California Legislature—2013–14 Regular Session

Assembly Concurrent Resolution No. 36

Introduced by Assembly Member Atkins

(Coauthors: Assembly Members Alejo and Chávez)

(Coauthors: Senators Roth and Wolk)

March 18, 2013

Assembly Concurrent Resolution No. 36—Relative to veterans.

LEGISLATIVE COUNSEL’S DIGEST

ACR 36, as introduced, Atkins. Veterans: treatment courts and treatment review calendars.

This measure would encourage all superior courts to consider establishing veterans treatment courts or veterans treatment review calendars to assist troubled veterans who have service-related mental health issues.

Fiscal committee: no.

WHEREAS, Historically, the State of California has honored
the noble sacrifices that members of the Armed Forces have made
to protect our freedoms by providing veterans and members of the
Armed Forces certain benefits and rehabilitative services; and

WHEREAS, California has the largest United States veteran
population in the nation, comprised of approximately 2 million
armed services veterans, which is 12.3 percent of the nationwide
veteran population of nearly 25 million veterans; and

WHEREAS, There are approximately 180,000 Operation
Enduring Freedom/ Operation Iraqi Freedom (OEF/OIF) theatre
veterans in California and 30,000 veterans are returning to
California each year; and

WHEREAS, Studies have shown that combat services may exact
a tremendous psychological toll on members of the Armed Forces
who are faced with the constant threat of death or injury over an
extended period of time; and

WHEREAS, Researchers have shown that a significant number
of the 1,600,000 members of the Armed Forces who have served
in Iraq or Afghanistan have, or will suffer from, as a result of their
military service, mental health injuries, such as post-traumatic
stress disorder, traumatic brain injury, depression, anxiety, and
acute stress; and

WHEREAS, Some studies have shown that as much as 20
percent of the United States veterans who served in Iraq and
Afghanistan are returning home with signs of post-traumatic stress
disorder or other mental illnesses. Traumatic brain injury often
accompanies post-traumatic stress disorder; and

WHEREAS, Both physical and mental combat-related injuries
often lead to the use of drugs and alcohol to cope with such injuries,
which often leads to encounters with the criminal justice system
that would not have otherwise occurred without the combat-related
injury; and

WHEREAS, The vast majority of returning members of the
Armed Forces do not have contact with the criminal justice system,
and most veterans and members of the military are well-adjusted,
contributing members of society, but psychiatrists and law
enforcement officials agree that combat-related injuries have led
to instances of these service members becoming involved with the
criminal justice system; and

WHEREAS, Recently, 12 percent of OIF/OEF veterans surveyed
reported criminal justice involvement beyond a minor traffic
violation. However, only 3 percent of veterans reported having
both knowledge of and access to veterans treatment courts, veterans
treatment review calendars, or diversion programs from prison
available pursuant to Section 1170.9 of the Penal Code; and

WHEREAS, A goal of veterans treatment courts and veterans
treatment review calendars is to reduce further criminal behavior.
This is done to keep troubled veterans out of prison, if they have
service-related mental health problems and they allege that the
criminal behavior resulted from these problems; and

WHEREAS, It is the purpose of veterans treatment courts and
veterans treatment review calendars in California to enhance public
safety by providing a judicially supervised regimen of treatment
intervention to serve involved veterans with unique mental health
conditions and other problems stemming from military service;
and

WHEREAS, As a grateful state, we must continue to honor the
military service of our men and women by attempting to provide
them with an alternative to incarceration when feasible, permitting
them instead to access proper treatment for mental health and
substance abuse problems resulting from military service; and

WHEREAS, The Legislature finds that it is in the best interests
of California citizens to assist veterans and members of the Armed
Forces involved in the criminal justice system who have a
military-related injury. In order to achieve this end, the Legislature
has encouraged the establishment of veterans treatment courts and
veterans treatment review calendars to address the unique
challenges veterans face as a result of their honorable service.
Currently there are 13 counties in California with operational
veterans treatment courts or veterans treatment review calendars;
now, therefore, be it

Resolved by the Assembly of the State of California, the Senate
thereof concurring, That the Legislature is not seeking to impart
mandates that would stifle innovation, but instead intends to
promote a framework within which the superior court in each
county has the flexibility to develop a constructive model that
works best locally to achieve positive outcomes; and be it further

Resolved, That the Legislature encourages all superior courts
to consider establishing veterans treatment courts or veterans
treatment review calendars within their jurisdictions to assist
troubled veterans who have service-related mental health issues
to turn their lives around by identifying them, assessing their needs,
connecting them with needed services, and managing their care;
and be it further

Resolved, That the Chief Clerk of the Assembly transmit copies
of this resolution to the author for appropriate distribution.