BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           674 (Salas)
          
          Hearing Date:  08/12/2010           Amended: As Proposed to be  
          Amended
          Consultant:  Jacqueline Wong-HernandezPolicy Vote: Public Safety  
          7-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY: AB 674 would allow a criminal defendant who is a  
          veteran, 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. The  
          bill would provide that a county's obligation to provide mental  
          health treatment services is contingent upon any resources for  
          the implementation of mental health treatment services being  
          appropriated by the state. The bill would eliminate an existing  
          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.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions               2010-11                  2011-12        
           2012-13                        Fund
                                                                  
          Expands court procedure                    Likely minor  
          increased workload              General*

          Mandate: county mental health      Likely minor costs;  
          potentially reimbursable  General

          *Trial Courts Trust Fund      
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: SUSPENSE FILE. As Proposed to be Amended.










          
          AB 674 would modify existing pre-sentencing court procedures  
          involving defendants convicted of a criminal offense when the  
          defendant alleges that the offence was committed 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. Under  
          existing law, the additional court proceedings specified in this  
          bill apply to individuals who have been in combat theater; this  
          bill would include all veterans. The magnitude of future cases  
          that will result in additional court proceedings under these  
          provisions is unknown, but would result in additional workload  
          and court time for each proceeding. 

          This bill would also require the court to collaborate with the  
          Department of Veterans Affairs (DVA) and the United States  
          Veterans Administration (USVA) to maximize services to veterans.  
          This vague requirement may increase the workload of the  
          Administrative Office of the Courts, which is the agency most  
          likely to be tasked with coordination responsibilities.
          Page 2
          AB 674 (Salas)

          This bill expands the responsibility of county mental health  
          agencies, and the new mandate is likely to be reimbursable. This  
          bill specifically deletes an existing statute which specifies  
          that an order referring a defendant to a county mental health  
          agency can only be made if the agency agreed to accept  
          responsibility for treatment of the defendant, eliminating the  
          agency's discretion to treat both the new veterans added by this  
          bill and those referred under existing law.

          Existing law also provides that if the 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. (Penal Code   
          1170.9(c).) It is unclear how the inability to decline to serve  
          specified veterans would interact with this provision. Moreover,  
          this bill would add "or contingent upon any resources for the  
          implementation of mental health treatment services being  
          appropriated by the state." This clause creates cost pressure to  
          appropriate additional funds for this purpose, especially in  
          conjunction with removing the agency's ability to decline  
          service.

          The author's proposed amendments would: 1) Make permissive the  










          previous requirement on the court to collaborate with the DVA  
          and USVA; 2) provide that county mental health services will  
          only be provided to the extent that there are existing  
          resources; and 3) continue the provision in existing statute  
          that an order be made referring the defendant to county mental  
          health agency only if the agency agrees to accept responsibility  
          for treatment of the defendant.