BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2098| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 Page 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 Page 3 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 Page 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 **** END ****