BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2611|
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UNFINISHED BUSINESS
Bill No: AB 2611
Author: Butler (D)
Amended: 8/20/12 in Senate
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 treatment 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 treatment courts.
Senate Floor Amendments of 8/20/12 make the requirements of
the veterans court optional and to add additional options
for a veterans court to include in their programs, and make
CONTINUED
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other technical changes.
ANALYSIS :
Existing law:
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
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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. Allows superior courts to develop and to 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.
2. Makes county participation voluntary.
3. Specifies that a veterans treatment court may have some
or all of the following objectives:
A. Increased cooperation between the courts, criminal
justice, veterans, and their families available
social service and substance-abuse programs.
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
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restrictive environment possible while promoting
public safety.
F. Assist offenders and their family members in
connection 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.
4. States that the veterans treatment 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 trauma
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, the
judicial officer, and others as deemed necessary by
the judicial officer.
5. Suggests guidelines for creating veterans treatment
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 treatment court
ensures that the target population of defendants is
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identified and referred to the veterans treatment
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 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.
E. The elements of the treatment and supervision
programs.
F. Standards for continuing participation in, and
successful completion of, the veterans treatment
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 partners,
and the federal Department of Veterans Affairs (VA)
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 VA, 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 specified.
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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 treatment 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
treatment court.
K. The defendant's voluntary entry into the
veterans treatment court, and the process for
explaining these rights to the defendant.
L. A structure for delivery of peer-to-peer
mentoring offenders.
M. Integrated drug and alcohol testing and
treatment for substance abuse.
N. A graduated system of incentives and sanctions
to motivate offenders to better adhere to treatment
and successfully complete the program.
6. Suggests that each veterans treatment 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, a peer monitoring coordinator or supervisor,
and a VA representative to assist the court with
screening candidates for eligibility and suitability for
VA 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 treatment
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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.
8. States that, to maximum extent possible, veterans who
are participating in a veterans treatment court or other
therapeutic court, and those veterans who are eligible
for diversion, shall be referred to the federal VA for
the purpose of obtaining federal benefits for which they
are eligible.
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 US Department of Justice, in order to establish
a new veterans treatment court.
Comments
The California Psychiatric Association writes,
"Establishing specialized courts for veterans who are
experiencing psychiatric symptoms would help stem the
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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."
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
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 8/21/12)
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 State Commanders Association
California Mental Health Directors Association
California Psychiatric Association
California Public Defenders Association
California State Sheriffs' Association
Legal Services for Prisoners with Children
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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
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:dn 8/21/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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