Post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI) are sadly common among veterans. PTSD is a mental health disorder, and TBI is a neurological injury that can result in mental health challenges; both may affect an individual's personality and increase their likelihood of high-risk behavior.

Under current Pennsylvania law, veterans may present PTSD and TBI as mitigating factors during their sentencing for a crime. However, veterans may not present PTSD and TBI as mitigating factors during a post-conviction review. This gap in the law significantly impacts those who are diagnosed while incarcerated. Additionally, PTSD was not recognized as a mental illness until 1980. Therefore, veterans sentenced prior to 1980, including Vietnam War veterans, could not use their illness as a mitigating factor in their sentencing. 

I will be introducing legislation that would allow incarcerated veterans diagnosed after imprisonment to apply to the court for post-conviction relief. This legislation will enable them to present their diagnosis of a mental health disability sustained during or as a result of active duty or training for active duty as a mitigating factor in the crime for which they were charged. Veterans serving sentences without consideration of their service-related mental health conditions deserve the opportunity to present their health diagnosis as evidence in their case and have a post-conviction review. 
 

Please join me in updating our laws to assist incarcerated veterans who suffer from service-related health disorders such as PTSD and TBI.