BILL NUMBER: AB 2611 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 20, 2012
INTRODUCED BY Assembly Member Butler
FEBRUARY 24, 2012
An act to add Chapter 2.97 (commencing with Section 1001.95) to
Title 6 of Part 2 of the Penal Code, relating to veterans
treatment courts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2611, as amended, Butler. Veterans treatment courts.
Existing law provides for the diversion of specified criminal
offenders in alternate sentencing and treatment programs.
Existing law authorizes a court to order a defendant who is a member
of the United States military who may be suffering from sexual
trauma, traumatic brain injury, post-traumatic stress disorder,
substance abuse, or mental health problems as a result of that
service 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.
This bill would authorize superior courts to develop and implement
veterans treatment courts for eligible veterans of the
United States military with the objective of, among other things,
creation of a dedicated calendar or a locally developed ,
collaborative , court-supervised veterans
veterans' mental health program or system that
leads to the placement of as many mentally ill offenders who are
veterans of the United States military, including those with
post-traumatic stress disorder, traumatic brain injury, military
sexual trauma, substance abuse, or any mental health problem stemming
from military service, in community treatment as is feasible and
consistent with public safety. The bill would provide that county
participation is voluntary. The bill would declare the intent of the
Legislature that, where there are statutory requirements for certain
education or counseling programs to be included in the terms of
probation, the components of those counseling terms be
required to be incorporated into the treatment programs
that are designed to treat the underlying psychological disorders
rather than requiring them in lieu of the psychological treatments.
The bill would require, to the maximum extent possible, that
veterans who are participating in a veterans treatment court or who
are eligible for diversion, as specified, be referred to the federal
Department of Veterans Affairs for the purpose of obtaining federal
benefits. The bill would encourage veterans treatment courts to
maintain information and statistics on the success rate of their
court for use by the Legislature and the Judicial Council of
California, and would authorize all superior courts to apply for
federal grants to establish new veterans treatment courts.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 2.97 (commencing with Section 1001.95) is added
to Title 6 of Part 2 of the Penal Code, to read:
CHAPTER 2.97. DIVERSION OF VETERANS
1001.95. (a) Superior courts are hereby authorized to develop and
implement veterans treatment courts , which are
highly beneficial to the people of California due to greatly reduced
rates of recidivism compared to nontreatment court approaches
involving offenders . Participation by a county shall be
voluntary.
(b) For purposes of this section, a veterans treatment
court shall may have some or all
of the following objectives:
(1) Increase cooperation between the courts, criminal justice,
veterans and their families, available social services ,
and substance abuse systems programs .
(2) Creation of a dedicated calendar or a locally developed ,
collaborative , court-supervised veterans
veterans ' mental health program or
system that contains the characteristics set out in subdivision (c)
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, 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.
(3) Improve access to necessary services and support.
(4) Reduce recidivism.
(5) Reduce the involvement of veterans in the criminal justice
system and time in jail by making mental health service
services for veterans available in the least
restrictive environment possible while promoting public safety.
(6) Assist offenders and their family members in connecting with
local services that may help in securing counseling, employment,
housing, and financial assistance, so that offenders can return to
being productive members of society.
(c) For purposes of this section, a veterans treatment
court may have the following characteristics:
(1) Leadership by a superior court judicial officer assigned by
the presiding judge.
(2) Enhanced accountability by combining judicial supervision with
rehabilitation services that are rigorously monitored and focused on
trauma recovery as required by Section 1170.9
.
(3) A problem solving focus.
(4) A team approach to decisionmaking.
(5) Integration of social and treatment services.
(6) Judicial supervision of the treatment process, as appropriate.
(7) Community outreach efforts.
(8) Direct interaction between defendant and
, the judicial officer , and others as deemed
necessary by the judicial officer .
(d) In developing a veterans treatment court, the
county and court stakeholders through a collaborative process may
develop a plan that uses this section as a guideline. It is
recommended that at least one stakeholder should be a criminal
justice client who is a veteran who has lived with the experience of
mental illness as described in paragraph (2) of subdivision (b). The
plan should consider incorporating as many of the following
components as feasible:
(1) The method by which the veterans treatment court
ensures that the target population of defendants is identified and
referred to the veterans treatment court.
(2) The method for assessing defendants who are veterans for
serious mental illness and co-occurring disorders.
(3) Eligibility criteria prescribed by Section
1170.9 specifying what factors make the defendant eligible to
participate in the veterans treatment 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.
(4) The elements of the treatment and supervision programs.
(5) Standards for continuing participation in, and successful
completion of, the veterans treatment court program.
(6) 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 federal Department of Veterans Affairs
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 available in the community.
(7) The process to ensure defendants will receive the appropriate
level of treatment services with emphasis on maximizing federally
funded services from the Veterans Administration
federal Department of Veterans Affairs, other federal agencies,
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
described in paragraph (5) of subdivision (b) of Section 5600.3 of
the Welfare and Institutions Code.
(8) 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 treatment
court shall require defendants to complete the recommended
treatment plan and comply with other terms and conditions that
optimize the likelihood that the defendant will complete the program.
(9) The process for referring cases to the veterans treatment
court.
(10) A defendant's voluntary entry into the veterans
treatment court, the right of a defendant to withdraw from the
veterans treatment court, and the process for explaining
these rights to the defendant.
(11) A structure for delivery of peer-to-peer mentoring offenders.
(12) Integrated drug and alcohol testing and treatment for
substance abuse.
(13) A graduated system of incentives and sanctions to motivate
offenders to better adhere to treatment and successfully complete the
program.
(e) In developing a veterans program, each veterans treatment
court team, led by a judicial officer, may, to the extent
feasible, 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, probation officer, peer monitoring coordinator or
supervisor, and a Veterans Administration social
worker federal Department of Veterans Affairs (VA)
representative to assist the court with screening veterans
treatment court candidates for eligibility and suitability
in Veterans Administration for VA
funded programs. The veterans treatment 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.
(f) For the purposes of this section, it is the intent of the
Legislature that a veterans treatment 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. It
is the intent of the Legislature 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, for
example, first conviction programs for driving under the influence
offenders under Section 23152 of the Vehicle Code or domestic
violence offenders under Section 273.5 of the Penal Code, 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.
(g) To the maximum extent possible, veterans who are participating
in a veterans treatment court or other therapeutic court, and those
veterans who are eligible for diversion under Section 1170.9, shall
be referred to the federal Department of Veterans Affairs for the
purpose of obtaining federal benefits for which they are eligible.
1001.96. (a) All veterans treatment courts are encouraged to
maintain information and statistics on the success rate of their
court for use by the Legislature and the Judicial Council of
California.
(b) Superior courts are hereby authorized to apply for federal
grants, including grants available from the United States Department
of Justice, in order to establish a new veterans treatment court.