BILL ANALYSIS
AB 674
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 674 (Salas)
As Amended August 17, 2010
Majority vote
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|ASSEMBLY: |73-0 |(January 28, |SENATE: |35-0 |(August 19, |
| | |2010) | | |2010) |
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Original Committee Reference: PUB. S.
SUMMARY : Allows a court to order a defendant who suffers from
sexual trauma, traumatic brain injury, post-traumatic stress
disorder (PTSD), 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.
The Senate amendments provide that 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.
EXISTING LAW :
1)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 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.
2)Allows a defendant convicted of a criminal offense who
committed the offense as a result of PTSD substance abuse, or
psychological problems stemming from service in a combat
theater in the United States military, and if the defendant is
otherwise eligible for probation and the court places the
defendant on probation, the court may order the defendant into
AB 674
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a local, state, federal, or private nonprofit 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.
3)Declares that the safety of the public, shall be a primary
goal through the enforcement of court-ordered conditions of
probation; the nature of the offense; the interests of
justice, including punishment, reintegration of the offender
into the community, and enforcement of conditions of
probation; the loss to the victim; and the needs of the
defendant shall be the primary considerations in the granting
of probation.
AS PASSED BY THE ASSEMBLY , this bill:
1)Provided 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 sexual trauma, traumatic brain
injury, PTSD, 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, PTSD,
substance abuse, or mental health problems as a result of that
service.
2)Stated that if the defendant convicted of a criminal offense
is a person who committed the offense as a result of sexual
trauma, traumatic brain injury, PTSD, substance abuse, or
mental health problems stemming from service in the United
States military, 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 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.
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3)Allowed defendants granted probation under this section and
committed to a residential treatment program to earn sentence
credits for the actual time the defendant serves in
residential treatment.
4)Required courts to give preference to treatment programs that
have a history of successfully treating veterans who suffer
from sexual trauma, traumatic brain injury, PTSD, 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.
5)Mandated the court and assigned treatment program to
collaborate with the Department of Veterans Affairs and the
United States Veterans Administration to maximize benefits and
services provided to the veteran.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
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
COMMENTS : According to the author, "AB 674 protects society
from the worst offenders while enabling mercy and treatment for
the typical vet suffering from PTSD or traumatic brain injury
and aggravated pre-existing disorders that result from their
combat related service."
Please see the policy committee for a full discussion of this
bill.
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Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
317-3744
FN:
0006240