BILL ANALYSIS AB 674 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 674 (Salas) As Amended August 17, 2010 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |73-0 |(January 28, |SENATE: |35-0 |(August 19, | | | |2010) | | |2010) | ----------------------------------------------------------------- Original Committee Reference: PUB. S. SUMMARY : Allows a court to order a defendant who suffers from sexual trauma, traumatic brain injury, post-traumatic stress disorder (PTSD), substance abuse, or mental health problems as a result of military service into a treatment program or veteran's court for a period not to exceed that which the defendant would have served in state prison or jail. The Senate amendments provide that 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. EXISTING LAW : 1)States that in the case of any person convicted of a criminal offense who would otherwise be sentenced to county jail or state prison and who alleges that he or she committed the offense as a result of PTSD, substance abuse, or psychological problems stemming from service in a combat theater in the United States military, the court shall, prior to sentencing, hold a hearing to determine whether the defendant was a member of the military forces of the United States who served in combat and shall assess whether the defendant suffers from PTSD, substance abuse, or psychological problems as a result of that service. 2)Allows a defendant convicted of a criminal offense who committed the offense as a result of PTSD substance abuse, or psychological problems stemming from service in a combat theater in the United States military, and if the defendant is otherwise eligible for probation and the court places the defendant on probation, the court may order the defendant into AB 674 Page 2 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. 3)Declares that the safety of the public, shall be a primary goal through the enforcement of court-ordered conditions of probation; the nature of the offense; the interests of justice, including punishment, reintegration of the offender into the community, and enforcement of conditions of probation; the loss to the victim; and the needs of the defendant shall be the primary considerations in the granting of probation. AS PASSED BY THE ASSEMBLY , this bill: 1)Provided that in the case of any person convicted of a criminal offense who would 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, PTSD, 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, PTSD, substance abuse, or mental health problems as a result of that service. 2)Stated that if the defendant convicted of a criminal offense is a person who committed the offense as a result of sexual trauma, traumatic brain injury, PTSD, substance abuse, or mental health problems stemming from service in the United States military, 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. AB 674 Page 3 3)Allowed defendants granted probation under this section and committed to a residential treatment program to earn sentence credits for the actual time the defendant serves in residential treatment. 4)Required courts to give preference to treatment programs that have a history of successfully treating veterans who suffer from sexual trauma, traumatic brain injury, PTSD, 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. 5)Mandated the court and assigned treatment program to collaborate with the Department of Veterans Affairs and the United States Veterans Administration to maximize benefits and services provided to the veteran. FISCAL EFFECT : According to the Senate Appropriations Committee: Fiscal Impact (in Thousands) Major Provisions 2010-11 2011-12 2012-13 Fund Expands court procedure Potentially significant increased workload General* Mandate: county mental health Potentially significant reimbursable costs General *Trial Courts Trust Fund COMMENTS : According to the author, "AB 674 protects society from the worst offenders while enabling mercy and treatment for the typical vet suffering from PTSD or traumatic brain injury and aggravated pre-existing disorders that result from their combat related service." Please see the policy committee for a full discussion of this bill. AB 674 Page 4 Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916) 317-3744 FN: 0006240