BILL NUMBER: AB 201	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JULY 11, 2011
	PASSED THE ASSEMBLY  MAY 5, 2011

INTRODUCED BY   Assembly Member Butler

                        JANUARY 27, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 201, Butler. 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 provide that county participation is voluntary. The
bill would declare the intent of the Legislature that, where there
are statutory requirements for certain education or counseling
programs to be included in the terms of probation, the components of
those counseling terms would be required to be incorporated into the
treatment programs that are designed to treat the underlying
psychological disorders rather than requiring them in lieu of the
psychological treatments.


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. Participation by a county shall be
voluntary.
   (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 may have 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 county and court
stakeholders through a collaborative process may develop a plan that
uses this section as a guideline. It is recommended that 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 should
consider incorporating as many of the following components as
feasible:
   (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 all service providers and stakeholders to receive
initial and ongoing training from county departments and community
stakeholders with specialized knowledge about veterans' treatment and
service needs, such as the county health department, county veterans
officers, county drug and alcohol department, and Veterans
Administration partners, and the need 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 with emphasis on maximizing federally
funded services from the Veterans Administration and the Department
of Veterans Affairs, as well as the county and other local mental
health and substance abuse treatment services 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,
led by a judicial officer, may, to the extent feasible, 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, probation officer,
and a Veterans Administration social worker to assist the court with
screening veterans court candidates for eligibility and suitability
in Veterans Administration funded programs. 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 the purposes of this section, it is the intent of the
Legislature 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. It is the intent of the Legislature
in enacting this section to augment rather than replace other
sections within this code. 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 under Section
23152 of the Vehicle Code or domestic violence offenders under
Section 273.5 of the Penal Code, the components of these
offense-specific counseling terms shall be incorporated into the
treatment programs that are designed to treat the underlying
psychological disorders rather than required in lieu of the
psychological treatments. This holistic approach ensures that the
priority underlying offense is treated and that offense-specific
education and counseling aims are met.