CA AB2371

Courts must determine before sentencing whether criminal defendants with alleged service-connected sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems are or were U.S. military members.

Courts may order eligible defendants granted probation into treatment programs for periods not exceeding what they would have served in prison or jail, with preference given to programs specializing in veteran mental health treatment.

Courts may grant restorative relief including satisfying probation conditions (except victim restitution), reducing felonies to misdemeanors, or dismissing convictions if defendants are in substantial compliance with probation, successfully completed treatment, and do not pose a danger to public safety.

Dismissals under this section release defendants from penalties and disabilities resulting from the offense, except for sex offense convictions, vehicle code violations, and DNA database requirements, and do not eliminate disclosure requirements for law enforcement positions.

Defendants granted probation in residential treatment programs earn sentence credits for actual time served in treatment.