BILL NUMBER: AB 1925INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Salas FEBRUARY 16, 2010 An act to add Chapter 2.97 (commencing with Section 1001.95) to Title 6 of Part 2 of the Penal Code, relating to diversion. LEGISLATIVE COUNSEL'S DIGEST AB 1925, as introduced, Salas. Diversion: veterans. Existing law provides for the diversion of specified criminal offenders in alternate sentencing and treatment programs. This bill would authorize 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 authorize the veterans courts to operate as a preguilty plea program, deferred entry of judgment program, or a postguilty plea program where the defendant has entered a guilty plea or has been sentenced and is on probation. Because this bill would change the punishment for commission of various crimes and would require local officials to provide a higher level of service, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. 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 1001.95) is added to Title 6 of Part 2 of the Penal Code, to read: CHAPTER 2.97. DIVERSION OF VETERANS 1001.95. (a) Superior courts are hereby authorized to develop and implement veterans courts. (b) For purposes of this section, a veterans court shall have the following objectives: (1) Increase cooperation between the courts, criminal justice, veterans, and substance abuse systems. (2) Creation of 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) For purposes of this section, a veterans court 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. (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) In developing a veterans court, the presiding judge or his or her designee shall contact the county board of supervisors, the county administrative officer, or their designee to convene the county and court stakeholders and, through a collaborative process with these stakeholders, develop a plan that is consistent with this section. At least one stakeholder should 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) of this section. The plan shall address at a minimum all of the following components: (1) The method by which the veterans court ensures that the target population of defendants are identified and referred to the veterans court. (2) The method for assessing defendants who are veterans for serious mental illness and co-occurring disorders. (3) 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. (4) The elements of the treatment and supervision programs. (5) Standards for continuing participation in, and successful completion of, the veterans court program. (6) The need for the county mental health department and the drug and alcohol department 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. (7) The process to ensure defendants will receive the appropriate level of treatment services, the county and other local agencies 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. (8) 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. (9) The process for referring cases to the veterans court. (10) 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) In developing a veterans program, each veterans court team, lead by a judicial officer, shall include, but not be limited to, a judicial officer to preside over the court, prosecutor, public defender, county mental health liaison, substance abuse liaison, county veterans' service officer, and probation officer. The veterans court team will 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 purposes of this section, a veterans court may operate as a preguilty plea program, wherein criminal proceedings are suspended without a plea of guilty for designated defendants. If the court finds that the defendant is not performing satisfactorily in the assigned program, or that the defendant is not benefiting from education, treatment, or rehabilitation, the court shall consider modification of the treatment plan or reinstate the criminal charge or charges. If the court finds that the defendant has engaged in criminal conduct rendering him or her unsuitable for the preguilty plea program, the court shall reinstate the criminal charge or charges. If the defendant has performed satisfactorily during the period of the preguilty plea program, at the end of that period, the criminal charge or charges shall be dismissed and the provisions of Section 1000.4 shall apply. (g) For purposes of this section, a veterans court may operate as a deferred entry of judgment program. If the defendant is found eligible, the prosecuting attorney shall file with the court a declaration in writing or state for the record the grounds upon which the determination is based, and shall make this information available to the defendant and his or her attorney. This procedure is intended to allow the court to set the hearing for deferred entry of judgment at the arraignment. If the defendant is found ineligible for deferred entry of judgment, the prosecuting attorney shall file with the court a declaration in writing or state for the record the grounds upon which the determination is based, and shall make this information available to the defendant and his or her attorney. The sole remedy of a defendant who is found ineligible for deferred entry of judgment is a postconviction appeal. If the prosecuting attorney determines that this section may be applicable to the defendant, he or she shall advise the defendant and his or her attorney in writing of that determination. This notification shall include all of the following: (1) A full description of the procedures for deferred entry of judgment. (2) A general explanation of the roles and authorities of the probation department, the prosecuting attorney, the program, and the court in the process. (3) A clear statement that, in lieu of trial, the court may grant deferred entry of judgment provided that the defendant pleads guilty to each charge and waives time for the pronouncement of judgment, and that upon the defendant's successful completion of a program the positive recommendation of the program authority and the motion of the prosecuting attorney, the court, or the probation department, the court shall dismiss the charge or charges against the defendant and the provisions of Sections 1000.3 and 1000.4 shall apply. (4) A clear statement that upon failure of treatment or condition under the program the prosecuting attorney or the probation department or the court on its own may make a motion to the court for entry of judgment, and the court shall render a finding of guilty to the charge or charges pled, enter judgment, and schedule a sentencing hearing. (5) An explanation of criminal record retention and disposition resulting from participation in the deferred entry of judgment program and the defendant's rights relative to answering questions about his or her arrest and deferred entry of judgment following successful completion of the program. (h) For purposes of this section a veterans court may operate as a postguilty plea program wherein the defendant has entered a guilty plea or has been sentenced and is on probation. If the defendant has performed satisfactorily during the period of the postguilty plea program, at the end of that period, the criminal charge or charges may be dismissed. (i) Entry into the veterans court program is voluntary. Once an individual chooses to enter, the defendant shall comply with the conditions of participation specified by the court. (j) An individual's duration in the veterans court program shall not exceed his or her maximum sentence plus probation or parole. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, if the Commission on State Mandates determines that this act contains other 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.