HF 45

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/30/2023 12:17pm

A bill for an act
relating to judiciary; establishing an assessment process to determine if current
and former members of the military charged with certain offenses are eligible for
deferred prosecution; amending Minnesota Statutes 2022, section 609.1056,
subdivision 2, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 609.1056, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Eligibility assessment. new text end

new text begin (a) At any time before sentencing, a defendant who
was, or currently is, a member of the United States military and who is charged with an
eligible offense may request that the court determine whether the defendant is eligible for
deferred prosecution under this section.
new text end

new text begin (b) Upon making a request for an eligibility assessment, the defendant shall release or
authorize access to military service reports and records relating to an alleged applicable
condition stemming from service in the United States military. The court must file the
records as confidential, and the records must remain sealed, except as provided in this
paragraph. The defendant, through existing records or licensed professional evaluation,
shall establish the diagnosis of the applicable condition and the condition's connection to
military service. The court, on its motion or the prosecutor's motion with notice to defense
counsel, may order the defendant to furnish to the court for in-camera review or to the
prosecutor copies of all medical and military service reports and records previously or
subsequently made concerning the defendant's condition and its connection to service.
new text end

new text begin (c) The defendant is eligible for deferred prosecution under this section if the court
determines by clear and convincing evidence that:
new text end

new text begin (1) the defendant suffers from an applicable condition;
new text end

new text begin (2) the condition stems from service in the United States military; and
new text end

new text begin (3) the offense was committed as a result of the applicable condition.
new text end

new text begin (d) If the defendant requests an eligibility assessment before a finding of guilty after
trial or entry of a guilty plea, the court may make the finding required under paragraph (c),
clause (3), based on the information in a citation or complaint and any accompanying police
reports.
new text end

new text begin (e) Within 15 days of the court's findings, either party may file a challenge and demand
a hearing on the defendant's eligibility for deferred prosecution.
new text end

Sec. 2.

Minnesota Statutes 2022, section 609.1056, subdivision 2, is amended to read:

Subd. 2.

Deferred prosecution.

(a) new text begin If the court finds a defendant eligible for deferred
prosecution pursuant to subdivision 1a and the defendant is found guilty, after trial or upon
a plea of guilty, new text end the court shall defer prosecution deleted text begin for an eligible offense committed by a
defendant who was, or currently is, a member of the United States military deleted text end as provided in
this subdivision. deleted text begin The court shall defer prosecution at the request of the defendant upon a
finding of guilty after trial or upon a guilty plea.
deleted text end

deleted text begin (b) A defendant who requests to be sentenced under this section shall release or authorize
access to military service reports and records relating to an alleged applicable condition
stemming from service in the United States military. The court must file the records as
confidential, and the records must remain sealed, except as provided in this paragraph. The
defendant, through existing records or licensed professional evaluation, shall establish the
diagnosis of the applicable condition and its connection to military service. The court, on
its motion or the prosecutor's motion with notice to defense counsel, may order the defendant
to furnish to the court for in-camera review or to the prosecutor copies of all medical and
military service reports and records previously or subsequently made concerning the
defendant's condition and its connection to service.
deleted text end

deleted text begin (c) Based on the record, the court shall determine, by clear and convincing evidence,
whether the defendant suffers from an applicable condition, whether that condition stems
from service in the United States military, and whether the offense was committed as a
result of the applicable condition. Within 15 days of the court's findings, either party may
file a challenge to the findings and demand a hearing on the defendant's eligibility under
this section.
deleted text end

deleted text begin (d) If the court makes the determination described deleted text end new text begin (b) Except as provided new text end in paragraph
(c), the court shall, without entering a judgment of guilty, defer further proceedings and
place deleted text begin the deleted text end new text begin a new text end defendant new text begin who is eligible for deferred prosecution new text end on probation upon such
reasonable conditions as it may require and for a period not to exceed the maximum period
provided by law. A court may extend a defendant's term of probation pursuant to section
609.135, subdivision 2, paragraphs (g) and (h). Conditions ordered by the court must include
treatment, services, rehabilitation, and education sufficient so that if completed, the defendant
would be eligible for discharge and dismissal under subdivision 3. If the court determines
that a defendant suffers from a substance use disorder, the court shall order a Rule 25
assessment under Minnesota Rules, part 9530.6615, and order the defendant to follow the
recommendations contained in the assessment. If the court determines that a defendant
suffers from posttraumatic stress disorder, sexual trauma, traumatic brain injury, or other
mental health conditions, the court shall order a mental health assessment conducted by a
licensed mental health professional and follow the recommendations contained in the
examiner's report.

deleted text begin (e) deleted text end new text begin (c) new text end If the court determines that the defendant is eligible for a deferred sentence but
the defendant has previously received a deferred sentence for a felony offense under this
subdivision, the court may, but is not required to, impose a deferred sentence. If the court
does not impose a deferred sentence, the court may sentence the defendant as otherwise
provided in law, including as provided in subdivision 4.

deleted text begin (f) deleted text end new text begin (d) new text end Upon violation of a condition of probation, the court may enter an adjudication
of guilt and proceed as otherwise provided in law, including as provided in subdivision 4.

deleted text begin (g) deleted text end new text begin (e) new text end 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 maximum
period for which the defendant could have been incarcerated.

deleted text begin (h) deleted text end new text begin (f) new text end The court, when issuing an order under this subdivision that a defendant attend
an established treatment program, shall give preference to a treatment program that has a
history of successfully treating veterans who suffer from applicable conditions caused by
military service, including but not limited to programs operated by the United States
Department of Defense or Veterans Affairs.

deleted text begin (i) deleted text end new text begin (g) new text end The court and any assigned treatment program shall collaborate with, when
available, the county veterans service officer and the United States Department of Veterans
Affairs to maximize benefits and services provided to the defendant. If an appropriate
treatment provider is not available in the defendant's county of residence or public funding
is not available, the Minnesota Department of Veterans Affairs shall coordinate with the
United States Department of Veterans Affairs to locate an appropriate treatment program
and sources to fund the cost of the defendant's participation in the program.

deleted text begin (j) deleted text end new text begin (h) new text end If available in the county or judicial district having jurisdiction over the case, the
defendant may be supervised by a veterans treatment court program under subdivision 5.
If there is a veterans treatment court that meets the requirements of subdivision 5 in the
county in which the defendant resides or works, supervision of the defendant may be
transferred to that county or judicial district veterans treatment court program. Upon the
defendant's successful or unsuccessful completion of the program, the veterans treatment
court program shall communicate this information to the court of original jurisdiction for
further action.

deleted text begin (k) deleted text end new text begin (i) new text end Sentencing pursuant to this subdivision waives any right to administrative review
pursuant to section 169A.53, subdivision 1, or judicial review pursuant to section 169A.53,
subdivision 2, for a license revocation or cancellation imposed pursuant to section 169A.52,
and also waives any right to administrative review pursuant to section 171.177, subdivision
10, or judicial review pursuant to section 171.177, subdivision 11, for a license revocation
or cancellation imposed pursuant to section 171.177, if that license revocation or cancellation
is the result of the same incident for which the defendant is being sentenced.