Regular Session 2017-2018 House Bill 0887 P.N. 0985

PRINTER'S NO. 985

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

887

Session of

2017

INTRODUCED BY BIZZARRO, READSHAW, SCHWEYER, MATZIE, CALTAGIRONE,

ROZZI, MURT, KINSEY, V. BROWN, GAINEY, DEAN, O'BRIEN,

DRISCOLL, BOBACK, MULLERY, GOODMAN, DEASY, SAINATO, WATSON,

FLYNN, GILLEN, McNEILL, McCLINTON, FARRY, NEILSON, SOLOMON,

KORTZ, DAVIDSON AND D. COSTA, MARCH 16, 2017

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 16, 2017

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in courts of common

pleas, providing for veterans and service member courts.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 918. Veterans and service member courts.

(a) Establishment.--The president judge of each court of

common pleas shall establish, in consultation with the district

attorney of the county, a veterans and service member court for

veterans and service members charged with a misdemeanor or

felony offense other than a crime of violence. The court shall

be established using available funds.

(b) Joint court.--Two or more president judges may jointly

form a veteran and service member court in consultation with the

district attorney from each county represented by the joint

court.

president judge, the court shall be either a separate court or

problem-solving court within the court of common pleas.

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

administration of the court and its related treatment services.

The local rules must be consistent with this section and the

rules established by the Supreme Court of Pennsylvania.

(e) Existing courts.--If a court of common pleas has an

existing veterans and service member court before the effective

date of this section, the veterans and service member court

shall continue and is not subject to this section.

(f) Eligibility.--A defendant is eligible for participation

in a court if:

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

(2) the prosecutor consents to the defendant's

participation; and

(3) the court finds that the defendant:

(i) is a veteran or current member of the United

States Armed Forces, including the reserves, National

Guard or Pennsylvania National Guard; and

(ii) suffers from a brain injury, mental illness or

mental disorder, including post-traumatic stress

disorder, that:

(A) resulted from the defendant's military

service in a combat zone or other similar hazardous

duty area; and

(B) materially affected the defendant's criminal

conduct at issue in the case.

(g) Exclusion.--A defendant shall be excluded from a court

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if any of the following applies:

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

(2) The defendant does not demonstrate a willingness to

participate in a treatment program.

(3) The defendant previously participated in or was

discharged from a veterans and service member court.

(h) Verification.--Proof of matters described in subsections

(f) and (g) may be submitted to the court in which the criminal

case is pending in a form the court determines to be

appropriate, including:

(1) a military service or medical record;

(2) a previous determination of a disability by a

veterans' organization or by the United States Department of

Veterans Affairs;

(3) testimony or an affidavit of other veterans or

service members; and

(4) a prior determination of eligibility for benefits by

a State or county veterans' office.

The court's findings must accompany a docketed case.

(i) Procedure.--The following apply:

(1) The court shall order the defendant to submit to a

mental health and drug and alcohol screening and assessment

through the United States Department of Veterans Affairs or

the department. A report based on the mental health and drug

and alcohol screening and assessment shall be submitted to

the court and shall include treatments and rehabilitative

interventions for the defendant for consideration by the

court or correctional programs. A mental health and drug and

alcohol screening and assessment may not be ordered if the

court finds that the defendant has undergone a screening and

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assessment within the previous 60 days.

(2) The court shall inform the defendant that, if the

defendant fails to meet the conditions of the court,

eligibility to participate in the court shall be revoked and

the defendant shall be sentenced as provided under the law.

(3) The defendant shall execute a written agreement with

the court as to his participation in the court and shall

agree to the terms and conditions of the court, including the

possibility of sanctions or incarceration for failing to

abide by or comply with the terms of the court.

(4) In addition to any other conditions authorized under

law, the court shall order the defendant to complete the

treatment recommendations. A failure by the defendant to

complete the treatment recommendations may result in the

defendant's being charged with sanctions, removal from the

court and incarceration.

(j) Mental health and substance abuse treatment.--The

following apply:

(1) The court shall collaborate with a network of

substance abuse treatment programs representing a continuum

of graduated substance abuse treatment options commensurate

with the needs of defendants, including programs with the

United States Department of Veterans Affairs, the

Commonwealth, the department and community-based programs.

(2) The court shall collaborate with a network of mental

health treatment programs representing a continuum of

treatment options commensurate with the needs of the

defendant and available resources, including programs with

the United States Department of Veterans Affairs, the

Commonwealth, the department and community-based programs.

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(3) The court shall employ additional services or

interventions as it deems necessary on a case-by-case basis.

(k) Violations, termination and discharge.--

(1) The court shall impose reasonable sanctions under

the written agreement executed under subsection (i)(3),

including incarceration or dismissal of the defendant from

the court, if the court finds from the evidence presented,

including a report or proffer of proof, from a court

professional, that the defendant:

(i) is not performing satisfactorily in the assigned

treatment and rehabilitative interventions;

(ii) is not benefiting from education, treatment or

rehabilitation;

(iii) engaged in criminal conduct rendering him

unsuitable for the court; and

(iv) otherwise violated the terms and conditions of

the court or his sentence or is unable to participate for

any reason.

(2) Upon successful completion of the terms and

conditions of the court, the court shall:

(i) dismiss the original charges against the

defendant; and

(ii) terminate the defendant's sentence or otherwise

discharge the defendant from further proceedings against

him in the original prosecution.

(l) Funding.--The following apply:

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

court:

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

(ii) a testing, counseling and treatment fee in an

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amount necessary to cover the costs of testing,

counseling or treatment performed or provided under the

supervision of the court.

(2) At the discretion of the judge administering the

program, a fee collected under this section may be paid on a

periodic basis or a deferred payment schedule.

(3) A fee collected under this subsection may only be

used for a purpose specific to the court.

(m) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Court." The veterans and service member court established

under this section.

"Court professional." A prosecutor, defense attorney,

probation officer or treatment provider involved with a program

supervised by the court.

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

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

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

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

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

and

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

"Department." The Department of Military and Veterans

Affairs.

"Service member." A person who is currently serving in the

armed forces of the United States on active duty or reserve

status or in the National Guard.

"Veteran." A person who served in the armed forces of the

United States and was discharged or released from service under

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conditions that were not dishonorable.

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

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