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READEME.md

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----
-language: en
-datasets: billsum
-tags:
-- summarization
-widget:
-- text: 'The people of the State of California do enact as follows: SECTIONHEADER
-    Section 1170.02 is added to the Penal Code, to read: 1170.02. A prisoner is not
-    eligible for resentence or recall pursuant to subdivision (e) of Section 1170
-    if he or she was convicted of first-degree murder if the victim was a peace officer,
-    as defined in Section 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35,
-    830.36, 830.37, 830.4, 830.5, 830.6, 830.10, 830.11, or 830.12, who was killed
-    while engaged in the performance of his or her duties, and the individual knew,
-    or reasonably should have known, that the victim was a peace officer engaged in
-    the performance of his or her duties, or the victim was a peace officer or a former
-    peace officer under any of the above-enumerated sections, and was intentionally
-    killed in retaliation for the performance of his or her official duties. SECTIONHEADER
-    Section 3550 of the Penal Code is amended to read: 3550. Notwithstanding any other
-    law, except as provided in subdivision (b), if the head physician of an institution
-    in which a prisoner is incarcerated determines, as provided in this section, that
-    the prisoner is permanently medically incapacitated with a medical condition that
-    renders him or her permanently unable to perform activities of basic daily living,
-    and results in the prisoner requiring 24-hour care, and that incapacitation did
-    not exist at the time of sentencing, the prisoner shall be granted medical parole
-    if the Board of Parole Hearings determines that the conditions under which he
-    or she would be released would not reasonably pose a threat to public safety.
-    This section does not alter or diminish the rights conferred under the Victims
-    Bill of Rights Act of 2008 . Subdivision (a) does not apply to any of the following:
-    A prisoner sentenced to death or life in prison without possibility of parole.
-    A prisoner who is serving a sentence for which parole, pursuant to subdivision
-    (a), is prohibited by any initiative statute. A prisoner who was convicted of
-    first-degree murder if the victim was a peace officer, as defined in Section 830.1,
-    830.2, 830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37, 830.4, 830.5,
-    830.6, 830.10, 830.11, or 830.12, who was killed while engaged in the performance
-    of his or her duties, and the individual knew, or reasonably should have known,
-    that the victim was a peace officer engaged in the performance of his or her duties,
-    or the victim was a peace officer or a former peace officer under any of the above-enumerated
-    sections, and was intentionally killed in retaliation for the performance of his
-    or her official duties. When a physician employed by the Department of Corrections
-    and Rehabilitation who is the primary care provider for a prisoner identifies
-    a prisoner that he or she believes meets the medical criteria for medical parole
-    specified in subdivision (a), the primary care physician shall recommend to the
-    head physician of the institution where the prisoner is located that the prisoner
-    be referred to the Board of Parole Hearings for consideration for medical parole.
-    Within 30 days of receiving that recommendation, if the head physician of the
-    institution concurs in the recommendation of the primary care physician, he or
-    she shall refer the matter to the Board of Parole Hearings using a standardized
-    form and format developed by the department, and if the head physician of the
-    institution does not concur in the recommendation, he or she shall provide the
-    primary care physician with a written explanation of the reasons for denying the
-    referral. Notwithstanding any other provisions of this section, the prisoner or
-    his or her family member or designee may independently request consideration for
-    medical parole by contacting the head physician at the prison or the department.
-    Within 30 days of receiving the request, the head physician of the institution
-    shall, in consultation with the prisoners primary care physician, make a determination
-    regarding whether the prisoner meets the criteria for medical parole as specified
-    in subdivision (a) and, if the head physician of the institution determines that
-    the prisoner satisfies the criteria set forth in subdivision (a), he or she shall
-    refer the matter to the Board of Parole Hearings using a standardized form and
-    format developed by the department. If the head physician of the institution does
-    not concur in the recommendation, he or she shall provide the prisoner or his
-    or her family member or designee with a written explanation of the reasons for
-    denying the application. The Department of Corrections and Rehabilitation shall
-    complete parole plans for inmates referred to the Board of Parole Hearings for
-    medical parole consideration. The parole plans shall include, but not be limited
-    to, the inmates plan for residency and medical care. Notwithstanding any other
-    law, medical parole hearings shall be conducted by two-person panels consisting
-    of at least one commissioner. In the event of a tie vote, the matter shall be
-    referred to the full board for a decision. Medical parole hearings may be heard
-    in absentia. Upon receiving a recommendation from the head physician of the institution
-    where a prisoner is located for the prisoner to be granted medical parole pursuant
-    to subdivision (c) or (d), the board, as specified in subdivision (f), shall make
-    an independent judgment regarding whether the conditions under which the inmate
-    would be released pose a reasonable threat to public safety, and make written
-    findings related thereto. Notwithstanding any other law, the board or the Division
-    of Adult Parole Operations shall have the authority to impose any reasonable conditions
-    on prisoners subject to medical parole supervision pursuant to subdivision (a),
-    including, but not limited to, the requirement that the parolee submit to electronic
-    monitoring. As a further condition of medical parole, pursuant to subdivision
-    (a), the parolee may be required to submit to an examination by a physician selected
-    by the board for the purpose of diagnosing the parolees current medical condition.
-    In the event such an examination takes place, a report of the examination and
-    diagnosis shall be submitted to the board by the examining physician. If the board
-    determines, based on that medical examination, that the persons medical condition
-    has improved to the extent that the person no longer qualifies for medical parole,
-    the board shall return the person to the custody of the department. Notwithstanding
-    any other law establishing maximum periods for parole, a prisoner sentenced to
-    a determinate term who is placed on medical parole supervision prior to the earliest
-    possible release date and who remains eligible for medical parole, shall remain
-    on medical parole, pursuant to subdivision (a), until that earliest possible release
-    date, at which time the parolee shall commence serving that period of parole provided
-    by, and under the provisions of, Chapter 8 of Title 1. Notwithstanding any other
-    law establishing maximum periods for parole, a prisoner sentenced to an indeterminate
-    term who is placed on medical parole supervision prior to the prisoners minimum
-    eligible parole date, and who remains eligible for medical parole, shall remain
-    on medical parole pursuant to subdivision (a) until that minimum eligible parole
-    date, at which time the parolee shall be eligible for parole consideration under
-    all other provisions of Chapter 8 of Title 1. The Department of Corrections and
-    Rehabilitation shall, at the time a prisoner is placed on medical parole supervision
-    pursuant to subdivision (a), ensure that the prisoner has applied for any federal
-    entitlement programs for which the prisoner is eligible, and has in his or her
-    possession a discharge medical summary, full medical records, parole medications,
-    and all property belonging to the prisoner that was under the control of the department.
-    Any additional records shall be sent to the prisoners forwarding address after
-    release to health care-related parole supervision. The provisions for medical
-    parole set forth in this title shall not affect an inmates eligibility for any
-    other form of parole or release provided by law. (1) Notwithstanding any other
-    law, the Department of Corrections and Rehabilitation shall give notice to the
-    county of commitment and the proposed county of release, if that county is different
-    than the county of commitment, of any medical parole hearing as described in subdivision
-    (f), and of any medical parole release as described in subdivision (g). Notice
-    shall be made at least 30 days, or as soon as feasible, prior to the time any
-    medical parole hearing or medical parole release is scheduled for an inmate receiving
-    medical parole consideration, regardless of whether the inmate is sentenced either
-    determinately or indeterminately.'