California Assembly Bill AB1925 Amended / Bill

 BILL NUMBER: AB 1925AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 28, 2010 AMENDED IN ASSEMBLY APRIL 20, 2010 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 veterans courts. LEGISLATIVE COUNSEL'S DIGEST AB 1925, as amended, Salas. Veterans courts. 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 provide that county participation is voluntary.   Because this bill 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, 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   no  . 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.  Participation by a county shall be voluntary, but a county that chooses to participate shall conform its parti  cipation to this chapter.  (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  , if a county chooses to participate,  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, provided that 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, led 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.  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.