BILL ANALYSIS
AB 1013
Page 1
Date of Hearing: April 14, 2009
Consultant: Larry Yee
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 1013 (Block) - As Amended: April 2, 2009
SUMMARY : Requires the California Department of Corrections and
Rehabilitation (CDCR) to conduct interdisciplinary assessments
of new inmates who are veterans and to develop a specialized
treatment protocol. Specifically, this bill :
1)States legislative intent to recognize the physical and mental
factors, including post-traumatic stress disorders (PTSD),
that impact men and women who have served in the Armed Forces
and sentenced to state prison.
2)Provides that on or before July 1, 2010, the CDCR shall
conduct an interdisciplinary assessment of new inmates who
have served in the Armed Forces.
3)Provides that the interdisciplinary assessment shall
supplement and confirm collected pre-sentencing assessment
data.
4)Provides that during the reception of an inmate who has served
in the Armed Forces an assessment of the inmate shall be
conducted, including, but not limited to, consideration of:
a) Substance abuse history;
b) Criminal activity, including gang involvement;
c) Education, including vocational training and related
skills;
d) Family background;
e) Social functioning, including employment history, social
skills, and religious involvement;
f) Medical and mental health status, including dental
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issues and physical disabilities; and,
g) Symptoms of PTSD.
5)Provides that CDCR shall employ interdisciplinary teams to
conduct reviews of the assessments and data. The
interdisciplinary teams shall, based upon needs of the inmate
and department policies, seek input from appropriate
professionals, including:
a) Social workers;
b) Correctional counselors;
c) Educational counselors;
d) Vocational counselors;
e) Psychologists;
f) Physician's assistants or physicians; and,
g) Mental health counselors
6)Provides that CDCR shall develop specialized treatment
protocols based on data collected at the assessments.
EXISTING LAW :
1)Requires the CDCR to conduct assessments of all inmates,
including data regarding the inmate's history of substance
abuse, medical and mental health, education, family
background, criminal activity, and social functioning. The
assessments shall be used to place inmates in programs that
will aid in their reentry to society and that will most likely
reduce the inmate's chances of re-offending. [Penal Code
Section 3020.]
2)Provides that the CDCR shall implement a system of incentives
to increase inmate participation in, and completion of,
academic and vocational education, consistent with the
inmate's educational needs as identified in the assessment
pursuant to Penal Code Section 3020, including literacy level,
high school diploma, or vocational skill. [Penal Code Section
2054.2.]
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3)Provides 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. [Penal Code Section
1170.9(a).]
4)States that if the court concludes that a defendant convicted
of a criminal offense was a member of the military forces of
the United States suffering from PTSD, substance abuse, or
psychological problems stemming from service in a combat
theater 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, non-profit 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. [Penal Code Section
1170.9(b).]
5)Obligates counties to provide mental health treatment services
to members of the military forces of the United States
suffering from PTSD, substance abuse, or psychological
problems stemming from service in a combat theater 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
officer. 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. [Penal Code Section 1170.9(c).]
FISCAL EFFECT : Unknown
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COMMENTS :
1)Author's Statement : According to the author, "Returning
veterans from combat service in places like Iraq or
Afghanistan often experience difficulty re-entering civilian
life. The exposure to military combat can sometimes manifest
itself in psychological disorders that if undiagnosed or
untreated can have negative consequences. Requiring the CDCR
to conduct interdisciplinary assessments of veteran inmates
and to develop specialized treatment protocols for those with
combat experience are essential to veteran inmates
rehabilitation."
2)Background : According to the background submitted by the
author, "CDCR does not verify veteran status of inmates at
intake. As a result, it is not possible to assess the impact
military service has had on the inmate and the treatment
necessary for disorders associated with service. Conditions
such as PTSD that soldiers may experience as a result of
combat can be treated if they are identified and properly
diagnosed. Failure to identify an inmate's veteran status can
lead to inadequate assessments and treatment."
3)Incarcerated Veterans : A 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. [See Mental Illness Appears
Common among Veterans Returning from Iraq and Afghanistan,
Science Daily (Mar. 13, 2007)
(as of Mar. 23, 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 generally, Hoge, M.D., Combat Duty
in Iraq and Afghanistan, Mental Health Problems, and Barriers
to Care (2004) 351 N. Engl. J. Med., pp. 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 March 23, 2009).]
Three-quarters of veterans in state prisons reported past drug
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use and one-quarter reported being on drugs at the time of the
offense for which they were incarcerated. [Noonan & Mumola,
U.S. Dep't of Just., Veterans in State and Federal Prison,
2004 (2007) p. 5.] [See also Cot?, Military vet charged with
pharmacy holdups blames drug addiction, San Francisco
Chronicle (Sep. 3, 2007) (detailing the experience of an
Bosnia veteran who reports a prescription painkiller addiction
from a broken hip while in the military, and post-traumatic
stress disorder as a result of his combat experience, and the
substandard quality of military medical care, which he says
led to his arrest for the holdups of two pharmacies).]
Providing meaningful mental health treatment has been shown to
significantly reduce recidivism rates, with studies showing
decreases of over 20%. [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 6% in
recidivism rates where meaningful chemical dependency services
are provided to prisoners. (Id. at pp. 3, 19.) 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%. (Id. at p.4.)
4)Technical Correction : If future amendments are made, it is
suggested that on Page 1, Line 4, before "Armed Forces"
insert: "United States".
5)Arguments in Support :
a) According to the American Legion, Department of
California , and the Vietnam Veterans of America, California
State Council , "This will allow CDCR to assess the impact
that PTSD or any military service has on the inmate
population in the state's correctional facilities and
develop treatment methods appropriate for handling PTSD
problems."
b) According to the California Public Defenders
Association , "Veterans often experience undiagnosed or
untreated PTSD and traumatic brain injury. In addition,
veterans sometimes manifest undiagnosed symptoms of other
stressors based on their exposure to a military combat
situation, including psychological disorders, such a severe
depression, anxiety disorder, panic disorder, and bipolar
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disorder as a direct result of their military service.
Returning veterans are often the least able to cope in a
world now so unfamiliar and pre-existing social support
systems may no longer be in place. Unemployment rates for
veterans are on the rise and are disproportionately higher
than unemployment rates for non-veterans.
"Consequently, untreated mental heath disorders and substance
abuse and other self-destructive addictions and behaviors
dump veterans into the criminal justice system's vicious
cycle of imprisonment, re-imprisonment and homelessness.
Requiring CDCR to conduct interdisciplinary assessments of
new veterans inmates is an important first step. Such
assessments must take place with the collaboration of
qualified medical, mental heath and social service
professionals. The second and more critical component is
to create and actually implement evidence-based, in-custody
treatment protocols to truly provide tools to veteran
inmates to ensure their successful reintegration into
society upon their release."
6)Prior Legislation : AB 2671 (Salas), of the 2007-08
Legislative Session, would have required the CDCR to create a
pre-release program for incarcerated honorably discharged
veterans to apply for state and federal benefits for veterans,
and would have collected data on how many prison inmates are
military veterans. AB 2671 was vetoed. In his veto message,
the Governor stated, "This bill is unnecessary, as the CDCR is
already finalizing a prerelease process for incarcerated
veterans, as would be required under this bill. In addition,
the CDCR already asks inmates about their veteran status upon
intake into prison. Therefore, this bill is not needed in
order to ensure that incarcerated veterans are identified and
that their benefits needs are met."
REGISTERED SUPPORT / OPPOSITION :
Support
American Legion, Department of California
American Legion Legislative Post 861
California Public Defenders Association
Vietnam Veterans of America
Opposition
AB 1013
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None
Analysis Prepared by : Larry Yee / PUB. S. / (916) 319-3744