SB 1227, as introduced, Hancock. Diversion: members of the military.
Under existing law, prosecution of an offense filed as a misdemeanor may be postponed, either temporarily or permanently, at any point in the judicial process from the point at which the accused is charged until adjudication, for the person charged to participate in a diversion program for the treatment of problem drinking or alcoholism. Additionally, prosecution may be postponed in other instances, including first-time, nonviolent felony drug offenses and for defendants with cognitive developmental disabilities.
This bill would authorize the court, with the consent of the defendant and a waiver of the defendant’s speedy trial right, to postpone prosecution, either temporarily or permanently, of a misdemeanor or a felony for which a sentence would be served in a county jail if the defendant was, or currently is, a member of the United States military and if he or she may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service. The bill would authorize the defendant to be referred to services for treatment and would require the responsible agencies to report to the court and the prosecution not less than every 6 months. By increasing the duties of local county mental health authorities and local prosecutors, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Chapter 2.9C (commencing with Section 1001.80)
2is added to Title 6 of Part 2 of the Penal Code, to read:
3
(a) This chapter shall apply whenever a case is before
7a court on an accusatory pleading alleging the commission of a
8misdemeanor offense or a felony offense punishable pursuant to
9subdivision (h) of Section 1170, and both of the following apply
10to the defendant:
11(1) The defendant was, or currently is, a member of the United
12States military.
13(2) The defendant may be suffering from sexual trauma,
14traumatic brain injury, post-traumatic stress disorder, substance
15abuse, or mental health problems as a result of his or her military
16service. The court may request, using existing resources, an
17assessment to aid in the determination that this paragraph applies
18to a defendant.
19(b) If the court determines that a defendant charged with an
20applicable offense under this chapter is a person described in
21subdivision (a), the court, with the consent of the defendant and a
22waiver of the defendant’s speedy trial right, may place the
23defendant in a pretrial diversion program, as defined in subdivision
24(k).
25(c) If it appears to the court that the defendant is performing
26unsatisfactorily in the assigned program, or that the defendant is
27not benefiting from the treatment and services provided under the
28diversion program, after notice to the defendant, the court shall
P3 1hold a hearing to determine whether the criminal proceedings
2should be reinstituted. If the court finds that the defendant is not
3performing satisfactorily in the assigned program, or that the
4defendant is not benefiting from diversion, the court may end the
5diversion and order resumption of the criminal
proceedings. If the
6defendant has performed satisfactorily during the period of
7diversion, at the end of the period of diversion, the criminal charges
8shall be dismissed.
9(d) If a referral is made to the county mental health authority
10as part of the pretrial diversion program, the county shall be
11obligated to provide mental health treatment services only to the
12extent that resources are available for that purpose, as described
13in paragraph (5) of subdivision (b) of Section 5600.3 of the Welfare
14and Institutions Code. If mental health treatment services are
15ordered by the court, the county mental health agency shall
16coordinate appropriate referral of the defendant to the county
17veterans service officer, as described in paragraph (5) of
18subdivision (b) of Section 5600.3 of the Welfare and Institutions
19Code. The county mental health agency shall not be responsible
20for providing services outside its traditional scope of services. An
21order shall be
made referring a defendant to a county mental health
22agency only if that agency has agreed to accept responsibility for
23the treatment of the defendant.
24(e) When determining the requirements of a pretrial diversion
25program pursuant to this chapter, the court shall assess whether
26the defendant should be ordered to participate in a federal or
27community-based treatment service program with a demonstrated
28history of specializing in the treatment of mental health problems,
29including substance abuse, post-traumatic stress disorder, traumatic
30brain injury, military sexual trauma, and other related mental health
31problems.
32(f) The court, in making an order pursuant to this section to
33commit a defendant to an established treatment program, shall
34give preference to a treatment program that has a history of
35successfully treating veterans who suffer from sexual trauma,
36traumatic brain injury,
post-traumatic stress disorder, substance
37abuse, or mental health problems as a result of military service,
38including, but not limited to, programs operated by the United
39States Department of Defense or the United States Department of
40Veterans Affairs.
P4 1(g) The court and the assigned treatment program may
2collaborate with the Department of Veterans Affairs and the United
3States Department of Veterans Affairs to maximize benefits and
4services provided to the veteran.
5(h) The period during which criminal proceedings against the
6defendant may be diverted shall be no longer than two years. The
7responsible agency or agencies shall file reports on the defendants
8progress in the diversion program with the court and with the
9prosecutor not less than every six months.
10(i) A record filed with the Department of Justice shall
indicate
11the disposition in those cases diverted pursuant to this chapter.
12Upon successful completion of a diversion program, the arrest
13upon which the diversion was based shall be deemed to have never
14occurred. The defendant may indicate in response to a question
15concerning his or her prior criminal record that he or she was not
16arrested or diverted for the offense, except as specified in
17subdivision (j). A record pertaining to an arrest resulting in
18successful completion of a diversion program shall not, without
19the defendants consent, be used in any way that could result in the
20denial of any employment, benefit, license, or certificate.
21(j) The defendant shall be advised that, regardless of his or her
22successful completion of diversion, the arrest upon which the
23diversion was based may be disclosed by the Department of Justice
24in response to a peace officer application request and that,
25notwithstanding subdivision (i), this section does not
relieve him
26or her of the obligation to disclose the arrest in response to a direct
27question contained in a questionnaire or application for a position
28as a peace officer, as defined in Section 830.
29(k) (1) As used in this chapter, “pretrial diversion” means the
30procedure of postponing prosecution, either temporarily or
31permanently, at any point in the judicial process from the point at
32which the accused is charged until adjudication.
33(2) A pretrial diversion program shall utilize existing resources
34available to current or former members of the United States military
35to address and treat those suffering from sexual trauma, traumatic
36brain injury, post-traumatic stress disorder, substance abuse, or
37mental health problems as a result of military service.
If the Commission on State Mandates determines that
39this act contains costs mandated by the state, reimbursement to
40local agencies and school districts for those costs shall be made
P5 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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