Establishes an alternative resolution program for veterans accused of certain felonies

Summary of provisions

Section 1 establishes a new criminal procedure law article 217, comprised of three sections, to provide for alternate resolution of criminal proceedings involving service members and veterans. The new section 217.00 contains "Legislative findings and declaration." The new section 217.05 contains definitions of the terms "veteran," "service member," "eligible service member or veteran" and "service member or veteran evaluation." The new section 217.10 sets forth the procedure for conducting a service member or veteran evaluation, including diagnosing any mental or physical health condition, assessment if treatment is needed, and determining eligibility in the alternative resolution program. Veteran or service member defendants charged with violent Class A felonies, such as murder, arson and kidnapping, and all sex offenses, are not eligible for the alternative resolution program. Section 217.10 also describes the alternative resolution program, which includes the development of a treatment plan, and the court's final disposition of proceedings upon satisfaction of the terms and conditions of the treatment plan, which may include a reduction of the charge or a discharge. Section 2 includes an amendment to Section 390.30 of the criminal procedure law to include any veteran or service member's evaluation report in a pre-sentence investigation and report. Section 3 provides the effective date.

Justification

As U.S. veterans return home, an increasing number of them suffer from serious trauma as a result of their military service, such as Post-Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), substance abuse or addiction, major depression and other mental or physical impairments or illnesses. A national study, (Invisible Wounds of War), by RAND Corporation in 2008 found one in five veterans returning from Iraq and Afghanistan reported symptoms of PTSD or major depression. Researchers also found serious treatment gaps with only 53% of veterans with symptoms of mental health conditions seeking help, and of those who sought care, roughly half got minimally adequate treatment. In New York State, (A Needs Assessment of New York State Veterans) 2011 study by RAND Corporation and the New York State Health Foundation found an estimated 85,000 veterans returning

home since 2001 have an unusually high rate of mental health problems. This study found nearly one in four New York State veterans had a probable diagnosis of PTSD and/or major depression. A follow up 2011 report by the Iraq and Afghanistan Veterans of America, (New York's Newest Veterans: Key Findings and Policy Implications of the RAND Corporation's Needs Assessment of New York State Veterans), recommended a policy "to successfully execute an alternative sentencing program for veterans whose crimes stem from service-related injuries."

Returning veterans face frontline indifference when suffering from an untreated mental or physical illness or injury. And those vets who may commit a crime end up lost in the criminal justice system. There is no statewide mechanism to identify veterans in the criminal justice system, and many are sentenced by courts unaware of their veteran status and military experience, let alone any untreated health condition that caused or contributed to their criminal act. A proactive health-based approach is needed to respond to this mental health calamity among veterans who find themselves in the criminal justice system. The Justice for Our Veterans Act would establish procedures to ensure that veterans in the criminal justice system receive necessary treatment to address military service-caused physical or mental illnesses that may have played a role in the charged offense. If the veteran completes the court-ordered treatment plan, the court has the option to reduce or dismiss the charges in appropriate cases. If the veteran completes the court-ordered treatment plan, the court has the option to reduce or dismiss the charges when appropriate. Veteran defendants charged with a Class A felony of murder, arson or kidnapping, or any sex offense, would be evaluated for any mental or physical health conditions, but they would not be eligible for the diversion track program resulting in possible reduced charges.

New York has 19 veterans' courts or tracks in 17 counties, based in city or county courts. While these courts can help veterans, they only accept a small percentage of cases, do not have uniform procedures, and usually limit eligibility to misdemeanors and nonviolent felonies. Moreover, the majority of counties do not even have veterans courts. Our veterans deserve the Justice for Our Veterans Act so that untreated men and women with invisible but real illnesses or injuries-the most vulnerable of our returning warriors-receive treatment and an alternative resolution process in the criminal justice system. This bill would require judges to consider the role a veteran's mental health issues played in their infraction, and whether charges should be reduced or dismissed upon the conclusion of the veteran's treatment. While we as a grateful nation support our troops, the Justice for Our Veterans Act puts our nation's pledge to support the troops into action. It directly assists, in a concrete way, the most vulnerable of our veterans.

Passage of this bill will make New York one of the first states to establish a comprehensive statutory program so that veterans receive needed treatment to address mental health illnesses or conditions, and when appropriate, avoid the significant collateral consequences that flow from criminal convictions.

Legislative history

2014 - Rules Committee.

Fiscal implications

Localities should experience a reduction in local jail costs with consequent fiscal savings and the State should save on reduced prison-costs. It is anticipated that the cost to the state for treatment will be negligible as many if not most, eligible veterans will receive treatment through the U.S. Department of Veterans Affairs.

Effective date

Immediately.