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Summary:

Sheriffs may release severely incapacitated prisoners to other facilities upon notifying a judge of the details of the prisoner's medical condition.

Summary:

The Department of Corrections along with every physician or surgeon attending to an injured state prisoner must file a report with the Division of Labor Statistics and Research of every injury resulting from labor performed, unless such injury does not last through the day or does not require more than first aid treatment. If the injury results in death, the Department of Corrections must report it to the Division.

Summary:

The Division of Labor Statistics and Research must send copies of received injured prisoner reports to the Division of Occupational Safety and Health. The Division of Occupational Safety and Health may use the reports to make recommendations to the Department of Corrections of ways to improve working conditions of state prisoners.

Summary:

(e) (1) Notwithstanding any other law and consistent with paragraph (1) of subdivision (a), if the secretary or the Board of Parole Hearings or both determine that a prisoner satisfies the criteria set forth in paragraph (2), the secretary or the board may recommend to the court that the prisoner's sentence be recalled. (2) The court shall have the discretion to resentence or recall if the court finds that the facts described in subparagraphs (A) and (B) or subparagraphs (B) and (C) exist: (A) The prisoner is terminally ill with an incurable condition caused by an illness or disease that would produce death within six months, as determined by a physician employed by the department. (B) The conditions under which the prisoner would be released or receive treatment do not pose a threat to public safety. (C) 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 total care, including, but not limited to, coma, persistent vegetative state, brain death, ventilator-dependency, loss of control of muscular or neurological function, and that incapacitation did not exist at the time of the original sentencing. The Board of Parole Hearings shall make findings pursuant to this subdivision before making a recommendation for resentence or recall to the court. This subdivision does not apply to a prisoner sentenced to death or a term of life without the possibility of parole. (3) Within 10 days of receipt of a positive recommendation by the secretary or the board, the court shall hold a hearing to consider whether the prisoner's sentence should be recalled. (4) Any physician employed by the department who determines that a prisoner has six months or less to live shall notify the chief medical officer of the prognosis. If the chief medical officer concurs with the prognosis, he or she shall notify the warden. Within 48 hours of receiving notification, the warden or the warden's representative shall notify the prisoner of the recall and resentencing procedures, and shall arrange for the prisoner to designate a family member or other outside agent to be notified as to the prisoner's medical condition and prognosis, and as to the recall and resentencing procedures. If the inmate is deemed mentally unfit, the warden or the warden's representative shall contact the inmate's emergency contact and provide the information described in paragraph (2). (5) The warden or the warden's representative shall provide the prisoner and his or her family member, agent, or emergency contact, as described in paragraph (4), updated information throughout the recall and resentencing process with regard to the prisoner's medical condition and the status of the prisoner's recall and resentencing proceedings. . . . (7) Any recommendation for recall submitted to the court by the secretary or the Board of Parole Hearings shall include one or more medical evaluations, a postrelease plan, and findings pursuant to paragraph (2). . . . (9) If the court grants the recall and resentencing application, the prisoner shall be released by the department within 48 hours of receipt of the court's order, unless a longer time period is agreed to by the inmate. At the time of release, the warden or the warden's representative shall ensure that the prisoner has each of the following in his or her possession: a discharge medical summary, full medical records, state identification, parole medications, and all property belonging to the prisoner. After discharge, any additional records shall be sent to the prisoner's forwarding address.

Summary:

As a condition of parole, a prisoner shall be treated by the Department of Mental Health when the person in charge of treating the prisoner and a psychiatrist or psychologist have evaluated the prisoner and a Department of Corrections chief psychiatrist has certified to the Board of Prison Terms that the prisoner has a severe mental disorder that cannot be kept in remission without treatment, that the disorder was a factor in the commission of the crime, that the prisoner has received treatment for the disorder for 90 or more days, and that because of the disorder the prisoner is a substantial danger to others, the prisoner received a determinate sentence for the crime and the crime is one of those listed.

Summary:

If a chief psychiatrist of the Department of Corrections has certified to the Board of Prison Terms that a prisoner has a severe mental disorder not in remission, for whom the mental disorder was a factor in the prisoner's criminal behavior, and due to it, the prisoner represents a substantial danger of physical harm to others; and the prisoner has been in treatment for the severe mental disorder for 90 days or more within the year prior to his or her parole release day; then upon a showing of good cause, the Board of Parole Hearings may order that the prisoner remain in custody for no more than 45 days after his scheduled release in order to conduct a full psychiatric evaluation, and any additional evaluations by independent professionals.

Summary:

Within 180 days of termination of parole or release from prison, if the prisoner's severe mental disorder is not in remission or cannot be kept in remission without treatment, the medical director of the state hospital treating the parolee or the community program director or the Director of Corrections shall submit a written evaluation on remission to the district attorney which may, upon the request of the district attorney, be accompanied by supporting affidavits. This information can then be used to file a petition with the superior court for continued involuntary treatment for one year.

Summary:

In a court hearing to determine whether a Penal Code 2970 petition for continued treatment of a severely mentally disordered prisoner posing a threat of danger to others, the prisoner's attorney shall be given a copy of the petition as well as supporting documents.

Summary:

For the purposes of proving that a prisoner has received 90 or more days of treatment within the year prior to the prisoner's parole or release, records of any state or federal penitentiary, county jail or state hospital may be admitted as evidence.

Keywords:
prisoner, judicial
Summary:

Except for prisoners sentenced to death or life in prison without possibility of parole, any prisoner who the head physician determines to be permanently medically incapacitated and necessitating 24 hour care, and the incapacitation was not present at the time of sentencing, shall be granted medical parole if the Board of Parole Hearings finds it to be safe. In cases where the prisoner’s primary care physician or family recommends or requests that the prisoner be considered for medical parole due to being permanently medically incapacitated, the head physician shall either refer the matter to the Board of Parole Hearings within 30 days or provide the primary care physician or family member with a written explanation of the reasons for denying it. The Department of Corrections and Rehabilitation shall complete parole plans that include the inmate's plan for residency and medical care. The Board of Parole Hearings shall make an independent judgment (with written findings) regarding whether the inmate would pose a threat to public safety. As a condition of medical parole, a prisoner might be required to submit to a medical examination, the results of which will be reported to the Board. The Department shall ensure that any medical parolee has in his or her possession medical discharge papers, full medical record, and access to prescriptions. Any additional records shall be sent to the prisoner's forwarding address after release to health care-related parole supervision. The Department of Corrections and Rehabilitation must give notice of any medical parole hearing and any medical parole release to the county of commitment, and the county of proposed release, at least 30 days (or as soon as feasible) prior to a medical parole hearing or a medical parole release.

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