BILL NUMBER: AB 674	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2010

INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 25, 2009

    An act to add Chapter 2.97 (commencing with Section
1001.91) to Title 6 of Part 2 of the Penal Code, relating to criminal
procedure.   An act to amend Section 1170.9 of the
Penal Code, relating to criminal procedure. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 674, as amended, Salas. Criminal procedure: veterans. 
   Existing law establishes various diversion and deferred entry of
judgment programs for, among other things, substance abuse treatment.
Existing provisions of the California Constitution require a 2/3
vote of the membership of each house of the Legislature for a bill
that would exclude relevant evidence in a criminal proceeding.
 
   This bill would establish a deferred entry of judgment program and
a preconviction drug diversion program for veterans, as specified,
who suffer from post-traumatic stress disorder or traumatic brain
injury, as specified, and who commit specified offenses. Because this
program would provide for the exclusion of certain urine analysis
results and statements of program participants from criminal
proceedings, the bill would require a 2/3 vote. 
   Existing law provides that if a person is convicted of a criminal
offense and alleges that he or she committed the offenses as a result
of post-traumatic stress disorder, substance abuse, or psychological
problems stemming from service in combat in the United States
military, the court shall hold a hearing prior to sentencing to make
a determination about the allegation. If the court finds that the
defendant's crime was committed as a result of one of those factors
related to serving in combat, and the court places the person on
probation, existing law authorizes the court to place the person into
a treatment program, as specified.  
   This bill would instead, if the defendant alleges that her or she
committed the offense as a result of sexual trauma, traumatic brain
injury, post-traumatic stress disorder, substance abuse, or mental
health problems stemming from military service in the United States
military, require the court to make a determination as to whether a
defendant was, or currently is, a member of the United States
military, and would authorize the court to request through the use of
existing resources an assessment of whether the defendant may be
suffering from those disorders. The bill would eliminate the
requirement that the offense be committed as a result of problems
stemming from service in a combat theater.  
   The bill would eliminate the requirement that an order be made
referring the defendant to a county mental health agency only if the
agency agreed to accept responsibility for treatment of the
defendant. The bill would also eliminate a provision granting
sentence credits for defendants granted probation and committed to a
residential treatment program.  
   The bill would require the court and the assigned treatment
program to collaborate with the Department of Veterans Affairs and
the United States Veterans Administration to maximize benefits and
services. 
   By imposing additional burdens on local government entities, this
bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote:  2/3   majority  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1170.9 of the   Penal
Code   is amended to read: 
   1170.9.  (a)  In the case of any person convicted of a criminal
offense who  would   could  otherwise be
sentenced to county jail or state prison and who alleges that he or
she committed the offense as a result of  sexual trauma,
traumatic brain injury,  post-traumatic stress disorder,
substance abuse, or  psychological   mental
health  problems stemming from service  in a combat
theater  in the United States military, the court shall,
prior to sentencing,  hold a hearing 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   make a determination as to whether the defendant
was, or currently is, a member of the United States military and may
request through the use of existing resources an assessment of
whether the defendant may be suffering from sexual trauma, traumatic
brain injury,  post-traumatic stress disorder, substance abuse,
or  psychological   mental health  problems
as a result of that service.
   (b)  If the court concludes that a defendant convicted of a
criminal offense is a person described in subdivision (a), 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 nonprofit
treatment program  , or a veteran's court  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.
   (c)  If a referral is made to the county mental health authority,
the county shall be obligated to provide mental health treatment
services only to the extent that resources are available for that
purpose, as described in paragraph (5) of subdivision (b) of Section
5600.3 of the Welfare and Institutions Code. 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, as described in paragraph (5) of
subdivision (b) of Section 5600.3 of the Welfare and Institutions
Code. 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 that agency has agreed to accept
responsibility for the treatment of the defendant. 
   (d)  When determining the "needs of the defendant," for purposes
of Section 1202.7, the court shall consider the fact that the
defendant is a person described in subdivision (a) in assessing
whether the defendant should be placed on probation and 
whether the defendant would be best served while on probation by
being  ordered into a  private nonprofit 
 federal- or community-based  treatment service program with
a demonstrated history of specializing in the treatment of 
military service-related issues, such as post-traumatic stress
disorder, substance abuse, or psychological problems  
mental health problems, including substance abuse, post-traumatic
stress disorder, traumatic brain injury, military sexual trauma, and
other related mental health problems  . 
   (e)  A defendant granted probation under this section and
committed to a residential treatment program shall earn sentence
credits for the actual time the defendant served in residential
treatment.  
   (f) 
    (e)  The court, in making an order under this section to
commit a defendant to an established treatment program, shall give
preference to a treatment program that has a history of successfully
treating  combat  veterans who suffer from 
sexual trauma, traumatic brain injury,  post-traumatic stress
disorder, substance abuse, or  psychological  
mental health  problems as a result of that service  ,
including, but not limited to, programs operated by the United States
Department of Defense or the United States Veterans Administration
 . 
   (f) The court and the assigned treatment program shall collaborate
with the Department of Veterans Affairs and the United States
Veterans Administration to maximize benefits and services provided to
the veteran. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  All matter
omitted in this version of the bill appears in the bill as introduced
in the Assembly, February 25, 2009. (JR11)