HF 2123 (LSB 5038YH (3) 83)

HOUSE FILE 2123

BY  TYMESON

A BILL FOR

An Act relating to placement of a combat veteran in a mental health or substance abuse facility as part of a criminal sentence.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  901.11  Combat veteran presentence hearing —— sentence.
   1.  In the case of any person convicted of a misdemeanor or felony, who is eligible for probation, and who otherwise would be sentenced to jail or committed to the custody of the director of the department of corrections, who alleges that the offense was committed as a result of posttraumatic stress disorder, substance abuse, or psychological problems stemming from service in a combat theater in the United States military, the court shall hold a presentence hearing to determine whether the defendant was a member of the military forces of the United States who served in combat and shall assess whether the defendant suffers from posttraumatic stress disorder, substance abuse, or psychological problems as a result of the service.
   2.  If the court determines at the presentence hearing the defendant is suffering from posttraumatic stress disorder, substance abuse, or psychological problems stemming from service in a combat theater in the United States military, the court may order the defendant placed in a mental health or substance abuse facility in this state or in another jurisdiction, that is considered an established treatment program which has a history of successfully treating combat veterans who suffer from posttraumatic stress disorder, substance abuse, or psychological problems as a result of the service.
   3.  If the defendant at the presentence hearing is able to prove admittance to a facility that has a history of successfully treating combat veterans who suffer from posttraumatic stress disorder, substance abuse, or psychological problems as a result of their combat service, the court may proceed with sentencing and sentence the defendant pursuant to section 901.5 and this section.
   4.  If the court determines the defendant was not a member of the military forces of the United States who served in combat, or does not suffer from posttraumatic stress disorder, substance abuse, or psychological problems as a result of the service, or determines placement under subsection 2 is not in the best interests of the person, the court shall proceed with sentencing as provided in section 901.5.
EXPLANATION
   This bill relates to placement of a combat veteran in a mental health or substance abuse facility as part of a criminal sentence.
   Under the bill, if a person who is eligible for probation, and who otherwise would be sentenced to jail or committed to the custody of the director of the department of corrections, alleges that the offense was committed as a result of posttraumatic stress disorder, substance abuse, or psychological problems stemming from service in a combat theater in the United States military, the court shall hold a presentence hearing to determine whether the defendant was a member of the military forces of the United States who served in combat and shall assess whether the defendant suffers from posttraumatic stress disorder, substance abuse, or psychological problems as a result of the service.
   The bill provides that if the court determines at the presentence hearing that such conditions are met, the court may order the defendant placed at a mental health or substance abuse facility that has a history of successfully treating combat veterans who suffer from posttraumatic stress disorder, substance abuse, or psychological problems as a result of the service, if the person is able to prove admittance at such a facility.
   Under the bill, if the court determines the conditions were not met, or determines placement is not in the best interests of the person, the court shall proceed with sentencing.