In 2012, after a long court battle, Steven C. Martinez was granted medical parole. In our discussion this week, we review the court decision that granted parole to Martinez, and contemplate recommendations for conditions of release that would be appropriate given his condition and behavior. In preparing your discussion post,
1. Review the readings and video lecture for the week.
2. Use this link (https://scholar.google.com/scholar_case?case=17944663885298569414&q=medical+parole&hl=en&as_sdt=6,25) to access and review the case, In re Martinez, 210 Cal.App.4th 800 (Decided October 26, 2012). IMPORTANT: if using other options to access the case, ensure you are reviewing the correct decision, made by the Court of Appeals of California, Fourth District, Division One.
3. Post your answer to the following questions. Be sure to explain your reasoning, and back up your opinion with evidence from readings, and/or other scholarly sources.
(a) The appeals court decided that Martinez, given his current condition, does not pose a reasonable risk to the public if released on medical parole. Do you agree with the court’s analysis of Martinez’ risk?
(b) Martinez has a release plan that permanently places him in an inpatient care facility, but the court made a point of suggesting that the parole board could impose additional conditions for his release. Should the parole board impose additional conditions? and if so, what conditions might be appropriate given his needs, behavior, and risks?