new text begin [609.1056] MILITARY VETERAN OFFENDERS RESTORATIVE
JUSTICE SENTENCE.
new text end

new text begin Subdivision 1. new text end

new text begin Offenses as a result of military service; presentence supervision
procedures. new text end

new text begin (a) In the case of a person charged with a criminal offense that is either Severity
Level 7, D7, or lower in the Minnesota Sentencing Guidelines, including misdemeanor or
gross misdemeanor offenses, who could otherwise be sentenced to county jail or state prison
and who alleges that the offense was committed as a result of sexual trauma, traumatic brain
injury, post-traumatic stress disorder, substance abuse, or mental health condition stemming
from service in the United States military, the court shall, prior to entering a plea of guilty,
make a determination as to whether the defendant was, or currently is, a member of the
United States military and whether the defendant may be suffering from sexual trauma,
traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health
condition as a result of that person's service. The court may request, through existing
resources, an assessment to aid in that determination.
new text end

new text begin (b) A defendant who requests to be sentenced under this section shall release or authorize
access to military service reports and records relating to the alleged conditions stemming
from service in the United States military. The records shall be filed as confidential and
remain sealed, except as provided for in this paragraph. The defendant, through existing
records or licensed professional evaluation, shall establish the diagnosis of the condition
and its connection to military service. The court, on the prosecutor's motion with notice to
defense counsel, may order the defendant to furnish to the court for in camera review or to
the prosecutor copies of all medical and military service reports and records previously or
subsequently made concerning the defendant's condition and its connection to service. Based
on the record, the court shall make findings on whether, by clear and convincing evidence,
the defendant suffers from a condition identified in paragraph (a) and whether that condition
stems from service in the United States military. Within 15 days of the court's findings,
either party may file a challenge to the findings and demand a hearing on the defendant's
eligibility under this section.
new text end

new text begin (c) If the court concludes that a defendant who entered a plea of guilty to a criminal
offense is a person described in this subdivision or the parties stipulate to eligibility, the
court shall, upon the defendant entering a plea of guilty, without entering a judgment of
guilty and with the consent of the defendant, defer further proceedings and place the
defendant on probation upon such reasonable conditions as it may require and for a period
not to exceed the maximum period provided by law. If the veteran has previously received
a stay of adjudication for a felony offense under this section, the court may in its discretion
sentence consistent with this section or deny the use of this section on subsequent felony
offenses. If the court denies a stay of adjudication on this basis, the court may sentence
pursuant to the guidelines, application or waiver of statutory mandatory minimums, or a
departure pursuant to subdivision 2, paragraph (e).
new text end

new text begin (d) Upon violation of a condition of the probation, the court may enter an adjudication
of guilt and proceed as otherwise provided by law, including sentencing pursuant to the
guidelines, application or waiver of statutory mandatory minimums, or a departure pursuant
to subdivision 2, paragraph (e).
new text end

new text begin (e) As a condition of probation, the court may order the defendant to attend a local, state,
federal, or private nonprofit treatment program for a period not to exceed that period which
the defendant would have served in state prison or county jail.
new text end

new text begin (f) A defendant granted probation under this section and ordered to attend a residential
treatment program may be awarded sentence credits for the actual time the defendant serves
in residential treatment.
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new text begin (g) The court, in making an order under this section to order a defendant to attend an
established treatment program, shall give preference to a treatment program that has a history
of successfully treating veterans who suffer from sexual trauma, traumatic brain injury,
post-traumatic stress disorder, substance abuse, or mental health conditions as a result of
that service, including but not limited to programs operated by the United States Department
of Defense or Veterans Affairs.
new text end

new text begin (h) The court and the assigned treatment program shall, when available, collaborate with
the county veterans service officer and the United States Department of Veterans Affairs
to maximize benefits and services provided to the veteran.
new text end

new text begin (i) If available in the county or judicial district having jurisdiction over the case, the
defendant may be supervised by the veterans treatment court program under subdivision 3.
If there is a veterans treatment court that meets the requirements of subdivision 3 in the
county in which the defendant resides or works, supervision of the defendant may be
transferred to that county or judicial district veterans treatment court program. If the defendant
successfully completes the veterans treatment court program in the supervising jurisdiction,
that jurisdiction shall sentence the defendant under this section. If the defendant is
unsuccessful in the veterans treatment court program, the defendant's supervision shall be
returned to the jurisdiction that initiated the transfer for standard sentencing.
new text end

new text begin (j) Sentencing pursuant to this section waives any right to administrative review pursuant
to section 169A.53, subdivision 1, or judicial review pursuant to section 169A.53, subdivision
2, for a license revocation or cancellation imposed pursuant to section 169A.52, and also
waives any right to administrative review pursuant to section 171.177, subdivision 10, or
judicial review pursuant to section 171.177, subdivision 11, for a license revocation or
cancellation imposed pursuant to section 171.177, if that license revocation or cancellation
is the result of the same incident that is being sentenced.
new text end

new text begin Subd. 2. new text end

new text begin Restorative justice for military veterans; dismissal of charges. new text end

new text begin (a) It is in
the interests of justice to restore a defendant who acquired a criminal record due to a mental
health condition stemming from service in the United States military to the community of
law-abiding citizens. The restorative provisions of this subdivision apply to cases in which
a court monitoring the defendant's performance of probation under this section finds by
clear and convincing evidence at a public hearing, held after not less than 15 days' notice
to the prosecution, the defense, and any victim of the offense, that all of the following
describe the defendant:
new text end

new text begin (1) the defendant was granted probation and was a person eligible under subdivision 1
at the time that probation was granted;
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new text begin (2) the defendant is in substantial compliance with the conditions of that probation;
new text end

new text begin (3) the defendant has successfully participated in court-ordered treatment and services
to address the sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance
abuse, or mental health conditions stemming from military service;
new text end

new text begin (4) the defendant does not represent a danger to the health and safety of others; and
new text end

new text begin (5) the defendant has demonstrated significant benefit from court-ordered education,
treatment, or rehabilitation to clearly show that granting restorative relief pursuant to this
subdivision would be in the interests of justice.
new text end

new text begin (b) When determining whether granting restorative relief under this subdivision is in
the interests of justice, the court may consider, among other factors, all of the following:
new text end

new text begin (1) the defendant's completion and degree of participation in education, treatment, and
rehabilitation as ordered by the court;
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new text begin (2) the defendant's progress in formal education;
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new text begin (3) the defendant's development of career potential;
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new text begin (4) the defendant's leadership and personal responsibility efforts;
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new text begin (5) the defendant's contribution of service in support of the community; and
new text end

new text begin (6) the level of harm to the community or victim from the offense.
new text end

new text begin (c) If the court finds that a case satisfies each of the requirements described in paragraph
(a), then upon expiration of the period of probation the court shall discharge the defendant
and dismiss the proceedings against that defendant. Discharge and dismissal under this
subdivision shall be without court adjudication of guilt, but a not public record of the
discharge and dismissal shall be retained by the Bureau of Criminal Apprehension for the
purpose of use by the courts in determining the merits of subsequent proceedings against
the defendant. The not public record may also be opened only upon court order for purposes
of a criminal investigation, prosecution, or sentencing. Upon request by law enforcement,
prosecution, or corrections authorities, the bureau shall notify the requesting party of the
existence of the not public record and the right to seek a court order to open the not public
record under this section. The court shall forward a record of any discharge and dismissal
under this subdivision to the bureau which shall make and maintain the not public record
of the discharge and dismissal as provided under this subdivision. The discharge or dismissal
shall not be deemed a conviction for purposes of disqualifications or disabilities imposed
by law upon conviction of a crime or for any other purpose. For purposes of this subdivision,
"not public" has the meaning given in section 13.02, subdivision 8a.
new text end

new text begin (d) If the court find