SF 1541

Introduction - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

A bill for an act
relating to crimes; authorizing a sentencing court to order defendants suffering
from posttraumatic stress disorders or other psychological problems into mental
health treatment programs; providing procedures for mental health treatment;
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 LEGISLATIVE FINDING AND INTENT.
new text end

new text begin The legislature finds and declares all of the following:
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new text begin (a) Posttraumatic stress disorder (PTSD) is an inclusive title for a complex of mental
disorders and conditions caused by exposure to severe, violent, and threatening situations
like those experienced by military personnel in combat.
new text end

new text begin (b) Once brushed aside as shell shock or combat fatigue, PTSD was finally
recognized as an illness by the American Psychiatric Association in 1980 based upon the
psychiatric experience of veterans of the Vietnam war.
new text end

new text begin (c) During and after the Vietnam war, a significant number of our returning
combat veterans were incarcerated because of behavior caused or exacerbated by their
misunderstood and untreated PTSD.
new text end

new text begin (d) Therefore, it is the intent of the legislature to extend the opportunity for an
alternative sentencing to all combat veterans, regardless of where or when those veterans
served our country, when those veterans are found by the court to be suffering from PTSD.
new text end

new text begin (e) It is not the intent of the legislature to expand probation eligibility for veterans
who commit crimes.
new text end

new text begin (f) It is the intent of the legislature to ensure that judges are aware that a criminal
defendant is a combat veteran with these conditions at the time of sentencing and to be
aware of any treatment programs that exist and are appropriate for the person at the time
of sentencing if a sentence of probation is appropriate.
new text end

Sec. 2.

new text begin [609.1056] OFFENDERS; COMBAT VETERANS.
new text end

new text begin Subdivision 1. new text end

new text begin Hearing. new text end

new text begin (a) The court shall hold a hearing prior to sentencing
if a person is:
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new text begin (1) convicted of a misdemeanor, gross misdemeanor, or felony;
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new text begin (2) eligible for probation; and
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new text begin (3) alleges that the person convicted committed the offense as a result of
posttraumatic stress disorder, substance abuse, or psychological problems stemming from
service in a combat theater in the United States military.
new text end

new text begin (b) In the hearing, the court shall determine whether the defendant was a member of
the military forces of the United States who served in combat and shall assess whether the
defendant suffers from posttraumatic stress disorder, substance abuse, or psychological
problems as a result of that service.
new text end

new text begin Subd. 2. new text end

new text begin Mental health assessment. new text end

new text begin The court may order that a mental health
assessment be conducted by a county adult mental health service under sections 245.461 to
245.486 to help determine if the defendant suffers from a disability alleged in subdivision
1, paragraph (a), clause (3).
new text end

new text begin Subd. 3. new text end

new text begin Diversion; mental health treatment. new text end

new text begin If based upon the evidence
presented and the mental health assessment required under subdivision 2, the court
determines that the defendant is eligible for probation and the court places the defendant
on probation, the court shall order the defendant into an appropriate supervised alternative
living program having a mental health treatment component. The treatment period must
not exceed that which the defendant would have served in a state or local correctional
facility, 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 Subd. 4. new text end

new text begin Referral; county mental health authority. new text end

new text begin If a referral is made to the
county mental health authority, the county shall be obligated to provide mental health
treatment services only to the extent that resources are available for that purpose. If mental
health treatment services are ordered by the court, the county mental health agency shall
coordinate appropriate referral of the defendant to the state or county veterans service
officer. The county mental health agency shall not be responsible for providing services
outside its traditional scope of services. An order shall be made referring a defendant to a
county mental health agency only if that agency has agreed to accept responsibility for
the treatment of the defendant.
new text end

new text begin Subd. 5. new text end

new text begin Defendant's needs; treatment programs. new text end

new text begin When determining the needs of
the defendant, the court shall consider the fact that the defendant is a person described
in subdivision 1 in assessing whether the defendant should be placed on probation and
whether the defendant would be best served while on probation by being ordered into a
private treatment service program described in subdivision 3 with a demonstrated history
of specializing in the treatment of military service related issues, such as posttraumatic
stress disorder, substance abuse, or psychological problems.
new text end

new text begin Subd. 6. new text end

new text begin Sentence credits. new text end

new text begin A defendant granted probation under this section and
committed to a residential treatment program shall earn sentence credits for the actual time
the defendant served in residential treatment.
new text end

new text begin Subd. 7. new text end

new text begin Preference for treatment programs. new text end

new text begin The court, in making an order
under this section to commit a defendant to an established treatment program, shall give
preference to a treatment program that has a history of successfully treating combat
veterans who suffer from posttraumatic stress disorder, substance abuse, or psychological
problems as a result of that service.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
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new text begin Sections 1 and 2 are effective August 1, 2007, and apply to crimes committed on or
after that date.
new text end