BILL ANALYSIS
AB 2586
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Date of Hearing: May 9, 2006
Counsel: Heather Hopkins
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mark Leno, Chair
AB 2586 (Parra) - As Amended: April 6, 2006
SUMMARY : Allows the court to consider treatment programs as
part of probation in cases involving military veterans who
suffer from post traumatic stress disorder (PTSD), substance
abuse, or psychological problems stemming from their military
service. Specifically, this bill :
1)Makes legislative findings and declarations regarding PTSD
among veterans. States legislative intent to extend the
opportunity for alternative sentencing to all combat veterans
regardless of where or when those veterans served the country
when those veterans are found by the court to be suffering
from PTSD.
2)Expands which convicted veterans who allege they committed
offenses as a result of PTSD, substance abuse, or
psychological problems stemming from combat and then receive a
hearing prior to sentence to determine if this is true, from
Vietnam veterans convicted of felonies to all combat veterans
convicted of any criminal offense.
3)Provides that if the court concludes that a defendant
convicted of a criminal offense is a combat veteran who
committed the offense as a result of PTSD, substance abuse, or
psychological problems stemming from that combat service, and
if the defendant is otherwise eligible for probation and the
court places the 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.
4)Provides what when determining the "needs of the defendant,"
for purposes of probation, the court shall consider the fact
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that the defendant is a combat veteran who committed the
offense as a result of PTSD, substance abuse, or psychological
problems stemming from that combat service in assessing
whether the defendant should be placed on probation.
5)Provides that if a defendant granted probation under this
section and committed to a residential treatment program shall
earn sentence credits for the actual time the defendant served
in residential treatment.
6)Provides that the court, in making an order under this section
to commit a defendant to a treatment program, shall give
preference to a treatment program that has a history of
successfully treating combat veterans who suffer from post
traumatic stress disorder, substance abuse, or psychological
problems as a result of that service.
EXISTING LAW :
1)Provides that in the case of any person convicted of a felony
who would otherwise be sentenced to state prison, the court
shall consider whether the defendant was a member of the
military forces of the United States who served in combat in
Vietnam and suffers from substance abuse or psychological
problems resulting from that service. (Penal Code Section
1170.9.)
2)Provides that if the court concludes that the defendant is a
Vietnam veteran who suffers from substance abuse or
psychological problems resulting from that service, the court
may order the defendant committed to the custody of federal
correctional officials for incarceration for a term equivalent
to that which the defendant would have served in state prison.
(Penal Code Section 1170.9.)
3)Provides that the court may make such a commitment only if the
defendant agrees to such a commitment, the court has
determined that appropriate federal programs exist, and
federal law authorizes the receipt of the defendant under such
conditions. (Penal Code Section 1170.9.)
FISCAL EFFECT : None
COMMENTS :
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1)Author's Statement : According to the author, "The discretion
afforded to judges, allowing them to divert Vietnam-era
veterans diagnosed with PTSD into alternative institutions, as
granted in current law, must be extended to veterans of the
Iraq and Afghanistan conflicts. In addition, a judge should
have the ability to divert these affected individuals into
state, local and non-profit treatments programs in addition to
federal institutions."
2)Scope of the Problem : According to background provided by the
author, "In 1982, 10 years after the Vietnam War, the
California Legislature enacted Penal Code Section 1170.9.
That section allows judges the discretion to divert Vietnam
veterans diagnosed with PTSD to federal institutions as an
alternative to incarceration in a state or county facility.
"That section is not sufficient to cover returning Iraq and
Afghanistan veterans. This bill addresses that inequity and
will also allow judges to divert eligible individuals under
this section into accredited state, local and non-profit
treatment programs in addition to federal institutions.
"The incarceration of veterans who have been diagnosed with
PTSD, according to the National Center for Post-Traumatic
Stress Disorder, has proven detrimental to their recovery.
The center has established, through numerous research efforts
spanning two decades, that psychiatric treatment is wholly
necessary if these individuals are to fully recover.
Incarceration intensifies the negative attitudes and feelings
that stem from this disorder, and adversely affects the
veteran's ability to integrate back into society upon
returning from a combat theatre."
3)Arguments in Support :
a) The Armed Forces Retirees Association of California
state, "In 1982 (10 years after the Vietnam War), the State
of California passed a law that authorized judges to refer
Vietnam veterans to mental treatment offered by federal
programs in lieu of incarceration. Because of the 10-year
delay, that legislation has seldom been used. During the
Vietnam War, we saw a high number of our returning combat
veterans were incarcerated because PTSD was not understood
nor recognized at the time. PTSD was not recognized as an
illness until 1980 by the American Psychiatric Association.
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"In light of the current conflict in Iraq and Afghanistan, a
higher number of military personnel are returning home
after engaging in combat with symptoms of PTSD. PTSD often
leads our veterans to commit crimes that otherwise they
might not have committed if they were not suffering from
PTSD."
b) The California Society of Addiction Medicine states, "As
physicians who specialize in treating people suffering from
the disease of addiction, we see this as a public health
issue. Many studies have shown the benefits of treatment
for addiction, in terms of costs to society, to families,
and to individuals. Veterans who have served this country
certainly deserve the option of treatment."
c) The California Association of County Veterans Service
Officers state, "[B]ecause some veterans may suffer from
PTSD due to their combat service, they may face
difficulties to readjusting to civilian life and may get
into legal trouble. This bill offers them a chance to
receive the treatment they need rather than to be
incarcerated."
4)Related Legislation : AB 1542 (Parra) would have created a
diversion program for veterans who suffer from PTSD, substance
abuse, or psychological problems resulting from their combat
service. AB 1542 was vetoed.
REGISTERED SUPPORT / OPPOSITION :
Support
Armed Forces Retirees Association of California
California Association of County Veterans Service Officers
California Society of Addiction Medicine
California State Commanders Veterans Council
Drug Policy Alliance Network
National Guard Association of California
Opposition
None on file
AB 2586
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Analysis Prepared by : Heather Hopkins / PUB. S. / (916)
319-3744