BILL NUMBER: AB 674 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2010
AMENDED IN SENATE JULY 15, 2010
AMENDED IN ASSEMBLY JANUARY 25, 2010
AMENDED IN ASSEMBLY JANUARY 4, 2010
INTRODUCED BY Assembly Member Salas
FEBRUARY 25, 2009
An act to amend Section 1170.9 of the Penal Code, relating to
criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
AB 674, as amended, Salas. Criminal procedure: veterans.
Existing law provides that if a person is convicted of a criminal
offense and alleges that he or she committed the offense as a result
of post-traumatic stress disorder, substance abuse, or psychological
problems stemming from service in combat in the United States
military, the court shall hold a hearing prior to sentencing to make
a determination about the allegation. If the court finds that the
defendant's crime was committed as a result of one of those factors
related to serving in combat, and the court places the person on
probation, existing law authorizes the court to place the person into
a treatment program, as specified.
This bill would instead , if the defendant
alleges that he or she committed the offense as a result of sexual
trauma, traumatic brain injury, post-traumatic stress disorder,
substance abuse, or mental health problems stemming from military
service in the United States military, require the court to make a
determination as to whether a defendant was, or currently is, a
member of the United States military , and
would authorize the court to request through the use of
existing resources an assessment of whether the defendant
may be suffering from any of those disorders , before placing an
otherwise eligible defendant on probation and ordering the defendant
into a treatment program, as specified. The bill would authorize the
court to req uest, through existing resources, an
assessment to aid in the determination of whether the defendant may
be suffering from any of those disorders . The bill would
eliminate the requirement that the offense be committed as a result
of problems stemming from service in a combat theater.
Existing law provides that if a referral for treatment is made by
the court to the county mental health authority pursuant to the above
provisions, the county shall be obligated to provide mental health
treatment services only to the extent that resources are available
for that purpose, as provided.
The bill would provide that a county's obligation to provide
mental health treatment services is alternatively contingent upon any
resources for the implementation of mental health treatment services
being appropriated by the state. The bill would eliminate the
requirement that an order be made referring the defendant to a county
mental health agency only if the agency agreed to accept
responsibility for treatment of the defendant.
The bill would require authorize the
court and the an assigned treatment
program to collaborate with the Department of Veterans Affairs and
the United States Veterans Administration to maximize benefits and
services.
By imposing additional burdens on local government entities, this
bill would impose a state-mandated local program.
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 these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1170.9 of the Penal Code is amended to read:
1170.9. (a) In the case of any person convicted of a criminal
offense who could otherwise be sentenced to county jail or state
prison and who alleges that he or she committed the offense as a
result of sexual trauma, traumatic brain injury, post-traumatic
stress disorder, substance abuse, or mental health problems stemming
from service in the United States military, the court shall, prior to
sentencing, make a determination as to whether the defendant was, or
currently is, a member of the United States military and
may request through the use of existing resources an assessment of
whether the defendant may be suffering from sexual trauma,
traumatic brain injury, post-traumatic stress disorder, substance
abuse, or mental health problems as a result of that service.
The court may request, through existing resources, an assessment to
aid in that determination.
(b) If the court concludes that a defendant convicted of a
criminal offense is a person described in subdivision (a), and if the
defendant is otherwise eligible for probation and the court places
the defendant on probation, the court may order the defendant into a
local, state, federal, or private nonprofit treatment program for a
period not to exceed that which the defendant would have served in
state prison or county jail, provided the defendant agrees to
participate in the program and the court determines that an
appropriate treatment program exists.
(c) If a referral is made to the county mental health authority,
the county shall be obligated to provide mental health treatment
services only to the extent that resources are available for that
purpose, as described in paragraph (5) of subdivision (b) of Section
5600.3 of the Welfare and Institutions Code , or contingent
upon any resources for the implementation of mental health treatment
services being appropriated by the state . If mental health
treatment services are ordered by the court, the county mental
health agency shall coordinate appropriate referral of the defendant
to the county veterans service officer, as described in paragraph (5)
of subdivision (b) of Section 5600.3 of the Welfare and Institutions
Code. The county mental health agency shall not be responsible for
providing services outside its traditional scope of services. An
order shall be made referring a defendant to a county mental health
agency only if that agency has agreed to accept responsibility for
the treatment of the defendant.
(d) When determining the "needs of the defendant," for purposes of
Section 1202.7, the court shall consider the fact that the defendant
is a person described in subdivision (a) in assessing whether the
defendant should be placed on probation and ordered into a federal or
community-based treatment service program with a demonstrated
history of specializing in the treatment of mental health problems,
including substance abuse, post-traumatic stress disorder, traumatic
brain injury, military sexual trauma, and other related mental health
problems.
(e) A defendant granted probation under this section and committed
to a residential treatment program shall earn sentence credits for
the actual time the defendant serves in residential treatment.
(f) The court, in making an order under this section to commit a
defendant to an established treatment program, shall give preference
to a treatment program that has a history of successfully treating
veterans who suffer from sexual trauma, traumatic brain injury,
post-traumatic stress disorder, substance abuse, or mental health
problems as a result of that service, including, but not limited to,
programs operated by the United States Department of Defense or the
United States Veterans Administration.
(g) The court and the assigned treatment program shall
may collaborate with the Department of Veterans
Affairs and the United States Veterans Administration to maximize
benefits and services provided to the veteran.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.