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HF 2086

1st Division Engrossment - 91st Legislature (2019 - 2020) Posted on 04/04/2019 08:53am

KEY: stricken = removed, old language.
underscored = added, new language.
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16.6

A bill for an act
relating to state government; establishing a budget for military affairs and veterans
affairs; making policy and technical changes; authorizing certain data disclosures;
providing a military veterans offenders restorative justice sentence; amending
Minnesota Statutes 2018, sections 15.057; 196.05, subdivision 1; 197.603,
subdivision 2; 197.791, subdivision 1; 273.1245, subdivision 2; Laws 2016, chapter
189, article 13, section 64; proposing coding for new law in Minnesota Statutes,
chapter 609.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text beginAPPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2020" and "2021" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2020, or June 30, 2021, respectively.
"The first year" is fiscal year 2020. "The second year" is fiscal year 2021. "The biennium"
is fiscal years 2020 and 2021.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2020
new text end
new text begin 2021
new text end

Sec. 2. new text beginMILITARY AFFAIRS
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 23,872,000
new text end
new text begin $
new text end
new text begin 23,872,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Maintenance of Training Facilities
new text end

new text begin 9,701,000
new text end
new text begin 9,701,000
new text end

new text begin Subd. 3. new text end

new text begin General Support
new text end

new text begin 3,182,000
new text end
new text begin 3,182,000
new text end

new text begin $58,000 each year is for reintegration
activities. If the amount for fiscal year 2020
is insufficient, the amount for 2021 is available
in fiscal year 2020. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end

new text begin Subd. 4. new text end

new text begin Enlistment Incentives
new text end

new text begin 10,989,000
new text end
new text begin 10,989,000
new text end

new text begin The appropriations in this subdivision are
available until June 30, 2023, except that any
unspent amounts allocated to a program
otherwise supported by this appropriation are
canceled to the general fund upon receipt of
federal funds in the same amount to support
administration of that program.
new text end

new text begin If the amount for fiscal year 2020 is
insufficient, the amount for 2021 is available
in fiscal year 2020. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end

Sec. 3. new text beginVETERANS AFFAIRS
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 76,671,000
new text end
new text begin $
new text end
new text begin 76,644,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Veterans Programs and Services
new text end

new text begin 18,380,000
new text end
new text begin 18,353,000
new text end

new text begin (a) CORE Program. $750,000 each year is
for the Counseling and Case Management
Outreach Referral and Education (CORE)
program.
new text end

new text begin (b)new text begin Veterans Service Organizations.new text end
$353,000 each year is for grants to the
following congressionally chartered veterans
service organizations as designated by the
commissioner: Disabled American Veterans,
Military Order of the Purple Heart, the
American Legion, Veterans of Foreign Wars,
Vietnam Veterans of America, AMVETS, and
Paralyzed Veterans of America. This funding
must be allocated in direct proportion to the
funding currently being provided by the
commissioner to these organizations.
new text end

new text begin (c)new text begin Minnesota Assistance Council for
Veterans.
new text end
$750,000 each year is for a grant
to the Minnesota Assistance Council for
Veterans to provide assistance throughout
Minnesota to veterans and their families who
are homeless or in danger of homelessness,
including assistance with the following:
new text end

new text begin (1) utilities;
new text end

new text begin (2) employment; and
new text end

new text begin (3) legal issues.
new text end

new text begin The assistance authorized under this paragraph
must be made only to veterans who have
resided in Minnesota for 30 days prior to
application for assistance and according to
other guidelines established by the
commissioner. In order to avoid duplication
of services, the commissioner must ensure that
this assistance is coordinated with all other
available programs for veterans.
new text end

new text begin (d) State's Veterans Cemeteries. $1,647,000
in the first year and $1,672,000 in the second
year are for the state's veterans cemeteries.
new text end

new text begin (e)new text begin Honor Guards.new text end $200,000 each year is for
compensation for honor guards at the funerals
of veterans under Minnesota Statutes, section
197.231.
new text end

new text begin (f)new text begin Minnesota GI Bill.new text end $200,000 each year is
for the costs of administering the Minnesota
GI Bill postsecondary educational benefits,
on-the-job training, and apprenticeship
program under Minnesota Statutes, section
197.791.
new text end

new text begin (g)new text begin Gold Star Program.new text end $100,000 each year
is for administering the Gold Star Program for
surviving family members of deceased
veterans.
new text end

new text begin (h)new text begin County Veterans Service Office.new text end
$1,100,000 each year is for funding the
County Veterans Service Office grant program
under Minnesota Statutes, section 197.608.
new text end

new text begin (i) Armed Forces Service Center. new text end new text begin $100,000
in the first year is for a onetime grant to the
Armed Forces Service Center at the
Minneapolis-St. Paul Airport for construction
costs related to the remodeling of the Armed
Forces Service Center and for refurbishing the
center's furniture and beds used by service
members between connecting flights and while
awaiting ground transportation when traveling
individually or by unit to and from military
duty assignments.
new text end

new text begin As a condition of issuing this grant, the
commissioner must ensure that the center
provides matching funding for this purpose.
The commissioner must also ensure that no
part of this grant may be spent for salary or
related benefits for any person or for the
operations of the center.
new text end

new text begin (j) new text end new text begin Veterans Justice Grant; Report. new text end new text begin
$200,000 each year is for a veterans justice
grant program. The commissioner shall solicit
bids for grants to an organization or
organizations that will use the grant money to
support, through education, outreach, and legal
training and services, military veterans who
are involved with the criminal justice system.
The commissioner may use up to seven
percent of this appropriation each year for
costs incurred to administer the program under
this section.
new text end

new text begin A county or city may apply for a veterans
justice grant to establish or operate a veterans
pretrial diversion program for eligible
offenders.
new text end

new text begin The grant recipient or recipients must report
to the commissioner of veterans affairs and
the chairs and ranking minority members of
the legislative committees and divisions
overseeing veterans affairs policy and finance
by January 15 of each year. The report must
include: an overview of the project's budget;
a detailed explanation of project expenditures;
the number of veterans and service members
served by the project; a list and explanation
of the services provided to project participants;
and details of the project's education, outreach,
and legal training programs.
new text end

new text begin (k) new text end new text begin Medal of Honor Memorial. new text end new text begin $150,000 in
the first year is for deposit in the Medal of
Honor Memorial account established under
Laws 2016, chapter 189, article 13, section
64, subdivision 2. The commissioner shall use
the amount transferred under this section to
construct the Medal of Honor Commemorative
Memorial. This transfer is not available until
the commissioner of management and budget
determines that an equal amount is committed
from other nonstate sources.
new text end

new text begin Subd. 3. new text end

new text begin Veterans Health Care
new text end

new text begin 58,291,000
new text end
new text begin 58,291,000
new text end

new text begin (a) new text end new text begin Transfers. These appropriations may be
transferred to a veterans homes special
revenue account in the special revenue fund
in the same manner as other receipts are
deposited according to Minnesota Statutes,
section 198.34, and are appropriated to the
commissioner of veterans affairs for the
operation of veterans homes facilities and
programs.
new text end

new text begin (b) new text end new text begin Report. No later than January 15, 2020,
the commissioner of veterans affairs must
submit a report to the legislative committees
with jurisdiction over veterans affairs on
reserve amounts maintained in the veterans
homes special revenue account. The report
must detail current and historical amounts
maintained as a reserve, and uses of those
amounts. The report must also include data on
the utilization of existing veterans homes,
including current and historical bed capacity
and usage, staffing levels and staff vacancy
rates, and staff-to-resident ratios.
new text end

new text begin (c)new text begin Maximize Federal Reimbursements. new text endThe
commissioner shall seek opportunities to
maximize federal reimbursements of
Medicare-eligible expenses and provide annual
reports to the commissioner of management
and budget on the federal Medicare
reimbursements received. Contingent upon
future federal Medicare receipts, reductions
to the veterans homes' general fund
appropriation may be made.
new text end

Sec. 4.

Laws 2016, chapter 189, article 13, section 64, is amended to read:


Sec. 64. MEMORIAL COMMEMORATING RECIPIENTS OF THE MEDAL OF
HONOR.

Subdivision 1.

Medal of Honor Memorial on the State Capitol grounds.

Subject to
approval by the Capitol Area Architectural and Planning Board, the commissioner of
administration shall place a memorial on the State Capitol grounds to honor Minnesotans
awarded the Medal of Honor.

Subd. 2.

Gifts and grants.

The commissioner of veterans affairs may solicit gifts, grants,
or donations of any kind from any private or public source to carry out the purposes of this
section. A Medal of Honor Memorial account is created in the special revenue fund. new text beginThe
account consists of money transferred by law to the account and any other money donated,
gifted, granted, allotted, or otherwise provided to the account.
new text endAll gifts, grants, or donations
received by the commissioner shall be deposited in a Medal of Honor Memorial account in
the special revenue fund. Money in the account is new text beginannually new text endappropriated to the commissioner
of administration for predesign, design, construction, and ongoing maintenance of the
memorial.

deleted text begin Subd. 3. deleted text end

deleted text begin Restrictions. deleted text end

deleted text begin Money deposited in the Medal of Honor Memorial account is not
available until the commissioner of management and budget has determined an amount
sufficient to complete predesign of the memorial has been committed to the project from
nonstate sources. The commissioner of administration shall not begin construction on this
project until money in the account is sufficient to pay for all costs related to construction
and ongoing maintenance of the memorial.
deleted text end

ARTICLE 2

POLICY

Section 1.

Minnesota Statutes 2018, section 15.057, is amended to read:


15.057 PUBLICITY REPRESENTATIVES.

No state department, bureau, or division, whether the same operates on funds appropriated
or receipts or fees of any nature whatsoever, except new text beginthe Department of Veterans Affairs,
new text end the Department of Transportation, the Department of Employment and Economic
Development, the Game and Fish Division, State Agricultural Society, and Explore Minnesota
Tourism shall use any of such funds for the payment of the salary or expenses of a publicity
representative. The head of any such department, bureau, or division shall be personally
liable for funds used contrary to this provision. This section shall not be construed, however,
as preventing any such department, bureau, or division from sending out any bulletins or
other publicity required by any state law or necessary for the satisfactory conduct of the
business for which such department, bureau, or division was created.

Sec. 2.

Minnesota Statutes 2018, section 196.05, subdivision 1, is amended to read:


Subdivision 1.

General duties.

The commissioner shall:

(1) act as the agent of a resident of the state having a claim against the United States for
benefits arising out of or by reason of service in the armed forces and prosecute the claim
without charge;

(2) act as custodian of veterans' bonus records;

(3) administer the laws relating to the providing of bronze flag holders at veterans' graves
for memorial purposes;

(4) administer the laws relating to recreational or rest camps for veterans so far as
applicable to state agencies;

(5) administer the state soldiers' assistance fund and veterans' relief fund and other funds
appropriated for the payment of bonuses or other benefits to veterans or for the rehabilitation
of veterans;

(6) cooperate with national, state, county, municipal, and private social agencies in
securing to veterans and their dependents the benefits provided by national, state, and county
laws, municipal ordinances, or public and private social agencies;

(7) provide necessary assistance where other adequate aid is not available to the dependent
family of a veteran while the veteran is hospitalized and after the veteran is released for as
long a period as is necessary as determined by the commissioner;

(8) cooperate with United States governmental agencies providing compensation,
pensions, insurance, or other benefits provided by federal law, by supplementing the benefits
prescribed therein, when conditions in an individual case make it necessary;

(9) assist dependent family members of military personnel who are called from reserve
status to extended federal active duty during a time of war or national emergency through
the state soldiers' assistance fund provided by section 197.03;

(10) exercise other powers as deleted text beginmay bedeleted text end authorized and necessary to carry out deleted text beginthe provisions
of
deleted text end this chapter and deleted text beginchapterdeleted text endnew text begin chaptersnew text end 197deleted text begin, consistent with that chapterdeleted text endnew text begin and 198new text end;

(11) provide information, referral, and counseling services to those veterans who may
have suffered adverse health conditions as a result of possible exposure to chemical agents;
and

(12) in coordination with the Minnesota Association of County Veterans Service Officers,
develop a written disclosure statement for use by private providers of veterans benefits
services as required under section 197.6091. At a minimum, the written disclosure statement
shall include a signature line, contact information for the department, and a statement that
veterans benefits services are offered at no cost by federally chartered veterans service
organizations and by county veterans service officers.

Sec. 3.

Minnesota Statutes 2018, section 197.603, subdivision 2, is amended to read:


Subd. 2.

Records; data privacy.

Pursuant to chapter 13 the county veterans service
officer is the responsible authority with respect to all records in the officer's custody. The
data on clients' applications for assistance is private data on individuals, as defined in section
13.02, subdivision 12.new text begin The county veterans service officer may disclose to the county assessor
private data necessary to determine a client's eligibility for the disabled veteran's homestead
market value exclusion under section 273.13, subdivision 34.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2018, section 197.791, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Commissioner" means the commissioner of veterans affairs, unless otherwise
specified.

(c) "Cost of attendance" for undergraduate students has the meaning given in section
136A.121, subdivision 6, multiplied by a factor of 1.2. Cost of attendance for graduate
students has the meaning given in section 136A.121, subdivision 6, multiplied by a factor
of 1.2, using the tuition and fee maximum established by law for four-year programs. For
purposes of calculating the cost of attendance for graduate students, full time is eight credits
or more per term or the equivalent.

(d) "Child" means a natural or adopted child of a person described in subdivision 4,
paragraph (a), clause (1), item (i) or (ii).

(e) "Eligible institution" means a postsecondary institution under section 136A.101,
subdivision 4, or a graduate school licensed or registered with the state of Minnesota serving
only graduate students.

(f) "Program" means the Minnesota GI Bill program established in this section, unless
otherwise specified.

(g) deleted text begin"Time of hostilities" means any action by the armed forces of the United States that
is recognized by the issuance of a presidential proclamation or a presidential executive order
in which the armed forces expeditionary medal or other campaign service medals are awarded
according to presidential executive order, and any additional period or place that the
commissioner determines and designates, after consultation with the United States
Department of Defense, to be a period or place where the United States is in a conflict that
places persons at such a risk that service in a foreign country during that period or in that
place should be considered to be included.
deleted text end

deleted text begin (h)deleted text end "Veteran" has the meaning given in section 197.447. deleted text beginVeteran also includes a service
member who has received an honorable discharge after leaving each period of federal active
duty service and has:
deleted text end

deleted text begin (1) served 90 days or more of federal active duty in a foreign country during a time of
hostilities in that country; or
deleted text end

deleted text begin (2) been awarded any of the following medals:
deleted text end

deleted text begin (i) Armed Forces Expeditionary Medal;
deleted text end

deleted text begin (ii) Kosovo Campaign Medal;
deleted text end

deleted text begin (iii) Afghanistan Campaign Medal;
deleted text end

deleted text begin (iv) Iraq Campaign Medal;
deleted text end

deleted text begin (v) Global War on Terrorism Expeditionary Medal; or
deleted text end

deleted text begin (vi) any other campaign medal authorized for service after September 11, 2001; or
deleted text end

deleted text begin (3) received a service-related medical discharge from any period of service in a foreign
country during a time of hostilities in that country.
deleted text end

A service member who has fulfilled the requirements for being a veteran deleted text beginunder this paragraphdeleted text end
but is still serving actively in the United States armed forces is also a veteran for the purposes
of this section.

Sec. 5.

Minnesota Statutes 2018, section 273.1245, subdivision 2, is amended to read:


Subd. 2.

Disclosure.

The assessor shall disclose the data described in subdivision 1 to
the commissioner of revenue as provided by law. The assessor shall also disclose all or
portions of the data described in subdivision 1 tonew text begin:
new text end

new text begin (1)new text end the county treasurer solely for the purpose of proceeding under the Revenue Recapture
Act to recover personal property taxes owingdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (2) the county veterans service officer for the purpose of determining a person's eligibility
for the disabled veteran's homestead market value exclusion under section 273.13, subdivision
34.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

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 either Severity
Level 7, D7, or lower in the Minnesota Sentencing Guidelines, who could otherwise be
sentenced to county jail or state prison 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) A defendant who requests to be sentenced under this section shall release or authorize
access to military service reports and records relating to the alleged conditions stemming
from service in the United States military. The records shall be filed as confidential and
remain sealed, except as provided for in this paragraph. The defendant, through existing
records or licensed professional evaluation, shall establish the diagnosis of the condition
and its connection to military service. The court, on 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. Based
on the record, the court shall make findings on whether, by clear and convincing evidence,
the defendant suffers from a diagnosable condition and whether that condition stems from
service in the United States military. 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.
new text end

new text begin (c) If the court concludes that a defendant who entered a plea of guilty to a criminal
offense is a person described in this subdivision 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 it may require and for a period not to exceed the maximum sentence provided
for the violation.
new text end

new text begin (d) Upon violation of a condition of the probation, the court may enter an adjudication
of guilt and proceed as otherwise provided by law, including sentencing pursuant to the
guidelines, application or waiver of statutory mandatory minimums, or a departure under
subdivision 2, paragraph (d).
new text end

new text begin (e) 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 that period which
the defendant would have served in state prison 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 (f) 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 (g) The court, in making an order under this section to order a defendant 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 that
service, including but not limited to programs operated by the United States Departments
of Defense or Veterans Affairs.
new text end

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

new text begin (i) If available in the county or judicial district having jurisdiction over the case, the
defendant may be supervised by the veterans treatment court program under subdivision 3.
If there is a veterans treatment court that meets the requirements of subdivision 3 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. If the defendant
successfully completes the veterans treatment court program in the supervising jurisdiction,
that jurisdiction shall sentence the defendant under this section. If the defendant is
unsuccessful in the veterans treatment court program, the defendant's supervision shall 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 under 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 all of the following describe the defendant:
new text end

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

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

new text begin (3) the defendant 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) the defendant does not represent a danger to the health and safety of others; and
new text end

new text begin (5) the defendant has demonstrated significant benefit from court-ordered education,
treatment, or rehabilitation to clearly show that granting restorative relief pursuant to this
subdivision would be in the interests 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, among other factors, all of the following:
new text end

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

new text begin (2) the defendant's progress in formal education;
new text end

new text begin (3) the defendant's development of career potential;
new text end

new text begin (4) the defendant's leadership and personal responsibility efforts;
new text end

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

new text begin (6) the 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 described in paragraph
(a), then upon expiration of the period of probation the court shall discharge the defendant
and dismiss the proceedings against that defendant. Discharge and dismissal under this
subdivision shall be without court adjudication of guilt, but a not public record of it 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 defendant. The not public
record may also be opened only upon court order for purposes of a 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 of it 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 charge to which the defendant entered a plea of guilty is listed under subdivision
1, paragraph (a), and is for an offense that is a presumptive commitment to state
imprisonment, the court may use the factors of paragraph (a) to justify a dispositional
departure, or any sentence appropriate including the application or waiver of statutory
mandatory minimums. If the court finds paragraph (a), clauses (1) to (5), factors, 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, United States 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 members who agree 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 Creation of county and city diversion programs; authorization. new text end

new text begin Any county
or city may establish and operate a veterans pretrial diversion program for offenders eligible
under subdivision 1 without penalty under section 477A.0175. "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 shall be dismissed after a specified period of time,
or the case shall not be charged, if the offender successfully completes the program of
treatment recommended by the United States 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