BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1227| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 CONTINUED SB 1227 Page 2 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 CONTINUED SB 1227 Page 3 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 CONTINUED SB 1227 Page 4 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) CONTINUED SB 1227 Page 5 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. CONTINUED SB 1227 Page 6 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 **** END **** CONTINUED