Section 1170.9 of the state California Penal Code comes into play when the
defendant claims that “he or she committed the offense as a result of
sexual trauma, traumatic brain injury, post-traumatic stress disorder,
substance abuse, or mental health problems stemming from service in the
United States military.”
.
If a vet or serviceperson makes that claim, the court must hold a hearing, and the judge must determine the answers to a number of questions: Is the person (or was he/she) a member of the U. S. military? Does the defendant suffer from sexual trauma, traumatic brain injury, PTSD, substance abuse, or mental health problems as a result of his/her service? Is there a treatment program that’s appropriate for him/her? Is the serviceperson or vet eligible for probation?
.
If the answer to all of these questions is yes, the judge has the authority to place the vet and or serviceperson on probation, and to order him/her into an appropriate treatment program for a period no longer than what would have been served in state prison or county jail.
.
If the serviceperson and or vet do well in the treatment program and comply with the conditions of their probation, the vet and or serviceperson can request a follow-up hearing. Effective January 1, 2013, the judge at this hearing will have the authority to end the probation before its scheduled expiration date, and to cancel any fines, fees, and assessments stemming from the conviction (except for court-ordered victim restitution). In many cases, the judge will also have the authority to reduce a felony to a misdemeanor, and to order expungement of the record of your offense.
.
If a vet or serviceperson makes that claim, the court must hold a hearing, and the judge must determine the answers to a number of questions: Is the person (or was he/she) a member of the U. S. military? Does the defendant suffer from sexual trauma, traumatic brain injury, PTSD, substance abuse, or mental health problems as a result of his/her service? Is there a treatment program that’s appropriate for him/her? Is the serviceperson or vet eligible for probation?
.
If the answer to all of these questions is yes, the judge has the authority to place the vet and or serviceperson on probation, and to order him/her into an appropriate treatment program for a period no longer than what would have been served in state prison or county jail.
.
If the serviceperson and or vet do well in the treatment program and comply with the conditions of their probation, the vet and or serviceperson can request a follow-up hearing. Effective January 1, 2013, the judge at this hearing will have the authority to end the probation before its scheduled expiration date, and to cancel any fines, fees, and assessments stemming from the conviction (except for court-ordered victim restitution). In many cases, the judge will also have the authority to reduce a felony to a misdemeanor, and to order expungement of the record of your offense.
Questions: Who is going to tell that vet or serviceperson about their potential diversion options if he or she don't know about it (and his his lawyer doesn't)? (2) Since knowing about such options would be crucial for there to be informed consent in the plea bargaining process, why isn't the DA's office asking the threshold questions to honor the sacrifice of our vets and servicepersons??
No comments:
Post a Comment