BILL ANALYSIS Ó
SENATE COMMITTEE ON VETERANS AFFAIRS
Senator Jim Nielsen, Chair
2015 - 2016 Regular
Bill No: AB 1672 Hearing Date: 6/28/16
-----------------------------------------------------------------
|Author: |Mathis |
|-----------+-----------------------------------------------------|
|Version: |6/14/16 |
-----------------------------------------------------------------
-----------------------------------------------------------------
|Urgency: |No |Fiscal: |Yes |
-----------------------------------------------------------------
-----------------------------------------------------------------
|Consultant:|Wade Teasdale |
| | |
-----------------------------------------------------------------
Subject: Veterans treatment courts: Judicial Council
assessment and survey
DESCRIPTION
Summary:
Requires the Judicial Council of California (Council) to report
to the Legislature on a study of veterans and veterans treatment
courts (VTC) that includes a statewide assessment of VTCs
currently in operation, and a survey of counties that do not
operate VTCs to help identify barriers to implementation and the
need for VTCs in those counties. Also establishes a fund within
the State Treasury to accept private donations to pay for the
study and survey.
Existing law:
1)Establishes the Council and authorizes them to make rules and
recommendations regarding the operation of the courts.
2)Allows courts to make rules for the administration of the
courts so long as they are not otherwise prohibited by the
Constitution, statute or rules adopted by the Council.
3)Requires judges to identify veteran defendants suffering from
sexual trauma, post-traumatic stress disorder, traumatic brain
injury, substance abuse, or mental health problems as a result
of his or her service and use this status as a factor in favor
of granting probation and/or ordering participation in
AB 1672 (Mathis) Page 2
of ?
approved treatment programs.
This bill:
1)Requires the Council - if funds are received for the purpose -
to report to the Legislature on a study of veterans and VTCs
that includes:
a) A statewide assessment, as specified, of VTCs currently
in operation; and
b) A survey of counties that do not operate VTCs that
identifies barriers to program implementation and assesses
the need for VTCs in those counties.
2)Requires the Council to report to the Legislature on the
results of the study, as specified, on or before June 1, 2019.
3)Regarding the Veterans Court Assessment Fund (Fund):
a) Establishes the Fund within the State Treasury.
b) Provides that the Fund will be administered by the
Council.
c) Authorizes the fund to accept private donations, as
specified.
d) Authorizes that specified sums be appropriated from the
Fund and from the General Fund for the purpose of
conducting the study and report.
BACKGROUND
Judicial Council of California
The California Constitution [Article VI, § 6(d)] establishes the
Council, which serves as the policymaking body of the California
courts. Chaired by the Chief Justice of California, the Council
is responsible for ensuring the consistent, independent,
impartial, and accessible administration of justice.
Existing law allows courts to make rules for the administration
of the courts so long as they are not otherwise prohibited by
the Constitution, statute or rules adopted by the Judicial
Council.
AB 1672 (Mathis) Page 3
of ?
Existing law also requires judges to identify veteran defendants
suffering from sexual trauma, post-traumatic stress disorder,
traumatic brain injury, substance abuse, or mental health
problems as a result of his or her service and use this status
as a factor in favor of granting probation and/or ordering
participation in approved treatment programs.
Veterans Treatment Courts
In 2006, California became the first state to establish a prison
diversion program for veterans and military members when
Governor Schwarzenegger signed AB 2586 (Parra) creating Penal
Code § 1170.9. Since then, PC § 1170.9 has been expanded and
refined by the Legislature. The resulting VTCs are
judicially-supervised court docket intended to (1) reduce
correctional costs, (2) protect community safety, and (3)
improve public welfare. The VTC combines rigorous treatment and
accountability for veterans facing incarceration due to charges
stemming from substance abuse and/or mental health issues. They
promote sobriety, recovery and stability through a coordinated
response and the understanding that the bonds of military
service and combat run deep.
Veterans treatment courts not only allow veterans to go through
the process with other veterans, who are similarly situated and
have common past experiences, but also link them with services
uniquely designed for the distinct needs that arise from that
military experience. The approach requires a coordinated
response involving collaboration among the traditional county
and nonprofit partners found in typical drug and mental health
courts, the USDVA's health care and benefits agencies, the
California Department of Veterans Affairs (CalVet), county
veterans service officers (CVSOs), and, in some programs,
volunteer veteran mentors and veterans' family support
organizations.
Existing Law provides that - in the case of any 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 post-traumatic stress
disorder (PTSD), substance abuse, or psychological problems
stemming from service in a combat theater in the United States
military - the court shall, prior to sentencing, hold a hearing
AB 1672 (Mathis) Page 4
of ?
to determine whether the defendant was a member of the military
forces of the United States who served in combat and shall
assess whether the defendant suffers from PTSD, substance abuse,
or psychological problems as a result of that service.
Existing law also states that if the court concludes that a
defendant convicted of a criminal offense was a member of the
military forces of the United States 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.
Also, existing law obligates counties to provide mental health
treatment services to persons suffering from PTSD, substance
abuse, or psychological problems stemming from service in a
combat theater only to the extent that resources are available
for that purpose. If mental health treatment services are
ordered by the court, the county mental health agency shall
coordinate appropriate referral of the defendant to the county
veterans service officer. The county mental health agency shall
not be responsible for providing services outside its
traditional scope of services. An order shall be made referring
a defendant to a county mental health agency only if the agency
has agreed to accept responsibility for the treatment of the
defendant.
VTC Funding
County VTCs are purely discretionary. Like other California
collaborative justice courts, VTCs are funded from existing
trial court resources and do not receive a dedicated stream of
funding from the State General Fund.
Existing court resources allow VTCs to be funded in a variety of
ways. Some rely on in-kind services of the courts or justice
system partners. The U.S. Department of Justice's Bureau of
Justice Assistance, supervises a grant program and works in
partnership with Justice for Vets to provide technical
AB 1672 (Mathis) Page 5
of ?
assistance to VTCs. Because Veterans Courts generally use the
drug court model, they also can apply for federal Drug Court
funding through BJA and the Substance Abuse and Mental Health
Services Administration, when that funding is available.
The Judicial Council manages two funding streams that could be
used for VTCs:
1. The Recidivism Reduction Fund (RRF) is a $15 million
competitive grant program, from state general fund, that
the courts can use to fund three different programs
designed to reduce criminal recidivism: pretrial programs;
the use of risk and needs assessment; and collaborative
justice courts (which would include VTCs). This is a
one-time program and the Judicial Council was scheduled to
discuss the award recommendations at its February 19, 2015
meeting.
2. The Substance Abuse Focus Grant is an ongoing grant
program, funded annually from a line item from the Judicial
Council portion of the State Budget Act. It is available to
local courts for the purpose of implementing, enhancing or
expanding drug courts or other collaborative justice
courts. This program allocates approximately $1.1 million
through a formula grant process. Individual court awards
range in size, but generally do not exceed $50,000.
Veterans courts can seek funding through this source as
well.
COMMENT
Related/Prior Legislation
AB 2098 (Levine, Chapter 163, Statutes of 2014) requires the
court to consider a defendant's status as a veteran suffering
from PTSD or other forms of trauma when making specified
sentencing determinations.
ACR 36 (Atkins, Resolution Chapter 39, Statutes of 2013)
encourages all superior courts to consider establishing VTCs
and/or veterans treatment review calendars to assist troubled
veterans who have service-related mental health issues.
AB 201 (Butler, vetoed, 2012) would have authorized superior
AB 1672 (Mathis) Page 6
of ?
courts to develop and implement veterans' courts. This bill
would have established standards and procedures for veterans'
courts and would have specified that county participation in the
veterans' courts program is voluntary.
AB 1925 (Salas, vetoed, 2010) would have authorized superior
courts to develop and implement veterans' courts for eligible
veterans of the United States (U.S.) military. The Governor's
veto message stated "authorizing legislation is not required for
the superior courts to establish specialized courts with
dedicated calendars. I would urge the Judicial Council to
examine the need for veterans' courts, however, and establish
appropriate guidelines for the superior courts to follow."
AB 674 (Salas, Chapter 347, Statutes of 2010) allows a court to
order a defendant who suffers from sexual trauma, traumatic
brain injury, post-traumatic stress disorder, substance abuse,
or mental health problems as a result of military service, 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.
POSITIONS
Sponsor: Author.
Support:
American G.I Forum of California
American Legion-Department of California
AMVETS-Department of California
California Association of County Veterans Service Officers
California Public Defenders Association
California State Commanders Veterans Council
Military Officers Association of America-California Council of
Chapters
Crime Victims United of California
Disabled Veteran Business Alliance
Judicial Council of California
National Association of Social Workers - California Chapter
VFW-Department of California
Rural County Representatives of California
AB 1672 (Mathis) Page 7
of ?
Vietnam Veterans of America-California State Council
Oppose: None received.
-- END --