BILL NUMBER: AB 674 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 25, 2010
AMENDED IN ASSEMBLY JANUARY 4, 2010
INTRODUCED BY Assembly Member Salas
FEBRUARY 25, 2009
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 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: 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 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 mental health problems stemming
from service in the United States military, the court shall, prior to
sentencing, 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 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.
(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 ordered into a
federal- 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.
(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 serves in residential treatment.
(e)
(f) 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 veterans who suffer from sexual trauma, traumatic brain
injury, post-traumatic stress disorder, substance abuse, or 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)
(g) 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.