In re Martinez
210 Cal. App. 4th 800
| Cal. Ct. App. | 2012Background
- Martinez, a quadriplegic inmate, sought medical parole under Cal. Penal Code §3550 after the Board denied it.
- Section 3550 conditions medical parole where the head physician finds permanent medical incapacity and 24-hour care.
- The Board must independently determine that release conditions would not reasonably pose a threat to public safety.
- The Board denied Martinez based on alleged threats to staff and his commitment offenses, despite his incapacity.
- The court held there is no evidence that the release conditions would reasonably threaten public safety and reversed for medical parole release with possible conditions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard of review for Board’s medical parole decision | Martinez argues de novo review. | AG argues deferential “some evidence” review. | Some evidence review applied; focus on conditions under §3550(a) and not on inmate himself. |
| Effect of the word “reasonably” in §3550(a) | Legislation intended to limit Board’s power. | No clear legislative intent tied to Martinez decision. | Legislature intended that release denial require a reasonable threat from conditions. |
| Remedy for erroneous denial | Court should grant medical parole. | Remand for new hearing per Prather. | Release on medical parole with appropriate conditions; remand unnecessary. |
| Scope of what constitutes threat in medical parole | Martinez could threaten only via others if released. | Board could be guided by potential risk under conditions. | No evidence that in an acute-care placement Martinez could use others to threaten public safety. |
| Distinction between medical parole and typical parole | Different standards apply; focus on medical condition. | Parole standards differ; still relevant factors apply. | Medical parole focuses on release conditions; the inmate’s medical incapacity reduces risk. |
Key Cases Cited
- Martinez v. Board of Parole Hearings, 183 Cal.App.4th 578 (Cal. Ct. App. 2010) (context of “some evidence” standard and Martinez decision as backdrop to added “reasonably”)
- In re Prather, 50 Cal.4th 238 (Cal. 2010) (remedy for parole-denial determinations under due process)
- In re Lawrence, 44 Cal.4th 1181 (Cal. 2008) (parole denial standard; lawfulness of review standard)
- Martinez v. Board of Parole Hearings, 183 Cal.App.4th 578 (Cal. Ct. App. 2010) (discussed as prior precedent on “some evidence” and the recall context)
- In re Shaputis, 53 Cal.4th 192 (Cal. 2011) (parole suitability and evidentiary considerations)