BILL NUMBER: AB 1925	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 20, 2010

INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 16, 2010

   An act to add Chapter 2.97 (commencing with Section 1001.95) to
Title 6 of Part 2 of the Penal Code, relating to  diversion
  veterans courts  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1925, as amended, Salas.  Diversion: veterans.
  Veterans courts. 
   Existing law provides for the diversion of specified criminal
offenders in alternate sentencing and treatment programs.
   This bill would authorize superior courts to develop and implement
veterans courts for eligible veterans of the United States military
with the objective of, among other things, creation of a dedicated
calendar or a locally developed collaborative court-supervised
veterans mental health program or system that leads to the placement
of as many mentally ill offenders who are veterans of the United
States military, including those with post-traumatic stress disorder,
traumatic brain injury, military sexual trauma, substance abuse, or
any mental health problem stemming from military service, in
community treatment as is feasible and consistent with public safety.
 The bill would authorize the veterans courts to operate as
a preguilty plea program, deferred entry of judgment program, or a
postguilty plea program where the defendant has entered a guilty plea
or has been sentenced and is on probation. 
   Because this bill would  change the punishment for
commission of various crimes and would  require local
officials to provide a higher level of service, 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
 
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.

   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.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 2.97 (commencing with Section 1001.95) is added
to Title 6 of Part 2 of the Penal Code, to read:
      CHAPTER 2.97.  DIVERSION OF VETERANS


   1001.95.  (a) Superior courts are hereby authorized to develop and
implement veterans courts.
   (b) For purposes of this section, a veterans court shall have the
following objectives:
   (1) Increase cooperation between the courts, criminal justice,
veterans, and substance abuse systems.
   (2) Creation of a dedicated calendar or a locally developed
collaborative court-supervised veterans mental health program or
system that contains the characteristics set out in subdivision (c)
that will lead to placement of as many mentally ill offenders who are
veterans of the United States military, including those with
post-traumatic stress disorder, traumatic brain injury, military
sexual trauma, substance abuse, or any mental health problem stemming
from United States military service, in community treatment, as is
feasible and consistent with public safety.
   (3) Improve access to necessary services and support.
   (4) Reduce recidivism.
   (5) Reduce the involvement of veterans in the criminal justice
system and time in jail by making mental health service for veterans
available in the least restrictive environment possible while
promoting public safety.
   (c) For purposes of this section, a veterans court shall have all
of the following characteristics:
   (1) Leadership by a superior court judicial officer assigned by
the presiding judge.
   (2) Enhanced accountability by combining judicial supervision with
rehabilitation services that are rigorously monitored and focused on
recovery.
   (3) A problem solving focus.
   (4) A team approach to decisionmaking.
   (5) Integration of social and treatment services.
   (6) Judicial supervision of the treatment process, as appropriate.

   (7) Community outreach efforts.
   (8) Direct interaction between defendant and judicial officer.
   (d) In developing a veterans court, the presiding judge or his or
her designee shall contact the county board of supervisors, the
county administrative officer, or their designee to convene the
county and court stakeholders and, through a collaborative process
with these stakeholders, develop a plan that is consistent with this
section. At least one stakeholder should be a criminal justice client
who is a veteran who has lived with the experience of mental illness
as described in paragraph (2) of subdivision (b) of this section.
The plan shall address at a minimum all of the following components:
   (1) The method by which the veterans court ensures that the target
population of defendants are identified and referred to the veterans
court.
   (2) The method for assessing defendants who are veterans for
serious mental illness and co-occurring disorders.
   (3) Eligibility criteria specifying what factors make the
defendant eligible to participate in the veterans court, including
service in the United States military, the amenability of the
defendant to treatment and the facts of the case, as well as prior
criminal history, United States military service history, and mental
health and substance abuse treatment history.
   (4) The elements of the treatment and supervision programs.
   (5) Standards for continuing participation in, and successful
completion of, the veterans court program.
   (6) The need for the county mental health department and the drug
and alcohol department to provide initial and ongoing training for
designated staff on the nature of serious mental illness and on the
treatment and supportive services available in the community.
   (7) The process to ensure defendants will receive the appropriate
level of treatment services,  provided that  the county and
other local agencies 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.
   (8) The process for developing or modifying a treatment plan for
each defendant, based on a formal assessment of the defendant's
mental health, United States military service history, and substance
abuse treatment needs. Participation in the veterans court shall
require defendants to complete the recommended treatment plan, and
comply with any other terms and conditions that optimizes the
likelihood that the defendant completes the program.
   (9) The process for referring cases to the veterans court.
   (10) A defendant's voluntary entry into the veterans court, the
right of a defendant to withdraw from the veterans court, and the
process for explaining these rights to the defendant.
   (e) In developing a veterans program, each veterans court team,
 lead   led  by a judicial officer, shall
include, but not be limited to, a judicial officer to preside over
the court, prosecutor, public defender, county mental health liaison,
substance abuse liaison, county veterans' service officer, and
probation officer. The veterans court team will determine the
frequency of ongoing reviews of the progress of the offender in
community treatment in order to ensure the offender adheres to the
treatment plan as recommended, remains in treatment, and completes
treatment. 
   (f) For purposes of this section, a veterans court may operate as
a preguilty plea program, wherein criminal proceedings are suspended
without a plea of guilty for designated defendants. If the court
finds that the defendant is not performing satisfactorily in the
assigned program, or that the defendant is not benefiting from
education, treatment, or rehabilitation, the court shall consider
modification of the treatment plan or reinstate the criminal charge
or charges. If the court finds that the defendant has engaged in
criminal conduct rendering him or her unsuitable for the preguilty
plea program, the court shall reinstate the criminal charge or
charges. If the defendant has performed satisfactorily during the
period of the preguilty plea program, at the end of that period, the
criminal charge or charges shall be dismissed and the provisions of
Section 1000.4 shall apply.  
   (g) For purposes of this section, a veterans court may operate as
a deferred entry of judgment program. If the defendant is found
eligible, the prosecuting attorney shall file with the court a
declaration in writing or state for the record the grounds upon which
the determination is based, and shall make this information
available to the defendant and his or her attorney. This procedure is
intended to allow the court to set the hearing for deferred entry of
judgment at the arraignment. If the defendant is found ineligible
for deferred entry of judgment, the prosecuting attorney shall file
with the court a declaration in writing or state for the record the
grounds upon which the determination is based, and shall make this
information available to the defendant and his or her attorney. The
sole remedy of a defendant who is found ineligible for deferred entry
of judgment is a postconviction appeal. If the prosecuting attorney
determines that this section may be applicable to the defendant, he
or she shall advise the defendant and his or her attorney in writing
of that determination. This notification shall include all of the
following:  
   (1) A full description of the procedures for deferred entry of
judgment.  
   (2) A general explanation of the roles and authorities of the
probation department, the prosecuting attorney, the program, and the
court in the process.  
   (3) A clear statement that, in lieu of trial, the court may grant
deferred entry of judgment provided that the defendant pleads guilty
to each charge and waives time for the pronouncement of judgment, and
that upon the defendant's successful completion of a program the
positive recommendation of the program authority and the motion of
the prosecuting attorney, the court, or the probation department, the
court shall dismiss the charge or charges against the defendant and
the provisions of Sections 1000.3 and 1000.4 shall apply. 

   (4) A clear statement that upon failure of treatment or condition
under the program the prosecuting attorney or the probation
department or the court on its own may make a motion to the court for
entry of judgment, and the court shall render a finding of guilty to
the charge or charges pled, enter judgment, and schedule a
sentencing hearing.  
   (5) An explanation of criminal record retention and disposition
resulting from participation in the deferred entry of judgment
program and the defendant's rights relative to answering questions
about his or her arrest and deferred entry of judgment following
successful completion of the program.  
   (h) For purposes of this section a veterans court may operate as a
postguilty plea program wherein the defendant has entered a guilty
plea or has been sentenced and is on probation. If the defendant has
performed satisfactorily during the period of the postguilty plea
program, at the end of that period, the criminal charge or charges
may be dismissed.  
   (i) Entry into the veterans court program is voluntary. Once an
individual chooses to enter, the defendant shall comply with the
conditions of participation specified by the court. 

   (j) An individual's duration in the veterans court program shall
not exceed his or her maximum sentence plus probation or parole.
 
  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other 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. 
   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.