BILL ANALYSIS �
AB 2357
Page 1
Date of Hearing: April 8, 2014
Counsel: Shaun Naidu
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2357 (Skinner) - As Introduced: February 21, 2014
SUMMARY : Requires the Department of Corrections and
Rehabilitation (CDCR) to include data regarding an inmate's
service in the United States military in its mandatory
assessment of all inmates.
EXISTING LAW :
1)Requires CDCR to conduct assessments of all inmates that
include, but are not limited to, data regarding the inmate's
history of substance abuse, medical and mental health,
education, family background, criminal activity, and social
functioning. (Pen. Code, � 3020.)
2)Requires CDCR to use the assessments to place inmates in
programs that will aid in their reentry to society and that
will most likely reduce the inmate's chances of reoffending.
(Pen. Code, � 3020.)
3)Requires the court, in the case of a 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, to determine whether the defendant was a member of
the military who served in combat and to assess whether the
defendant suffers from PTSD, substance abuse, or psychological
problems as a result of that service. (Pen. Code, � 1170.9,
subd. (a).)
4)States that if the court concludes that a defendant convicted
of a criminal offense was a member of the military 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
AB 2357
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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.
(Pen. Code, � 1170.9, subd. (b).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 2357 would
require the Department of Corrections and Rehabilitation, when
conducting its standard assessment of an inmate prior to his
or her release on parole, to also consider the inmate's
service in the United States military. The assessment is used
to place inmates in programs designed to aid their reentry to
society and reduce their chances of reoffending. This would
also address one of the main barriers to re-entry by helping
formerly incarcerated veterans access physical, mental health
or substance abuse services that they may need and are
entitled to through their military services."
2)Incarcerated Veterans in California : Data on the number of
incarcerated veterans is difficult to obtain. One of the
reasons is because, until recently, this information was
self-reported. The California Department of Corrections and
Rehabilitation has informed this committee, however, that as
of February 2014, the department can now verify prior military
service through a data exchange with the U.S. Department of
Veterans Affairs (USDVA). As of February 2014, there are
4,521 currently-incarcerated inmates at CDCR verified by the
USDVA as having prior military service.
3)Rehabilitative Programs within CDCR : Rehabilitative
programing in the state prison system is under the control of
the Division of Rehabilitative Programs within CDCR. Programs
are offered in in-prison, including reentry hubs, and during
parole. (What We Do, California Department of Corrections &
Rehabilitation
[as of
Apr. 2, 2014].) Programs offered while an inmate is in
custody include adult basic education, career technical
education, general education development, the Offender Mentor
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Certification Program, transition programs, and college
voluntary education programs. (Ibid.)
4)Argument in Support : AMVETS-Department of California and
other supporters of this bill state, "We think it is important
to collect the data identifying if inmates are veterans for
both statistical purposes and so that they may be assisted in
claiming any veterans benefits they or their families may be
entitled to and any possible mental health issues."
5)Current Legislation :
a) AB 2098 (Levine) seeks to require the court to consider
a defendant's status as a veteran suffering from PTSD or
other forms of trauma when making specified sentencing
determinations AB 2098 is pending on the floor of the
Assembly.
b) AB 2263 (Bradford) seeks to require a parole agent to be
appointed as a veterans service officer at each facility
that is under the jurisdiction of CDCR. AB 2263 is pending
in the Committee on Veteran Affairs.
c) SB 1227 (Hancock) authorizes pretrial diversion for
members of the military for specified offenses. SB 1227 is
pending in the Senate Committee on Public Safety.
6)Prior Legislation :
a) SB 769 (Block), Chapter 46, Statutes of 2013, clarifies
that dismissal of a case under provisions for veteran
defendants who had military-service-related mental health
issues does not restore a defendant's right to possess a
firearm, and does not prevent conviction for being a felon
or drug addict in possession of a firearm.
b) AB 2371 (Butler), Chapter 403, Statutes of 2012,
provides restorative relief to a veteran defendant who
acquires a criminal record due to a mental disorder
stemming from military service.
c) AB 201 (Butler) and AB 2611 (Butler), of the 2011-12
Legislative Session, authorized superior courts to develop
and implement veterans' courts. Both bills were vetoed.
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d) AB 674 (Salas), Chapter 347, Statutes of 2010, allows a
court to order a defendant who suffers from sexual trauma,
traumatic brain injury, PTSD, substance abuse, or mental
health problems as a result of military service into a
treatment program or veteran's court for a period not to
exceed that which the defendant would have served in state
prison or jail.
e) AB 900 (Solorio), Chapter 7, Statutes of 2007, among
other things, requires CDCR to conduct assessments of
inmates and to use those assessments to place inmates in
appropriate programs to aid their reentry into society and
reduce recidivism.
f) AB 2586 (Parra), Chapter 788, Statutes of 2006, allows
the court to consider a treatment program, in lieu of
incarceration, as a condition of probation in cases
involving military veterans who suffer from PTSD, substance
abuse, or psychological problems stemming from their
military service.
REGISTERED SUPPORT / OPPOSITION :
Support
AMVETS, Department of California (Co-Sponsor)
Vietnam Veterans of America-California State Council
(Co-Sponsor)
The American Legion, Department of California
California Association of County Veterans Service Officers
California Public Defenders Association
California State Commanders Veterans Council
VFW-Department of California
Opposition
None
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744