BILL ANALYSIS Ó AB 201 Page 1 GOVERNOR'S VETO AB 201 (Butler) As Introduced January 27, 2011 2/3 vote PUBLIC SAFETY 6-0 ----------------------------------------------------------------- | |Ammiano, Knight, Cedillo, | | | | |Hagman, Hill, Yamada | | | | | | | | | | | | | |Ayes:| | | | | | | | | | | | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |ASSEMBLY: |74-0 |(May 5, 2011) |SENATE: |37-0 |(July 11, | | | | | | |2011) | | | | | | | | ----------------------------------------------------------------- SUMMARY : Authorizes superior courts to develop and implement veterans courts. Specifically, this bill : 1)States that the objective of the veterans courts are: a) Increase cooperation between the courts, criminal justice, veterans, and substance abuse programs; b) Create a dedicated calendar or a locally developed collaborative court-supervised veterans mental health program or system that will lead to placement of as many mentally ill offenders who are veterans of the United States (U.S.) military, including those with post-traumatic stress disorders, traumatic brain injury, military sexual trauma, substance abuse, or any mental health problem stemming from AB 201 Page 2 United States 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 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. 2)States that the veterans court may have the following characteristics: a) Leadership by a superior court judicial officer assigned by the presiding judge; b) Enhanced accountability by combining judicial supervision with rehabilitation service 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. 3)Suggests guidelines for creating veterans courts, including: a) One stakeholder should be a veteran who is a criminal justice client and has experience with mental illness; AB 201 Page 3 b) The method by which the veterans court ensures that the target population of defendants are identified and referred to the veterans court; c) The method for assessing defendants who are veterans for serious mental illness and co-occurring disorders; d) 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; e) The elements of the treatment and supervision programs; f) Standards for continuing participation in, and successful completion of, the veterans court program; g) 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; h) The process to ensure defendants will receive the appropriate level of treatment series 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 specified; i) The process for developing or modifying a treatment plan for each defendant, based on a formal assessment of the AB 201 Page 4 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; j) The process for referring cases to the veterans court; and, aa) The defendant's voluntary entry into the veterans court, and the process for explaining these rights to the defendant. 4)Suggests that each veterans court team, led by a judicial officer include a judicial officer to preside over the court, a prosecutor, a public defender, a county mental health liaison, a substance abuse liaison, a county veterans' service officer, a 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. This team shall 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. 5)States 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. States legislative intent 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, the components of these offense-specific counseling terms shall be AB 201 Page 5 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. FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : According to the author, "AB 201 will promote the development of Veterans' Courts throughout the state by strongly encouraging the Judicial Council to develop practices and identify resources for the purposes of facilitating veterans' courts in counties. In addition, this bill strongly encourages the Judicial Council to develop a compendium of resources to assist all collaborative courts to understand the unique circumstances that affect veterans." Please see the policy committee analysis for a full discussion of this bill. GOVERNOR'S VETO MESSAGE This measure would authorize superior courts to establish dedicated programs to serve eligible veterans of the United States military. While the provisions of this bill are well-intended, they create a clear expectation that our courts - already struggling with painful budget cuts - will establish a new program. Given current budgetary constraints, the decision to adopt this kind of program - something already within the courts' authority - is better left to the sound discretion of the judiciary. Analysis Prepared by : Milena Nelson / PUB. S. / (916) 319-3744 AB 201 Page 6 FN: 0001749