Compassionate release.

Existing law authorizes a court, upon recommendation for consideration by the Secretary of the Department of Corrections and Rehabilitation, to resentence or recall the sentence of a prisoner if the court finds that the prisoner is terminally ill or the prisoner is permanently medically incapacitated and, in either case, the conditions under which the prisoner would be released or receive treatment do not pose a threat to public safety. Under existing law, a prisoner is terminally ill for the purposes of these provisions if they have an incurable condition caused by an illness or disease that would produce death within 12 months. Under existing law, a prisoner is permanently medically incapacitated if they have a medical condition renders them permanently unable to perform activities of basic daily living, and results in the prisoner requiring 24-hour total care and the incapacitation did not exist at the time of original sentencing. This bill would reorganize these provisions and require the department to make a recommendation for recall or resentencing of an incarcerated person if an incarcerated person has a serious and advanced illness with an end-of-life trajectory or who is found to be permanently medically incapacitated. The bill would change the criteria for an incarcerated person to be considered permanently medically incapacitated by removing the 24-hour total care requirement and would include functional impairments resulting in the permanent inability to complete activities of daily living and progressive end-stage dementia that did not exist at the time of original sentencing. The bill would also create a presumption in favor of recall and resentencing if the court finds that an incarcerated person is medically qualified, unless the court finds the defendant is an unreasonable risk of danger to public safety, as defined. The bill would require the appointment of counsel for indigent incarcerated persons referred to the court for recall and resentencing under these provisions. Because this bill would place additional duties on local agencies, this bill would impose a state-mandated local program. This bill would require the Judicial Council, beginning January 1, 2024, to publicly release an annual report regarding these provisions, including the number of people who were referred to the court for recall and resentencing, the number of people denied resentencing, and the number of people who passed away before completing the recall and resentencing process. This bill would make additional conforming changes. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.