an overall impression is Department of Corrections. In coming from the clinical staff ons and also the individual, obvi accomplish a mental status 's emotional structure and , that type of thing, to Those occur if the person is either referred or if individual is already placed in a Code Section 2684. Every individual in that nate term is evaluated to determine a under MOO. CHAIRMAN STI of 1, the Department of Corrections at say, 11 Look him over and • decide if he's nuts, MR. MAt,WE , or re interested in the Mentally Disordered

CHAIRMAN I I MR. MANDELLA: 11, they can be transferred under exi on 2684, for treatment in a state hospital.

CHAIRMAN I can as 1 as they would have stayed in prison. MR. to

MR. 2684, and individuals they meet process.

MR. CHAIRMAN STIRLING sl on, how many of the McCorquodale people under Mr. McCorquodale's i eman, I admire the Senator for s ly proposed it and as ve, but he had to take law, but if it hadn't worse off today, and I thank , how many people have MR. MANDELLA: mechanism, 46. Forty-four of CHAI 1 are cured, or do they go MR. phases whi Under the fi Terms pl condition the person in Court. A individual be renewed for the person could s tment? SENATOR ng say that even though the numbers at this poi compare that with the total population and if you 're 1 ing at, of that 67,000 people that are in 11 ultimately end up in this program some have been referred

and around 40 , 9 got transferred to the state mental hospital. Ul is number is that you 1 re taking out 8,000 to 9,000 ill and might go back out to do violent crimes. CHAIRMAN ible bute to you, Senator, and ill closing down state mental MR.

CHAIRMAN I re 1osi down? MR. MANDE CHAIRMAN I capacity of taking care of all Mr. McCorquodal here? • MANDE : anning for development of state hospital resources mentally disordered offenders. CHAIRMAN ionals and the technology to handle MR. MANOE exist now, relative to the individuals intended to insure that existing mental e of effectively dealing with this particular In addition, we so ng program for both state hospital programs communi will eventually receive these individuals in terms of their the community. CHAIRMAN STI ING: Is versity that is researching the • skills necessary you to treat ts? MR. MANDELLA: ! 1 m aware fie programs with this particular population. CHAIRMAN RLI ng research in that regard? MR. MANOE determine the effectiveness of exi i techniques to treat those individuals who are sex have a severe mental disorder, and that program was establi CHAIRMAN • So the broader array of people that sort of stuff is not being studied by anybody. aware them. ate for you guys work on somethi the world i projects they work on.

MR. of the treatment mechanisms mental di to stand population. what works. that kissing them They also know that want to know use what works because, a shame that we don't § place or we don't know what

program the criminal treatment in data, it 1 re-offense for felonious mental di will be MR. MANDELLA: for the Department of Corrections you didn•t veto the bill. testimony, sir. MR. ions. CHAIRMAN I ions from members of the committee? Alright, rose ssioner, Board of Prison Terms. for asking me to be present s the area of the criteria that are e, MOM statutes, so I won't reiterate that. Perhaps, interested in the numbers from the Board of Prison Terms' a slightly different set of numbers, state of the process. To date, 71 prisoners Prison Terms by a chief psychiatrist at the , eight are just in the initial stages of review. evaluation. Fifty-six of the individuals were special condition of parole has been ordered. s, they were found not to meet the cri reason for the decision was there the evaluating psychiatrist and a statutory mandate that the Board then hire uators rejected the ••••

CHAIRMAN I MS. ME or psychologists with five years of experience. forth in 2978. It•s a list that's developed CHAIRMAN STIRLING: any pattern of whether the correctional folks iders find another way? MS. MELROSE: , if ask is there any pattern; in the six cases, now you 1 re talki six, I m sure that•s a statistically valid sample. six cases in which they actually got to the board and in which there was nonconcurrence, in five those cases the independent evaluators were not unan

Now, the way the a ••••

CHAIRMAN STIRLING: t a The individual evaluators were not unanimous? found no, both maki the

se? ess you have CHAIRMAN the state 1aw in terms of MS. ME . area • CHAIRMAN I so much. Dr. ces, Department of briefly say existence over attempting some rough spots. understanding commitments but Department , a group of prisoners our department 1 i duals in our ions to treat a man that 's what I don't is an issue where you s crazy could have I think we have committed that mu the crime. And committed crimes have distasteful severely, mentally ill CHAIRMAN STI t 't see the public outrage is so significant ic ieves be nuts to have done something like DR. in individuals whot people, disfigured people, , or form have ever had a history or diagnosis the Singleton case in depth, but I of anything that we would look at as

I thi ions and this issue of 11 and who can we really treat so successful with some groups ask. I think we, heal are most successful in treati a severe mental illness, somebody who we waul people would consider crazy. They may se beliefs, believe that they are the the Lord 1 s will or the Devil's 11, delusions, ha 11 uci nations, CHAI the professionals have a narrower view DR. are the folks that we are indi duals that are more the is debatable •••• between mental disorder DR. SHON: ine for you. They were talking about severe are we looking at? The folks that I just described would izophrenic, who would tend to be considered manic ions or severe mania where they're acting iefs and so forth, those • are the folks that we're treat them with medication. There is a this type of behavior. Frequently, drug use ki and so forth.

Now, when we 1 of individuals we're talking about individuals a long term persistent characteristic of an i ivi that usually has its roots very early in childhood and are consi Now usual sorder in themselves, don't usually cause distress 're actions may then have consequences i ks in prisons are character disorders, an antisocial personality or something along is e more clearly, these are individuals who, le would see somebody These may be somebody and have no remorse, no an antisocial type of called a conscience. wrong. That has no meaning. caught. 11 Those are a character disorder, there are types of individuals who and the key to that kind of People a week for years in order to lves, and spend a lot of money a is that they have a tremendous interest wouldn't spend that time and that money. Many of the i ivi character disorders aren 1 t 11ing 's going on with them is particul y have the most difficulty treati that you can treat such as interventions and wi wi 11 ingness to le, or had those people referred me as a condition 11 of parole. Many would , I'm only here because the is of the character disorder. re not interested in back until I had court telling might be very something else.

sane enough that they

DR. SHON s CHAI ions to the Legislature legislation or other mental 11 see the numbers clearly Corrections procedures, the comi

to deal with a person in connection and their dependency deal with those? DR. A lot of our folks use their i 11 ness. I effective drug and al our systems, both while out of our institutions. It's same problems in our institutions, find the most effective programs them, we're still going to

ones in soci , others haven't. They're either al Maybe in robbi it seems to me 1 s potential for violence is schizophrenic. DR. SHON: I would SENATOR is is a gap that we have to • fill. It's more difficult 't ite moved to the same definitions, I guess, illness versus addiction. But it always strikes me, explain to me how people drew up a constitution ding and detaining people who are clearly mental doing is detaining them in a reasonably ••• at least we ter, clothing, and some care, when those same people Constitution were burning them as witches at time. that society created this inability to deal t figured that one out yet. CHAIRMAN , is medication alone ever sufficient ich require medication? DR. SHON: Medication is very effective, most the psychosis, but without a most people wi l1 fall back i and support. ons the improvements? DR. CHAIRMAN You want to work with it a position? of to ensure ified and

CHAIRMAN STIRLING: that my overall impression of the Department of Mental ally on the CMH follow-up in San Diego. 1 of testimony we've gotten here today. I 're not supporti legislation requiri so we know going in who

Okay, I ate it.

Next~ I'd 1 i 11 here? Please come Attorney of Stanislaus that I was with the U.S. in the federal so for about I came next to when he gets out I don't think so. A1 so, oser got to freedom. He s a dangerous man. So he comes ready, we're not ready.

Wi se I have to offer, but I m

,if you

CHAIRMAN him in the mid term rather MR. STAHL: other factors. in the crime arms, was the means no sentence on mayhem He felt bodily injury three-year term there, it mi infliction of a great ancing the use of facts ion of the sentence.

it's probably one of the most more appellate work, probably, 's a very delicate subject. Moss engaged in reachi be fifteen years, four months. he certainly d by the Appellate quite correct in his is man was in prison to some mental evaluation? MR. 1 year, I contacted the warden of the Men's Col concerni his attitude, me, that he had used very i who was the victim, the young t under the circumstances. he ld on that. I asked myself the question, every indication was that in every factor litated in the least. CHAIRMAN I of threats, why was he accumulating good MR. would have to answer. I don't know. I'm sed that he participated in to other inmates during the peri available for these credits. I think the is that I really don't believe that , and I don't think he was of completely were committed. Any look at his more than a character disorder, 1987. I have numerous reporters that Singleton beli to his innocence. ng his period of And yet the trial had day after that. His he 1 s unconscious At another time, he i s in se could that, or five wi he is a very, very bizarre indivi observed not everybody approaches a in that condition. His 9 but it didn't result compl y p.

MR. STAHL: The defense gave very little to a very good investigation on the Contra Costa authorities me about Singleton was another, in absolute si ieve, in a different world I was very much aware pl back videotapes and they would I would carefully , is, I would ask them, "Well, do you came back unanimously saying, 11 that comes very strange to me on a very close case of evi and a soundly thinking was in. He did not. 1 subsequently.

MR. and I know what Senator for the commitment of mental i 11 ness is a ve conclusive factor beyond a , we'll never quite reach that threshold. mental illness is one of crime as has been indicated, should be broadened. I tru is soon to indicate. I thi 11 escape one test or another, so true of so many other people who come the Department of Corrections, e or an,other, but by the end they don't

i a ct MR. STAHL: I am.

CHA 1 1 on year in this regard? some things in them from past, but this. i , and based example, 1 Department of Department

The is was that Larry Singleton come to terms with his own guiding himself. he's off of parole and liam e Fane relapse, 1. I I ve heard the former i se, say that it's pretty some a high risk and some should be given, perhaps intensive care back in November of psychiatric Singleton leave prison and go in I think the gentleman perspective was i mentally to get ir • they've got a better I mi want to get on ••• I might so determined by the Department of Corrections, one of the criteria should be the place that the inmate 1 s completion of parole. battered from pillar to post, and his acement ing much success. And I was thinking in community where he was immediately recogni is no absolute county to which the person r discretion ••• CHAI of venue should be fi MR. STAHL: a Singleton case again if it 1 s Di , • Chairman, as you will reca 11 , in December 1978. That was the same we County. San Diego was probably other things while we were thinki CHAIRMAN ng. Are you satisfied with the local prosecutors and the 1 MR. re very dedicated people. in mind. There frankly are everybody if they don't have the This is the cr1s1s ce , Chairman, and I know you've recognized it. I've heard throughout the afternoon. That somebody is going to pay sooner or 1 the people who always end up paying are the Vincents of the d r arms off, or the victims, and then we go ctim to the rest of society. I couldn't agree on that we know who comes into our system when ng they go out, and if they're shouldn't be cast out just because we have to pay in dollars and cents, price, as you stated, later on when someone , and that will be an immeasurable price. CHAIRMAN may we congratulate ident of the Cali amazing great bodi ~ I teacher in was sane. I think use that nsanity plea, I guess, 're responsible for your actions in Worki ized that these people eman, and maybe Charlie Manson, s an unfortunate in, I'd 1 ike to throw some Number one means they've gone through i re gone into the streets and somebody that 1 s a multi-failure our problem presently, th that? We've got the example of San 130 and the crime rate went down. solution? Do we keep going through you ought to get the first and second young kid via Scared Straight or , and grab these individuals before , before they become assimilated We've wi isn•t enough, to you, but we only twenty-si think we're just final it at level one ki out they don't go into prison, They're locked into the gangs. They're locked into put it pretty much early on, think you've heard this custody. That's ridiculous. in Central Los Angeles. I don't peace officers that work these facili e agents out in the streets, but we aren't

CHAIRMAN I I e are members of CCPOA? MR. NOVIE: CHAIRMAN with the Governor's budget officers coming up this year? MR. NOVIE: It's CHAIRMAN STIRLING: sir, thank so much. I appreciate it. Is there anybody else 'd 11 in regard to this matter. • If not, Mr. McCorquodale, my continui your work in that regard and members that stayed here iate it very much. We're adjourned.

APPENDIX 11 IF lAWRENCE SINGlETON WERE SENTENCED TODAY EXACTLY AS HE WAS IN 1979 •••

CHARGE 1979 1987 ATTEMPTED MURDER 6 years life with the possi­ (mid. term) bility of parole Use of Weapon 1 year 1 year Great Bodily Injury 3 years 3 years

FORCIBLE RAPE 1 year, 4 months 6 years (1/3 mid.term consec. ( fu 11 con sec. ) to attempt murder)

FORCIBLE ORAl COPULATION 1 year 6 years (1/3 mid.term consec.) ( fu 11 con sec. )

FORCIBLE ORAl COPULATION 1 year 6 years (1/3 mid.term consec.) ( fu 11 con sec. )

SODOMY 1 year 6 years (1/3 mid.term consec.) (full consec.) ENHANCEMENT -- KIDNAPPING FOR 0 3 xears THE PURPOSE OF COMMITTING SEX • OFFENSES

TOTALS 14 years, 4 months 31 years plus lifea

a. The life term would commence after Singleton served the determinate sentence (15-1/2 years if worktime credits were granted). Singleton would then be eligible for parole after serving 7 years of his life sentence. Therefore, Singleton would be in prison for a minimum of 22-1/2 years.

-87-

behavior and For any time Section 2931 360

to receive fied in such any of the (I) Mutual the Department of (2) The transfer of institution to another. The

meanor or a duct described as fraction by the (c) One month of this four-month tion, or a reduction based on this person lesser period, shall be based having participation in spc:cn1ea in para­ tiona!, therapeutic or other injury is • Failure to succeed after in addi­ reasonable effort in the be ineligible shall not result in loss worktime credit Failure to in the number of ties can result in a maximum been lost for that of 30 days for each failure to the that the However, those confined for "'-'"'"'""' unit, havior problems shall be tivities commensurate tus. (d) This section shall not person whose crime was after January 1, 1983. operative July l, tive December 1977, ch 165 § operative 1979 ch 319 1234 § Institutions APPENDIX #2 -- con n

The prisoner under the through the !ULII.,;IllUl'. the hear• which shall , .. ..._, ... "'~"' uai independent supervisorial over the institution. (b) For any credit accumulated to Section 29 31, not more than of participation credit may be denied or lost for a single failure or refusal to act of misconduct ..,,..,,...,.,""'>£1 ment of Corrections as a serious infraction if committed while .... ., ... '""'""""' work, other prison activity shall be dee:me:d ure to participate. (c) Any procedure not provided for by this section, but necess.ry to carry out the purposes of this section, shall be those pro­ cedures provided for J,y the Department of Corrections for serious disciplinary infrac­ tions if those procedures are not in conflict with this section. ( l) The Department of Corrections shall, using reasonable to investigate, provide written notice to the prisoner. The written notice shall be given within 15 days after the discovery of information leading to charges that may result in a possible denial of credit, except that if the prisoner has escaped, the notice shall be within 15 days of the prisoner's return to the custody of the Director of Corrections. The written notice shall include the the date, the time, the is charged misbehavior took the Depart­ upon, a written refer the case to dures that will be .. u.uRnt prosecution. ings and the the prisoner, The hearing be rruntH>rt.~n of the disci­ vidual who shall be indlepc~ndent such referral. and shall take place his request for written notice. proceedings {2) The an employee to revocation of request preparation, or pn:se1rnauon the proceeding, the the disciplinary the within 30 the department that: is prose­ erate; or (ii) the the issues or the prisoner's confinement status makes it the district attorney, the -Depart­ unlikely that the can collect and ment Corrections shall not time present the evidence necessary for an ade­ credit where is found not guilty _,..,~,.,.",... is found quate comprehension of the case. (3) The witnesses to in sub- attend the shall be called unless the person the has proceedings or specific reasons to tl\e release of a specific reasons shaH be set have otherwise been and a copy of the document pre- is found not guilty sented to the ..,,.;'"''~ .... ml!>COJnd\lct, the amount of APPENDIX #2 -- continued

time spent incarcerated, in excess of what shall receive no less credit than is the period of incarceration would have been under Section 1931. Under no cir­ absent the alleged shaH be de­ cumstances shaH any prisoner receive more ducted from the prisoner's than six months' credit reduction for any (h) Nothing in the amendments to this six-month period under this section. section made at the 1981-82 Regular Session (b) Worktime credit is a privilege, not a of the Legislature shall affect the granting or right. Worktime credit must be earned and revocation of credits attributable to that may be forfeited pursuant to the provisions portion of the sentence served of Section 2932. Except as provided in sub­ prior to January l, 1983. Amended Stats division of Section 2932, every prisoner 1986 ch 1446 § L Cal Jur 3d Penal and shall have a reasonable opportunity to par­ Correc;tional Institutions §§ 162-165, 179, ticipate in a full-time credit qualifying as­ 184. signment in a manner consistent with insti­ tutional security and available resources. § 2933. [Worktime credit; Receipt; For· (c) Under regulations adopted by the De­ feiture; Regulations] (a) It is the intent of partment of Corrections, which shaH require the Legislature that persons convicted of a period of not more than one year free of crime and sentenced to state prison, under disciplinary infractions, worktime credit Section 1170, serve the entire sentence 1m, which has been previously forfeited may be posed by the court, except for a reduction in restored by the director. The regulations the time served in the custody of the Din~c­ shall provide for separate classifications of tor of Corrections for performance in work, serious disciplinary infractions as they relate training or education programs established to restoration of credits; the time period by the Director of Corrections. W orktime required before forfeited credits or a portion credits shall apply for performance in work thereof may be restored; and the percentage assignments and performance in elementary, of forfeited credits that may be restored for high school, or vocational education pro­ such time periods. For credits forfeited for grams. Enrollment in a two- or four-year commission of a felony specified in para­ college program leading to a degree shall graph (l) of subdivision ·(a) of Section 2932, result in the application of time credits equal the Department of Corrections may provide to that provided in Section 2931. For every that up to 180 days of lost credit shall not six months of full-time performance in a be restored and up to 90 days of credit shall credit qualifying program, as by not be restored for a forfeiture resulting the director, a prisoner shall be awarded from conspiracy or attempts to commit one worktime credit reductions from his term of of those acts; provided that no credits may confinement of six months. A lesser amount be restored if they were forfeited for a of credit based on this ratio shall be serious disciplinary infraction in which the awarded for any lesser period of continuous victim died or was permanently disabled. performance. Less than maximum credit Upon application of the prisoner and follow­ should be awarded pursuant to regulations ing completion of the required time period adopted by the director for prisoners not free of disciplinary offenses, forfeited credits assigned to a full-time credit qualifying pro­ eligible for restoration under the regulations gram. Every prisoner who refuses to accept shall be restored unless, at a hearing, it is a full-time credit qualifying assignment or found that the prisoner refused to accept or who is denied the opportunity to earn work­ failed to perform in a credit qualifying as­ time credits pursuant to subdivision (a) of signment or extraordinary circumstances are Section 2932 shall be awarded no worktime present that require that credits not be re­ credit reduction. Every prisoner who volun­ stored. "Extraordinary circumstances" shall tarily accepts a half-time credit qualifying be defined in the regulations adopted by the assignment in lieu of a full-time assignment director. shall be awarded worktime credit reductions The prisoner may appeal the finding from his term of confinement of three through the Department of Corrections re­ months for each six-month period of contin­ view procedure, which shall include a review ued performance. Except as provided in by an individual independent of the institu­ subdivision (a) of Section 2932, every pris­ tion who has supervisorial authority over the oner willing to participate in a full-time institution. credit qualifying assignment but who is ei­ (d) The provisions of subdivision (c) shall ther not assigned to a full-time assignment also apply in cases of credit forfeitea under or is assigned to a program for less than full Section 2931 for offenses and serious disci­ plinary infractions occurring on or after January 1, 1983. Amended Stats 1986 ch 1446 § 2.

APPENDIX #3

§ 3046. [Person sentenced to life term: Statements and recommendations to be con· sidered by board in considering parole.] No prisoner imprisoned under a life sentence may be paroled until he has served at least seven calendar years. Where two or more life sentences are ordered to run consecu­ tively to each other pursuant to Section 669, no prisoner so imprisoned may be paroled until he has served at least seven calendar years on each of the life sentences which are ordered to run consecutively. The Board of Prison Terms shall, in considering a parole for such prisoner, consider all statements and recommendations which may have been submitted by the judge, district attorney, and sheriff, pursuant to Section 1203.01, or in response to notices given under Section 3042, and recommendations of other persons interested in the granting or denying of such parole. The board shall enter on its order granting or parole to such prisoners, the fact that statements and recommen- dations have been considered by it. [1941 ch 106 § 15; 1955 ch 1484 § 1; 1957 ch 2256 §60; 1967 ch 138 §7; 1977 ch 165 §51, effective June 29, 1977, operative July 1, 1977; 1978 ch 579 § 32; 1979 ch 255 § 23.] Cal Jur 3d Penal and Correctional Institu­ tions §§ 173, 1 178; Witkin Crimes pp 1029, 1030.

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SEC. 2. 2933. crime and sentence i the custody education credits elementary two- or application six months designated reductions

continuous regulations credit i credit i credits worktime credit worktime it each six-month sentenced a violent qualifying assignment j_~~.... worktime credit reductions for each six-month period ~.-~~~~ subdivision (a) of Section ~~~~~~ full-time credit qual Hying assi • assignment or is ass no less credit than is shall any prisoner rece six-month period under prisoner sentenced part-time credit ..;;a..;;..;;;;_;_:."-"'-~ L--~..;;.;_ (b) Worktime it must be earned and may be 2932. Except as provided in 1 have a reasonable assignment lable resources. APPENDIX 4 --

, ich shall infractions, by the ons of credits; the may be restored for such ified in Corrections and up to from no credits infraction in the required time e for a ng, it is in a credit require defined

SEC. 3. 2933.1. person who commi itutes a serious threat people of

Ca1ifornia 9 and, portion of his or her sentence (b) Notwi a sentence in state prison which i udes to Section 667.8, 667.85. 667.9, 667. .8, or 12022.9 , shall be ineligi e has served a period of time in imprisonment attributable This section after January 1, 1988. 1

pur­ estab­ provide vocational, confined Jur 3d Penal 19.

Correctional Crimes p 869.

§ 2043.1. [Purpose] The of the state prison lished by Section 2043 shall custody and care, and and other training to confined therein. [1977 ch 909 § Jur Jd Penal and Correctional § 19.

§ 2045.1. [Type and of Authority of Director to change.] The prison authorized to be estab­ lished by Section 2045 of this code shall be a medium security type institution. Its purpose shall be to industrial, vocational, and other persons confined therein. rector of Corrections may a por- tion or all of such to serve the same purposes and to the standards as the institution nrrwu'"'" Article 4 (commencing at Chapter l, Title 1, Part 3 of ch 75 § · 1959 936 Penal Witkin APPENDIX #5 -- continued

working con­ one-fifth. Salaries of such teachers for the as much like purposes of this section shall not exceed the in private industry as salaries as set by the governing board for prisoners employed teachers in other classes for adults main­ to work produc­ tained by the district, or private schools. to acquire or Attendance or average daily attendance in habits and occupa- classes established pursuant to this section tional . or in classes in trade and industrial educa­ (c) To operate a work program for pns- tion or vocational training for adult inmates oners which will ultimately be self-support· of institutions or facilities under the jurisdic­ ing generating funds from the tion of the Department of Corrections shall sale and services to pay all the not be reported to the State Department of eJH:x::nsl:li of the program, and one which w~ll Education for apportionment and no appor­ -?r"""'a goods and which are or. wdl tionment from the State School Fund shall used by the Department o~ Correcti<;ms, be made on account of average daily atten­ thereby reducing the cost of tts operat1on. dance in such classes. [1982 ch 1549 § 28.] No school district or private s~hool shall provide for the academic education of adult inmates of state institutions or facilities un­ rr.~fl .... a"'~" for reentry work pro· der the jurisdiction of the Department of the extent that public .and Corrections except in accordance with this and profit corpora~10~s section beds and the cntena The Legislature hereby declares that for ,.,,.;.._ .. ,..., ... in this chapter, th~ of each fiscal year funds for the support of the shall contract w1th to pro· work furlough programs for all academic education program for inmates of to scheduled release the .institutions or facilities under the juris­ diction of the Department of Corrections .. "''li."J...... under the provi- shall be provided, upon appropriation by the Legislature, to the Department of Correc­ tions at the rate of forty dollars ($40) multi­ plied by the total number of inmates which the Department of Corrections estimates will be in such institutions or facilities on De­ cember 31st of the fiscal provided in Section 2054.1. 955 ch § 4; 1957 ch 2245 ch 1436 § 2, operative July 1, 1976 ch 303 § 1, effective June 1, 1976.] Witkin Crimes p 871.

§ 2800. [Creation of Prison Au· tbority] There is the Prison Industry Authority. As used in this article "authority" means the Prison Indus­ try Authority. [1982 ch 1549 §

ru,.,..,.,.,..,., of inmate for considera· of Corrections shall inmate for work furlough con­ § 2801. [Purposes] The purposes of the at least 120 days prior to his or authority are: date. [ 1980 ch 596 § 1.] (a) To develop and industrial, agricultural, and service enterprises employ­ i~g .Prisoners in institutions under the juris­ dtctwn of the Department of Corrections, which enterprises may be located either within those institutions or an as may be determined the APPENDIX #5 -- continued

Assembly Bill No. 1400

CHAPTER 1

An act relating to prisons.

[Approved by Governor January 91>, 1982. Filed with Secretary of State January 91>, 1982.]

LEGISLATIVE COUNSEL'S DIGEST AB 1403, Baker. Prisons. Existing law provides for the employment of prisoners in state prisons as part of the prison work program. This bill would require the Department of Corrections to direct the employment of prisoners to activities which will achieve full inmate work programs and make the state prisons more self-sufficient, as specified. It would require the Director of Corrections to report to the Legislature by January 1, 1983, concerning the progress that has been made toward these goals. The people of the State of California do enact as follows:

SECfiON 1. It is the intent of the Legislature that all able-bodied prisoners in the state prisons be directed to work, inasmuch as the performance of productive work on a regular basis is the most appropriate method of successfully instilling in prisoners the values of a law-abiding and cooperative society and will improve the possibility of their reintegration into that society. The Legislature declares that the Department of Corrections, as one of the chief goals of the operation of the state prison system, shall seek to achieve self-sufficiency of the prison system through the development of prisoner labor and skills to provide the necessities of the prisons, to teach marketable skills, good work habits, and goal orientation to prisoners, and to reduce the amount by which the prisons must be supported by taxes and thus also benefit the public • at large. The Director of Corrections shall by January 1, 1983, report to the Legislature on the progress that has been made toward achieving full inmate work programs and the self-sufficiency of the state prisons and in the report shall delineate proposals for improved self-sufficiency of the state prisons for the following three years.

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APPENDIX #6 AB 133 {BATES) AB 632 {STIRLING) and SB 117 (LOCKYER) (in pertinent part)

AB 133 (Bates)

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

SECTION 1. The Legislature hereby finds and declares that prisoners released on parole into society should be better prepared to find employment and to lead productive and law-abiding lives. It is the intent of the Legislature in enacting this act to review an array of options that, when implemented, effective July 1, 1988, will provide inmates basic training in skills needed for successful reentry into society. SEC. 2. Section 3004 is added to the Penal Code, to read: 3004. Effective July 1, 1988, each inmate, prior to release on parole pursuant to the requirements of this chapter, shall receive basic training in the skills needed for successful reintegration into society. SEC. 3. Section 5060 of the Penal Code is amended to read: 5060. +Re Effective~ lL 1988, the Director of Corrections may shall assist persons discharged, paroled, or otherwise released from confinement in an institution of the department aRe may in order to secure employment feF tRem , and for SijeR these---purposes he or she may employ necessary officers and employees, may purchase tools, and-give any other assistance that, in his or her judgment, he or she deems proper for the purpose of carrying out the objects and sp1ri~of this section. Repayment of cash assistance received under this section from the current, or any prior appropriation, shall be credited to the appropriation current at the time of SijeR the repayment. --- SEc:-4. (a) On or before April 13, 1988, the Department of Corrections shall submit to the Legislature a report on options for expanding prerelease and postrelease programs for inmates. (b) The report shall discuss several alternatives for prerelease and postrelease programs designed to better prepare inmates for their release into society, to protect the public, and to reduce recidivism. (c) The report shall include a discussion of goals and objectives and a range of estimated funding needs for selected options. These options shall include, but not be limited to: expanded prerelease programming at each correctional institution, establishment of an official liaison with the Employment Development Department, parolee job banks, linkages with private and public resources and agencies, and small loan programs.

I

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APPENDIX #6 --

THE PEOPLE

•

1 of estaeHsl:! aRe before~ .h prisoners who ~:....::..;:;.~...::- based upon it would .:;::-::...:::...::..:;:.involved

• THE PEOPLE

SECTION 1. read: 2933. (a) It is convicted of a crime and sentenced serve the entire sentence imposed in time served in the custody of the Di in work, training or education programs ions. Worktime credits shall performance in elementary, hi or in providing tutorial assi a licensed .-...... __.--=-.;.._-~ment in a two- or instructor ~...;_;;;..:::..;;_,;;..;;;.;;_,;.;;;;_ ~;..;.._;:_;...;;;..;;;. APPENDIX #6 -- continued four-year college program 1 ng a degree 1 result in the application of time credits equal to that provided in Section • For every six months of full-time performance in a credit qualifying program, as designated by the director, a prisoner shall be awarded worktime credit reductions from his or her term of confinement of six months. A lesser amount of credit based on this ratio shall be awarded for any lesser period of continuous performance. Less than maximum credit should be awarded pursuant to regulations adopted by the director for prisoners not assigned to a full-time credit qualifying program. Every prisoner who refuses to accept a full-time credit qualifying assignment or who is denied the opportunity to earn worktime credits pursuant to subdivision (a) of Section 2932 shall be awarded no worktime credit reduction. Every prisoner who voluntarily accepts a half-time credit qualifying assignment in lieu of a full-time assignment shall be awarded worktime credit reductions from his or her term of confinement of three months for each six-month period of continued performance. Except as provided in subdivision (a) of Section 2932, every prisoner willing to participate in a full-time credit qualifying assignment but who is either not assigned to a full-time assignment or is assigned to a program for less than full time, shall receive no less credit than is provided under Section 2931. Under no circumstances shall any prisoner receive more than six ' credit reduction for any six-month period under this section. § 3000. and The Legislature finds period immediately critical to successful offender into and to ship. It is in the interest of the state to for and surveiilance of educational, vo;::attOiltal. counseling necessary to assist transition between charge. A sentence or 1170 shall unless waived, as "'"''v"1"11 Notwithstanding any trary in Article 3 , ,_,nu'""·""u'"" 3040) of this (a) At the "v"'''"'"1tinn of a onment of one year and one of imprisonment tion 1170, or at the "'"''''"''tirm as reduced applicable, parole for a years, unless waives parole and from custody of the intent of this section to (b) In the case of uu:mu1::.u resources allocated to the under Section 1 n,.n.,rt""""'t of Corrections for parole func- shall not exceed five years the case inmate for any offense of Corrections shall first or second murder for which the inmate at least 30 days prior inmate has a life sentence, shall release unless such not exceed three years in the case of within 30 days of July 1, other inmate, unless in either case the shall under guidelines for good cause waives parole and the of Prison Terms, the the inmate from custody of the •utuu1:1' of and the length of parole This subdivision shall be also to the period of time provided inmates who committed crimes law. The inmate has the right to recon- 1, 1977, to the extent of the length of parole and condi- 1170.2. tions thereof the Board of Prison Terms. (c) The board shall consider ch 1139 278, operative July 1, 1977; of any inmate regarding the ch 2 5, effective December 16, 1976, parole and the conditions thereof. 1, 1977, ch 165 § 42, effective (d) Upon successful ... v,"u'""~"' July 1, 1977; 1978 or at the end of the ch 255 § l7; 1981 ch 1111 period of parole 1406 § Cal J ur 3d Penal and APPENDIX #7 -- continued

Correctional Institutions §§ 1 184, on parole. The board shall make a written 194. record of its determination and transmit a § 3000.1. [Life parole for first or second copy thereof to the parolee. degree murder offense; Discharge; Revoca­ (b) Notwithstanding any other provision tion] (a) In the case of any inmate sentenced of law, when any person referred to in under Section 1168 for any offense of first or subdivision (b) of Section 3000 has been second degree murder with a maximum term released on parole from the state prison, and of life imprisonment, the period of parole, if has been on parole continuously for three parole is granted, shall be the remainder of years since release from confinement, the the inmate's life. board shall, within 30 days, discharge such (b) Notwithstanding any other provision person from parole, unless the board, for of law, when any person referred to in good cause, determines that such person will subdivision (a) has been released on parole be retained on parole. The board shall make from the state prison, and has been on a written record of its determination and parole continuously for seven years in the transmit a copy thereof to the parolee. case of any person imprisoned for first de­ {c) In the event of a retention on parole, gree murder, and five years in the case of _the parolee shall be entitled to a review by any person imprisoned for second degree the board each year thereafter until the murder, since release from confinement, the maximum statutory period of parole has board shall, within 30 days, discharge §uch expired. [1978 ch 582 § 2.] Cal Jur 3d Penal person from parole, unless the board, for and Correctional Institutions §§ 175, 186. good cause, determines that such person will be retained on parole. The board shall make a written record of its determination and transmit a copy thereof to the parolee. (c) In the event of a retention on parole, the parolee shall be entitled to a review by the board each year thereafter. (d) There shall be a hearing as provided in Sections 3041.5 and 3041.7 within 12 months of the date of any revocation of parole to consider the release of the inmate on parole, and notwithstanding the provi­ sions of paragraph (2) of subdivision (b) of Section 3041.5, there shall be annual parole consideration hearings thereafter, unless the person is released or otherwise for parole release. The shall release the person one of the date of the revocation unless it that the circumstances and parole violation are such that '-V'"'"'-'"1 of the public safety a more period of incarceration or unless there a new prison commitment following a convic­ tion. (e) The provisions of Section 3042 shall not apply to any hearing held pursuant to this section. [1982 ch 1406 § 3.] § 3001. [Discharge from parole.] Notwithstanding any other provision of law, when any person referred to in subdivision (a) of Section 3000 has been released on parole from the state prison, and has been on parole for one year since release from confinement, the board shall, within 30 discharge such person from parole, unless the board, for cause, determines that such person retained APPENDIX #7 -- continued

§ 3040. [Authority to grant.] The Board the full Board of Prison Terms in favor of of Prison Terms shaH have the power to parole is required to grant parole to any allow prisoners imprisoned in the state pris­ prisoner. ons pursuant to subdivision (b) of Section (b) The panel or board shall set a release 1168 to go upon parole outside the date unless it determines that the gravity of walls and enclosures. The board may parole the current convicted offense or offenses, or prisoners in the state prisons to camps for the timing and gravity of current or past paroled prisoners established under Section convicted offense or offenses, is such that 2792. [1941 ch 106 § 15; 1941 ch 363 § 2; consideration of the public safety requires a 1957 ch 2256 §57; 1977 ch 165 § 44, effec­ more lengthy period of incarceration for this tive June 29, 1977, operative July 1, 1977; individual, and that a parole date, therefore, 1979 ch 255 § 18.] Cal Jur 3d Penal and cannot be fixed at this meeting. Correctional Institutions §§ 174, 175, 184; (c) For the purpose of reviewing the suit­ Witkin Crimes pp 1026, 1027. ability for parole of those prisoners eligible § 3041. [Time when determhmt~n may for parole under prior law at a date earlier be made: Setting of release dates.] (a) In the than that calculated under Section 1170.2, case of any prisoner sentenced pursuant to the board shall appoint panels of at least two any provision of law, other than Chapter 4.5 persons to meet annually with each such (commencing with Section 1170) of Title 7 prisoner until such time as the person is of Part 2, the Board of Prison Terms shall released pursuant to such proceedings or meet with each such inmate during the third reaches the expiration of his term as calcu­ year of incarceration for the purposes of hi.ted under Section 1170.2. Amended Stats reviewing the inmate's file, making recom­ 1986 ch 1446 § 3. mendations, and documenting activities and conduct pertinent to granting or withholding post-conviction credit. One year prior to the § 3053. [Conditions on parole.] The inmate's minimum eligible parole release Board of Prison Terms upon grantmg any date a panel consisting of at least two com­ parole to any prisoner may also impose on missioners of the Board of Prison Terms the parole such conditions as it may deem shall again meet with the inmate and shall proper. [1941 ch 196 § 15; 3d Ex Sess 1944 normally set a parole release date as pro­ ch 2 § 41; 1977 ch 165 §54, effective June vided in Section 3041.5. The release date 29, 1977, operative July 1, 1977; 1979 ch shall be set in a manner that will provide 255 § 24.] Cal Jur 3d Penal and Correctional uniform terms for offenses of similar gravity Institutions § 185; Witkin Crimes p 1030. and magnitude in respect to their threat to the public, and that will comply with the sentencing rules that the Judicial Council may issue and any sentencing information relevant to the setting of parole release dates. The board shall establish criteria for the setting of parole release dates and in doing so shall consider the number of vic­ tims of the crime for which the prisoner was sentenced and other factors in mitigation or aggravation of the crime. At least one com­ missioner of the panel shall have been pres­ ent at the last preceding meeting, unless it is not feasible to do so or where the last preceding meeting was the initial meeting. Any person on the hearing panel may re­ quest review of any decision regarding pa­ role to the full board for an en bane hearing. In case of such a review, a majority vote of

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APPENDIX #8 SECTIONS 3003 and 3058.5

§ 3003. [Return to from which § 3058.5. [Providing local authorities parolee was committed or to another with information concerning persons on pa·' Considerations] (a) An inmate who is re­ role] The Department of Corrections shall. leased on parole shall be returned to the provide within lO days, upon request~ to the county from which he or she was commit­ chief of police of a city or the shenff of a ted. county, information available to the depart­ (b) Notwithstanding subdivision an ment, including actual, gloss~ photo~a~hs, inmate may be returned to another county no smaller than 3118 x 3118 mches m siZe, in a case where that would be in the best and, in conjunction with th~ Department of interests of the public and of the If Justice, fingerprints, concemmg pers?~s then the authority setting the conditions of parole on parole who ~~e o~ may ~ res1dmg or decides on a return to another county, it temporarily domtctled m that c1ty or county. shall place its reasons in writing in the Amended Stats 1986 ch 600 § 1. parolee's permanent record. In making its decision, the authority may consider, among others, the following factors: (I) The need to protect the life or safety of a victim, the parolee, a witness or any other person. (2) Public concern that would reduce the chance that the inmate's parole would be successfully completed. (3) The verified existence of a work offer, or an educational or vocational training program. (4) The last legal residence of the inmate having been in another county. (5) The existence of family in another county with whom the inmate has main­ tained strong ties and whose support would increase the chance that the inmate's parole would be successfully completed. (6) The lack of necessary outpatient treat­ ment programs for parolees receiving treat­ ment pursuant to Section 2960. (c) An inmate may be paroled to another state pursuant to any other provision of law. Amended Stats 1985 ch 1419 § 2, operative July 1, 1986.

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APPENDIX #9 Felon Parole Population County of Parole by County of Commitmenta Indicating Same or Different As of May 31, 1987 Parolees Committed By: Same Different County County County of Parole Number Percent Number Percent Totals Alameda 1,493 74.46 512 25.54 2,005 Amador 4 66.67 2 33.33 6 Butte 87 54.38 73 45.63 160 Calaveras 6 85.71 1 14.29 7 Contra Costa 407 62.81 241 37.19 648 Colusa 7 87.50 1 12.50 8 Del Norte 8 72.73 3 27.27 11 El Dorado 22 64.71 12 35.29 34 • Fresno 783 79.25 205 20.75 988 Glenn 3 100.00 0 0.00 3 Humboldt 66 70.97 27 29.03 93 Imperial 59 83.10 12 16.90 71 Inyo 0 0.00 1 100.00 1 Kern 971 91.69 88 8.31 1,059 Kings 49 79.03 13 20.97 62 Los Angeles 12.320 91. 52 1,142 8.43 13,462 Lake 19 55.88 15 44.12 34 Lassen 8 88.89 1 11.11 9 Madera 93 85.32 16 14.68 109 Marin 26 60.47 17 39.53 43 Mendocino 28 84.85 5 15.15 33 Merced 98 60.87 63 39.13 161 Modoc 6 33.33 12 66.67 18 Monterey 338 75.62 109 24.38 447 Mariposa 0 0.00 1 100.00 1 Napa 27 72.97 10 27.03 37 Nevada 8 66.67 4 33.33 12 Orange 1,034 75.92 328 24.08 1,362 Placer 19 38.78 30 61.22 49 Plumas 3 100.00 0 0.00 3 Riverside 547 64.96 295 35.04 842 Sacramento 870 73.92 307 26.08 1,177 Santa Barbara 75 36.23 132 63.77 207 San Bernardino 769 54.12 652 45.88 1,421 San Benito 4 40.00 6 60.00 10 Santa Clara 1,691 91.60 155 8.40 1,846 Santa Cruz 91 73.39 33 26.61 124 San Diego 1,690 86.62 261 13.38 1,951 I San Francisco 1,290 85.43 220 14.57 1,510 Shasta 110 41.04 158 58.96 268 Sierra 0 0.00 1 100.00 1 Siskiyou 10 83.33 2 16.67 12 San Joaquin 328 65.47 173 34.53 501 San Luis Obispo 56 24.14 176 75.86 232 San Mateo 300 67.87 142 32.13 442 Solano 154 71.96 60 28.04 214 Sonoma 132 39.88 199 60.12 331 Stanislaus 303 68.71 138 31.29 441 Sutter 14 73.68 5 26.32 19 Tehama 19 95.00 1 5.00 20 Trinity 1 33.33 2 66.67 3 Tulare 207 62.35 125 37.65 332 Tuolumne 1 25.00 3 75.00 4 Ventura 340 57.63 250 42.37 590 Yolo 41 80.39 10 19.61 51 Yuba 55 91.67 5 8.33 60 Missing 0 0.00 __2 100.00 2 Total 27,090 6,457 33,547 a. The county of parole is the county where the parolee resides. It may not be the county where the inmate was originally paroled. -104-

THE PEOPLE OF .

~~G:nQN l..­ SECTION 1. 3003. (a) An returned to the county from wh i For purposes committed' means occurred. (b) Notwithstandi to another county in a case where the public and of the parolee. e ides on a return to another in the parolee's permanent ty may consider, among others, (1) The need ee, a witness or any (2) Public concern inmate's parole would be successful (3) The ional or vocational training program. (4) The last 1 in another county. (5) The existence whom the inmate has maintained strong ties chance that the inmate's parole would be (6) The lack of for parolees receiving treatment (c) An inmate may to any other • provision of law.

as) SECTION 1. Section 3003 is amended to read: 3003. (a) An inmate who is e shall be returned to the county from which he or she was (b) Notwithstanding subdi on be returned to another county in a case where that would interests of the public and of the para 1ee. If the .;;;.,B..;;;..oa.;..;..r.....;d;;...... _;;_o_f__,_..~s-'-on__,...;;;.,-,--"""--:.--'....;....;...-r.n-+-....;.t..,..he"-.:::-'c'-'o..:,.;n..,.d_it'-i_,o"7'n=s=-·o ...... f_...... -:-a::-ro.;_l_.;..e for inmates sentenced pursuant b Section 1168 or the Department of Corrections setting parole for-rnmates--- APPENDIX 10 -- continued sentenced another county, it shall place~~~ ee record. In making its deci , among others, the following factors: {1) The need to protect the life or safety of a victim, the parolee, a witness or any other person. (2) Public concern that would reduce the chance that inmate's parole would be successfully completed. (3) The verified existence of a work offer, or an educational or vocational training program. (4) The last legal residence of the inmate having been in another county. {5) The existence of family in another county with whom the inmate has maintained strong ties and whose support would increase the chance that the inmate's parole would be successfully completed. (6) The lack of necessary outpatient treatment programs for parolees receiving treatment pursuant to Section 2960. (c) An inmate may be paroled to another state pursuant to any other provision of law. SEC. 2. Section 3058.6 is added to the Penal Code, to read: 3058.6. (a) Whenever any person confined to state prison is to be paroled, the Board of Prison Terms , with respect to inmates sentenced pursuant to subdivision (b) of Section 1168 or the Department of Corrections, with respect to inmates sentenced pursuant to Section 1170, shall notify the sheriff or chief of police, or both, having jurisdiction over the community in which the person is scheduled to be released. Except as provided in subdivision {b), the notification shall be made at least 30 days prior scheduled release date and, in all cases, shall include the name of the person who is scheduled to be released, the terms of release, and the community in which the person will reside. (b) When an inmate is schedul be released pursuant to subdivision (b) of Section 3003 to a county other than the county from which he or she was committed, the board or shall provide written notice of that release to the sheriff or ef, or both, having jurisdiction over the community in which the i is led to be released. The notification shall be made at least 90 days or to the scheduled release date and, in all cases, shall include name the person who is scheduled to be released, the terms of release, and the community in which the person will reside. The law enfor·cement agency receiving the notice referred to in this subdivision shall have 30 days from receipt of the notice to provide written comment to the board or department regarding the impending release. Those comments shall be considered by the board or department which may, based on those comments, modify its decision regarding the community in which the person is scheduled to be released. APPENDIX #11

insane: opinion of the OirN~tor in self-defense, or rehabilitation of any has made a serious threat of deficient, or insane ninJ<:ir•uu,av•J fear for his or her safety tion of the State of his or her immediate family, Health or the State has caused prop- mental the or he or she not volunta- with the approval of the the treatment plan. In deter­ Terms for sentenced has voluntarily followed subdivision of Section II the standard shall be that fact to director of has acted as a reasonable department who shall evaluate person in following the treatment to determine if he would benefit plan. and treatment in The severe mental disorder was one of director of the causes or was an aggravating factor in determines, the suJoer,rnren.neru the commission of a crime for which the tal shall receive ~..,~,..,,,,. was sentenced to until in the opinion of the The has such person has been treated to such an the severe mental disorder for 90 days or extent that he will not benefit from further more within the year prior to the prisoner's care and treatment in the or release. [1941 ch 106 § 1 1953 ch Prior to release on the person ch 483 §I; 1977 165 § of the prisoner and a 29, 1977, operative 1, or psychologist from 429 § 160, effective 7, of Mental Health have July l, 1978; 1979 ch § at a facility of the r" ...."""';,..,,..., and a chief psy­ § 2962. [Treatment as condition of pa· of the Department of Corrections role; Criteria] As a condition has certified to the Board of Prison Terms prisoner who meets the that the has a severe mental disor- shall be required to be treated der, that disorder is not in remission, or Department of Mental Health, the State cannot be in remission without treat- Department of Mental Health shall ment, and the severe mental disorder the necessary treatment: was one of the causes or was an aggravating (a) The prisoner has a severe mental dis­ factor in the prisoner's criminal behavior. order that is not in remission or cannot be For prisoners being treated by the State kept in remission without treatment. The Department of Mental Health pursuant to • term "severe mental means an Section 2684, the certification shall be by a illness or disease or condition that substan­ chief of the Department of Cor­ tially impairs the rec:tw,ns. and the evaluation shall be done at tion of reality, or a state by the person at the state ment; or which grossly hospital in charge of treating the prisoner that demonstrates evidence of an acute and a psychiatrist or psychologist syndrome for which prompt remission in the from Department of Corrections. absence of treatment is unlikely. The term If the professionals doing the evaluation "severe mental disorder" as used in this do not concur that ( 1) the prisoner has a section does not include a or severe mental disorder, or (2) that the disor­ adj~stment disorder, epilepsy, mental retar- der is not in remission or cannot be kept in dation or other developmental or remission without treatment, or (3) that the addiction to or abuse of sub- severe mental disorder was a cause of, or stances. The term "remission" means a find­ aggravated the criminal behavior, ing that the overt signs and symptoms of the and a chief has certified the severe mental disorder are controlled either ...... ;c,..,,,,.,. to the of Prison Terms pur- by psychotropic or suant to this paragraph, then the Board of support. A person be Prison Terms shall order a further examina­ sion without treatment" if the year professionals, as prior to the question before the 2978. Only if both of Prison Terms or a he or she pnJte>sl

provisions of this subdivision be applicable to the prisoner. (e) The crime referred to in subdivision (b) was a ?rime in w~ich the prisoner used fo~ce or vwlence, or caused serious bodily t~Jury as defined in paragraph (5) of subdivi­ SIOn (e) of Section 243. Added Stats 1986 ch 858 § 2.

§ 3000. Legislative intent It is the intent of the Legislature that persons addicted to narcotics, or who by reason of repeated use of narcotics are in imminent danger of becoming addicted, shall be treated for such condition and its underlying causes, and that such treatment shall be carried out for nonpunitive purposes not only for the protection of the addict, or person in imminent danger of addiction, against himself, but also for the prevention of contamination of others and the protection of the public. Persons committed to the program provided for in this chapter who are uncooper­ ative with efforts to treat them or are otherwise unresponsive to treat­ ment nevertheless should be kept in the program for purposes of control. It is the further intent of the Legislature that persons committed to this program who show signs of progress after an initial or subsequent periods of treatment and observation be given reasonable opportunities to demonstrate ability to abstain from the use of narcotics under close supervision in outpatient status outside of the rehabilitation center provided for in Chapter 2 (commencing with Section 3300) of this divi­ sion. Determinations of progress persons committed to the program should be based upon criteria to be established by the Director of Corrections with the advice of clinically trained and experienced person­ nel. The enactment preceding provisions of this section shall not be construed to be evidence that the intent of the was otherwise before such enactment. (Added by Stats.1965, c. p. 3062, §

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§ 5150. Dangerous or gravely disabled person; taking into custody; application; basis of probable cause; liability When any person, as a result of mental disorder, is a danger to others, or to himself or herself, or gravely disabled, a peace officer, member of the attending staff, as defined by regulation, of an evaluation facility designated by the county, designated- members of a mobile crisis team provided by Section 5651.7, or other professional person designated by the county may, upon probable cause, take, or cause to be taken, the person into custody and place him or her in a facility designated by the county and approved by the State Department of Mental Health as a facility for 72-hour treatment and evaluation. Such facility shall require an application in writing stating the circum­ stances under which the person's condition was called to the attention of the officer, member of the attending staff, or professional person, and stating that the officer, member of the attending staff, or professional person has probable cause to believe that the person is, as a result of mental disorder, a danger to others, or to himself or herself, or gravely disabled. If the probable cause is based on the statement of a person other than the officer, member of the attending staff, or professional person, such person shall be liable in a civil action for intentionally giving a statement which he or she knows to be false. (Added by Stats.1967, c. 1667, p. 4074, § 36, operative July 1, 1969. Amended by Stats.1968, c. 1374, p. 2643, § 16, operative July 1, 1969; Stats.l970, c. 516, p. 1005, § 7; Stats.l971, c. 1593, p. 3337, § 368, operative July 1, 1973; Stats.1975, c. 960, p. 2243, § 2; Stats.1977, c. 1252, p. 4567, § 554, operative July l, 1978; Stats.l980, c. 968, p. 3064, § 1.)

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APPENDIX #12 AB 965 (STIRLING) (in pertinent part)

THE PEOPLE OF THE STATE OF CALIFORNIA 00 ENACT AS FOLLOWS: SECTION 1. Section 2960.5 is added to the Penal Code, to read: 2960.5. (a) The Department of Corrections shall provide for a complete psychosocial assessment of each prisoner received at the California Institution for Men and at the California Medical Facility who used force or violence, or caused serious bodily injury, as defined in paragraph (5) of subdivision (e) of Section 243, in the commission of a new crime for which he or she was committed under Section 1170. The assessment shall include, but not be limited to, a compilation of each prisoner's documented prior history of mental disorder for at least the previous five years, and a personal interview with a licensed mental health professional who has reviewed the prisoner's mental health history and test results, if any. (b) The department shall obtain for each prisoner's file a copy of the court-ordered psychiatric evaluation prepared for purposes of trial, a copy of the discharge summary prepared by a private hospital or institution treating the prisoner for a mental disorder upon consent of the prisoner, and for prisoners returned to court by Atascadero State Hospital as competent to stand trial, a copy of the psychiatric report prepared by the hospital. The department shall transmit these records to the mental health professionals for use in performing assessments, evaluations, and treatment under this chapter. (c) When the mental health professional performing the assessment pursuant to subdivision (a) determines that the prisoner may suffer from a severe mental disorder, the prisoner shall be referred to a psychiatrist for further evaluation. This referral shall be documented in the prisoner's record. If the evaluating psychiatrist determines that the prisoner's severe mental disorder would be expected to benefit from treatment, the prisoner shall be referred for treatment in the most appropriate secure state treatment setting. SEC. 2. Section 2961 is added to the Penal Code, to read: 2961. The Department of Corrections may contract with the State Department • of Mental Health to provide the assessments, evaluations, or treatment described in Section 2960.5; however, the Department of Corrections shall contract with the State Department of Mental Health for acute treatment.

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