HF 998

as introduced - 91st Legislature (2019 - 2020) Posted on 02/27/2020 08:26pm

A bill for an act
relating to crime; providing guidance to courts on sentencing veterans for criminal
offenses related to a service-related disorder; proposing coding for new law in
Minnesota Statutes, chapter 609.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [609.1056] MILITARY VETERAN OFFENDERS RESTORATIVE
JUSTICE SENTENCE.
new text end

new text begin Subdivision 1. new text end

new text begin Offenses as a result of military service; presentence supervision
procedures. new text end

new text begin (a) In the case of a person charged with a criminal offense that is Severity
Level 7 or lower in the Minnesota Sentencing Guidelines who could be sentenced to a
county jail or a state correctional facility and who alleges that the offense was committed
as a result of sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance
abuse, or mental health conditions stemming from service in the United States military, the
court shall, prior to entering a plea of guilty, make a determination as to whether the
defendant was, or currently is, a member of the United States military and whether the
defendant may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress
disorder, substance abuse, or mental health conditions as a result of that person's service.
The court may request, through existing resources, an assessment to aid in that determination.
new text end

new text begin (b) If the court concludes that a defendant who entered a plea of guilty to a criminal
offense is a person described in paragraph (a) or the parties stipulate to eligibility, and if
the defendant is otherwise eligible for probation, the court shall, upon the defendant entering
a plea of guilty, without entering a judgment of guilty and with the consent of the defendant,
defer further proceedings and place the defendant on probation upon such reasonable
conditions as the court requires for a period not to exceed the maximum sentence provided
for the violation.
new text end

new text begin (c) Upon violation of a condition of probation, the court may enter an adjudication of
guilt and proceed as otherwise provided.
new text end

new text begin (d) As a condition of probation, the court may order the defendant to attend a local, state,
federal, or private nonprofit treatment program for a period not to exceed the period that
the defendant would have served in a state correctional facility or county jail, provided the
defendant agrees to participate in the program and the court determines that an appropriate
treatment program exists.
new text end

new text begin (e) A defendant granted probation under this section and ordered to attend a residential
treatment program shall earn sentence credits for the actual time the defendant serves in
residential treatment.
new text end

new text begin (f) The court, in ordering a defendant under this section to attend an established treatment
program, shall give preference to a treatment program that has a history of successfully
treating veterans who suffer from sexual trauma, traumatic brain injury, post-traumatic
stress disorder, substance abuse, or mental health problems as a result of military service,
including but not limited to programs operated by the United States Department of Defense
or the United States Department of Veterans Affairs.
new text end

new text begin (g) The court and the assigned treatment program shall, when available, collaborate with
the Minnesota Department of Veterans Affairs and the United States Department of Veterans
Affairs to maximize benefits and services provided to the veteran.
new text end

new text begin (h) If available in the county or judicial district having jurisdiction over the case, the
defendant may be supervised by the veterans treatment court program pursuant to subdivision
3. If there is a veterans treatment court that meets the requirements of subdivision 3 in the
county in which the person resides or works, supervision of the person may be transferred
to that county or judicial district veterans treatment court program. If the person successfully
completes the veterans treatment court program in the supervising jurisdiction, that
jurisdiction shall sentence the person pursuant to this section. If the person is unsuccessful
in the veterans treatment court program, the person's supervision should be returned to the
jurisdiction that initiated the transfer for standard sentencing.
new text end

new text begin Subd. 2. new text end

new text begin Restorative justice for military veterans; dismissal of charges. new text end

new text begin (a) It is in
the interests of justice to restore a defendant who acquired a criminal record due to a mental
health condition stemming from service in the United States military to the community of
law abiding citizens. The restorative provisions of this subdivision apply to cases in which
a court monitoring the defendant's performance of probation pursuant to this section finds
at a public hearing, held after not less than 15 days' notice to the prosecution, the defense,
and any victim of the offense, that the defendant:
new text end

new text begin (1) was granted probation and, at the time probation was granted, was a person eligible
under subdivision 1;
new text end

new text begin (2) is in substantial compliance with the conditions of that probation;
new text end

new text begin (3) has successfully participated in court-ordered treatment and services to address the
sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or
mental health problems stemming from military service;
new text end

new text begin (4) does not represent a danger to the health and safety of others; and
new text end

new text begin (5) has demonstrated significant benefit from court-ordered education, treatment, or
rehabilitation to clearly show that granting restorative relief under this subdivision is in the
interest of justice.
new text end

new text begin (b) When determining whether granting restorative relief under this subdivision is in
the interests of justice, the court may consider, at a minimum, the defendant's:
new text end

new text begin (1) completion and degree of participation in education, treatment, and rehabilitation as
ordered by the court;
new text end

new text begin (2) progress in formal education;
new text end

new text begin (3) development of career potential;
new text end

new text begin (4) leadership and personal responsibility efforts;
new text end

new text begin (5) contribution of service in support of the community; and
new text end

new text begin (6) level of harm to the community or victim from the offense.
new text end

new text begin (c) If the court finds that a case satisfies each of the requirements under paragraph (a),
then upon expiration of the probation period the court shall discharge the person and dismiss
the proceedings against that person. Discharge and dismissal under this subdivision shall
be without court adjudication of guilt, but a not public record shall be retained by the Bureau
of Criminal Apprehension for the purpose of use by the courts in determining the merits of
subsequent proceedings against the person. The not public record may also be opened only
upon court order for purposes of criminal investigation, prosecution, or sentencing. Upon
request by law enforcement, prosecution, or corrections authorities, the bureau shall notify
the requesting party of the existence of the not public record and the right to seek a court
order to open it under this section. The court shall forward a record of any discharge and
dismissal under this subdivision to the bureau, which shall make and maintain the not public
record as provided under this subdivision. The discharge or dismissal shall not be deemed
a conviction for purposes of disqualifications or disabilities imposed by law upon conviction
of a crime or for any other purpose. For purposes of this subdivision, "not public" has the
meaning given in section 13.02, subdivision 8a.
new text end

new text begin (d) If the person entered a plea of guilty pursuant to paragraph (a) for an offense that is
a presumptive commitment to state imprisonment, the court may use the factors of paragraph
(a) to justify a dispositional or durational departure, or any appropriate sentence. If the court
finds the factors under paragraph (a), the defendant is presumed amenable to probation.
new text end

new text begin (e) A dismissal under this subdivision does not apply to an offense for which registration
is required under section 243.166, subdivision 1b.
new text end

new text begin Subd. 3. new text end

new text begin Optional veterans treatment court program; procedures for eligible
defendants. new text end

new text begin (a) A county or judicial district may supervise probation under this section
through a veterans treatment court, using county veterans service officers appointed under
sections 197.60 to 197.606, Department of Veterans Affairs veterans justice outreach
specialists, probation agents, and any other rehabilitative resources available to the court.
new text end

new text begin (b) "Veterans treatment court program" means a program that has the following essential
characteristics:
new text end

new text begin (1) the integration of services in the processing of cases in the judicial system;
new text end

new text begin (2) the use of a nonadversarial approach involving prosecutors and defense attorneys to
promote public safety and to protect the due process rights of program participants;
new text end

new text begin (3) early identification and prompt placement of eligible participants in the program;
new text end

new text begin (4) access to a continuum of alcohol, controlled substance, mental health, and other
related treatment and rehabilitative services;
new text end

new text begin (5) careful monitoring of treatment and services provided to program participants;
new text end

new text begin (6) a coordinated strategy to govern program responses to participants' compliance;
new text end

new text begin (7) ongoing judicial interaction with program participants;
new text end

new text begin (8) monitoring and evaluation of program goals and effectiveness;
new text end

new text begin (9) continuing interdisciplinary education to promote effective program planning,
implementation, and operations;
new text end

new text begin (10) development of partnerships with public agencies and community organizations,
including the United States Department of Veterans Affairs; and
new text end

new text begin (11) inclusion of a participant's family member who agrees to be involved in the treatment
and services provided to the participant under the program.
new text end

new text begin Subd. 4. new text end

new text begin Authorization for creation of county and city diversion programs. new text end

new text begin (a) A
county or city may establish and operate a veterans pretrial diversion program for offenders
eligible under subdivision 1 without penalty under section 477A.0175.
new text end

new text begin (b) "Pretrial diversion" means the decision of a prosecutor to refer an offender to a
diversion program on condition that the criminal charges against the offender are dismissed
after a specified period of time, or the case is not charged, if the offender successfully
completes the program of treatment recommended by the Department of Veterans Affairs
or a local, state, federal, or private nonprofit treatment program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end