MN HF2808

Courts must inquire whether a defendant appearing on arraignment is currently serving in or is a veteran of the United States armed forces.

If a defendant is a service member or veteran who appears to be suffering from a psychological injury or condition that may have contributed to their alleged offense, the court shall order a qualifying psychological evaluation if one has not been obtained.

A "qualifying psychological evaluation" includes evaluations by a qualified psychiatrist, clinical psychologist, physician, or competent medical authority, including Department of Veterans Affairs professional members.

Courts may stay adjudication of conviction and sentencing if the evaluation shows the defendant suffers from a psychological injury or condition that may have been a causative or contributing factor in the offense, and may order alternative treatment options instead.

The Commissioner of Veterans Affairs, in consultation with multiple stakeholders including the National Guard, state court administrator, and various mental health organizations, shall develop and periodically update a listing of mental health treatment programs available to Minnesota courts as alternatives to adjudication.

This section is effective August 1, 2010, and applies to hearings in Minnesota courts on or after that date.