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