SBAND Seminar Materials 2013 Free Ethics: Echoes of War The Combat Veteran | Page 21
the
tools
to
make
an
informed
decision,
recognizing
that
treatment
and
probation
is
often
preferable
to
a
single
stint
of
incarceration
in
getting
to
the
root
of
the
problem
and
ensuring
long
term
public
safety.
This
is
not
a
“get
out
of
jail
free
card”
for
veterans.
Completion
of
treatment
is
a
condition
of
probation
and
failure
to
follow
through
can
result
in
jail.
Support
for
this
Minnesota
initiative
was
broad
and
bi-?partisan.
Backers
included
Republican
Governor,
Tim
Pawlenty,
state
law
makers
from
both
sides
of
the
political
isle,
the
Minnesota
Department
of
Veterans
Affairs,
the
Minnesota
County
Attorneys
Association,
the
Minnesota
Association
of
Criminal
Defense
Lawyers,
the
Minnesota
State
Public
Defenders,
the
Minnesota
Chapter
of
the
Veterans
of
Foreign
Wars,
and
the
Minnesota
Chapter
of
the
Order
of
the
Purple
Heart.
The
greatest
challenge
in
passing
the
bill
was
fiscal.
We
introduced
the
bill
the
same
week
the
Legislature
learned
it
was
facing
an
unprecedented
$1
billion
dollar
budget
deficit.
As
we
pushed
the
bill
through
committees,
it
became
apparent
that
we
would
have
to
strip
it
of
certain
provisions
that
would
trigger
fiscal
notes
and
prevent
its
passage.
In
the
end,
we
reluctantly
agreed
to
remove
provisions
that
would
have
tracked
the
number
of
veterans
coming
through
the
criminal
courts
and
that
would
have
provided
for
a
psychological
evaluation
of
troubled
veterans
who
had
not
yet
been
diagnosed
with
PTSD
or
related
condition.
The
language
of
the
new
Minnesota
law
reads
as
follows:
(a)
When
a
defendant
appears
in
court
and
is
convicted
of
a
crime,
the
court
shall
inquire
whether
the
defendant
is
currently
serving
in
or
is
a
veteran
of
the
armed
forces
of
the
United
States.
(b)
If
the
defendant
is
currently
serving
in
the
military
or
is
a
veteran
and
has
been
diagnosed
as
having
a
mental
illness
by
a
qualified
psychiatrist
or
clinical
psychologist
or
physician,
the
court
may:
(1)
order
that
the
officer
preparing
the
report
under
subdivision
1
consult
with
the
United
States
Department
of
Veterans
Affairs,
Minnesota
Department
of
Veterans
Affairs,
or
another
agency
or
person
with
suitable
knowledge
or
experience,
for
the
purpose
of
providing
the
court
with
information
regarding
treatment
options
available
to
the
defendant,
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