BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
674 (Salas)
Hearing Date: 08/02/2010 Amended: 07/15/2010
Consultant: Jacqueline Wong-HernandezPolicy Vote: Public Safety
7-0
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BILL SUMMARY: AB 674 would allow a criminal defendant who is a
veteran, if the defendant 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 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 any of those disorders. The
bill would provide that a county's obligation to provide mental
health treatment services is contingent upon any resources for
the implementation of mental health treatment services being
appropriated by the state. The bill would eliminate an existing
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.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
Expands court procedure Potentially significant
increased workload General*
Mandate: county mental health Potentially significant
reimbursable costs General
*Trial Courts Trust Fund
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
AB 674 would modify existing pre-sentencing court procedures
involving defendants convicted of a criminal offense when the
defendant alleges that the offence was committed 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. Under
existing law, the additional court proceedings specified in this
bill apply to individuals who have been in combat theater; this
bill would include all veterans. The magnitude of future cases
that will result in additional court proceedings under these
provisions is unknown, but would result in additional workload
and court time for each proceeding.
This bill would also require the court to collaborate with the
Department of Veterans Affairs and the United States Veterans
Administration to maximize services to veterans. This vague
requirement may increase the workload of the Administrative
Office of the Courts, which is the agency most likely to be
tasked with coordination responsibilities.
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AB 674 (Salas)
This bill expands the responsibility of county mental health
agencies, and the new mandate is likely to be reimbursable. This
bill specifically deletes an existing statute which specifies
that an order referring a defendant to a county mental health
agency can only be made if the agency agreed to accept
responsibility for treatment of the defendant, eliminating the
agency's discretion to treat both the new veterans added by this
bill and those referred under existing law.
Existing law also provides that if the 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. (Penal Code
1170.9(c).) It is unclear how the inability to decline to serve
specified veterans would interact with this provision. Moreover,
this bill would add "or contingent upon any resources for the
implementation of mental health treatment services being
appropriated by the state." This clause creates cost pressure to
appropriate additional funds for this purpose, especially in
conjunction with removing the agency's ability to decline
service.