Skip to Content Facebook Feature Image

APNewsBreak: California may redo law to treat, free suspects

News

APNewsBreak: California may redo law to treat, free suspects
News

News

APNewsBreak: California may redo law to treat, free suspects

2018-08-15 03:33 Last Updated At:03:40

California Gov. Jerry Brown wants to tighten a law he signed weeks ago that critics say could have freed rapists and murderers who completed two years of mental health treatment.

The proposal obtained by The Associated Press on Tuesday specifically bans those charged with murder, rape and other sex crimes from participating and allows judges to bar a much broader range of dangerous suspects.

It also makes clear that counties must opt in to the program after consulting with prosecutors, defense attorneys, mental health workers and local judges.

FILE - In this Feb. 14, 2013 file photo, an inmate waits for his appointment in a holding room at a mental health treatment unit at the California Medical Facility in Vacaville, Calif. Gov. Jerry Brown wants to tighten a law he signed weeks ago that critics say could have freed rapists and murderers who completed two years of mental health treatment. The proposal obtained by The Associated Press on Tuesday, Aug. 14, 2018, specifically bans those charged with murder, rape and other sex crimes from participating and allows judges to bar a much broader range of dangerous suspects. (AP PhotoRich Pedroncelli, File)

FILE - In this Feb. 14, 2013 file photo, an inmate waits for his appointment in a holding room at a mental health treatment unit at the California Medical Facility in Vacaville, Calif. Gov. Jerry Brown wants to tighten a law he signed weeks ago that critics say could have freed rapists and murderers who completed two years of mental health treatment. The proposal obtained by The Associated Press on Tuesday, Aug. 14, 2018, specifically bans those charged with murder, rape and other sex crimes from participating and allows judges to bar a much broader range of dangerous suspects. (AP PhotoRich Pedroncelli, File)

The law signed by the Democratic governor in June vastly expands the number of suspects who can be diverted to mental health treatment programs and have their charges dismissed. Prosecutors complained that the measure was far too broad and have been negotiating with Brown's administration for weeks.

The administration wants lawmakers to approve the narrower program before they adjourn for the year at month's end. It posted the new proposal Monday night.

"It seems to at least make an attempt to address most of the concerns," said El Dorado County District Attorney Vern Pierson, who led negotiations on behalf of the California District Attorneys Association with Brown's administration. "It's a significant improvement from the original language that was passed and signed into law as part of the budget."

FILE - In this Jan. 14, 2009 file photo, an inmate, on suicide watch, is escorted by correctional officers at the California Substance Abuse Treatment Facility in Corcoran, Calif. Gov. Jerry Brown wants to tighten a law he signed weeks ago that critics say could have freed rapists and murderers who completed two years of mental health treatment. The proposal obtained by The Associated Press on Tuesday, Aug. 14, 2018, specifically bans those charged with murder, rape and other sex crimes from participating and allows judges to bar a much broader range of dangerous suspects. (AP PhotoRich Pedroncelli, File)

FILE - In this Jan. 14, 2009 file photo, an inmate, on suicide watch, is escorted by correctional officers at the California Substance Abuse Treatment Facility in Corcoran, Calif. Gov. Jerry Brown wants to tighten a law he signed weeks ago that critics say could have freed rapists and murderers who completed two years of mental health treatment. The proposal obtained by The Associated Press on Tuesday, Aug. 14, 2018, specifically bans those charged with murder, rape and other sex crimes from participating and allows judges to bar a much broader range of dangerous suspects. (AP PhotoRich Pedroncelli, File)

Defense attorneys said they don't object to excluding those charged with the most extreme crimes but that the revision goes too far.

The proposed rollback "guts mental health diversion and goes far beyond a reasonable compromise," said Nick Stewart-Oaten, a member of the California Public Defenders Association's legislative committee and a Los Angeles County deputy public defender. He expects more revisions as lawmakers consider the proposal.

While defense attorneys appreciate the administration's desire for a workable program, he said its latest proposal "allows counties to continue to do what they have done for years — send sick people to prison instead of treatment. The end result is higher incarceration rates for ill Californians, lawsuits for ill Californians, lawsuits against counties for mistreatment of the mentally ill and higher recidivism rates for untreated offenders."

The proposal also makes it clear that suspects can be barred from owning firearms while they are in the program and that they can be required to pay restitution, both of which prosecutors said had been unclear.

The law signed in June limits the treatment period to two years, but the administration's proposal would allow judges to extend the program for a third year.

California already allowed counties to offer such programs for offenders with developmental disabilities, traumatic brain injuries, post-traumatic stress disorder or who have mental health problems resulting from their military service.

The new law allows treatment instead of charges for any suspect with mental illnesses, including bipolar disorder or schizophrenia, though it excludes anti-social personality disorders and pedophilia.

It aims to get treatment for mentally ill suspects before they reach the criminal process, are deemed incompetent to stand trial and sent to mental hospitals, which already have large waiting lists. The current budget also includes $115 million over three years for 850 new placements in community mental health programs.

Prosecutors complained that lawmakers approved the law in one day as part of an 88-page omnibus budget bill instead of going through the usual legislative process.

WASHINGTON (AP) — Jill Biden on Thursday paid tribute to her fellow teachers, hosting the 2024 national and state teachers of the year at a swanky White House dinner to honor their commitment to their students and excellence in the classroom.

“Tonight we celebrate you because teaching isn't just a job, it's a calling. And all of you were called to this profession for a reason," said the first lady, who has taught for more than 30 years. “You believe that a better world is possible and you make that world real.”

President Joe Biden made a brief, surprise appearance at the East Room event immediately after he returned from a trip to North Carolina, saying he appreciates everything teachers do.

“You're incredible,” he said. "You are the kite strings that lift our national ambitions aloft.”

The national and state teachers of the year typically attend a White House ceremony after they're selected by an organization that represents elementary and secondary school educators. (They did not visit during the coronavirus pandemic.)

But Jill Biden, who has taught English and writing at Northern Virginia Community College since 2009, added a new twist by honoring the teachers at a “state dinner” instead.

Education Secretary Miguel Cardona pointed out that White House state dinners are reserved for kings, presidents and prime ministers as a sign of respect for their influence.

“So in hosting the state dinner for teachers, the president and his administration is honoring our teachers with a level of national respect that is long overdue,” he said to applause. “There is no American dream without American teachers.”

U.S. public schools continue to face a host of challenges, from teacher shortages due to low pay and job stress to underfunded schools to political fights over what should be taught and how.

A Pew Research Center survey conducted in April found majorities of K-12 teachers say their jobs are often stressful, their schools are understaffed and they wouldn't advise today's young people to follow them into the profession.

Missy Testerman, the 2024 National Teacher of the Year, who has taught for more than 30 years, said she often wishes she could create a “dream school” that would be a well-funded, modern and well-stocked place where every child flourishes and teachers see the potential in every student.

“Sadly, that dream can sometimes feel like a fantasy and our reality often feels heavy due to the struggles that we watch our students endure,” said Testerman, an English as a Second Language teacher at Rogersville City School in Rogersville, Tennessee.

“But in real life, we not only teach our students, we wrap our arms around them, advocate for them, help them feel secure and help them create a better future for themselves," she said.

A White House state dinner is a diplomatic tool selectively wielded by presidents to highlight cooperation from close U.S. allies. Key features include a pomp-filled welcome ceremony for the visiting head of state, face time with the president and a glitzy, black-tie dinner with hundreds of guests, including titans from the worlds of politics, business and Hollywood.

Teachers got a slimmed-down version.

As guests arrived, they posed for photos in front of a book shelf-like display featuring encyclopedias and other books with the papers of past presidents, brass hand bells, gold-painted apples and vases of irises, the official state flower of Tennessee, in honor of the National Teacher of the Year. Some of the vases were made out of upside-down pencils.

Each teacher was surprised at their seat by a handmade thank-you note from their students, fellow teachers and school leadership that was organized by their school principal.

Dinner was apple, walnut and celery root salad followed by a main course of lobster ravioli. Dessert was a trio of strawberries and cream, apple mousse and coconut custard cake.

Rounding out the guest list of more than 200 people were Doug Emhoff, the husband of Vice President Kamala Harris; Cabinet members, including Cardona and Transportation Secretary Pete Buttigieg, whose husband Chasten is a teacher; members of Congress and the heads of the two major teachers' unions. Emhoff, a former entertainment lawyer, teaches at Georgetown Law School.

This year's State Teachers of the Year include those from 49 states, American Samoa, the Northern Mariana Islands, Guam, the U.S. Virgin Islands, the District of Columbia and the Department of Defense. Florida did not participate.

The Council of Chief State School Officers oversees the National Teacher of the Year Program.

Transportation Secretary Pete Buttigieg, right, listens as his husband Chasten Buttigieg, left, talks with reporter as they arrive for a State Dinner at the White House in Washington, Thursday, May 2, 2024, to honor the 2024 National Teacher of the Year and other teachers from across the United States. (AP Photo/Susan Walsh)

Transportation Secretary Pete Buttigieg, right, listens as his husband Chasten Buttigieg, left, talks with reporter as they arrive for a State Dinner at the White House in Washington, Thursday, May 2, 2024, to honor the 2024 National Teacher of the Year and other teachers from across the United States. (AP Photo/Susan Walsh)

Randi Weingarten, president the American Federation of Teachers, stands to be recognized during a State Dinner at the White House in Washington, Thursday, May 2, 2024, to honor the 2024 National Teacher of the Year and other teachers from across the United States. (AP Photo/Susan Walsh)

Randi Weingarten, president the American Federation of Teachers, stands to be recognized during a State Dinner at the White House in Washington, Thursday, May 2, 2024, to honor the 2024 National Teacher of the Year and other teachers from across the United States. (AP Photo/Susan Walsh)

President Joe Biden speaks as Missy Testerman, the 2024 National Teacher of the Year, and first lady Jill Biden listen during a State Dinner at the White House in Washington, Thursday, May 2, 2024, to honor the 2024 National Teacher of the Year and other teachers from across the United States. (AP Photo/Mark Schiefelbein)

President Joe Biden speaks as Missy Testerman, the 2024 National Teacher of the Year, and first lady Jill Biden listen during a State Dinner at the White House in Washington, Thursday, May 2, 2024, to honor the 2024 National Teacher of the Year and other teachers from across the United States. (AP Photo/Mark Schiefelbein)

President Joe Biden speaks as Missy Testerman, the 2024 National Teacher of the Year, and first lady Jill Biden listen during a State Dinner at the White House in Washington, Thursday, May 2, 2024, to honor the 2024 National Teacher of the Year and other teachers from across the United States. (AP Photo/Susan Walsh)

President Joe Biden speaks as Missy Testerman, the 2024 National Teacher of the Year, and first lady Jill Biden listen during a State Dinner at the White House in Washington, Thursday, May 2, 2024, to honor the 2024 National Teacher of the Year and other teachers from across the United States. (AP Photo/Susan Walsh)

Missy Testerman, the 2024 National Teacher of the Year toasts with first lady Jill Biden during a State Dinner at the White House in Washington, Thursday, May 2, 2024, to honor the 2024 National Teacher of the Year and other teachers from across the United States. (AP Photo/Susan Walsh)

Missy Testerman, the 2024 National Teacher of the Year toasts with first lady Jill Biden during a State Dinner at the White House in Washington, Thursday, May 2, 2024, to honor the 2024 National Teacher of the Year and other teachers from across the United States. (AP Photo/Susan Walsh)

Recommended Articles