Criminal procedure: veterans.

Existing law provides that if a person is convicted of a criminal offense and alleges that he or she committed the offense as a result of post-traumatic stress disorder, substance abuse, or psychological problems stemming from service in combat in the United States military, the court shall hold a hearing prior to sentencing to make a determination about the allegation. If the court finds that the defendant's crime was committed as a result of one of those factors related to serving in combat, and the court places the person on probation, existing law authorizes the court to place the person into a treatment program, and provides that the defendant receives sentence credits for residential treatment, as specified. This bill would, if the defendant alleges 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 military service in the United States military, require the court to make a determination as to whether a defendant was, or currently is, a member of the United States military and whether the defendant may be suffering from any of those disorders, before placing an otherwise eligible defendant on probation and ordering the defendant into a treatment program, as specified. The bill would authorize the court to request, through existing resources, an assessment to aid in the determination of whether the defendant may be suffering from any of those disorders. The bill would eliminate the requirement that the offense be committed as a result of problems stemming from service in a combat theater. The bill would authorize the court and an assigned treatment program to collaborate with the Department of Veterans Affairs and the United States Veterans Administration to maximize benefits and services.