BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2611|
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THIRD READING
Bill No: AB 2611
Author: Butler (D)
Amended: As introduced
Vote: 21
SENATE VETERANS AFFAIRS COMMITTEE : 7-0, 6/12/12
AYES: Correa, Cannella, Berryhill, Calderon, Negrete
McLeod, Rubio, Lieu
NO VOTE RECORDED: Runner
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/19/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
ASSEMBLY FLOOR : 74-0, 5/17/12 - See last page for vote
SUBJECT : Veterans courts
SOURCE : American Legion-Department of California
AMVETS-Department of California
California Association of County Veterans
Service Officers
Vietnam Veterans of America-California Council
DIGEST : This bill authorizes superior courts to
implement veterans courts.
ANALYSIS :
Existing law:
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1. 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 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
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defendant.
This bill:
1. Allows superior courts to develop and to implement
veterans courts.
2. Makes county participation voluntary.
3. Specifies that the objectives of veterans courts are:
A. Increased 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 or system 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 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. Improved access to necessary services and support.
D. To reduce recidivism.
E. To reduce the involvement of veterans in the
criminal justice system and time in jail by making
mental health services available in the least
restrictive environment possible while promoting
public safety.
4. 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
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supervision with rehabilitation service that are
rigorously monitored and focused on recovery.
C. A problem solving focus.
D. 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.
H. Direct interaction between defendant and
judicial officer.
5. 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 is
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.
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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 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.
K. The defendant's voluntary entry into the
veterans court, and the process for explaining
these rights to the defendant.
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6. Suggests that each veterans court team, led by a
judicial officer, may 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 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.
7. States legislative intent that a veterans court judge
should 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. 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.
Prior Legislation
AB 201(Butler), which is identical to this bill, was vetoed
by the Governor last year. His message stated, "This
measure would authorize superior courts to establish
dedicated programs to serve eligible veterans of the United
States military. While the provisions of this bill are
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well-intended, they create a clear expectation that our
courts-already struggling with painful budget cuts--will
establish a new program. Given current budgetary
constraints, the decision to adopt this kind of
program-something already within the courts' authority--is
better left to the sound discretion of the judiciary."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/20/12)
American Legion-Department of California (co-source)
AMVETS-Department of California (co-source)
California Association of County Veterans Service Officers
(co-source)
Vietnam Veterans of America-California Council (co-source)
California Attorneys for Criminal Justice
California Mental Health Directors Association
California Psychiatric Association
California Public Defenders Association
California State Sheriffs' Association
Legal Services for Prisoners with Children
National Association of Social Workers, California Chapter
Office of the Deputy Assistant of the Secretary of Defense
Veterans of Foreign Wars of the United States Department of
California
ARGUMENTS IN SUPPORT : The California Psychiatric
Association writes, "Establishing specialized courts for
veterans who are experiencing psychiatric symptoms would
help stem the effects of an epidemic of depression,
anxiety, stress disorders and suicidal thought and acts
among those returning from Iraq and Afghanistan. When
psychiatric disorders in general go untreated it is common
for symptomatic individuals to commit crimes-usually
non-violent crimes. Untreated mental disorders also result
in many needless emergency room trips, hospitalizations,
and a high rate of health disorders-all of which are very
costly to communities, the state, and society at large.
Mental health Court data generally demonstrates a reduction
in criminal activity as well as a stabilization of mental
illness. Veterans need access to evidence based programs."
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ASSEMBLY FLOOR : 74-0, 5/17/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Campos, Carter, Cedillo,
Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fong, Fuentes, Furutani, Beth Gaines, Galgiani,
Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman,
Hall, Harkey, Hayashi, Roger Hern�ndez, Hill, Huber,
Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Ma,
Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell,
Nestande, Nielsen, Norby, Olsen, Pan, V. Manuel P�rez,
Portantino, Silva, Smyth, Solorio, Swanson, Torres,
Valadao, Wagner, Wieckowski, Williams, John A. P�rez
NO VOTE RECORDED: Charles Calderon, Fletcher, Bonnie
Lowenthal, Perea, Skinner, Yamada
RM:d 6/20/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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