BILL ANALYSIS
SENATE COMMITTEE ON VETERANS AFFAIRS
JEFF DENHAM, CHAIRMAN
Bill No: AB 1925
Author: Salas
Version: As proposed
Hearing Date: June 22, 2010
Fiscal: Yes
SUBJECT OF BILL
Veterans' Courts.
PROPOSED LAW
1. Allow veterans' courts to be established statewide.
EXISTING LAW AND BACKGROUND
1. Many veterans who returned home from Vietnam were
found on skid rows across America a decade later and
then diagnosed with post traumatic stress disorder
(PTSD).
2. The lack of diagnosis and treatment for PTSD
condemned many to a life most would have not chose to
follow. Many have committed suicide or gotten into
trouble with the law.
3. Some veterans returning home now not only have PTSD
but also traumatic brain injury (TBI). Both diseases
have the potential to put veterans who are currently
returning home in the same position as many of those
who returned from Vietnam. Veterans' advocates have
vowed to not let the same thing happen to this
generation of veterans.
4. In 2000, California's Proposition 36 created
diversionary courts, where records are expunged, for
drug offenders in order to seek alternative
treatments. Advocates are declaring victory and that
the courts work.
5. Veterans returning home now that are getting in
legal trouble or facing substance abuse problems are
usually those suffering from PTSD and/or TBI.
Veterans' advocates are hoping that by using a
specialty court model rather than diversionary court
and treating the root cause rather than the criminal
symptom, something can be done to prevent another lost
and wounded generation of veterans.
6. Earlier this year, the Army announced that the
number of soldiers lost to suicide since 9/11 had
surpassed those lost in Afghanistan.
7. On their own counties such as Orange, San Diego,
and Santa Clara have established pilot veteran court
programs.
8. SB 851 (Steinberg), of the 2007-08 Legislative
Session, would have authorized superior courts to
develop and implement mental health courts, which may
operate as a preguilty plea program, a deferred entry
of judgment program, and/or a parolee mental health
court program. SB 851 passed the Legislature but was
vetoed.
In his veto message, the Governor stated:
"Although the provisions of this bill are to be
implemented contingent upon the availability of funds,
this bill would place a tremendous cost pressure on
the General Fund to increase mental health services
provided to inmates and parolees. The California
Department of Corrections and Rehabilitation estimates
annual costs for the staff necessary to implement this
bill would exceed $14 million annually.
"While I agree that more efforts need to be made to
ensure that prisoners with mental health issues
receive appropriate treatment, this bill allows people
who have committed crimes to avoid punishment
completely because of a mental health issue. This
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bill would also enable a defendant to not enter a plea
or make an admission of guilt.
"The mental health courts model specified in this bill
is an important component of public safety and for
managing our criminal justice system and I hope that
the author will continue to work on mental health
issues, especially as it relates to mentally ill
criminal offenders so that California can
reduce recidivism rates and provide proper treatment
for healthier citizens."
COMMENT
1. According to the author's office, this bill is
intended to get veterans treatment instead of
incarceration when that action is consistent with
public safety.
2. This committee has been working on a code rewrite
with one of the purposes being to create a court for
veterans. In the future this committee will seek to
place this language in the Military and Veterans'
Code.
3. Some clean up amendments need to be taken in this
committee.
PRIOR ACTIONS
Assembly Public Safety 7-0
Assembly Appropriations 17-0
Assembly Floor 76-0
SUPPORT
American Legion, Department of California
American Legion Post 111, Healdsburg
AMVETS Post 40 of Sonoma County
AMVETS, Department of California
CA Association of County Veterans Service Officers (CVSO)
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California Attorneys for Criminal Justice
California Psychiatric Association
California Psychological Association
California Public Defenders Association
California State Commanders Veterans Council
National Alliance on Mental Illness California Chapter
VA San Diego Healthcare System
Veterans of Foreign Wars, Department of California
Vietnam Veterans of America, California State Council
OPPOSE
None received
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