Bill Summary for HD 2300

Bill Summary for HD 2300

An Act Relative to Support for Veterans

Filed in 2011 by: Rep. Carolyn Dykema

SECTION 1:  Adds a “section 10” to Chapter 276A of the General Laws

Section 10 states that any probation officers must inquire whether the defendant is a veteran or current service member, or have history of military service in the armed forces of the United States. This screening is done to enable the judge at an arraignment to consider the defendant for diversion to a program or part of disposition.

-If the defendant is eligible for diversion or treatment, a 14 day continuance by the court may be afforded, to allow time for an assessment by the US Department of Veterans Affairs, the Massachusetts department of Veterans Affairs or the department of veterans' services or another federal or state agency. This report will be used in court to assist in sentencing or diversion.

- Any recommendations from diagnosing or treating mental health professionals for the defendant for pretrial diversion or imposition of a sentence

- If the defendant accepts the offer of the 14 day continuance for such an assessment, he or she must notify the judge, who directs the defendant to an assessment program, upon which a 14 day continuance will follow.

- If the defendant is not eligible for a diversion, a 14-day continuance for assessment may be granted by the judge, taking the prosecutions' opinion into consideration.

SECTION 2:

In order for any court personnel to recognize veterans issues and to determine the appropriate treatment for veterans in court, the court personnel shall work with the department of veterans services to adopt a training program which shall prepare the personnel.
All trial court employees who interact directly with a veteran defendant must complete the training. The administrative office of the trial court and the department of veterans' services must consult with the US Department of Veterans Affairs and provide at least one of the training sessions to the court personnel at no administrative cost to the commonwealth.

SECTION 3:

The administrative office of the trial court along with the US Department of Veterans Affairs and the department of veterans’ services shall conduct a study. The purpose of the study is to examine the intake and review process and disposition of veterans who face criminal complaints in the courts.

This section includes a listing of specific information that shall be collected in a study including but not limited to:

-number of defendants who are veterans, service members, or have a history of military service, who enter the courts each year

-number who are eligible to enter treatment and diversion programs

- The number screened and assessed for the placement of those programs
-the number who successfully completed a program

-the number who do not complete the program and the reasons therefore

-the number that enter and complete a program but reoffend and enter the criminal court systems within one year of the completion

The written report of the study will serve to set forth an annual reporting requirement provided by the courts related to veterans in the criminal justices system. This report will be provided by the chief justice of administration and management to the department of veterans services, the joint committee on veterans and federal affairs and the joint committee on the judiciary by April 1, 2013. Reports shall be reported annually by the administrate office of the trial court before December 1, 2013 and each year thereafter.

DRAFT   ONLY   NOT 

A  NUMBERED  BILL  YET !

HOUSE DOCKET, NO. 2300

FILED ON: 02/18/2011

HOUSE • • • • • • • • • • • • • •  No. XXXX
The  Commonwealth of Massachusetts 

PRESENTED BY:
Carolyn C. Dykema

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act relative to support for veterans.
PETITION OF:

NAME:                       DISTRICT/ADDRESS:     
Jason M Lewis            31st Middlesex     
Dennis A. Rosa           4th Worcester     
Frank I Smizik            15th Norfolk     
Jennifer E. Benson     37th Middlesex     
Martin J. Walsh          13th Suffolk     
George Ross               2nd Bristol     
Kate Hogan                3rd Middlesex     
James Eldridge           Middlesex and Worcester     
Karen Spilka               Second Middlesex and Norfolk     
Denise Provost           27th Middlesex     
Gloria L. Fox              7th Suffolk     

HOUSE [Pin Slip] • • • • • • • • • • • • • • No. xxxxx

The Commonwealth of Massachusetts
In the Year Two Thousand Eleven
An Act relative to support for veterans.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

    1     SECTION L Chapter 276A of the General Laws is hereby   amended by adding the following
      2     section:-
      3     Section 10.  The probation officers of a district, municipal or superior court, or their official
      4     designee, when gathering information in accordance with section 85 of chapter 276, shall, at or
      5     prior to arraignment of a defendant on a criminal complaint, make inquiry of the defendant as to
      6     whether he or she is a veteran or current servicemember of, or has a history of military service in,
      7     the armed forces of the United States. The probation officers or their official designee shall
      8     screen the defendant for the purpose of enabling the judge at arraignment to consider the
      9     eligibility of the defendant for diversion to a program, or treatment as part of disposition. 

    10           If the defendant is determined to be a veteran, or current servicemember, or has a history
    11     of military service in the armed forces of the United States and is eligible for diversion or
    12     treatment, he or she may, at arraignment, be afforded a 14-day continuance by the court for the
    13     purpose of seeking an assessment by the US Department of Veterans Affairs, the Massachusetts
    14     department of veterans , services or another state or federal agency with suitable knowledge and
    15     experience of veterans affairs to provide the court with treatment options available to the
    16     defendant, including diversion programs, if appropriate; provided, however, that if the defendant
    17     has demonstrated symptomatology suggestive of a mental illness, a written report shall be
    18     prepared by a qualified psychiatrist or clinical psychologist or physician, in consultation with
    19     said Department of Veterans Affairs or the department of veterans' services or another federal or
    20     state agency and said report shall be provided to the court to assist in sentencing or diversion.
    21     The court may consider the recommendations of any diagnosing or treating mental health
    22     professionals for the defendant for pre-trial diversion or the imposition of a sentence.

    23     If a defendant chooses to accept the offer of a continuance for the purpose of such an
    24     assessment, he or she shall so notify the judge at arraignment. Upon receipt of such notification,
    25     the judge shall grant a 14-day continuance. The judge, through the probation office or its official
    26     designee, shall direct the defendant to an assessment program and shall inform said program of
    27     such action and require that the program provide the probation department and court with its
    28     findings.

    29     The judge may, in his or her discretion, grant a defendant who is preliminarily determined not to
    30     be eligible for pre-trial diversion, a 14-day continuance for assessment. In arriving at such a
    31     decision, the opinion of the prosecution should be taken into consideration. Such a continuance
    32     may be granted upon the judge's own initiative or upon request by the defendant.
    33
    34     SECTION 2. The administrative office of the trial court shall work with the department of
    35     veterans services to adopt a training program to educate and assist court personnel, including
    36     court staff, probation officers, their designees, court officers, prosecutors, defense counsel, and
    37     judges in recognizing veterans issues and determining the appropriate treatment for veterans
    38     within the court. All trial court employees who interact directly with defendants shall be required
    39     to complete the training; and provided, further, that the administrative office of the trial court and
    40     the department of veterans' services shall, in consultation with the US Department of Veterans
    41     Affairs, provide at least one ofthe training sessions offered to court personnel at no
    42     administrative cost to the commonwealth.
    43
    44     SECTION 3. The administrative office of the trial court shall, in consultation with the US
    45     Department of Veterans Affairs and department of veterans' services, conduct a study to
    46     examine the intake and review process and disposition, including treatment and diversion
    47     options, of veterans who face criminal complaints in the courts. The study shall include specific
    48     information including, but not limited to, the number of defendants who are veterans,
    49     servicemembers or have a history of military service who enter the courts of the commonwealth
    50     each year, the number who are eligible to enter treatment and diversion programs, the number 

    51     screened and assessed for the purpose of being placed in a program, the number that successfully
    52     complete a program, the number that do not complete a program and the reason therefore, the
    53     number that are diverted to a program and obtain a dismissal of their court proceedings, and the
    54     number that enter and complete a program but reoffend and enter the criminal court system again
    55     within one year of successful completion. A written report of the study's findings shall set forth 

    56     annual reporting requirements to be provided by the courts related to veterans in the criminal
    57     justice system. Said report shall be provided by the chief justice of administration and 

    58     management to the department of veterans , services, the joint committee on veterans and federal 

    59     affairs and the joint committee on the judiciary by April I, 2013. Reporting shall be provided 

    60     annually by the administrative office of the trial court to said department and said committees on 

    61     or before December 1,2013 and each year thereafter.
    62