BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1227|
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UNFINISHED BUSINESS
Bill No: SB 1227
Author: Hancock (D)
Amended: 8/4/14
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
SENATE FLOOR : 29-5, 5/28/14
AYES: Anderson, Beall, Berryhill, Block, Corbett, Correa, De
León, DeSaulnier, Evans, Galgiani, Hancock, Hernandez, Hill,
Hueso, Huff, Jackson, Lara, Leno, Lieu, Liu, Mitchell,
Monning, Padilla, Pavley, Roth, Steinberg, Torres, Walters,
Wolk
NOES: Gaines, Morrell, Nielsen, Vidak, Wyland
NO VOTE RECORDED: Calderon, Cannella, Fuller, Knight, Wright,
Yee
ASSEMBLY FLOOR : 62-15, 8/21/14 - See last page for vote
SUBJECT : Diversion: members of the military
SOURCE : California Public Defenders Association
DIGEST : This bill creates a diversion program for veterans
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who commit misdemeanors and who are suffering from
service-related trauma or substance abuse.
Assembly Amendments narrow the scope of the bill to only apply
to misdemeanors and not felonies.
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
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 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
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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
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
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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
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 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
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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.
SUPPORT : (Verified 8/21/14)
California Public Defenders Association (source)
California Attorneys for Criminal Justice
Los Angeles District Attorney Jackie Lacey
Taxpayers for Improving Public Safety
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
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diversion programs.
ASSEMBLY FLOOR : 62-15, 8/21/14
AYES: Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta,
Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez,
Chesbro, Cooley, Dababneh, Dahle, Daly, Dickinson, Eggman,
Fong, Fox, Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hall, Roger Hernández, Holden,
Jones-Sawyer, Levine, Logue, Lowenthal, Maienschein, Medina,
Mullin, Muratsuchi, Nazarian, Pan, Perea, John A. Pérez, V.
Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Weber, Wieckowski,
Wilk, Williams, Yamada, Atkins
NOES: Achadjian, Allen, Bigelow, Conway, Donnelly, Beth Gaines,
Harkey, Jones, Mansoor, Melendez, Nestande, Olsen, Patterson,
Wagner, Waldron
NO VOTE RECORDED: Hagman, Linder
JG:k 8/21/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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