SB 3417

Abstract

Amends the Veterans and Servicemembers Court Treatment Act. Provides that if a veteran with a service-connected disability is arrested for or charged with a criminal offense and there is prima facie evidence that the veteran was suffering from an episode of post-traumatic stress disorder or a related mental health condition during the commission of the offense, there is a rebuttable presumption that the veteran is eligible to participate in a veterans and servicemembers court program, and after the arrest or charge, the following procedures shall take place: (1) the veteran shall be evaluated and treated as soon as practicable by a qualified medical professional for post-traumatic stress disorder and any other mental health condition or disorder; and (2) the court shall order a screening and clinical needs assessment and risk assessment and a mental health and substance use disorder screening and assessment. Provides that if a veteran with a service-connected disability is charged for the first time with a criminal offense, including a felony, except certain offenses that would make him or her ineligible to participate in a veterans and servicemembers court program, and suffered from post-traumatic stress disorder or a related mental health condition during the commission of the offense, then, upon successful completion of the terms and conditions of a court program, the court shall dismiss the original charges against the veteran or successfully terminate the veteran's sentence or otherwise discharge the veteran from any further proceedings against the participant in the original prosecution. Establishes certain procedures to be followed when a combat veteran who is a disabled veteran has an episode of post-traumatic syndrome disorder and needs assistance.