BILL ANALYSIS Ó
SB 1227
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Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 1227 (Hancock) - As Amended: August 4, 2014
Policy Committee: Public
SafetyVote:5-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill authorizes a court to establish a diversion program,
with the consent of the defendant and a waiver of the
defendant's speedy trial right, to postpone prosecution,
temporarily or permanently, of a misdemeanor if the defendant
was, or is, a member of the U.S. military and if he or she may
be suffering from sexual trauma, traumatic brain injury,
post-traumatic stress disorder (PTSD), substance abuse, or other
mental health problems as a result of military service.
Specifically, this bill:
1)States, if the court finds the defendant is not performing
satisfactorily in the assigned program, or the defendant is
not benefiting from diversion, the court may end the diversion
and order resumption of criminal proceedings.
2)Provides criminal proceedings may be diverted for up to two
years and requires the responsible agencies to report to the
court and the prosecution not less than every six months.
3)Requires criminal charges to be dismissed at the end of the
period of diversion if the defendant has performed
satisfactorily during the period of diversion.
4)Provides, if a referral is made to the county mental health
authority as part of the pretrial diversion program, the
county is obligated to provide mental health treatment
services only if resources are available for that purpose, as
specified, and specifies the mental health agency is not
responsible for providing services outside its traditional
scope of services.
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5)Specifies an order be made referring a defendant to a county
mental health agency only if that agency has agreed to accept
responsibility for treating the defendant, coordinating the
referral to a county veterans service officer, and filing
reports related to defendants' progress.
6)Specifies a pretrial diversion program shall use existing
resources available to current or former members of the United
States military to address sexual trauma, traumatic brain
injury, post-traumatic stress disorder, substance abuse, or
other mental health problems.
FISCAL EFFECT
1)Potential for minor increase in state trial court costs to the
extent courts opt to participate in a veteran pretrial
diversion program. As the program is permissive, additional
costs are not likely to be significant. Courts with the
infrastructure and resources to operate a program may do so to
the extent they are able to within existing resources. Courts
without the resources will not. Court costs could be offset to
a degree by reduced trial-related costs to the extent
diversion proves successful.
2)Potential non-reimbursable local mental health agency costs to
the extent local agencies opt to participate in a veteran
pretrial diversion program. As the program is permissive,
additional costs are not likely to be significant. Agencies
with the infrastructure and resources to operate a program may
do so to the extent they are able to within existing
resources. Agencies without the resources will not.
3)Unknown, likely insignificant ongoing local incarceration and
probation savings to the extent a diversion program proves
successful and reduces caseloads.
COMMENTS
1)Rationale . The author's intent is to provide a more
cost-effective and results-oriented option for misdemeanor
offenders whose behavior is the result of military-related
trauma.
According to the author, "Successfully completed diversion
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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."
2)Current law specifies that if the court determines a person
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 treatment program, provided the defendant
agrees to participate in the program and the court determines
that an appropriate treatment program exists.
Current law also authorizes a range of restorative relief to a
veteran defendant who acquires a criminal record due to a
mental disorder stemming from military service.
3)Support includes CA Attorneys for Criminal Justice, the L.A.
D.A., the National Alliance on Mental Illness, and the CA
Public Defenders Association, which states, "Pretrial
diversion participants have shown to have lower rates of
re-offense and re-incarceration, and to have better results
with mental health and substance abuse treatment programs.
Such programs also have been demonstrated to be both more
time- and cost-effective than traditional criminal justice
procedures. Trial and pretrial litigation are lengthy and
costly. By contrast, the pretrial diversion program
established by SB 1227 is one that would significantly reduce
strains on court resources, utilizing services and programs
already available through the Department of Veterans Affairs
and veterans support groups. Furthermore, at a time when state
prisons and county jails are overcrowded, pretrial diversion
programs significantly reduce the monetary and societal costs
of incarceration."
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4)Opposition to felony diversion. The CA District Attorneys
Association opposed the prior version of the bill, which
applied to felony offenses. The bill no longer applies to
felonies.
5)Related Legislation :
a) AB 2098 (Levine) requires the court to consider a
defendant's status as a veteran suffering from
post-traumatic stress disorder or other forms of trauma
when making specified sentencing determinations. AB 2098 is
pending on the Senate Floor.
b) SB 1110 (Jackson) requires the court to identify a
defendant as an active member or veteran of the military at
arraignment. SB 1110 is pending on the Assembly Floor.
c) AB 2371 (Butler), Statutes of 2012, provides restorative
relief to a veteran who acquires a criminal record due to a
mental disorder stemming from military service.
d) AB 674 (Salas), Statutes of 2010, allows a court to
order a defendant who suffers from sexual trauma, traumatic
brain injury, PTSD, substance abuse, or mental health
problems as a result of military service into a treatment
program or veteran's court.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081