Bill Text: CA AB1647 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Veterans treatment courts: grant program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2023-06-07 - Referred to Coms. on PUB S. and M. & V.A. [AB1647 Detail]

Download: California-2023-AB1647-Amended.html

Amended  IN  Assembly  March 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1647


Introduced by Assembly Member Soria

February 17, 2023


An act to amend Section 892 of the Military and Veterans Code, relating to veterans. add and repeal Section 68530 of the Government Code, relating to courts, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 1647, as amended, Soria. Veterans’ aid: dependents. Veterans treatment courts: Judicial Council assessment and survey.
Existing law establishes a statewide system of courts with a superior court of one or more judges in each county. Existing law authorizes the Judicial Council to prescribe the methods, means, and standards for electronic collection of data related to court administration, practice, and procedure.
Existing law requires a criminal court to make a determination as to whether a defendant who was a member of the United States military may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of the person’s service. Existing law allows the court to consider these circumstances in granting probation, referring the defendant to mental health treatment, and granting restorative relief, as provided. Existing law authorizes a court to grant restorative relief to a veteran defendant who was granted probation and who met specified criteria, including successful participation in court-ordered treatment services to address sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems stemming from military service.
This bill would require the Judicial Council to conduct a study of veterans and veterans treatment courts that includes a statewide assessment, as specified, of veterans treatment courts currently in operation and a survey of counties that do not operate veterans treatment courts that identifies barriers to program implementation and assesses the need for veterans treatment courts in those counties, if funds are received for that purpose. The bill would require the Judicial Council to report to the Legislature on the results of the study, as specified, on or before June 1, 2024. The bill would create the Veterans Court Assessment Fund in the State Treasury, administered by the Judicial Council, and would authorize the fund to accept private donations, as specified. The bill would appropriate sums from the Veterans Court Assessment Fund and from the General Fund for the purpose of conducting the study and report.

Under existing law, a dependent of a veteran may apply for aid for certain benefits, including tuition and fees and a monthly payment for books, supplies, and living expenses while in school. Existing law requires the Department of Veterans Affairs, if it determines the educational needs of the applicant can be satisfactorily met in an educational institution in this state or elsewhere, to assume state wardship over the education of the applicant, as specified.

This bill would make technical, nonsubstantive changes to this provision.

Vote: MAJORITY2/3   Appropriation: NOYES   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 68530 is added to the Government Code, to read:

68530.
 (a) If the Judicial Council receives funds for the purpose of implementing this section, the Judicial Council shall conduct a study of veterans and veterans treatment courts that includes both of the following:
(1) A statewide assessment of the veterans treatment courts currently in operation that includes the number of veteran participants in the program, services available, and program outcomes, including successful completion or program terminations. The assessment shall evaluate the impact of a sample of veterans treatment courts on participant outcomes, including, but not limited to, program recidivism, mental health, homelessness, employment, social stability, and substance abuse.
(2) A survey of counties that do not operate veterans treatment courts that identifies barriers to program implementation and assesses the need for veterans treatment courts in those jurisdictions based on the veterans services available and the estimated number of veterans involved in the local criminal justice system. The survey shall identify alternative resources that may be available to veterans, such as community courts or other collaborative justice courts.
(b) On or before June 1, 2024, the Judicial Council shall report to the Legislature on the results of the study described in subdivision (a). The report shall include recommendations regarding the expansion of veterans treatment courts or services to counties without veterans treatment courts and shall explore the feasibility of designing regional model veterans treatment courts through the use of service coordination or technological resources. The report shall be submitted in compliance with Section 9795.
(c) Fifty percent of the funds required for the study and report described in this section shall be funded by private sources, and 50 percent of the funds shall be funded by the state, upon appropriation by the Legislature.
(d) The Veterans Court Assessment Fund is hereby created in the State Treasury. The fund shall be administered by the Judicial Council. The fund may accept private donations from entities and individuals. The Judicial Council shall deposit the donations into the fund.
(e) This section shall remain in effect only until January 1, 2025, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2026, deletes or extends that date.

SEC. 2.

 If this act is not enacted, the Judicial Council shall return any funds donated to the Veterans Court Assessment Fund or donated for the purpose of carrying out the study and report described in Section 1 of this act to the entity or individual who made the donation in an amount equal to the donation.

SEC. 3.

 The sum of one hundred thousand dollars ($100,000) is hereby appropriated from the Veterans Court Assessment Fund to the Judicial Council for the purpose of conducting the study and report described in Section 68530 of the Government Code.

SEC. 4.

 The sum of one hundred thousand dollars ($100,000) is hereby appropriated from the General Fund to the Judicial Council for the purpose of conducting the study and report described in Section 68530 of the Government Code.
SECTION 1.Section 892 of the Military and Veterans Code is amended to read:
892.

A dependent of a veteran who desires to continue their education may apply to the department. If, in the opinion of the department, the educational needs of the applicant can be satisfactorily met in an educational institution in this state or elsewhere, the department shall assume state wardship over the education of the applicant. The department may provide educational counsel for an applicant and assist them in securing admission to a suitable institution of learning. Tuition may be paid at private schools only when a suitable opportunity is not available in a public or semipublic institution.

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