OUR LAW OFFICE NO LONGER REPRESENT INMATES FOR COMPASSIONATE RELEASE. Families and Friends can write to the Institution CME (list below) to initiate the CR process.
AB 960 mandates appointment of
counsel for indigent persons upon CDCR’s recommendation to court
--------------------------------------------------
We have limited our practiced to Lifer Parole
Hearings & Appeals from BPH Denial,
Youth Offender Parole (SB 260/261/AB 1308),
Elderly
Parole (Statutory tract 50/20 & Federal Court Order Track 60/25)
Call: 619-233-3688
www.dianeletarte.com
-----------------------------------------------------
While all are keeping
an eye on AB 2727 and elderly parole [Elevates Age and Time-Served Thresholds] (a future blog) , hundreds of incarcerated
Californians — and their families — are navigating a quieter but equally
critical pathway: Compassionate Release. This process has nothing to do with the Board of Parole
Hearings or sentence length. It exists for one reason: a person is so gravely
ill, or cognitively incapacitated, that continued incarceration serves no
legitimate penological purpose. If your loved one is seriously ill inside a
California prison, this blog is for you.
What Is Compassionate Release? The AB 960
(2022) Reform
California’s
compassionate release law — now codified at Penal
Code § 1172.2 (enacted by AB 960,
effective January 1, 2023, formerly § 1170(e)) — allows the CDCR Secretary to
recommend to the sentencing court that a gravely ill or permanently
incapacitated person’s sentence be recalled and the person resentenced. The
court then has short limited days from the Secretary’s recommendation to hold a hearing
and decide. This process bypasses the Board
of Parole Hearings entirely — the
sentencing court is the decision-maker.
AB 960 was a
landmark reform: it expanded eligibility,
created a presumption of release, and mandated appointment of counsel for indigent persons — making this remedy far more accessible
than it was before 2023.
Important:
Persons sentenced to LWOP or death are not eligible for compassionate release
under PC § 1172.2.
Who Qualifies Under AB 960 / PC § 1172.2?
A person
qualifies if they meet ONE of the following two criteria:
•
Serious and Advanced
Illness with an End-of-Life Trajectory. Under
AB 960, there is no longer a rigid “six months to live” deadline. A serious,
advanced illness trending toward end of life is sufficient — a significant
expansion from the old 12-month terminal prognosis requirement. Examples in the
statute include metastatic solid-tumor cancer, ALS, end-stage organ disease,
and advanced end-stage dementia.
•
Permanently Medically
Incapacitated. The person is unable to
perform activities of basic daily living — including bathing, eating, dressing,
toileting, transferring, and ambulation. AB 960 explicitly added progressive
end-stage dementia and removed the prior requirement of 24-hour total care.
The
presumption of release: Once eligibility
is established, AB 960 created a legal presumption in favor of recall and
resentencing. The burden then shifts — the State must affirmatively prove the
person poses an unreasonable risk of danger to public safety to block release.
Right to
counsel: AB 960 mandates appointment of
counsel for indigent persons upon CDCR’s recommendation to the court. If your
loved one cannot afford an attorney, request appointment of counsel at the
outset.
How the Process Works: The CME Is the Required
First Step
Under PC §
1172.2, the compassionate release process must
begin at the institution through the Chief Medical Executive (CME) — also called the Chief Executive Officer of Health
Care. There is no mechanism to file directly with the court. The CME’s determination
of eligibility is the required first step, and once the CME confirms
eligibility, CDCR’s recommendation to the court is mandatory. Here is how the
pipeline runs:
Step 1 → Primary care physician refers the case to the CME using
CDCR Form 7478.
Step 2 → CME reviews medical records and confirms PC § 1172.2
eligibility. Must sign off within a short amount of working days.
Step 3 → Signed form goes to the Classification and Parole
Representative (C&PR) within several working days; C&PR prepares an
evaluation report.
Step 4 → C&PR forwards the report to the Warden or Chief
Deputy Warden within a few working days for review and signature.
Step 5 → Warden sends the referral to the Statewide Chief Medical
Executive, who affirms medical eligibility within a short amount of working days.
Step 6 → CDCR’s Classification Services Unit reviews for
completeness ( short turn around), then refers the matter to the sentencing court.
Step 7 → The sentencing court holds a hearing within a short number of days and
decides whether to grant recall and resentencing.
The court
does not act until CDCR recommends. Getting the CME to move is the critical
first step — which is why writing to the CME matters.
A family
member, the incarcerated person, or their designee may independently contact
the CME to request a review under PC § 1172.2, subdivision (g). This does not
bypass the CME — it triggers the same internal pipeline. What it does is put the institution on notice that the family is engaged and prepared to pursue legal
remedies if the referral is unreasonably delayed.
How to Write to the CME: An 8-Step Guide
Your letter
must be professional, factual, and supported by documentation. Always cite PC §
1172.2 (AB 960) — not the old § 1170(e) language — in all correspondence filed
after January 1, 2023.
Step 1:
Address it correctly. Write to the Chief
Medical Executive at the specific institution’s staff mailing address. The full
directory for all 31 CDCR adult facilities is at the end of this blog. Do NOT
use inmate mail P.O. boxes.
Step 2:
Identify your loved one. State the full
name, CDCR number, current housing assignment, and your relationship to the
incarcerated person.
Step 3:
Describe the condition specifically. Name
the diagnosis, current stage or severity, and the functional limitations — what
can your loved one no longer do? You do not need a firm six-month deadline. A
serious advanced illness with an end-of-life trajectory, or an inability to
perform ADLs including bathing, eating, dressing, or ambulation, satisfies PC §
1172.2.
Step 4:
State the exact relief you are requesting. Ask
the CME to initiate a referral for sentence recall and resentencing under Penal
Code § 1172.2 (AB 960) and to forward the matter through the required
institutional pipeline to CDCR’s Classification Services Unit for
recommendation to the sentencing court. Citing the statute by name matters.
Step 5:
Describe your release plan. Where will
your loved one go? Who provides care? What medical coverage (Medi-Cal) exists?
A credible, specific release plan — named facility, confirmed coverage, signed
caregiver commitment — is what courts look for.
Step 6:
Attach supporting documents. Include
physician letters or prognosis statements, hospital discharge summaries,
palliative care or specialist records, and a signed CDCR 7385 medical release
authorization.
Step 7: Send
copies simultaneously. Copy: (1)
institution Warden; (2) CDCR Secretary’s office, Sacramento; (3) CCHCS
Headquarters, 8280 Longleaf Drive, Elk Grove, CA 95758; and (4) your attorney, if one was retained.
Step 8:
Follow up in writing at 21 days. If no
written confirmation of a review has been initiated, follow up by certified
mail referencing your original submission date. If the institution fails to
process the referral within a reasonable time, an attorney can file a Writ of
Habeas Corpus in superior court to compel CDCR to comply with its mandatory
obligations under PC § 1172.2.
CDCR Institution Address Directory — Write
to the Chief Medical Executive
Address all compassionate release
correspondence to: Chief Medical Executive / Office of the CME / Healthcare
Administration at the institution’s staff mailing address. Do NOT use inmate
P.O. boxes.
|
INSTITUTION
|
ADDRESS —
Chief Medical Executive / Office of CME / Healthcare Admin
|
MAIN PHONE
|
|
Avenal State
Prison (ASP)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
#1 Kings Way,
Avenal, CA 93204
|
(559) 386-0587
|
|
California
Correctional Institution (CCI)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
P.O. Box 1031,
Tehachapi, CA 93581
|
(661) 822-4402
|
|
California
Health Care Facility, Stockton (CHCF)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
7707 Austin
Road, Stockton, CA 95215
|
(209) 467-2500
|
|
California
Institution for Men (CIM)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
14901 Central
Avenue, Chino, CA 91710
|
(909) 597-1821
|
|
California
Institution for Women (CIW)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
16756
Chino-Corona Road, Corona, CA 92880
|
(909) 597-1771
|
|
California
Medical Facility (CMF)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
P.O. Box 2000,
Vacaville, CA 95696-2000
|
(707) 448-6841
|
|
California
Men's Colony (CMC)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
Highway 1, San
Luis Obispo, CA 93409
|
(805) 547-7900
|
|
California
Rehabilitation Center (CRC)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
5th Street
& Western Ave., Norco, CA 92860
|
(951) 737-2683
|
|
California
State Prison, Corcoran (CSP-COR)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
P.O. Box 8800,
Corcoran, CA 93212
|
(559) 992-8800
|
|
California
State Prison, Los Angeles County (LAC)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
44750 60th
Street West, Lancaster, CA 93536
|
(661) 729-2000
|
|
California
State Prison, Sacramento (SAC)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
100 Prison
Road, Represa, CA 95671
|
(916) 985-8610
|
|
California
State Prison, Solano (SOL)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
2100 Peabody
Road, Vacaville, CA 95696
|
(707) 451-0182
|
|
Calipatria
State Prison (CAL)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
7018 Blair
Road, Calipatria, CA 92233
|
(760) 348-7000
|
|
Centinela
State Prison (CEN)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
2302 Brown
Road, Imperial, CA 92251
|
(760) 337-7900
|
|
Central
California Women's Facility (CCWF)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
P.O. Box 1501,
Chowchilla, CA 93610
|
(559) 665-5531
|
|
Correctional
Training Facility (CTF)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
Highway 101
North, Soledad, CA 93960
|
(831) 678-3951
|
|
Folsom State
Prison (FSP)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
300 Prison
Road, Represa, CA 95671
|
(916) 985-2561
|
|
High Desert
State Prison (HDSP)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
475-750 Rice
Canyon Rd., Susanville, CA 96127
|
(530) 251-5100
|
|
Ironwood State
Prison (ISP)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
19005 Wiley's
Well Road, Blythe, CA 92225
|
(760) 921-3000
|
|
Kern Valley
State Prison (KVSP)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
P.O. Box 5101,
Delano, CA 93216
|
(661) 721-6300
|
|
Mule Creek
State Prison (MCSP)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
4001 Highway
104, Ione, CA 95640
|
(209) 274-4911
|
|
North Kern
State Prison (NKSP)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
2737 West
Cecil Avenue, Delano, CA 93215
|
(661) 721-2345
|
|
Pelican Bay
State Prison (PBSP)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
5905 Lake Earl
Drive, Crescent City, CA 95531
|
(707) 465-1000
|
|
Pleasant
Valley State Prison (PVSP)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
24863 West
Jayne Avenue, Coalinga, CA 93210
|
(559) 935-4900
|
|
R.J. Donovan
Correctional Facility (RJD)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
480 Alta Road,
San Diego, CA 92179
|
(619) 661-6500
|
|
Salinas Valley
State Prison (SVSP)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
P.O. Box 1020,
Soledad, CA 93960
|
(831) 678-5500
|
|
San Quentin
Rehabilitation Center (SQRC)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
1 Main Street,
San Quentin, CA 94964
|
(415) 454-1460
|
|
Sierra
Conservation Center (SCC)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
5100 O'Byrnes
Ferry Road, Jamestown, CA 95327
|
(209) 984-5291
|
|
Substance
Abuse Treatment Facility, Corcoran (SATF)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
900 Quebec
Avenue, Corcoran, CA 93212
|
(559) 992-8800
|
|
Valley State
Prison (VSP)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
P.O. Box 99,
Chowchilla, CA 93610
|
(559) 665-6100
|
|
Wasco State
Prison – Reception Center (WSP)
|
Chief
Medical Executive
Office of
the CME / Healthcare Administration
701 Scofield
Avenue, Wasco, CA 93280
|
(661) 758-8400
|
CCHCS
Headquarters (copy all correspondence here):
California
Correctional Health Care Services — 8280 Longleaf Drive, Building D, Suite 101,
Elk Grove, CA 95758 | Phone: (916) 691-6065
