BILL NUMBER: SB 1227 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 27, 2014
INTRODUCED BY Senator Hancock
FEBRUARY 20, 2014
An act to add Chapter 2.9C (commencing with Section 1001.80) to
Title 6 of Part 2 of the Penal Code, relating to diversion.
LEGISLATIVE COUNSEL'S DIGEST
SB 1227, as amended, Hancock. Diversion: members of the military.
Under existing law, prosecution of an offense filed as a
misdemeanor may be postponed, either temporarily or permanently, at
any point in the judicial process from the point at which the accused
is charged until adjudication, for the person charged to participate
in a diversion program for the treatment of problem drinking or
alcoholism. Additionally, prosecution may be postponed in other
instances, including first-time, nonviolent felony drug offenses and
for defendants with cognitive developmental disabilities.
This bill would authorize 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 or a felony for which a sentence would be served in a
county jail 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. The bill would authorize the defendant to be
referred to services for treatment and would require the responsible
agencies to report to the court and the prosecution not less than
every 6 months. By increasing the duties of local county mental
health authorities and local prosecutors, this bill would impose a
state-mandated local program.
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 2.9C (commencing with Section 1001.80) is added
to Title 6 of Part 2 of the Penal Code, to read:
CHAPTER 2.9C. MILITARY DIVERSION PROGRAM
1001.80. (a) This chapter shall apply whenever a case is before a
court on an accusatory pleading alleging the commission of a
misdemeanor offense or a felony offense punishable pursuant to
subdivision (h) of Section 1170, and both of the following apply to
the defendant:
(1) The defendant was, or currently is, a member of the United
States military.
(2) The defendant 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.
The court may request, using existing resources, an assessment to aid
in the determination that this paragraph applies to a defendant.
(b) If the court determines that a defendant charged with an
applicable offense under this chapter is a person described in
subdivision (a), the court, with the consent of the defendant and a
waiver of the defendant's speedy trial right, may place the defendant
in a pretrial diversion program, as defined in subdivision (k).
(c) If it appears to the court that the defendant is performing
unsatisfactorily in the assigned program, or that the defendant is
not benefiting from the treatment and services provided under the
diversion program, after notice to the defendant, the court shall
hold a hearing to determine whether the criminal proceedings should
be reinstituted. If the court finds that the defendant is not
performing satisfactorily in the assigned program, or that the
defendant is not benefiting from diversion, the court may end the
diversion and order resumption of the criminal proceedings. If the
defendant has performed satisfactorily during the period of
diversion, at the end of the period of diversion, the criminal
charges shall be dismissed.
(d) If a referral is made to the county mental health authority as
part of the pretrial diversion program, the county shall be
obligated to provide mental health treatment services only 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. 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, as described in paragraph (5) of
subdivision (b) of Section 5600.3 of the Welfare and Institutions
Code. 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 all of the following:
(1) The treatment of the
defendant.
(2) The coordination of appropriate referral to a county veterans
service officer.
(3) The filing of reports pursuant to subdivision (h).
(e) When determining the requirements of a pretrial diversion
program pursuant to this chapter, the court shall assess whether the
defendant should be ordered to participate in a federal or
community-based treatment service program with a demonstrated history
of specializing in the treatment of mental health problems,
including substance abuse, post-traumatic stress disorder, traumatic
brain injury, military sexual trauma, and other related mental health
problems.
(f) The court, in making an order pursuant to this section to
commit a defendant to an established treatment program, shall give
preference to a treatment program that has a history of successfully
treating veterans who suffer from sexual trauma, traumatic brain
injury, post-traumatic stress disorder, substance abuse, or mental
health problems as a result of military service, including, but not
limited to, programs operated by the United States Department of
Defense or the United States Department of Veterans Affairs.
(g) The court and the assigned treatment program may collaborate
with the Department of Veterans Affairs and the United States
Department of Veterans Affairs to maximize benefits and services
provided to the veteran.
(h) The period during which criminal proceedings against the
defendant may be diverted shall be no longer than two years. The
responsible agency or agencies shall file reports on the defendants
progress in the diversion program with the court and with the
prosecutor not less than every six months.
(i) A record filed with the Department of Justice shall indicate
the disposition in those cases diverted pursuant to this chapter.
Upon successful completion of a diversion program, the arrest upon
which the diversion was based shall be deemed to have never occurred.
The defendant may indicate in response to a question concerning his
or her prior criminal record that he or she was not arrested or
diverted for the offense, except as specified in subdivision (j). A
record pertaining to an arrest resulting in successful completion of
a diversion program shall not, without the defendants
defendant's consent, be used in any way that
could result in the denial of any employment, benefit, license, or
certificate.
(j) The defendant shall be advised that, regardless of his or her
successful completion of diversion, the arrest upon which the
diversion was based may be disclosed by the Department of Justice in
response to a peace officer application request and that,
notwithstanding subdivision (i), this section does not relieve him or
her of the obligation to disclose the arrest in response to a direct
question contained in a questionnaire or application for a position
as a peace officer, as defined in Section 830.
(k) (1) As used in this chapter, "pretrial diversion" means the
procedure of postponing prosecution, either temporarily or
permanently, at any point in the judicial process from the point at
which the accused is charged until adjudication.
(2) A pretrial diversion program shall utilize existing resources
available to current or former members of the United States military
to address and treat those suffering from sexual trauma, traumatic
brain injury, post-traumatic stress disorder, substance abuse, or
mental health problems as a result of military service.
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.