BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 2098
          Author:   Levine (D)
          Amended:  5/29/14 in Senate
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  6-0, 6/10/14
          AYES:  Hancock, Anderson, De León, Knight, Liu, Steinberg
          NO VOTE RECORDED:  Mitchell

           ASSEMBLY FLOOR  :  73-0, 4/7/14 - See last page for vote


          SUBJECT  :    Military personnel:  veterans:  sentencing:   
          mitigating 
                      circumstances

           SOURCE  :     Author


           DIGEST  :    This bill requires the court to consider a defendants  
          status as a veteran suffering from post-traumatic stress  
          disorder (PTSD) or other forms of trauma when making specified  
          sentencing determinations.

           ANALYSIS  :    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 PTSD, substance abuse, or  
            psychological problems stemming from service in the United  
            States military, to determine whether the defendant was a  
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            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.

          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 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/her  
            recommendations as to the granting or denying of probation and  
            the conditions of probation, if granted.

          4.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."

          5.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.
           
          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/her military service, as a factor in favor of  
            granting probation. 

          2.Provides that if the court places a defendant because of  
            his/her veteran status the court may order the defendant into  
            a local, state, federal, or private nonprofit treatment  
            program for a period not to exceed that period for which the  







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            defendant would have served in state prison or county jail,  
            provided the defendant agrees to participate in the program  
            and the court determines an appropriate program exists.

          3.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/her military service, as a factor in  
            mitigation when choosing whether to impose the lower, middle,  
            or upper term. 

          4.Provides that this consideration does not preclude the court  
            from considering similar trauma, injury, substance abuse, or  
            mental health problems due to other causes, as evidence or  
            factors in mitigation.

           Comments
           
          According to the author:

               There is a demonstrable link between veterans with mental  
               health problems as a result of their service and increased  
               levels of incarceration.  In spite of this link, California  
               law currently fails to require the consideration of mental  
               health problems associated with military service as a  
               mitigating factor in certain criminal cases.  AB 2098  
               remedies this deficiency. 

               AB 2098 simply requires a court to consider military status  
               and the presence of PTSD, TBI [traumatic brain injury] and  
               other mental health problems induced by that service as  
               factors of mitigation in determinate sentencing. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No

           SUPPORT  :   (Verified  6/10/14)

          California Attorneys for Criminal Justice
          California Council of Community Mental Health Agencies
          California Public Defenders Association
          National Association of Social Workers, California Chapter
          Taxpayers for Improving Public Safety








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           ASSEMBLY FLOOR  :  73-0, 4/7/14
          AYES: Achadjian, Alejo, Ammiano, Atkins, Bigelow, Bonilla,  
            Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,  
            Chávez, Chesbro, Cooley, Dababneh, Dahle, Daly, Dickinson,  
            Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia,  
            Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, Hagman,  
            Hall, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer,  
            Levine, Linder, Logue, Maienschein, Mansoor, Medina, Melendez,  
            Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson,  
            Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Rodriguez,  
            Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber,  
            Wieckowski, Wilk, Williams, Yamada, John A. Pérez
          NO VOTE RECORDED: Allen, Bloom, Bocanegra, Conway, Lowenthal,  
            Ridley-Thomas, Vacancy


          JG:nl  6/11/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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