BILL ANALYSIS Ó
AB 2611
Page 1
GOVERNOR'S VETO
AB 2611 (Butler)
As Amended August 20, 2012
2/3 vote
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|ASSEMBLY: |74-0 |(May 17, 2012) |SENATE: |37-0 |(August 22, |
| | | | | |2012) |
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|ASSEMBLY: |80-0 |(August 27, | | | |
| | |2012) | | | |
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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
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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.
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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
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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
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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
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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 :
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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