BILL ANALYSIS
AB 1925
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1925 (Salas)
As Amended August 2, 2010
Majority vote
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|ASSEMBLY: |76-0 |(June 2, 2010) |SENATE: |34-0 |(August 11, |
| | | | | |2010) |
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Original Committee Reference: PUB. S.
SUMMARY : Authorizes superior courts to develop and implement
preguilty plea programs, deferred entry of judgment (DEJ)
programs, and/or postguilty plea veterans court programs.
The Senate amendments :
1)State legislative intent that a veterans court judge use a
variety of options for carrying out the goal to ensure
long-term public safety by maximizing the opportunities for
veterans with psychological war wounds to get timely and
appropriate treatment. Legislative intent in enacting this
section is to augment, rather than replace, other sections, as
specified. The judicial officer has a variety of tools
available to reach these goals and shall exercise discretion
and use all tools available to ensure public safety and assist
defendants to successfully complete appropriate treatment for
the problems underlying their offenses. Where there are
statutory requirements for certain education or counseling
programs to be included in the terms of probation, for
example, first-conviction programs for
driving-under-the-influence offenders or domestic violence
offenders, the components of these offense-specific counseling
terms shall be incorporated into treatment programs designed
to treat the underlying psychological disorders rather than
required in lieu of the psychological treatments. This
approach ensures that the priority underlying offense is
treated and that offense-specific education and counseling
aims are met.
2)Emphasize the use of federally funded services from the
Veterans Administration and the Department of Veterans
affairs.
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3)Make other technical, non-substantive changes.
AS PASSED BY THE ASSEMBLY, this bill authorized superior courts
to develop and implement preguilty plea programs, DEJ programs,
and/or postguilty plea veterans court programs for serious and
violent felonies. Specifically, this bill :
1)Allowed superior courts to develop and implement veterans
courts. Participation by a county shall be voluntary, but a
county that chooses to participate shall conform its
participation to this chapter.
2)Provided that a veterans court shall have the following
objectives:
a) Increase cooperation between the courts, criminal
justice, veterans, and substance abuse systems;
b) Creation of a dedicated calendar or a locally developed
collaborative court-supervised veterans mental health
program that will lead to placement of as many mentally ill
offenders who are veterans of the United States military,
including those with post-traumatic stress disorder (PTSD),
traumatic brain injury, military sexual trauma, substance
abuse, or any mental health problem stemming from United
States (U.S.) military service, in community treatment, as
is feasible and consistent with public safety;
c) Improve access to necessary services and support;
d) Reduce recidivism; and,
e) Reduce the involvement of veterans in the criminal
justice system and time in jail by making mental health
service for veterans available in the least restrictive
environment possible while promoting public safety.
3)Required that all veterans courts shall have the following
characteristics:
a) Leadership by a superior court judicial officer assigned
by the presiding judge;
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b) Enhanced accountability by combining judicial
supervision with rehabilitation services that are
rigorously monitored and focused on recovery;
c) A problem-solving focus;
d) A team approach to decision making;
e) Integration of social and treatment services;
f) Judicial supervision of the treatment process, as
appropriate;
g) Community outreach efforts; and,
h) Direct interaction between defendant and judicial
officer.
4)Mandated that in developing a veterans court, the presiding
judge or his or her designee shall contact the county board of
supervisors, the county administrative officer, or their
designee to convene; if a county chooses to participate, the
county and court stakeholders, through a collaborative process
with these stakeholders, shall develop a plan consistent with
this section. At least one stakeholder should be a criminal
justice client who is a veteran who has lived with the
experience of mental illness. The plan shall address at a
minimum all of the following components:
a) The method by which the veterans court ensures that the
target population of defendants are identified and referred
to the veterans court;
b) The method for assessing defendants who are veterans for
serious mental illness and co-occurring disorders;
c) Eligibility criteria specifying what factors make the
defendant eligible to participate in the veterans court,
including service in the U.S. military, the amenability of
the defendant to treatment and the facts of the case, as
well as prior criminal history, U.S. military service
history, and mental health and substance abuse treatment
history.
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d) The elements of the treatment and supervision in
programs;
e) Standards for continuing participation in, and
successful completion of, the veterans court program;
f) The need for the county mental health department and the
drug and alcohol department to provide initial and ongoing
training for designated staff on the nature of serious
mental illness and on the treatment and supportive services
available in the community;
g) The process to ensure defendants will receive the
appropriate level of treatment services, the county and
other local agencies shall be obligated to provide mental
health treatment services only to the extent that resources
are available for that purpose;
h) The process for developing or modifying a treatment plan
for each defendant, based on a formal assessment of the
defendant's mental health, U.S. military service history,
and substance abuse treatment needs. Participation in the
veterans court shall require defendants to complete the
recommended treatment plan, and comply with any other terms
and conditions that optimizes the likelihood that the
defendant completes the program;
i) The process for referring cases to the veterans court;
and,
j) A defendant's voluntary entry into the veterans court,
the right of a defendant to withdraw from the veterans
court, and the process for explaining these rights to the
defendant.
5)Required veterans programs to be led by a judicial officer and
shall include, but not be limited to, a judicial officer to
preside over the court, prosecutor, public defender, county
mental health liaison, substance abuse liaison, county
veterans' service officer, and probation officer. The
veterans court team will determine the frequency of ongoing
reviews of the progress of the offender in community treatment
in order to ensure the offender adheres to the treatment plan
as recommended, remains in treatment, and completes treatment.
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6)Allowed a veterans court to operate as a pre-guilty plea
program, wherein criminal proceedings are suspended without a
plea of guilty for designated defendants. If the court finds
that the defendant is not performing satisfactorily in the
assigned program, or that the defendant is not benefiting from
education, treatment, or rehabilitation, the court shall
consider modification of the treatment plan or reinstate the
criminal charge or charges. If the court finds that the
defendant has engaged in criminal conduct rendering him or her
unsuitable for the pre-guilty plea program, the court shall
reinstate the criminal charge or charges. If the defendant
has performed satisfactorily during the period of the
pre-guilty plea program, at the end of that period, the
criminal charge or charges shall be dismissed.
7)Allowed a veterans court to operate as a DEJ program. If the
defendant is found eligible, the prosecuting attorney shall
file with the court a declaration in writing or state for the
record the grounds upon which the determination is based, and
shall make this information available to the defendant and his
or her attorney. This procedure is intended to allow the
court to set the hearing for deferred entry of judgment at the
arraignment. If the defendant is found ineligible for DEJ,
the prosecuting attorney shall file with the court a
declaration in writing or state for the record the grounds
upon which the determination is based, and shall make this
information available to the defendant and his or her
attorney. The sole remedy of a defendant who is found
ineligible for DEJ is a post-conviction appeal. If the
prosecuting attorney determines that this section may be
applicable to the defendant, he or she shall advise the
defendant and his or her attorney in writing of that
determination. This notification shall include all of the
following:
a) A full description of the procedures for DEJ;
b) A general explanation of the roles and authorities of
the probation department, the prosecuting attorney, the
program, and the court in the process;
c) A clear statement that, in lieu of trial, the court may
grant DEJ provided that the defendant pleads guilty to each
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charge and waives time for the pronouncement of judgment,
and that upon the defendant's successful completion of a
program the positive recommendation of the program
authority and the motion of the prosecuting attorney, the
court, or the probation department, the court shall dismiss
the charge or charges against the defendant;
d) A clear statement that upon failure of treatment or
condition under the program the prosecuting attorney or the
probation department or the court on its own may make a
motion to the court for entry of judgment, and the court
shall render a finding of guilty to the charge or charges
pled, enter judgment, and schedule a sentencing hearing;
and,
e) An explanation of criminal record retention and
disposition resulting from participation in the DEJ program
and the defendant's rights relative to answering questions
about his or her arrest and DEJ following successful
completion of the program.
8)Allowed the veterans court to operate as a post-guilty plea
program wherein the defendant has entered a guilty plea or has
been sentenced and is on probation. If the defendant has
performed satisfactorily during the period of the post-guilty
plea program, at the end of that period, the criminal charge
or charges may be dismissed.
9)Made entry into the veterans court program is voluntary. Once
an individual chooses to enter, the defendant shall comply
with the conditions of participation specified by the court.
10)Prohibited an individual's duration in the veterans court
program to exceed his or her maximum sentence plus probation
or parole.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "Veterans with
combat-related mental illness in the criminal justice system
often face unique challenges which traditional courts are often
ill-equipped to address. AB 1925 modifies the California Penal
Code to better address the particular needs of veterans by
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providing a template for the creation of new veterans courts
throughout the state. AB 1925 sets the stage for the
formalization of relationships between judges, district
attorneys, public defenders, veterans' service agencies,
residential treatment organizations, and others. AB 1925
standardizes the structure of veterans' courts and establishes a
clear process for the formation of new courts, while maintaining
local control over the establishment of these courts."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744
FN:
0005519