BILL ANALYSIS                                                                                                                                                                                                    



                                                                           
           AB 674
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 674 (Salas)
          As Amended  August 17, 2010
          Majority vote
           
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          |ASSEMBLY:  |73-0 |(January 28,    |SENATE: |35-0 |(August 19,    |
          |           |     |2010)           |        |     |2010)          |
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           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
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            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
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          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
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           Analysis Prepared by  :    Nicole J. Hanson / PUB. S. / (916)  
          317-3744
          FN:  
          0006240