BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1110
                                                                  Page  1

          SENATE THIRD READING
          SB 1110 (Jackson)
          As Amended  July 3, 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 inform defendants at arraignment  
          about the availability of restorative relief provisions for  
          defendants that are current or former members of the military.   
          Specifically,  this bill  :  

          1)Requires the Judicial Council to revise its military service  
            form to include information explaining restorative relief  
            provisions of the Penal Code applying to defendants having  
            active duty or veteran military status, as well as the contact  
            information for the county veterans' service office.

          2)Specifies that "active duty or veteran status" includes active  
            military duty service, reserve duty service, national guard  
            service, and veteran status.

          3)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.

          4)Requires the court to advise the defendant that he or she may  
            request a copy of the Judicial Council form for notification  
            of military status which explains those rights.

          5)Requires the court to advise the defendant that he or she  
            should consult with counsel before submitting the form and  
            that he or she may decline to provide the information without  
            penalty.

          6)States that if the defendant files the form for notification  
            of military status, then the form shall be served on defense  








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            counsel and the prosecuting attorney to determine eligibility  
            for veterans' restorative relief.  

          7)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, and to the Department of Veterans Affairs.

          EXISTING LAW  : 

          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  








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          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  
          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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