BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 1227
          Author:   Hancock (D)
          Amended:  5/27/14
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  6-0, 4/8/14
          AYES:  Hancock, Anderson, De León, Liu, Mitchell, Steinberg
          NO VOTE RECORDED:  Knight

          SENATE APPROPRIATIONS COMMITTEE  :  6-1, 5/23/14
          AYES:  De León, Walters, Hill, Lara, Padilla, Steinberg
          NOES:  Gaines


           SUBJECT :    Diversion:  members of the military

           SOURCE  :     California Public Defenders Association


           DIGEST  :    This bill creates a diversion program for veterans  
          who commit misdemeanors or jail felonies and who are suffering  
          from service-related trauma or substance abuse.

           ANALYSIS  :    Existing law provides for post-plea probationary  
          programs for current or former members of the military convicted  
          of criminal offenses who would otherwise be sentenced to county  
          jail or state prison.  For a defendant determined by the court  
          to be suffering from service-related trauma, substance abuse, or  
          mental health problems, 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  
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          exceed the term the defendant otherwise would have served in  
          state prison or county jail, provided the defendant agrees to  
          participate in the program and the court determines an  
          appropriate treatment program exists.  (Penal Code Section  
          1170.9(a)-(b))

          This bill:

          1.Creates a diversion program when a member or former member of  
            the U.S. Military is accused of a misdemeanor or jail felony  
            and the defendant is suffering from sexual trauma, traumatic  
            brain injury, post-traumatic stress disorder (PTSD), substance  
            abuse or mental health problems resulting from his/her  
            military service.

          2.Provides that if the court determines the defendant is  
            eligible, and the defendant consents and waives his/her right  
            to a speedy trial, the court may place the defendant in a  
            pretrial diversion program.

          3.Provides that if it appears to the court that the defendant is  
            performing unsatisfactorily in the assigned program, or that  
            the defendant is not benefiting from the treatment and  
            services provided under the diversion program, after notice to  
            the defendant the court shall hold a hear to determine whether  
            criminal proceedings shall be reinstated.  If the court finds  
            that the defendant is not performing satisfactorily or not  
            benefiting from the program the court may reinstate criminal  
            proceedings.  If the defendant has performed satisfactorily  
            during the period of diversion the criminal charges shall be  
            dismissed.

          4.Specifies that an order shall be made referring a defendant to  
            a county mental health agency only if that agency has agreed  
            to accept responsibility for all of the following:

             A.   The treatment of the defendant.
             B.   The coordination of appropriate referral to a county  
               veterans service officer.
             C.   The filing of reports pursuant to subdivision (h) of  
               Section 1170 of the Penal Code.

          1.Provides when determining the requirements of the pretrial  
            diversion program the court shall assess whether the defendant  

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            should be ordered to participate in a federal or  
            community-based treatment program with a demonstrated history  
            of specializing in the type of treatment.

          2.Provides that in making an order for treatment, the court  
            shall give preference to a treatment program that has a  
            history of successfully treating veterans including but not  
            limited to programs operated by the U.S. Department of Defense  
            or the U.S. Department of Veterans Affairs (USDVA).

          3.Provides that the court and the assigned treatment program may  
            collaborate with the Department of Veteran Affairs and the  
            USDVA to maximize benefits and services provided to the  
            veteran.

          4.Provides that the diversion period may be no longer than two  
            years with progress reports to the court and the prosecutor  
            not less than every six months.

          5.Provides that upon completion of diversion, the arrest upon  
            which the diversion was based shall be deemed to have never  
            occurred and the defendant may indicate that he or she was not  
            arrested or diverted for an offense when asked for a criminal  
            record.  However, the diversion may be disclosed in response  
            to a peace officer application request.

           Prior Legislation
           
          SB 769 (Block, Chapter 46, Statutes of 2013) clarifies that  
          dismissal of a case under provisions for veteran defendants who  
          had service-related mental health issues does not restore a  
          defendant's right to possess a firearm and does not prevent  
          conviction for being a felon or drug addict in possession of a  
          firearm.

          AB 2371 (Butler, Chapter 403, Statutes of 2012) provides  
          restorative relief to a veteran defendant who acquires a  
          criminal record due to a mental disorder stemming from military  
          service.

          AB 674 (Salas, Chapter 347, Statutes of 2010) authorizes a court  
          to order a defendant who suffers from service-related trauma,  
          substance abuse, or mental health problems into a treatment  
          program or veteran's court for a period not to exceed that which  

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          the defendant would have served in state prison or jail.

          AB 2586 (Parra, Chapter 788, Statutes of 2006) allows the court  
          to consider a treatment program in lieu of incarceration as a  
          condition of probation in cases involving military veterans who  
          suffer from PTSD, substance abuse, or psychological issues  
          stemming from their military service.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes



          According to the Senate Appropriations Committee:

           Potential ongoing increased court workload (General Fund*) to  
            conduct assessments to determine defendant eligibility, assess  
            appropriate program placement, hold periodic hearings, review  
            progress reports, and collaborate with various local, state,  
            and federal agencies. 

           Potentially significant county mental health services costs  
            (Local/Federal), likely non-reimbursable, as court orders to  
            county mental health agencies are authorized only if the  
            agency has agreed to accept responsibility for the treatment  
            of the defendant.

           Local county mental health agency costs, potentially  
            state-reimbursable (General Fund), for referrals to county  
            veteran services offices and periodic reporting on the  
            progress of program participants to the court and local  
            prosecutors.

           Potentially significant future cost savings to the criminal  
            justice system, both to the courts in averted prosecutorial  
            hearings and reduced local incarceration and supervision costs  
            to the extent participation in diversion programs is  
            successful.

          *Trial Court Trust Fund

           SUPPORT  :   (Verified  5/27/14)

          California Public Defenders Association (source)

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          California Attorneys for Criminal Justice
          Taxpayers for Improving Public Safety

           OPPOSITION  :    (Verified  5/27/14)

          California District Attorneys Association

           ARGUMENTS IN SUPPORT  :    According to the author:

            California has nearly two million military veterans living in  
            the state, more than any other state in the country.  Many of  
            these veterans suffer from service related trauma, such as  
            Post Traumatic Stress Disorder, or Traumatic Brain Injury.  
            Unfortunately, some veterans find themselves entangled in the  
            criminal justice system.

            Diversion programs and the benefits of these programs are well  
            established in California.  These programs reduce recidivism  
            by targeting the underlying source of criminal behavior.   
            Diversion programs also reduce court and incarceration costs,  
            as well as connect participants to services that help them  
            resume positive community participation.

            Successfully completed diversion programs ensure that the  
            participant is able to avoid the consequences of a conviction  
            (such as difficulty in finding a job or securing housing).   
            Participation in these programs can connect veterans to  
            services that are available but underutilized, including  
            mental health treatment, addiction treatment, housing and  
            medication.

            Existing veterans' courts are post-plea, probationary  
            programs.  Veterans are eligible only after they have been  
            found guilty.  While these courts have proven effective, they  
            do not afford participating veterans the benefits of pre-plea  
            diversion programs.

           ARGUMENTS IN OPPOSITION  :    The California District Attorneys  
          Association states:

            While many counties operate very successful diversion  
            programs, they are generally geared to help low-level  
            first-time misdemeanants avoid a mark on their record for  
            relatively minor offenses.

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            SB 1227, on the other hand, contemplates diversion programs  
            being available to certain individuals who have committed not  
            only misdemeanors, but also 1170(h) eligible felonies. The  
            universe of crimes included under [Penal Code Section] 1170(h)  
            is vast, and they are serious crimes for which diversion  
            programs are inappropriate.


          JG:k  5/27/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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