Regular Session 2023-2024 Senate Resolution 0196 P.N. 1680

PRIOR PRINTER'S NO. 1217

PRINTER'S NO. 1680

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE RESOLUTION

No.

196

Session of

2023

INTRODUCED BY COLEMAN, TARTAGLIONE, ARGALL, LANGERHOLC,

MASTRIANO, DUSH AND CULVER, NOVEMBER 9, 2023

SENATOR BAKER, JUDICIARY, AS AMENDED, JUNE 4, 2024

A RESOLUTION

Directing the Pennsylvania Commission on Sentencing to conduct a

thorough and comprehensive study on the effects that post-

traumatic stress disorder or injury, military sexual trauma

and traumatic brain injury have on service members, veterans

and their families who are directly or indirectly involved or

implicated in any portion or component of the criminal

justice system.

WHEREAS, Post-traumatic stress disorder (PTSD) or post-

traumatic stress injury (PTSI) commonly affects veterans due to

their exposure to traumatic events during their military

service, including combat-related brain injuries; and

WHEREAS, For some veterans, these PTSD or PTSI symptoms might

contribute to their involvement in the criminal justice system;

and

WHEREAS, In recognition of the prevalence of adjustment

challenges among veterans involved in the criminal justice

system, various initiatives have been developed and implemented,

including veterans treatment courts, screening and assessment,

collaboration with the United States Department of Veterans

Affairs, access to mental health services, peer support

programs, trauma-informed trainings for criminal justice

professionals and reentry programs; and

WHEREAS, Court diversion and mentoring programs have proven

effective in helping veterans cope with challenges ranging from

mental health to transitioning back into civilian life; and

WHEREAS, Sustained research and evaluation is needed to

continuously improve data collection, identify, share and

rectify programming gaps and barriers to services across and

between all levels of government and involve community

stakeholders regarding issues affecting veterans involved in the

criminal justice system; and

WHEREAS, There is a growing recognition of the connection

between the prevalence of PTSD or PTSI, traumatic brain injuries

and military sexual trauma among veterans with readjustment

issues, particularly with veterans involved in the criminal

justice system; therefore be it

RESOLVED, That the Senate direct the Pennsylvania Commission

on Sentencing to conduct a thorough and comprehensive study on

the effects that post-traumatic stress disorder or injury,

military sexual trauma and traumatic brain injury have on

service members, veterans and their families who are directly or

indirectly involved or implicated in any portion or component of

the criminal justice system; and be it further

RESOLVED, That the Pennsylvania Commission on Sentencing

conduct the study in collaboration with the Department of

Corrections, the Department of Military and Veterans Affairs,

the Pennsylvania Commission on Crime and Delinquency, the

Administrative Office of Pennsylvania Courts and the Attorney

General; and be it further

RESOLVED, That the Pennsylvania Commission on Sentencing

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include all of the following information in the study:

(1) Each criminal case in this Commonwealth from 2016 to

2021 in which the criminal offender is identified as a

veteran, the severity of each offense, including the

statutory grading, offense gravity score and prior record

score, and the disposition of each case.

(2) Each criminal case in this Commonwealth from 2016 to

2021 in which the criminal offender was summoned to a

veterans treatment court.

(3) The amount of money necessary to establish

additional veterans treatment courts across this

Commonwealth.

(4) The number of criminal offenders identified as

veterans from 2016 to 2021 that committed two or more

offenses between 2016 and 2021 that did not arise out of the

same criminal case.

(5) The current consideration of each criminal offender

identified as a veteran with PTSD or PTSI, military sexual

trauma or traumatic brain injury during the sentencing in

this Commonwealth and nationwide.

(6) An evaluation of the thoroughness of the measures

used to ensure the identification of each veteran summoned to

the courts of common pleas and while incarcerated in a State

or county correctional institution.

(7) The potential impacts on the criminal justice system

and the timeliness of sentencing if courts are mandated to

complete a clinical assessment of each criminal offender

identified as a veteran for PTSD or PTSI, military sexual

trauma or traumatic brain injury prior to sentencing to

determine if the potential diagnoses should be considered

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during sentencing when a professional clinical assessment

does not already exist.

(8) The current health care treatment options available,

including mental health treatment, for each criminal offender

identified as a veteran with PTSD or PTSI, military sexual

trauma or traumatic brain injury while incarcerated in a

State or county correctional institution OR ENROLLED IN A

VETERANS TREATMENT COURT.

(9) Additional health care treatment options that would

be beneficial to make available for each criminal offender

identified as a veteran with PTSD or PTSI, military sexual

trauma or traumatic brain injury while incarcerated in a

State or county correctional institution OR ENROLLED IN A

VETERANS TREATMENT COURT;

and be it further

RESOLVED, That the Pennsylvania Commission on Sentencing

submit a report on the study, including findings and

recommendations, to the Senate no later than six 15 months after

the adoption of this resolution; and be it further

RESOLVED, That upon the Senate's receipt of the report, the

Judiciary Committee of the Senate be authorized to conduct

hearings to elicit testimony, documents and other evidence

relating to the findings and recommendations in the report.

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