HF 2808

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:32pm

A bill for an act
relating to veterans; providing courts the option for stay of adjudication for
military members and veterans diagnosed as suffering from a qualifying
psychological injury or condition; 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 [609.0951] SERVICE MEMBERS AND VETERANS AT
ARRAIGNMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Evaluation; stay of adjudication; treatment. new text end

new text begin (a) For purposes of
this section, "qualifying psychological evaluation" means a psychological evaluation by a
qualified psychiatrist, clinical psychologist, physician, or, to the satisfaction of the court,
other competent medical authority. "Qualifying psychological evaluation" includes, but is
not limited to, a psychological evaluation conducted or administered at any time by an
appropriate professional member of the United States Department of Veterans Affairs who
is trained and authorized to the satisfaction of the court to make such evaluations.
new text end

new text begin (b) When a defendant appears in court upon arraignment for a crime, the court
shall inquire whether the defendant is currently serving in, or is a veteran of, the United
States armed forces. If the defendant is serving in or is a veteran of the United States
armed forces and claims, or reasonably appears to the court, to be suffering from any
psychological injury or condition that may have been a causative or contributing factor in
the person's alleged or charged offense, the court shall determine whether the person has
obtained a qualifying psychological evaluation of the injury or condition and, if not, then
the court shall order the person to do so.
new text end

new text begin (c) If by means of a qualifying psychological evaluation the defendant is found by
the court to be suffering from a psychological injury or condition that may have been a
causative factor or may have played a significant contributing role in the person's alleged
or charged offense, the court may, if the court considers it appropriate, and irrespective
of any objection by the prosecutor, stay adjudication of conviction or the imposition or
execution of sentence in order to order one or more of the alternative treatment options
determined by the commissioner of veterans affairs according to subdivision 2, or as
otherwise identified by the court, as appropriate for the defendant.
new text end

new text begin Subd. 2. new text end

new text begin Treatment options. new text end

new text begin (a) The commissioner of veterans affairs, in
consultation with the adjutant general of the National Guard, the state court administrator,
the United States Department of Veterans Affairs, the Minnesota Bar Association, the
Mental Health Association of Minnesota, the Minnesota Association of Community
Mental Health Programs, and the Minnesota American Indian Mental Health Advisory
Council, shall develop and periodically update a listing, including brief descriptions and
program contact information, of mental health treatment programs available to Minnesota
courts as alternatives to the adjudication of members and veterans of the United States
armed forces, as considered appropriate by a court under subdivision 1.
new text end

new text begin (b) The commissioner must provide to the state court administrator a copy of the
listing of treatment options in paragraph (a) for dissemination to the district courts, and
may otherwise disseminate the list as considered helpful for veterans.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2010, and applies to
hearings in Minnesota courts on or after that date.
new text end