BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 674|
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THIRD READING
Bill No: AB 674
Author: Salas (D)
Amended: 8/17/10 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/29/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
ASSEMBLY FLOOR : 73-0, 1/28/10 - See last page for vote
SUBJECT : Criminal procedure: veterans
SOURCE : California State Council
Vietnam Veterans of America
DIGEST : This bill allows 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, requires the court to make a
determination as to whether a defendant was, or currently
is, a member of the United States military, and authorizes
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 provides 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
CONTINUED
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appropriated by the state. The bill eliminates 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.
ANALYSIS : Existing law states 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 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.(Penal
Code Section 1170.9(a).)
This bill provides that if the person alleges that he or
she committed the offense as a result of sexual trauma or
traumatic brain injury, PTSD, substance abuse or a mental
health problem the court shall make a determination as to
whether the defendant was, or currently is, a member of the
Untied States military and whether the defendant may be
suffering from sexual trauma, traumatic brain injury, PTSD
substance abuse, or mental health problems as a result of
that service. The count may request, through existing
resources, an assessment to aid in that determination.
Existing law if a defendant who is found to have suffered
PTSD etc. as a result of his or her military service 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. (Penal Code Section 1170.9(b).)
This bill deletes the option of sending the person to
veteran's court.
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Existing law 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. 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 officers. The county mental
health agency shall not be responsible for providing
services outside its traditional scope of services. (Penal
Code Section 1170.9(c).)
Existing law provides that when determining the "needs of
the defendant," for purposes of treatment while on
probation, the court shall consider the fact that the
defendant is a person who has suffered PTSD etc. in
assessing whether the defendant should be placed on
probation by being ordered into a private nonprofit
treatment 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. (Penal Code Section
1170.9(d).)
This bill provides instead that the person can be ordered
into a 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.
Existing law provides that 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. (Penal Code
Section 1170.9(e).)
Existing law provides that the court, in making an order 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 post-traumatic stress disorder, substance abuse or
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psychological problems as a result of that service. (Penal
Code Section 1170.9(f).)
This bill clarifies that the programs that shall receive
preference include, but are not limited to, programs
operated by the United States Department of Defense or the
United States Veterans Administration.
This bill provides that the court and assigned treatment
program may collaborate with the Department of Veterans
Affairs and the United States Veterans Administration to
maximize benefits and services provided to the veteran.
Background
PTSD and Other Mental Health Issues in Veterans . study
conducted by the University of California-San Francisco and
the San Francisco Veterans Affairs Medical Center has shown
that approximately one-third of veterans returning from
Iraq received one or more mental health or psychosocial
diagnoses. (JAMA and Archives Journals, Mental Illnesses
Appear Common Among Veterans Returning From Iraq and
Afghanistan (Mar. 13, 2008) ScienceDaily
(as of Mar. 27, 2009).)
Another study reported in the New England Journal of
Medicine indicates that the rate of PTSD among veterans of
the wars in Iraq and Afghanistan increased in a linear
manner with increased exposure to combat. [See Hoge, M.D.,
Combat Duty in Iraq and Afghanistan, Mental Health
Problems, and Barriers to Care (2004) 351 N. Engl. J. Med.
13-22.] Studies also indicate that PTSD may result in
drug and alcohol abuse by veterans.) See Stress &
Substance Abuse: A Special Report, National Institute on
Drug Abuse (Sept. 12, 2005)
(as of
Mar. 27, 2009).)
Mental health and substance abuse problems experienced by
veterans are linked to future incarceration. In a Bureau
of Justice study, 35 percent to 45 percent of incarcerated
veterans reported symptoms of mental health disorders in
the previous 12 months, including mania, psychotic
disorders, and major depressive episodes. (Noonan &
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Mumola, U.S. Dep't of Just., Veterans in State and Federal
Prison, 2004 (2007), p. 6.) Three-quarters of veterans in
state prisons reported past drug use and one-quarter
reported being on drugs at the time of the offense for
which they were incarcerated. (Id. at 5.) Veterans are
also more likely than non-veterans to report past
intravenous drug use. (Ibid.) Veterans are also more
likely than non-veterans to report past intravenous drug
use. (Ibid., See also Badkhen, Shelters Take Many Vets of
Iraq, Afghan Wars, Boston Globe (Aug. 7, 2007) (detailing
the experience of an Iraq veteran who suffered a traumatic
brain injury and mental health issues as a result of his
combat experience, who reported that he was using heroin
and engaging in criminal activity to support his drug habit
within two months of his return home from the war).) It is
likely that a significant number of veterans with substance
abuse issues may be self-medicating as a means of dealing
with mental illness. (See Wynn, Dual Diagnosis, Journal of
Addictive Disorders (2002),
(as of March 23,
2009).)
Veterans are disproportionately represented in the prison
population as compared to the population of the United
States as a whole. According to the Department of Veterans
Affairs, in July 2007, there were an estimated 23,977,000
veterans in the United States. (See United States
Department of Veterans Affairs (Jul. 25, 2007) table
(as of March 23, 2009).) In contrast, veterans make up 10
pecent of state prisoners. (See Noonan & Mumola, supra, at
p. 1.) By 2004, veterans of the current conflicts in Iraq
and Afghanistan already comprised for 4% of veterans in
state and federal prisons. (Ibid.)Veterans are more likely
than non-veterans to be incarcerated for a violent offense,
"including over a third who were serving sentences for
homicide (15%) or rape/sexual assault (23%)." (Id. at 4.)
Veterans were also more likely to have victimized women and
children than were other offenders. (Ibid.)
Once incarcerated, almost two-thirds of mentally ill
prisoners do not receive any form of treatment. (James &
Glaze, U.S. Dep't of Just., Bureau of Just. Stats., Mental
Health Problems of Prison and Jail Inmates (Sept. 2006) pp.
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1, 9.) Mentally ill prisoners who receive little or no
treatment are at great risk of harm, are particularly
"vulnerable to assault, sexual abuse, exploitation, and
extortion," and are more likely to engage in self-harm,
such as self-mutilation and suicide. (Abramsky & Fellner,
Ill- Equipped: U.S. Prisons and Offenders with Mental
Illness, Human Rights Watch (Oct. 21, 2003) p. 56
(as of March 23,
2009).) Mentally ill prisoners are often severely punished
for behaviors that stem from their mental illnesses,
including placement in solitary confinement. (Id. at
56-69.) Isolation can cause the mentally ill to rapidly
decompensate and has been described as "the mental
equivalent of putting an asthmatic in a place with little
air to breathe." (Madrid v. Gomez (N.D. Cal. 1995) 889 F.
Supp. 1146, 1265.)
Providing meaningful mental health treatment has been shown
to significantly reduce recidivism rates, with studies
showing decreases of over 20 percent. (Aos, Wash. State
Inst. For Pub. Pol'y, Evidence-Based Policy Options to
Reduce Future Prison Construction, Criminal Justice Costs,
and Crime Rates (2006).]) Likewise, studies have shown a
reduction of more than six percent in recidivism rates
where meaningful chemical dependency services are provided
to prisoners. (Id. at pp. 3, 19.) Furthermore, chemical
dependency treatment has also been shown to decrease, at
least in the short term, the probability of alcohol
dependency by 15% and drug dependency by 22 percent. (Id.
at p.4.)
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee analysis:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13
Fund
Expands court Likely minor increased workload
General*
procedure
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Mandate: county Likely minor costs; potentially
General
mental health reimbursable
*Trial Courts Trust Fund
SUPPORT : (Verified 8/17/10)
Vietnam Veterans of America, California State Council
(source)
American Legion, Department of California
AMVETS, Department of California
California Association of County Veterans Service Officers
California Attorneys for Criminal Justice
California Psychological Association
California Public Defenders Association
California State Commanders Veterans Council
Legal Services for Prisoners with Children
NAMI California
Taxpayers for Improving Public Safety
Veterans of Foreign Wars of the United States, Department
of California
ARGUMENTS IN SUPPORT : According to the author's office,
increasing numbers of Iraq and Afghan War veterans are
returning home with psychological injuries. Many of them
are going untreated and unfortunately falling into criminal
behavior. Our country has a duty to our most troubled
veterans. Regardless of our individual stance on the war,
we must recognize that these veterans' psychological
injuries were sustained on our society's behalf. They must
be embraced and ensured that they will receive the help
they need to successfully transition from war to peace.
Ensuring these young men and women receive the care they
need will also enhance public safety in the long run.
This bill protects society from the worst offenders while
enabling treatment for the typical veteran suffering from
sexual trauma, traumatic brain injury, PTSD, substance
abuse or mental health problems stemming from military
service in the United States military. Additionally, the
bill promotes collaboration between the Department of
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Veterans Affairs and the United States Veterans
Administration to maximize benefits and services for
veterans.
The Veterans of Foreign Wars states that they, "[H]elp to
process thousands of claims for those who have returned
from combat operations in Iraq and Afghanistan with these
medical conditions. We are well aware that many of these
veterans who run afoul of the law would be much better
served by proper medical treatment than by imprisonment."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Chesbro, Conway, Cook, Coto, Davis, De La
Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gilmore, Hagman, Harkey, Hayashi,
Hernandez, Hill, Huffman, Jeffries, Jones, Knight, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez,
Portantino, Ruskin, Salas, Saldana, Silva, Skinner,
Smyth, Solorio, Audra Strickland, Swanson, Torlakson,
Torres, Torrico, Tran, Villines, Yamada
NO VOTE RECORDED: Carter, Hall, Huber, V. Manuel Perez,
Bass
RJG:do 8/17/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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