BILL ANALYSIS Ó AB 2611 Page 1 GOVERNOR'S VETO AB 2611 (Butler) As Amended August 20, 2012 2/3 vote ----------------------------------------------------------------- |ASSEMBLY: |74-0 |(May 17, 2012) |SENATE: |37-0 |(August 22, | | | | | | |2012) | ----------------------------------------------------------------- ----------------------------------------------------------------- |ASSEMBLY: |80-0 |(August 27, | | | | | | |2012) | | | | ----------------------------------------------------------------- Original Committee Reference: PUB. S. SUMMARY : Authorizes superior courts to implement veterans treatment courts. The Senate amendments : 1)Clarify that veterans' courts are intended to be "treatment" courts. 2)Require, to the maximum extent possible, that veterans who are participating in a veterans' treatment court be referred to the U.S. Department of Veterans Affairs for the purpose of obtaining federal benefits for which they are eligible. 3)Encourage veterans' treatment courts to maintain information and statistics on success rates of the programs. 4)Authorize superior courts to apply for federal grants in order to establish new veterans' treatment courts. 5)Make technical, non-substantive changes. EXISTING LAW : AB 2611 Page 2 1)Provides that in the case of any person convicted of a criminal offense who would otherwise be sentenced to county jail or state prison and who alleges that he or she committed the offense as a result of post-traumatic stress disorder (PTSD), substance abuse, or psychological problems stemming from service in a combat theater in the United States military, the court shall, prior to sentencing, hold a hearing to determine whether the defendant was a member of the military forces of the United States who served in combat and shall assess whether the defendant suffers from PTSD, substance abuse, or psychological problems as a result of that service. 2)States that if the court concludes that a defendant convicted of a criminal offense was a member of the military forces of the United States suffering from PTSD, substance abuse, or psychological problems stemming from service in a combat theater and if the defendant is otherwise eligible for probation and the court places the defendant on probation, the court may order the defendant into a local; state; federal; or private, non-profit treatment program for a period not to exceed that which the defendant would have served in state prison or county jail, provided the defendant agrees to participate in the program and the court determines that an appropriate treatment program exists. 3)Obligates counties to provide mental health treatment services to members of the military forces of the United States suffering from PTSD, substance abuse, or psychological problems stemming from service in a combat theater only to the extent that resources are available for that purpose. If mental health treatment services are ordered by the court, the county mental health agency shall coordinate appropriate referral of the defendant to the county veterans-service officer. The county mental health agency shall not be responsible for providing services outside its traditional scope of services. An order shall be made referring a defendant to a county mental health agency only if that agency has agreed to accept responsibility for the treatment of the defendant. AB 2611 Page 3 AS PASSED BY THE ASSEMBLY , this bill authorized superior courts to implement veterans courts. Specifically, this bill : 1)Allowed superior courts to develop and to implement veterans courts. 2)Made county participation voluntary. 3)Specified that the objectives of veterans courts are: a) Increased 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 or system 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 disorders, 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; c) Improved access to necessary services and support; d) To reduce recidivism; and, e) To reduce the involvement of veterans in the criminal justice system and time in jail by making mental health services available in the least restrictive environment possible while promoting public safety. 4)Stated 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; AB 2611 Page 4 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. 5)Suggested 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; b) The method by which the veterans court ensures that the target population of defendants is 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 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; 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 AB 2611 Page 5 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 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; 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. 6)Suggested that each veterans court team, led by a judicial officer, may 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 candidates for eligibility and suitability in Veterans Administration AB 2611 Page 6 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. 7)Stated legislative intent that a veterans court judge should 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. Stated 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 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 2611 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 the 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." GOVERNOR'S VETO MESSAGE : AB 2611 Page 7 This bill authorizes superior courts to implement veterans treatment courts, and encourages those courts to maintain information and statistics regarding the success rate. A 2008 Rand Corporation study found that nearly 19 percent of Iraq and Afghanistan veterans were reporting symptoms of post-traumatic stress disorder or major depression. I applaud the author's interest in encouraging courts to focus on helping these offenders rather than focusing solely on the punishment. These matters, however, fall logically within the sound discretion of the courts. Veterans treatment courts operate today in 15 counties, including Los Angeles, Orange, San Diego and Ventura. Nine more counties are considering whether to establish one. A bill is not necessary. I urge courts to continue to explore ways to meet the needs of veterans who have served their nation, including establishing a veterans treatment court. Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0005929