Bill Text: CA AB983 | 2015-2016 | Regular Session | Introduced
Bill Title: Veterans courts.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB983 Detail]
Download: California-2015-AB983-Introduced.html
BILL NUMBER: AB 983 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Mathis
(Coauthor: Assembly Member Maienschein)
(Coauthor: Senator Anderson)
FEBRUARY 26, 2015
An act to add Chapter 2.97 (commencing with Section 1001.100) to
Title 6 of Part 2 of the Penal Code, relating to veterans courts.
LEGISLATIVE COUNSEL'S DIGEST
AB 983, as introduced, Mathis. Veterans courts.
Existing law provides for the diversion of specified criminal
offenders in alternate sentencing and treatment programs. Existing
law authorizes the court, with the consent of the defendant and a
waiver of the defendant's speedy trial right, to postpone
prosecution, either temporarily or permanently, of a misdemeanor and
place the defendant in a pretrial diversion program, if the defendant
was, or currently is, a member of the United States military and if
he or she may be suffering from sexual trauma, traumatic brain
injury, post-traumatic stress disorder, substance abuse, or mental
health problems as a result of his or her military service.
This bill would require superior courts to develop and implement
veterans 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 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 make a related statement of legislative intent.
This bill would require a county and court stakeholders to utilize
a collaborative process to develop a plan for a veterans court that
satisfies the bill's requirements. The bill would require a veterans
court to be administered by a veterans court team led by a judicial
officer to preside over the court, and would require that other
members of the veterans court team, to the extent feasible, include,
but not be limited to, 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 veterans court
candidates for eligibility and suitability in Veterans Administration
funded programs. The bill would require the veterans court team to
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. By increasing the duties of local officials,
the bill would impose a state-mandated local program.
The bill would authorize a superior court, in order to satisfy the
bill's requirements, to partner with another superior court in the
same county or a superior court in a neighboring county to provide
access to a veterans court if that veterans court satisfies the bill'
s requirements.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 2.97 (commencing with Section 1001.100) is
added to Title 6 of Part 2 of the Penal Code, to read:
CHAPTER 2.97. VETERANS COURTS
1001.100. (a) Except as provided in Section 1001.101, each
superior court shall develop and implement a veterans court.
(b) A veterans court established pursuant to this chapter shall
accomplish all of the following objectives:
(1) Increase cooperation between the courts, criminal justice,
veterans, and substance abuse systems.
(2) Create a dedicated calendar or a locally developed
collaborative court-supervised 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 for veterans
available in the least restrictive environment possible while
promoting public safety.
(c) A veterans court established pursuant to this chapter shall
have all of 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
recovery.
(3) A problem solving focus.
(4) A team approach to decisionmaking, including, but not limited
to, involving the defendant who is a veteran in the creation of a
treatment plan and goals.
(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 judicial officer.
(d) (1) The county and court stakeholders shall utilize a
collaborative process to develop a plan for a veterans court that
satisfies the requirements of this section.
(2) At least one stakeholder shall 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).
(3) The plan shall incorporate as many of the following components
as feasible:
(A) The method by which the veterans court ensures that the target
population of defendants are identified and referred to the veterans
court.
(B) The method for assessing defendants who are veterans for
serious mental illness and co-occurring disorders.
(C) 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.
(D) The elements of the treatment and supervision programs.
(E) Standards for continuing participation in, and successful
completion of, the veterans court program.
(F) 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.
(G) The process to ensure defendants will receive the appropriate
level of treatment services 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 described in paragraph
(5) of subdivision (b) of Section 5600.3 of the Welfare and
Institutions Code.
(H) 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.
(I) The process for referring cases to the veterans court.
(J) A defendant's voluntary entry into the veterans court, the
right of a defendant to withdraw from the veterans court, and the
process for explaining these rights to the defendant.
(e) (1) A veterans court shall be administered by a veterans court
team led by a judicial officer to preside over the court.
(2) Other members of the veterans court team shall, to the extent
feasible, include, but not be limited to, 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 veterans court candidates for eligibility and suitability
in Veterans Administration funded programs.
(3) The veterans court 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.
(f) For the purposes of this section, it is the intent of the
Legislature to do all of the following:
(1) Reduce costs to the state through decreased recidivism in a
manner consistent with 2011 Realignment.
(2) Provide a veterans court judge 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.
(3) Ensure that a veterans court judge exercises discretion and
uses all tools available to ensure public safety and assist
defendants to successfully complete appropriate treatment for the
problems underlying their offenses.
(4) Augment, rather than replace, other sections within this code.
(5) Ensure a holistic approach that the priority underlying
offense is treated and that offense-specific education and counseling
aims are met. 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, it
is the intent of the Legislature that the components of those
offense-specific counseling terms be incorporated into the treatment
programs that are designed to treat the underlying psychological
disorders rather than required in lieu of the psychological
treatments.
1001.101. In order to satisfy the requirements of Section
1001.100, a superior court may partner with another superior court in
the same county or a superior court in a neighboring county to
provide access to a veterans court if that veterans court satisfies
the requirements of Section 1001.100.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
