BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1110
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          SENATE THIRD READING
          SB 1110 (Jackson)
          As Amended  June 16, 2014
          Majority vote 

           SENATE VOTE  :35-0  
           
           PUBLIC SAFETY       7-0                                         
           
           -------------------------------- 
          |Ayes:|Ammiano, Melendez,        |
          |     |Jones-Sawyer, Quirk,      |
          |     |Skinner, Stone, Waldron   |
          |     |                          |
           -------------------------------- 
           SUMMARY  :  Requires the court to identify a defendant as an  
          active member or veteran of the military at arraignment.   
          Specifically,  this bill  :  

          1)Requires a magistrate to inquire about a defendant's current  
            or past military status if he or she is represented by  
            counsel.

          2)Provides that a defendant may decline to provide the  
            information without penalty.

          3)States that if the defendant acknowledges military service,  
            the Judicial Council form for notification of military status  
            shall be filed and served on defense counsel and the  
            prosecuting attorney for future reference related to the  
            provisions of Penal Code Section 1170.9.  

          4)Requires that a copy of the Judicial Council form for  
            notification of military status be transmitted to the county  
            Veterans Services Officer for confirmation of military  
            service.

          5)Prohibits the magistrate from inquiring about a defendant's  
            military status if he or she appears at arraignment without  
            counsel, but requires the court to advise the defendant that  
            certain current or former members of the military are eligible  
            for specific forms of restorative relief under the Penal Code.

           EXISTING LAW  : 








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          1)Provides that when a defendant is brought before the  
            magistrate upon an arrest, either with or without warrant, on  
            a charge of having committed a public offense, the magistrate  
            must immediately inform him or her of the charge against him  
            or her and of his or her right to the aid of counsel in every  
            stage of the proceedings.

          2)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.

          3)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, nonprofit 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.

           FISCAL EFFECT :  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel.

           COMMENTS  :  According to the author, "Penal Code [Section] 1170.9  
          is a groundbreaking law designed to give our most traumatized  
          soldiers a chance to confront and overcome the wounds of war.   
          It directs courts to consider treatment rather than  
          incarceration when sentencing a defendant who serves or who has  
          served in the military.

          "SB 1110 would identify the military and veterans status of  
          defendants at arraignment, the first stage in the court process,  
          so that those who are eligible may be considered for treatment  








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          rather than incarceration under Penal Code [Section] 1170.9.  SB  
          1110 would save taxpayer money, prevent crime and unnecessary  
          incarceration, and ensure that defendants' underlying conditions  
          are addressed."  

           Please see the policy committee analysis for a full discussion  
          of this bill.
           

          Analysis Prepared by  :    Sandy Uribe / PUB. S. / (916) 319-3744 


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