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August 11, 2021
New Minnesota law provides for prison alternatives for veterans involved in lower-level offenses
In a number of prior posts (some linked below), I have spotlighted discussions and debates over whether and how past military service can and should be brought to bear at sentencing. Against that backdrop, I was intrigued to see this local report on a new state law headlined "Minnesota officials laud Veterans Restorative Justice Act as an 'opportunity to have another path'." Here are the particulars:
Minnesota veterans that commit a criminal offense as a result of a service-related condition could be granted a pathway to restitution without jail time under a measure approved by the Legislature and signed into law by Gov. Tim Walz....
The so-called Veterans Restorative Justice Act sets up alternate courses through the criminal justice system for veterans that struggle with injuries, substance abuse, post-traumatic stress disorder, military sexual trauma or chemical exposure. Veterans facing lower-level offenses would be eligible to be placed on probation and complete rehabilitation and county programming rather than going to jail. And those who completed their rehabilitation and treatment requirements could see their charges wiped away under the program.
Veterans courts allow for similar opportunities in certain parts of the state, but the law will make those options available statewide, the law's supporters said. "This is an opportunity for those veterans that are having those difficulties with the reintegration to have some help and assistance, something other than just going to jail, this gives them an opportunity to have another path," Department of Veterans Affairs Commissioner Larry Herke said.
Jeff Johnson, a Ramsey County Veterans Court graduate, said completing the treatment and rehabilitation programs required through the specialty court helped him reacclimate to civilian life after 24 years of active duty service. "When I got out, I'll be honest with you, even though I grew up here in Minnesota ... I felt like a Martian. It takes a lot of adjustment to figure out the society I hadn't participated in in 24 years," Johnson said. "(Veterans Court) is not a place where a veteran gets his or her life back, not in the least. They get a new life."
Advocates spent years attempting to pass the proposal in St. Paul before the divided Legislature agreed to advance it earlier this year. And both Democrats and Republicans on Tuesday commended the veterans advocacy organizations for keeping up the push to get the proposal through the Statehouse.
Some (of many) prior related posts:
- "Judge suggests more sentencing options for war veterans"
- Can downloading of child porn be blamed on post-traumatic stress disorder?
- Prior military service as a sentencing mitigator gets a big boost from SCOTUS
- "Judges Consider New Factor at Sentencing: Military Service"
- Should prior military service reduce a sentence?
- "Justice for Veterans: Does Theory Matter?"
- Kansas legislature considering bill for PTSD-based sentence reductions for veterans
- Ohio bill to require consideration of military service at sentencing
- "Judge suggests more sentencing options for war veterans"
- "Military Veterans, Culpability, and Blame"
- How many states now require judges to consider military service and/or PTSD at sentencing?
August 11, 2021 at 06:39 PM | Permalink