BILL ANALYSIS �
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THIRD READING
Bill No: ACR 36
Author: Atkins (D), et al.
Amended: 5/9/13 in Assembly
Vote: 21
SUBJECT : Veterans: treatment courts and treatment review
calendars
SOURCE : Vietnam Veterans of America - California State
Council
DIGEST : This resolution encourages 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.
ANALYSIS :
Existing law:
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 PTSD, substance abuse, or
psychological problems stemming from service in a combat
theater in the United States military, the court should,
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 assess whether the defendant
suffers from PTSD, substance abuse, or psychological problems
as a result of that service.
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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 must coordinate appropriate
referral of the defendant to the county veterans' service
officer. The county mental health agency is not responsible
for providing services outside its traditional scope of
services. An order can only 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.
This resolution makes the following legislative findings:
1. 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.
2. 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.
3. Researchers have shown that a significant number of the 1.6
million members of the Armed Forces who have served in Iraq
or Afghanistan have, or will suffer from, as a result of
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their military service, mental health injuries, such as
post-traumatic stress disorder (PTSD), traumatic brain
injury, depression, anxiety, and acute stress.
4. 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.
5. Recently, 12% of Operation Iraqi Freedom/Operation Enduring
Freedom (OIF/OEF) veterans surveyed reported criminal justice
involvement beyond a minor traffic violation. However, only
3% 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 Penal Code Section 1170.9.
6. 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.
7. 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.
This resolution states 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
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.
Comments
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According to the author's office, California has the largest
veteran population of any state with approximately 2 million
veterans and 160,000 combat veterans from Iraq and Afghanistan
and 30,000 combat veterans expected to return every year for the
foreseeable future. As many as 20% of these returning veterans
have shown signs of mental illness, and many often turn to drugs
and alcohol to cope with their injuries. Veterans with service
related mental health injuries may come into contact with the
criminal justice system as they turn to petty criminal behavior
to support a drug or alcohol addiction.
Veterans' treatment Courts identify veterans who have struggled
with service related mental health injuries and connect them to
the services they need to help turn their lives around. This
resolution memorializes the Legislature's position that every
veteran in California should have access to a veteran treatment
court.
Prior Legislation
AB 201 (Butler, 2011) would have authorized veteran treatment
courts but establishment of such courts was expressly voluntary.
AB 201 said, in pertinent part, "Penal Code Section 1001.95.
(a) Superior courts are hereby authorized to develop and
implement veterans' courts. Participation by a county will be
voluntary." The bill was vetoed by Governor Brown.
FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 5/15/13)
Vietnam Veterans of America - California State Council (source)
California Association of County Veterans Service Officers
California State Commanders Veterans Council
Veterans of Foreign Wars - Department of California
AL:d 5/15/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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