BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 201|
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THIRD READING
Bill No: AB 201
Author: Butler (D)
Amended: As introduced
Vote: 21
SENATE VETERANS AFFAIRS COMMITTEE : 7-0, 06/14/11
AYES: Correa, Cannella, Berryhill, Negrete McLeod, Rubio,
Runner, Lieu
NO VOTE RECORDED: Calderon
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 06/28/11
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
ASSEMBLY FLOOR : 74-0, 05/05/11 - See last page for vote
SUBJECT : Veterans courts
SOURCE : Author
DIGEST : This bill authorizes superior courts to develop
and implement veterans courts. This bill establishes
standards and procedures for veterans courts and specifies
that county participation in the veterans' courts program
is voluntary.
ANALYSIS : Existing law:
1.Provides that in the case of any person convicted of a
criminal offense who would otherwise be sentenced to
CONTINUED
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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.
2.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.
3.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.
This bill:
1.States that the objective of the veterans courts are:
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A. Increase cooperation between the courts, criminal
justice, veterans, and substance abuse programs;
B. Create a dedicated calendar or a locally developed
collaborative court-supervised veterans mental health
program or system that will lead to placement of as
many mentally ill offenders who are veterans of the
United States (U.S.) military, including those with
post-traumatic stress disorders, traumatic brain
injury, military sexual trauma, substance abuse, or
any mental health problem stemming from United States
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 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.
1.States that the veterans court may have the following
characteristics:
A. Leadership by a superior court judicial officer
assigned by the presiding judge;
B. Enhanced accountability by combining judicial
supervision with rehabilitation service 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,
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H. Direct interaction between defendant and judicial
officer.
1.Suggests guidelines for creating veterans courts,
including:
A. One stakeholder should be a veteran who is a
criminal justice client and has experience with mental
illness;
B. The method by which the veterans court ensures that
the target population of defendants are identified and
referred to the veterans court;
C. The method for assessing defendants who are
veterans for serious mental illness and co-occurring
disorders;
D. Eligibility criteria specifying what factors make
the defendant eligible to participate in the veterans
court, including service in the United States
military, the amenability of the defendant to
treatment and the facts of the case, as well as prior
criminal history, United States military service
history, and mental health and substance abuse
treatment history;
E. The elements of the treatment and supervision
programs;
F. Standards for continuing participation in, and
successful completion of, the veterans court program;
G. The need for all service providers and stakeholders
to receive initial and ongoing training from county
departments and community stakeholders with
specialized knowledge about veterans' treatment and
service needs, such as the county health department,
county veterans officers, county drug and alcohol
department, and Veterans Administration partners, and
the need to provide initial and ongoing training for
designated staff on the nature of serious mental
illness and on the treatment and supportive services
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available in the community;
H. The process to ensure defendants will receive the
appropriate level of treatment series with emphasis on
maximizing federally funded services from the Veterans
Administration and the Department of Veterans Affairs,
as well as the county and other local mental health
and substance abuse treatment services to the extent
that resources are available for that purpose, as
specified;
I. The process for developing or modifying a treatment
plan for each defendant, based on a formal assessment
of the defendant's mental health, United States
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;
J. The process for referring cases to the veterans
court; and,
AA. The defendant's voluntary entry into the veterans
court, and the process for explaining these rights to
the defendant.
1.Suggests that each veterans court team, led by a judicial
officer include a judicial officer to preside over the
court, a prosecutor, a public defender, a county mental
health liaison, a substance abuse liaison, a county
veterans' service officer, a probation officer, and a
Veterans Administration social worker to assist the court
with screening veterans court candidates for eligibility
and suitability in Veterans Administration funded
programs. This team shall 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.
2.States legislative intent that a veterans court judge use
a variety of options for carrying out the goal to ensure
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long-term public safety by maximizing the opportunities
for veterans with psychological war wounds to get timely
and appropriate treatment. States legislative intent in
enacting this section to augment rather than replace
other sections within this code. 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, the components of these offense-specific
counseling terms shall be incorporated into the treatment
programs that are designed to treat the underlying
psychological disorders rather than required in lieu of
the psychological treatments. This holistic approach
ensures that the priority underlying offense is treated
and that offense-specific education and counseling aims
are met.
Background
For the last several years, severe overcrowding in
California's prisons has been the focus of evolving and
expensive litigation. As these cases have progressed,
prison conditions have continued to be assailed, and the
scrutiny of the federal courts over California's prisons
has intensified.
On June 30, 2005, in a class action lawsuit filed four
years earlier, the United States District Court for the
Northern District of California established a Receivership
to take control of the delivery of medical services to all
California state prisoners confined by the California
Department of Corrections and Rehabilitation (CDCR). In
December of 2006, plaintiffs in two federal lawsuits
against CDCR sought a court-ordered limit on the prison
population pursuant to the federal Prison Litigation Reform
Act. On January 12, 2010, a three-judge federal panel
issued an order requiring California to reduce its inmate
population to 137.5 percent of design capacity, a reduction
at that time of roughly 40,000 inmates, within two years.
The court stayed implementation of its ruling pending the
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state's appeal to the U.S. Supreme Court.
On May 23, 2011, the United States Supreme Court upheld the
decision of the three-judge panel in its entirety, giving
California two years from the date of its ruling to reduce
its prison population to 137.5 percent of design capacity,
subject to the right of the state to seek modifications in
appropriate circumstances.
In response to the unresolved prison capacity crisis, in
early 2007 the Senate Committee on Public Safety began
holding legislative proposals which could further
exacerbate prison overcrowding through new or expanded
felony prosecutions.
Comments
According to the author, "AB 201 will promote the
development of Veterans' Courts throughout the state by
strongly encouraging the Judicial Council to develop
practices and identify resources for the purposes of
facilitating veterans' courts in counties. In addition,
this bill strongly encourages the Judicial Council to
develop a compendium of resources to assist all
collaborative courts to understand the unique circumstances
that affect veterans."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/28/11)
American Legion, Department of California
AMVETS, Department of California
California Association of County Veterans Service Officers
California Attorneys for Criminal Justice
California Council of Community Mental Health Agencies
California Mental Health Directors Association
California Psychiatric Association
California Psychological Association
California Public Defenders Association
California State Commanders Veterans Council
Los Angeles County District Attorney's Office
Mental Health Association in California
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Military Officers Association of America, California
Council of Chapters
National Association of Social Workers, California Chapter
State Independent Living Council
Student Veterans of California
Veterans of Foreign Wars of the United States, Department
of California
Vietnam Veterans of America, California State Council
ARGUMENTS IN SUPPORT : The State Independent Living
Council supports this bill stating:
Over the past decade the number of mentally ill
veterans has greatly increased throughout the United
States and the numbers continue to increase.
Approximately 20% of returning forces are likely to
suffer from Post-Traumatic Stress Disorder and
additionally 320,000 returning veterans may have
traumatic brain injuries. In addition, SILC has found
that veterans with disabilities, specifically those
with traumatic brain injuries, are an underserved and
underrepresented group in California. With these
findings it is important that issues that face
returning veterans are addressed. The state
authorizing the superior courts to develop a veterans'
court with the objective of a court-supervised
veteran's mental health program is a step in the right
direction. The program would allow for treatment
instead of punishment, for an illness/injury that
these brave men and women obtained in service of our
country.
The Council considers this bill to be an important
step in ensuring that we continue to support our
veterans.
ASSEMBLY FLOOR : 74-0, 05/05/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Galgiani,
Gatto, Gordon, Grove, Hagman, Halderman, Hall, Harkey,
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Hayashi, Roger Hern�ndez, Hill, Huber, Hueso, Huffman,
Jeffries, Knight, Lara, Logue, Bonnie Lowenthal, Ma,
Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell,
Nestande, Norby, Olsen, Pan, Perea, V. Manuel P�rez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Furutani, Garrick, Gorell, Jones,
Nielsen, Vacancy
RM:nl 6/29/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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