BILL ANALYSIS                                                                                                                                                                                                    Ó


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                                 UNFINISHED BUSINESS

          Bill No:  SB 1110
          Author:   Jackson (D)
          Amended:  7/3/14
          Vote:     21

           SENATE PUBLIC SAFETY COMMITTEE  :  6-0, 4/29/14
          AYES:  Hancock, Anderson, Knight, Liu, Mitchell, Steinberg
          NO VOTE RECORDED:  De León

           SENATE FLOOR  :  35-0, 5/8/14 (Consent)  
          AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett,  
            Correa, De León, DeSaulnier, Evans, Fuller, Galgiani, Hancock,  
            Hernandez, Hill, Hueso, Huff, Jackson, Lara, Leno, Lieu, Liu,  
            Mitchell, Monning, Morrell, Nielsen, Padilla, Pavley, Roth,  
            Steinberg, Torres, Vidak, Walters, Wolk, Wyland
          NO VOTE RECORDED: Calderon, Gaines, Knight, Wright, Yee

           ASSEMBLY FLOOR  :  78-0, 8/14/14 (Consent) - See last page for  

           SUBJECT  :    Arraignment:  military and veteran status:  forms

           SOURCE  :     AMVETS, Department of California
                      Vietnam Vets of America

           DIGEST  :    This bill 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.



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           Assembly Amendments  require the courts to inform defendants  
          about the treatment and restorative relief programs available to  
          eligible active duty military or veterans upon their  
          arraignment, and require the Judicial Council to revise its  
          military service form to include information about these  
          programs available to these veterans.

           ANALYSIS  :    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/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. 
           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  



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            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/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/she should  
            consult with counsel before submitting the form and that  
            he/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  
            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. 

          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  

          "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  



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          incarceration, and ensure that defendants' underlying conditions  
          are addressed."  
           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  

           SUPPORT :   (Verified  8/15/14)

          AMVETS, Department of California (co-source) 
          Vietnam Vets of America (co-source) 
          American Legion-Department of California
          California Association of County Veterans Service Officers
          California Attorneys for Criminal Justice
          California Public Defenders Association
          Veterans Caucus of the California Democratic Party
          Veterans of Foreign Wars - Department of California

           OPPOSITION  :    (Verified  8/15/14)

          Department of Finance

           ARGUMENTS IN OPPOSITION  :    The Department of Finance is opposed  
          to the bill stating, "it may create a reimbursable state mandate  
          with unknown, but potentially significant General Fun costs by  
          requiring court veterans service officers to provide  
          confirmation of the defendant's military service to the court."  
           ASSEMBLY FLOOR  : 78-0, 08/14/14
          AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,  
            Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,  
            Gorell, Gray, Grove, Hagman, Hall, Harkey, Holden, Jones,  
            Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,  
            Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian,  
            Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V.  
            Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,  
            Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,  
            Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
          NO VOTE RECORDED: Roger Hernández, Vacancy

          JG:nl  8/15/14   Senate Floor Analyses 



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                           SUPPORT/OPPOSITION:  SEE ABOVE

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