1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, providing for veterans
3and service member courts.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 42 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 918. Veterans and service member courts.

9(a) Establishment.--The president judge of each court of 
10common pleas shall establish, in consultation with the district 
11attorney, a veterans and service member court for veterans and 
12service members charged with a misdemeanor or felony offense, 
13other than a crime of violence. The court shall be established 
14using available funds.

15(b) Discretion of president judge.--At the discretion of the
16president judge, the court shall be a separate court or problem-
17solving court, within the court of common pleas.

18(c) Local rules.--The court shall adopt local rules for the

1administration of the court and its related treatment services.
2The local rules must be consistent with this section and the
3rules established by the Supreme Court of Pennsylvania.

4(d) Existing courts.--If a court of common pleas established
5a veterans and service member court before the effective date of
6this section, the veterans and service member court shall
7continue and is not subject to this section.

8(e) Eligibility.--A defendant is eligible for participation
9in a court if:

10(1) the defendant agrees to plead guilty to the charges;

11(2) the prosecutor consents to the defendant's
12participation; and

13(3) the court finds that the defendant:

14(i) is a veteran or current member of the United
15States Armed Forces, including the United States Army
16Reserves or the Pennsylvania National Guard; and

17(ii) suffers from a brain injury, mental illness or
18mental disorder, including post-traumatic stress
19disorder, that:

20(A) resulted from the defendant's military
21service in a combat zone or other similar hazardous
22duty area; and

23(B) materially affected the defendant's criminal
24conduct at issue in the case.

25(f) Exclusion.--A defendant shall be excluded from a court
26if any of the following apply:

27(1) The crime committed is a crime of violence.

28(2) The defendant does not demonstrate a willingness to
29participate in a treatment program.

30(3) The defendant previously participated in or was

1discharged from a veterans and service member court.

2(g) Verification.--Proof of matters described in subsections
3(e) and (f) may be submitted to the court in which the criminal
4case is pending in a form the court determines to be
5appropriate, including:

6(1) a military service or medical record;

7(2) a previous determination of a disability by a
8veteran's organization or by the United States Department of
9Veterans Affairs;

10(3) testimony or an affidavit of other veterans or
11service members; and

12(4) a prior determination of eligibility for benefits by
13a State or county veterans office.

14The court's findings must accompany a docketed case.

15(h) Procedure.--The following apply:

16(1) The court shall order the defendant to submit to a
17mental health and drug and alcohol screening and assessment
18through the United States Department of Veterans Affairs or
19the department. A report based on the mental health and drug
20and alcohol screening and assessment shall be submitted to
21the court and shall include treatments and rehabilitative
22interventions for the defendant for consideration by the
23court or correctional programs. A mental health and drug and
24alcohol screening and assessment may not be ordered if the
25court finds that the defendant has undergone a screening and
26assessment within the previous 60 days.

27(2) The court shall inform the defendant that if the
28defendant fails to meet the conditions of the court,
29eligibility to participate in the court shall be revoked and
30the defendant shall be sentenced as provided under the law.

1(3) The defendant shall execute a written agreement with
2the court as to his participation in the court and shall
3agree to the terms and conditions of the court, including the
4possibility of sanctions or incarceration for failing to
5abide by or comply with the terms of the court.

6(4) In addition to any other conditions authorized under
7law, the court shall order the defendant to complete the
8treatment recommendations. A failure by the defendant to
9complete the treatment recommendations may result in the
10defendant being charged with sanctions, removal from the
11court and incarceration.

12(i) Mental health and substance abuse treatment.--The
13following apply:

14(1) The court shall collaborate with a network of
15substance abuse treatment programs representing a continuum
16of graduated substance abuse treatment options commensurate
17with the needs of defendants, including programs with the
18United States Department of Veterans Affairs, the
19Commonwealth, the department and community-based programs.

20(2) The court shall collaborate with a network of mental
21health treatment programs representing a continuum of
22treatment options commensurate with the needs of the
23defendant and available resources, including programs with
24the Department of Veterans Affairs, the Commonwealth, the
25department and community-based programs.

26(3) The court shall employ additional services or
27interventions as it deems necessary on a case-by-case basis.

28(j) Violations, termination and discharge.--

29(1) The court shall impose reasonable sanctions under
30the written agreement executed under subsection (h)(3),

1including incarceration or dismissal of the defendant from
2the court, if the court finds from the evidence presented,
3including a report or proffer of proof, from a court
4professional, that the defendant:

5(i) is not performing satisfactorily in the assigned
6treatment and rehabilitative interventions;

7(ii) is not benefiting from education, treatment or
8rehabilitation;

9(iii) engaged in criminal conduct rendering him
10unsuitable for the court; and

11(iv) otherwise violated the terms and conditions of
12the court or his sentence or is unable to participate for
13any reason.

14(2) Upon successful completion of the terms and
15conditions of the court, the court shall:

16(i) dismiss the original charges against the
17defendant; and

18(ii) terminate the defendant's sentence or otherwise
19discharge the defendant from further proceedings against
20him in the original prosecution.

21(k) Funding.--The following apply:

22(1) A court shall collect from a participant in the
23court:

24(i) a fee of $1,000; and

25(ii) a testing, counseling and treatment fee in an
26amount necessary to cover the costs of testing,
27counseling or treatment performed or provided under the
28supervision of the court.

29(2) At the discretion of the judge administering the
30program, a fee collected under this section may be paid on a

1periodic basis or a deferred payment schedule.

2(3) A fee collected under this subsection may only be
3used for a purpose specific to the court.

4(l) Definitions.--As used in this section, the following
5words and phrases shall have the meanings given to them in this
6subsection unless the context clearly indicates otherwise:

7"Court." The veterans and service member court established
8under this section.

9"Court professional." A prosecutor, defense attorney,
10probation officer or treatment provider involved with a program
11supervised by the court.

12"Crime of violence." An offense under any of the following:

13(1) 18 Pa.C.S. § 2502 (relating to murder);

14(2) 18 Pa.C.S. § 2701 (relating to simple assault);

15(3) 18 Pa.C.S. § 3121 (relating to rape);

16(4) 18 Pa.C.S. § 3124.1 (relating to sexual assault);
17and

18(5) 18 Pa.C.S. § 3701 (relating to robbery).

19"Department." The Department of Military and Veterans
20Affairs.

21"Service member." A person who is currently serving in the
22Army, Air Force, Marines, Navy or Coast Guard on active duty,
23reserve status or in the Pennsylvania National Guard.

24"Veteran." A person who served in the armed forces and was
25discharged or released from service under conditions that were
26not dishonorable.

27Section 2. This act shall take effect in 120 days.