BILL ANALYSIS Ó
SB 1227
Page 1
SENATE THIRD READING
SB 1227 (Hancock)
As Amended August 4, 2014
Majority vote
SENATE VOTE :29-5
PUBLIC SAFETY 5-2 APPROPRIATIONS 12-4
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|Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Gatto, Bocanegra, |
| |Quirk, Skinner, Stone | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Holden, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Melendez, Waldron |Nays:|Bigelow, Donnelly, Jones, |
| | | |Wagner |
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SUMMARY : Creates a diversion program for veterans who commit
misdemeanors who are suffering from service-related trauma or
substance abuse. Specifically, this bill :
1)Authorizes 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 offense 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 (PTSD), substance abuse, or
mental health problems as a result of his or her military
service.
2)Provides that the court may request, using existing resources,
an assessment to aid in this determination.
3)Provides 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 hearing to determine
whether the criminal proceedings should be reinstituted.
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4)States, if the court finds that the defendant is not
performing satisfactorily in the assigned program, or that the
defendant is not benefiting from diversion, the court may end
the diversion and order resumption of the criminal
proceedings.
5)Requires the criminal charges to be dismissed at the end of
the period of diversion if the defendant has performed
satisfactorily during the period of diversion.
6)Provides if a referral is made to the county mental health
authority as part of the pretrial diversion program, the
county shall be obligated to provide mental health treatment
services only to the extent that resources are available for
that purpose, as described.
7)Requires the county mental health agency to coordinate
appropriate referral of the defendant to the county veterans
service officer, as described.
8)Clarifies that the county mental health agency shall not be
responsible for providing services outside its traditional
scope of services.
9)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; and,
c) The filing of reports related to defendants' progress.
10)States when determining the requirements of a pretrial
diversion program, the court shall assess whether the
defendant should be ordered to participate in a federal or
community-based treatment service program with a demonstrated
history of specializing in the treatment of mental health
problems, including substance abuse, post-traumatic stress
disorder, traumatic brain injury, military sexual trauma, and
other related mental health problems.
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11)Requires the court, in making an order to commit a defendant
to an established treatment program, to give preference to a
treatment program that has a history of successfully treating
veterans who suffer from sexual trauma, traumatic brain
injury, post-traumatic stress disorder, substance abuse, or
mental health problems as a result of military service,
including, but not limited to, programs operated by the United
States Department of Defense or the United States Department
of Veterans Affairs.
12)Authorizes the court and the assigned treatment program to
collaborate with the state Department of Veterans Affairs and
the United States Department of Veterans Affairs to maximize
benefits and services provided to the veteran.
13)Provides that the criminal proceedings against the defendant
may be diverted for a period of up to two years and requires
the responsible agencies to report to the court and the
prosecution not less than every six months.
14)States that a record filed with the Department of Justice
(DOJ) shall indicate the disposition in those cases diverted.
Upon successful completion of a diversion program, the arrest
upon which the diversion was based shall be deemed to have
never occurred. The defendant may indicate in response to a
question concerning his or her prior criminal record that he
or she was not arrested or diverted for the offense, except as
specified. A record pertaining to an arrest resulting in
successful completion of a diversion program shall not,
without the defendant's consent, be used in any way that could
result in the denial of any employment, benefit, license, or
certificate.
15)Provides that defendant shall be advised that, regardless of
his or her successful completion of diversion, the arrest upon
which the diversion was based may be disclosed by DOJ in
response to a peace officer application request and that he or
she is not relieved of the obligation to disclose the arrest
in response to a direct question contained in a questionnaire
or application for a position as a peace officer, as defined.
16)Defines "pretrial diversion" as the procedure of postponing
prosecution, either temporarily or permanently, at any point
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in the judicial process from the point at which the accused is
charged until adjudication.
17)States that a pretrial diversion program shall utilize
existing resources available to current or former members of
the United States military to address and treat those
suffering from sexual trauma, traumatic brain injury,
post-traumatic stress disorder, substance abuse, or mental
health problems as a result of military service.
EXISTING LAW :
1)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 or she committed
the offense as a result of 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. (Penal Code Section 1170.9(a).)
2)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, non-profit 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.
(Penal Code Section 1170.9(b).)
3)Provides restorative relief to a veteran defendant who
acquires a criminal record due to a mental disorder stemming
from military service. (Pen. Code Section 1170.9(h)(1).)
4)States that pretrial diversion refers to the procedure of
postponing prosecution of an offense filed as a misdemeanor
either temporarily or permanently at any point in the judicial
process from the point at which the accused is charged until
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adjudication. (Penal Code Section 1001.1.)
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
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 : 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).
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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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0004463