SECTIONS 3550 - California Statutes

PENAL CODE

SECTION 3550

3550. (a) Notwithstanding any other provision of law, except as
provided in subdivision (b), any prisoner who the head physician of
the institution where the prisoner is located determines, as provided
in this section, 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, shall be granted medical parole if the Board of
Parole Hearings determines that the conditions under which the
prisoner would be released would not reasonably pose a threat to
public safety.
(b) Subdivision (a) shall not apply to any prisoner sentenced to
death or life in prison without possibility of parole or to any
inmate who is serving a sentence for which parole, pursuant to
subdivision (a), is prohibited by any initiative statute. The
provisions of this section shall not be construed to alter or
diminish the rights conferred under the Victim's Bill of Rights Act
of 2008: Marsy's Law.
(c) When a physician employed by the Department of Corrections and
Rehabilitation who is the primary care provider for an inmate
identifies an inmate that he or she believes meets the medical
criteria for medical parole specified in subdivision (a) the primary
care physician shall recommend to the head physician of the
institution where the prisoner is located that the prisoner be
referred to the Board of Parole Hearings for consideration for
medical parole. Within 30 days of receiving that recommendation, if
the head physician of the institution concurs in the recommendation
of the primary care physician, he or she shall refer the matter to
the Board of Parole Hearings using a standardized form and format
developed by the department, and if the head physician of the
institution does not concur in the recommendation, he or she shall
provide the primary care physician with a written explanation of the
reasons for denying the referral.
(d) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may independently
request consideration for medical parole by contacting the head
physician at the prison or the department. Within 30 days of
receiving the request, the head physician of the institution shall,
in consultation with the prisoner's primary care physician, make a
determination regarding whether the prisoner meets the criteria for
medical parole as specified in subdivision (a) and, if the head
physician of the institution determines that the prisoner satisfies
the criteria set forth in subdivision (a), he or she shall refer the
matter to the Board of Parole Hearings using a standardized form and
format developed by the department. If the head physician of the
institution does not concur in the recommendation, he or she shall
provide the prisoner or his or her family member or designee with a
written explanation of the reasons for denying the application.
(e) The Department of Corrections and Rehabilitation shall
complete parole plans for inmates referred to the Board of Parole
Hearings for medical parole consideration. The parole plans shall
include, but not be limited to, the inmate's plan for residency and
medical care.
(f) Notwithstanding any other law, medical parole hearings shall
be conducted by two-person panels consisting of at least one
commissioner. In the event of a tie vote, the matter shall be
referred to the full board for a decision. Medical parole hearings
may be heard in absentia.
(g) Upon receiving a recommendation from the head physician of the
institution where a prisoner is located for the prisoner to be
granted medical parole pursuant to subdivision (c) or (d), the board,
as specified in subdivision (f), shall make an independent judgment
regarding whether the conditions under which the inmate would be
released pose a reasonable threat to public safety, and make written
findings related thereto.
(h) Notwithstanding any other provision of law, the board or the
Division of Adult Parole Operations shall have the authority to
impose any reasonable conditions on prisoners subject to medical
parole supervision pursuant to subdivision (a), including, but not
limited to, the requirement that the parolee submit to electronic
monitoring. As a further condition of medical parole, pursuant to
subdivision (a), the parolee may be required to submit to an
examination by a physician selected by the board for the purpose of
diagnosing the parolee's current medical condition. In the event such
an examination takes place, a report of the examination and
diagnosis shall be submitted to the board by the examining physician.
If the board determines, based on that medical examination, that the
person's medical condition has improved to the extent that the
person no longer qualifies for medical parole, the board shall return
the person to the custody of the department.
(1) Notwithstanding any other provision of law establishing
maximum periods for parole, a prisoner sentenced to a determinate
term who is placed on medical parole supervision prior to the
earliest possible release date and who remains eligible for medical
parole, shall remain on medical parole, pursuant to subdivision (a),
until that earliest possible release date, at which time the parolee
shall commence serving that period of parole provided by, and under
the provisions of, Chapter 8 (commencing with Section 3000) of Title
1.
(2) Notwithstanding any other provisions of law establishing
maximum periods for parole, a prisoner sentenced to an indeterminate
term who is placed on medical parole supervision prior to the
prisoner's minimum eligible parole date, and who remains eligible for
medical parole, shall remain on medical parole pursuant to
subdivision (a) until that minimum eligible parole date, at which
time the parolee shall be eligible for parole consideration under all
other provisions of Chapter 8 (commencing with Section 3000) of
Title 1.
(i) The Department of Corrections and Rehabilitation shall, at the
time a prisoner is placed on medical parole supervision pursuant to
subdivision (a), ensure that the prisoner has applied for any federal
entitlement programs for which the prisoner is eligible, and has in
his or her possession a discharge medical summary, full medical
records, parole medications, and all property belonging to the
prisoner that was under the control of the department. Any additional
records shall be sent to the prisoner's forwarding address after
release to health care-related parole supervision.
(j) The provisions for medical parole set forth in this title
shall not affect an inmate's eligibility for any other form of parole
or release provided by law.