SF 3376

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; requiring screening of certain defendants in criminal
cases for posttraumatic stress disorder; authorizing mitigated dispositions for
certain offenders suffering from posttraumatic stress disorder who receive
treatment; requiring legislative reports and the collection of summary data;
requiring the preparation and distribution of an informational pamphlet;
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 [609.093] POSTTRAUMATIC STRESS DISORDER; REQUIRED
SCREENING AND DISPOSITION OPTIONS; COLLECTION OF
INFORMATION; REPORT TO LEGISLATURE.
new text end

new text begin Subdivision 1. new text end

new text begin Initial screening. new text end

new text begin As early as is practicable in a misdemeanor, gross
misdemeanor, or felony prosecution, the court shall ensure that the defendant has been
asked whether the defendant is a military veteran or is currently in the military. If the
defendant is a veteran or is in the military, the court shall ensure that the defendant has
been asked if the defendant has served in a stressful military assignment and whether the
defendant has ever experienced symptoms associated with posttraumatic stress disorder.
The initial screening may be conducted by the court, the defense attorney, the prosecutor,
or any other suitable individual within the court system. The screening may occur orally
or in writing.
new text end

new text begin Subd. 2. new text end

new text begin In-depth screening. new text end

new text begin If the initial screening required in subdivision 1
indicates that the defendant is a military veteran or is in the military and possibly may
be suffering from posttraumatic stress disorder, the court, if the defendant agrees, shall
refer the defendant to the Veterans Administration, the Department of Veterans Affairs,
or another entity qualified to assess the defendant for posttraumatic stress disorder. The
entity to which the defendant is referred shall prepare a report to the court that does the
following: (1) confirms whether the defendant is a military veteran or is in the military; (2)
reviews the defendant's military record to determine the types of assignments in which the
defendant served; (3) determines whether the defendant suffers from posttraumatic stress
disorder that is related to the defendant's military service; and (4) recommends treatment
options to address the defendant's posttraumatic stress disorder.
new text end

new text begin Subd. 3. new text end

new text begin Independent evaluations. new text end

new text begin The prosecutor and defense attorney each have
the right to independently evaluate the defendant if they disagree with the findings of
the report described in subdivision 2. The results of any independent evaluations must
be reported to the court.
new text end

new text begin Subd. 4. new text end

new text begin Consideration of report and evaluation; disposition options. new text end

new text begin The court
shall consider the report required in subdivision 2 and any independent evaluations
conducted under subdivision 3 when determining how to proceed in the defendant's
criminal case. Following the defendant's plea, if the court determines it is appropriate
given the report's or evaluation's recommendations and the circumstances and severity of
the offense, and is consistent with public safety, the court shall consider doing either of the
following: (1) staying the adjudication of guilt, if the prosecutor consents; or (2) staying
the imposition or execution of sentence, regardless of whether the prosecutor consents. If
the court does this, the court, as a condition of the disposition and in addition to any other
reasonable conditions of the type described in section 609.135, shall require the defendant
to successfully complete the treatment recommended in the report or evaluation.
new text end

new text begin Subd. 5. new text end

new text begin Data collecting; report. new text end

new text begin (a) The court administrator of each judicial
district shall report to the state court administrator in a manner and frequency determined
by the state court administrator summary data on the number of initial screenings, in-depth
screenings, independent evaluations, and mitigated dispositions occurring under this
section within the district.
new text end

new text begin (b) By February 1 of each year, the state court administrator shall report a summary
of the data received under paragraph (a) to the chairs and ranking minority members of
the senate and house of representatives committees having jurisdiction over criminal
justice policy.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008.
new text end

Sec. 2. new text begin INFORMATIONAL PAMPHLET.
new text end

new text begin By September 15, 2008, the commissioner of veterans affairs shall publish a
pamphlet summarizing the provisions of section 1 and make the pamphlet available to
veterans. Instead of publishing a separate pamphlet, the commissioner may include the
summary in another document relating to veterans' issues.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008.
new text end