BILL ANALYSIS �
SENATE COMMITTEE ON VETERANS AFFAIRS
LOU CORREA, CHAIRMAN
Bill No: AB 2611
Author: Butler
Version: As Introduced
Hearing Date: June 12, 2012
Fiscal: Yes
Consultant: Donald E. Wilson
SUBJECT OF BILL
Veterans courts
PROPOSED LAW
Allow veterans' courts to be established statewide
EXISTING LAW AND BACKGROUND
1. Many veterans who returned home from Vietnam were
found on skid rows across America a decade later and
then diagnosed with post-traumatic stress disorder
(PTSD).
2. The lack of diagnosis and treatment for PTSD
condemned many to a life most would choose not to
follow. Many have committed suicide or gotten into
trouble with the law.
3. Veterans returning home now not only have PTSD but
also traumatic brain injury (TBI) and both have the
potential to put veterans who are returning home now
in the same position as many of those who returned
from Vietnam. Veterans' advocates have vowed to not
let the same thing happen to this generation.
4. In 2000 California Proposition 36 created
diversionary courts for drug offenders in order to
seek alternative treatments with alternative treatment
advocates declaring victory.
5. Veterans returning home now that are getting in
legal trouble or facing substance abuse problems are
usually those suffering from PTSD and/or TBI and
veterans advocates are hoping that by using
diversionary courts and treating the root cause rather
than the criminal symptom that something can be done
to prevent a lost and wounded generation of veterans.
6. Early in 2011 the Army announced that the number of
soldiers lost to suicide since 9/11 had surpassed
those lost in Afghanistan.
7. Counties such as Orange, San Diego, and Santa Clara
have pilot veteran court programs.
8. SB 851 (Steinberg), of the 2007-08 Legislative
Session, would have authorized superior courts to
develop and implement mental health courts, which may
operate as a pre-guilty plea program, a deferred entry
of judgment program, and/or a parolee mental health
court program. SB 851 was vetoed.
In his veto message, the Governor stated:
"Although the provisions of this bill are to
be implemented contingent upon the availability of
funds, this bill would place a tremendous cost
pressure on the General Fund to increase mental health
services provided to inmates and parolees. The
California Department of Corrections and
Rehabilitation estimates annual costs for the staff
necessary to implement this bill would exceed $14
million annually.
"While I agree that more efforts need to be made to
ensure that prisoners with mental health issues
receive appropriate treatment, this bill allows people
who have committed crimes to avoid punishment
completely because of a mental health issue. This
bill would also enable a defendant to not enter a plea
or make an admission of guilt.
"The mental health courts model specified in this bill
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is an important component of public safety and for
managing our criminal justice system and I hope that
the author will continue to work on mental health
issues, especially as it relates to mentally ill
criminal offenders so that California can
reduce recidivism rates and provide proper treatment
for healthier citizens."
9. AB 201 of 2011 (Butler), which is the same as
this bill, was vetoed by the
present governor for fear of the expectations
that would be put on the
court system.
COMMENT
1. According to the author's office "veterans' courts
are hybrid drug and mental health courts that use the
drug court model to serve veterans struggling with
addiction, serious mental illness and/or co-occurring
disorders. They promote sobriety, recovery, and
stability?"
2. This committee has been working on a code rewrite
with one of the purposes being to create veterans'
courts. In the future this committee will seek to
place this language in the Military and Veterans'
Code.
3. This same bill passed this committee last year by a
vote of 7-0 and passed the senate floor 37-0.
SUPPORT
American Legion, Department of California
AMVETS, Department of California
California Association of County Veteran Service Officers
California State Commanders Veterans Council
California State Sheriffs
Legal Services for Prisoners with Children
National Association of Social Workers, California Chapter
Vietnam Veterans of America, California State Council
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OPPOSE
None received
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