BILL ANALYSIS                                                                                                                                                                                                    



                                                                 
           AB 1925
                                                                 Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1925 (Salas)
          As Amended  August 2, 2010
          Majority vote
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |76-0 |(June 2, 2010)  |SENATE: |34-0 |(August 11,    |
          |           |     |                |        |     |2010)          |
           ----------------------------------------------------------------- 
            
           Original Committee Reference:    PUB. S.  

           SUMMARY  :   Authorizes superior courts to develop and implement  
          preguilty plea programs, deferred entry of judgment (DEJ)  
          programs, and/or postguilty plea veterans court programs.

           The Senate amendments  :  

          1)State legislative intent that a veterans court judge use a  
            variety of options for carrying out the goal to ensure  
            long-term public safety by maximizing the opportunities for  
            veterans with psychological war wounds to get timely and  
            appropriate treatment.  Legislative intent in enacting this  
            section is to augment, rather than replace, other sections, as  
            specified.  The judicial officer has a variety of tools  
            available to reach these goals and shall exercise discretion  
            and use all tools available to ensure public safety and assist  
            defendants to successfully complete appropriate treatment for  
            the problems underlying their offenses.  Where there are  
            statutory requirements for certain education or counseling  
            programs to be included in the terms of probation, for  
            example, first-conviction programs for  
            driving-under-the-influence offenders or domestic violence  
            offenders, the components of these offense-specific counseling  
            terms shall be incorporated into treatment programs designed  
            to treat the underlying psychological disorders rather than  
            required in lieu of the psychological treatments.  This  
            approach ensures that the priority underlying offense is  
            treated and that offense-specific education and counseling  
            aims are met.

          2)Emphasize the use of federally funded services from the  
            Veterans Administration and the Department of Veterans  
            affairs.








                                                                 
           AB 1925
                                                                  Page  2


          3)Make other technical, non-substantive changes.

           AS PASSED BY THE ASSEMBLY,  this bill authorized superior courts  
          to develop and implement preguilty plea programs, DEJ programs,  
          and/or postguilty plea veterans court programs for serious and  
          violent felonies.  Specifically,  this bill  :

          1)Allowed superior courts to develop and implement veterans  
            courts.  Participation by a county shall be voluntary, but a  
            county that chooses to participate shall conform its  
            participation to this chapter.

          2)Provided that a veterans court shall have the following  
            objectives:

             a)   Increase cooperation between the courts, criminal  
               justice, veterans, and substance abuse systems;

             b)   Creation of a dedicated calendar or a locally developed  
               collaborative court-supervised veterans mental health  
               program 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 (PTSD),  
               traumatic brain injury, military sexual trauma, substance  
               abuse, or any mental health problem stemming from United  
               States (U.S.) military service, in community treatment, as  
               is feasible and consistent with public safety;

             c)   Improve access to necessary services and support;

             d)   Reduce recidivism; and,

             e)   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.

          3)Required that all veterans courts shall have the following  
            characteristics:

             a)   Leadership by a superior court judicial officer assigned  
               by the presiding judge;









                                                                 
           AB 1925
                                                                  Page  3

             b)   Enhanced accountability by combining judicial  
               supervision with rehabilitation services that are  
               rigorously monitored and focused on recovery;

             c)   A problem-solving focus;

             d)   A team approach to decision making;

             e)   Integration of social and treatment services;

             f)   Judicial supervision of the treatment process, as  
               appropriate;

             g)   Community outreach efforts; and,

             h)   Direct interaction between defendant and judicial  
               officer.

          4)Mandated that 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; if a county chooses to participate, the  
            county and court stakeholders, through a collaborative process  
            with these stakeholders, shall develop a plan 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.  The plan shall address at a  
            minimum all of the following components:

             a)   The method by which the veterans court ensures that the  
               target population of defendants are identified and referred  
               to the veterans court;

             b)   The method for assessing defendants who are veterans for  
               serious mental illness and co-occurring disorders;

             c)   Eligibility criteria specifying what factors make the  
               defendant eligible to participate in the veterans court,  
               including service in the U.S. military, the amenability of  
               the defendant to treatment and the facts of the case, as  
               well as prior criminal history, U.S. military service  
               history, and mental health and substance abuse treatment  
               history.









                                                                 
           AB 1925
                                                                  Page  4

             d)   The elements of the treatment and supervision in  
               programs;

             e)   Standards for continuing participation in, and  
               successful completion of, the veterans court program;

             f)   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;

             g)   The process to ensure defendants will receive the  
               appropriate level of treatment services, 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;

             h)   The process for developing or modifying a treatment plan  
               for each defendant, based on a formal assessment of the  
               defendant's mental health, U.S. 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;

             i)   The process for referring cases to the veterans court;  
               and,

             j)   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.

          5)Required veterans programs to be led by a judicial officer and  
            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.








                                                                 
           AB 1925
                                                                  Page  5


          6)Allowed a veterans court to operate as a pre-guilty 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 pre-guilty plea program, the court shall  
            reinstate the criminal charge or charges.  If the defendant  
            has performed satisfactorily during the period of the  
            pre-guilty plea program, at the end of that period, the  
            criminal charge or charges shall be dismissed.

          7)Allowed a veterans court to operate as a DEJ 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 DEJ,  
            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 DEJ is a post-conviction 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:

             a)   A full description of the procedures for DEJ;

             b)   A general explanation of the roles and authorities of  
               the probation department, the prosecuting attorney, the  
               program, and the court in the process;

             c)   A clear statement that, in lieu of trial, the court may  
               grant DEJ provided that the defendant pleads guilty to each  








                                                                 
           AB 1925
                                                                  Page  6

               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;

             d)   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;  
               and,

             e)   An explanation of criminal record retention and  
               disposition resulting from participation in the DEJ program  
               and the defendant's rights relative to answering questions  
               about his or her arrest and DEJ following successful  
               completion of the program.

          8)Allowed the veterans court to operate as a post-guilty 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 post-guilty  
            plea program, at the end of that period, the criminal charge  
            or charges may be dismissed.

          9)Made 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.

          10)Prohibited an individual's duration in the veterans court  
            program to exceed his or her maximum sentence plus probation  
            or parole.
           
          FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :  According to the author, "Veterans with  
          combat-related mental illness in the criminal justice system  
          often face unique challenges which traditional courts are often  
          ill-equipped to address.  AB 1925 modifies the California Penal  
          Code to better address the particular needs of veterans by  








                                                                 
           AB 1925
                                                                  Page  7

          providing a template for the creation of new veterans courts  
          throughout the state.  AB 1925 sets the stage for the  
          formalization of relationships between judges, district  
          attorneys, public defenders, veterans' service agencies,  
          residential treatment organizations, and others.  AB 1925  
          standardizes the structure of veterans' courts and establishes a  
          clear process for the formation of new courts, while maintaining  
          local control over the establishment of these courts."

          Please see the policy committee for a full discussion of this  
          bill.
           

          Analysis Prepared by  :    Nicole J. Hanson / PUB. S. / (916)  
          319-3744 
                                                                 

                                                                 FN:  
          0005519