House File 2123 - Introduced HOUSE FILE 2123 BY TYMESON A BILL FOR An Act relating to placement of a combat veteran in a mental 1 health or substance abuse facility as part of a criminal 2 sentence. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5038YH (3) 83 jm/nh

H.F. 2123 Section 1. NEW SECTION . 901.11 Combat veteran presentence 1 hearing —— sentence. 2 1. In the case of any person convicted of a misdemeanor 3 or felony, who is eligible for probation, and who otherwise 4 would be sentenced to jail or committed to the custody of the 5 director of the department of corrections, who alleges that 6 the offense was committed as a result of posttraumatic stress 7 disorder, substance abuse, or psychological problems stemming 8 from service in a combat theater in the United States military, 9 the court shall hold a presentence hearing to determine whether 10 the defendant was a member of the military forces of the United 11 States who served in combat and shall assess whether the 12 defendant suffers from posttraumatic stress disorder, substance 13 abuse, or psychological problems as a result of the service. 14 2. If the court determines at the presentence hearing the 15 defendant is suffering from posttraumatic stress disorder, 16 substance abuse, or psychological problems stemming from 17 service in a combat theater in the United States military, 18 the court may order the defendant placed in a mental health 19 or substance abuse facility in this state or in another 20 jurisdiction, that is considered an established treatment 21 program which has a history of successfully treating combat 22 veterans who suffer from posttraumatic stress disorder, 23 substance abuse, or psychological problems as a result of the 24 service. 25 3. If the defendant at the presentence hearing is 26 able to prove admittance to a facility that has a history 27 of successfully treating combat veterans who suffer 28 from posttraumatic stress disorder, substance abuse, or 29 psychological problems as a result of their combat service, the 30 court may proceed with sentencing and sentence the defendant 31 pursuant to section 901.5 and this section. 32 4. If the court determines the defendant was not a member 33 of the military forces of the United States who served in 34 combat, or does not suffer from posttraumatic stress disorder, 35 -1- LSB 5038YH (3) 83 jm/nh 1/ 2

H.F. 2123 substance abuse, or psychological problems as a result of the 1 service, or determines placement under subsection 2 is not in 2 the best interests of the person, the court shall proceed with 3 sentencing as provided in section 901.5. 4 EXPLANATION 5 This bill relates to placement of a combat veteran in a 6 mental health or substance abuse facility as part of a criminal 7 sentence. 8 Under the bill, if a person who is eligible for probation, 9 and who otherwise would be sentenced to jail or committed 10 to the custody of the director of the department of 11 corrections, alleges that the offense was committed as a 12 result of posttraumatic stress disorder, substance abuse, 13 or psychological problems stemming from service in a combat 14 theater in the United States military, the court shall hold 15 a presentence hearing to determine whether the defendant 16 was a member of the military forces of the United States 17 who served in combat and shall assess whether the defendant 18 suffers from posttraumatic stress disorder, substance abuse, or 19 psychological problems as a result of the service. 20 The bill provides that if the court determines at the 21 presentence hearing that such conditions are met, the court 22 may order the defendant placed at a mental health or substance 23 abuse facility that has a history of successfully treating 24 combat veterans who suffer from posttraumatic stress disorder, 25 substance abuse, or psychological problems as a result of the 26 service, if the person is able to prove admittance at such a 27 facility. 28 Under the bill, if the court determines the conditions were 29 not met, or determines placement is not in the best interests 30 of the person, the court shall proceed with sentencing. 31 -2- LSB 5038YH (3) 83 jm/nh 2/ 2