BILL ANALYSIS Ó
AB 2098
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ASSEMBLY THIRD READING
AB 2098 (Levine)
As Amended March 24, 2014
Majority vote
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Melendez, |
| |Jones-Sawyer, Quirk, |
| |Skinner, Stone, Waldron |
| | |
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SUMMARY : Requires the court to consider a defendant's status as
a veteran suffering from post-traumatic stress disorder (PTSD)
or other forms of trauma when making specified sentencing
determinations. Specifically, this bill :
1)Requires the court to consider a defendant's status as a
veteran suffering from sexual trauma, traumatic brain injury,
PTSD, substance abuse, or other mental health problems as
result of his or her military service, as a factor in favor of
granting probation.
2)Requires the court to consider a defendant's status as a
combat veteran suffering from sexual trauma, traumatic brain
injury, PTSD, substance abuse, or other mental health problems
as a result of his or her military service, as a factor in
mitigation when choosing whether to impose the lower, middle,
or upper term.
EXISTING LAW :
1)Requires the court, in the case of a 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, to determine whether the defendant was a member of
the military who served in combat and to 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 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)Requires the court, in any case involving a felony for which
the defendant is eligible for probation, to refer the matter
to the probation officer to prepare a report "including his or
her recommendations as to the granting or denying of probation
and the conditions of probation, if granted."
4)Lists criteria affecting the decision to grant or deny
probation, including facts relating to the crime and facts
relating to the defendant, as specified.
5)Sets forth specified circumstances and offenses which make the
defendant absolutely ineligible for probation.
6)Sets forth specified circumstances and offenses in which the
defendant is presumptively ineligible for probation and in
which probation cannot be granted "except in unusual cases
where the interests of justice would best be served."
7)Lists factors that may indicate the existence of unusual
circumstances warranting probation eligibility for offenses
deemed presumptively ineligible.
8)Provides that when a judgment of imprisonment is to be imposed
and the statute specifies three possible terms, the choice of
the appropriate term rests within the sound discretion of the
court.
9)Provides that, in exercising discretion to select one of the
three authorized prison terms referred to in Penal Code
Section 1170(b), "the sentencing judge may consider
circumstances in aggravation or mitigation, and any other
factor reasonably related to the sentencing decision. The
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relevant circumstances may be obtained from the case record,
the probation officer's report, other reports and statements
properly received, statements in aggravation or mitigation,
and any evidence introduced at the sentencing hearing."
10)Enumerates circumstances in aggravation, relating both to the
crime and to the defendant, as specified.
11)Enumerates circumstances in mitigation, relating both to the
crime and to the defendant, as specified.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "Of the 2.6 million
Americans returning from service in Iraq and Afghanistan as many
as 20% have PTSD. One of the unfortunate consequences of PTSD
is an increased propensity for criminal behavior. This is
tragically borne out by the fact that among incarcerated
veterans, veterans from the most recent conflict are three times
more likely to have combat-related PTSD. There is a clear
connection between PTSD and other combat related mental health
problems and incarceration. As a state, we must do more to
recognize the role these mental health problems can play in
criminal activity. AB 2098 recognizes this by adding service
induced mental health issues to the list of factors that must be
weighed in determinate sentencing cases."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0003105