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
CONTINUED
AB 2098
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2
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
AB 2098
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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
AB 2098
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4
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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