1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, providing for veterans
3and service member courts.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 42 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 918. Veterans and service member courts.

9(a) Establishment.--The president judge of each court of 
10common pleas shall establish, in consultation with the district 
11attorney, a veterans and service member court for veterans and 
12service members charged with a misdemeanor or felony offense, 
13other than a crime of violence. The court shall be established 
14using available funds.

15(b) Discretion of president judge.--At the discretion of the
16president judge, the court shall be a separate court or problem-

1solving court, within the court of common pleas.

2(c) Local rules.--The court shall adopt local rules for the
3administration of the court and its related treatment services.
4The local rules must be consistent with this section and the
5rules established by the Supreme Court of Pennsylvania.

6(d) Existing courts.--If a court of common pleas established
7a veterans and service member court before the effective date of
8this section, the veterans and service member court shall
9continue and is not subject to this section.

10(e) Eligibility.--A defendant is eligible for participation
11in a court if:

12(1) the defendant agrees to plead guilty to the charges;

13(2) the prosecutor consents to the defendant's
14participation; and

15(3) the court finds that the defendant:

16(i) is a veteran or current member of the United
17States Armed Forces, including the reserves, National
18Guard or State guard; and

19(ii) suffers from a brain injury, mental illness or
20mental disorder, including post-traumatic stress
21disorder, that:

22(A) resulted from the defendant's military
23service in a combat zone or other similar hazardous
24duty area; and

25(B) materially affected the defendant's criminal
26conduct at issue in the case.

27(f) Exclusion.--A defendant shall be excluded from a court
28if any of the following apply:

29(1) The crime committed is a crime of violence.

30(2) The defendant does not demonstrate a willingness to

1participate in a treatment program.

2(3) The defendant previously participated in or was
3discharged from a veterans and service member court.

4(g) Verification.--Proof of matters described in subsections
5(e) and (f) may be submitted to the court in which the criminal
6case is pending in a form the court determines to be
7appropriate, including:

8(1) a military service or medical record;

9(2) a previous determination of a disability by a
10veteran's organization or by the United States Department of
11Veterans Affairs;

12(3) testimony or an affidavit of other veterans or
13service members; and

14(4) a prior determination of eligibility for benefits by
15a State or county veterans office.

16The court's findings must accompany a docketed case.

17(h) Procedure.--The following apply:

18(1) The court shall order the defendant to submit to a
19mental health and drug and alcohol screening and assessment
20through the United States Department of Veterans Affairs or
21the department. A report based on the mental health and drug
22and alcohol screening and assessment shall be submitted to
23the court and shall include treatments and rehabilitative
24interventions for the defendant for consideration by the
25court or correctional programs. A mental health and drug and
26alcohol screening and assessment may not be ordered if the
27court finds that the defendant has undergone a screening and
28assessment within the previous 60 days.

29(2) The court shall inform the defendant that if the
30defendant fails to meet the conditions of the court,

1eligibility to participate in the court shall be revoked and
2the defendant shall be sentenced as provided under the law.

3(3) The defendant shall execute a written agreement with
4the court as to his participation in the court and shall
5agree to the terms and conditions of the court, including the
6possibility of sanctions or incarceration for failing to
7abide by or comply with the terms of the court.

8(4) In addition to any other conditions authorized under
9law, the court shall order the defendant to complete the
10treatment recommendations. A failure by the defendant to
11complete the treatment recommendations may result in the
12defendant being charged with sanctions, removal from the
13court and incarceration.

14(i) Mental health and substance abuse treatment.--The
15following apply:

16(1) The court shall collaborate with a network of
17substance abuse treatment programs representing a continuum
18of graduated substance abuse treatment options commensurate
19with the needs of defendants, including programs with the
20United States Department of Veterans Affairs, the
21Commonwealth, the department and community-based programs.

22(2) The court shall collaborate with a network of mental
23health treatment programs representing a continuum of
24treatment options commensurate with the needs of the
25defendant and available resources, including programs with
26the Department of Veterans Affairs, the Commonwealth, the
27department and community-based programs.

28(3) The court shall employ additional services or
29interventions as it deems necessary on a case-by-case basis.

30(j) Violations, termination and discharge.--

1(1) The court shall impose reasonable sanctions under
2the written agreement executed under subsection (h)(3),
3including incarceration or dismissal of the defendant from
4the court, if the court finds from the evidence presented,
5including a report or proffer of proof, from a court
6professional, that the defendant:

7(i) is not performing satisfactorily in the assigned
8treatment and rehabilitative interventions;

9(ii) is not benefiting from education, treatment or
10rehabilitation;

11(iii) engaged in criminal conduct rendering him
12unsuitable for the court; and

13(iv) otherwise violated the terms and conditions of
14the court or his sentence or is unable to participate for
15any reason.

16(2) Upon successful completion of the terms and
17conditions of the court, the court shall:

18(i) dismiss the original charges against the
19defendant; and

20(ii) terminate the defendant's sentence or otherwise
21discharge the defendant from further proceedings against
22him in the original prosecution.

23(k) Funding.--The following apply:

24(1) A court shall collect from a participant in the
25court:

26(i) a fee of $1,000; and

27(ii) a testing, counseling and treatment fee in an
28amount necessary to cover the costs of testing,
29counseling or treatment performed or provided under the
30supervision of the court.

1(2) At the discretion of the judge administering the
2program, a fee collected under this section may be paid on a
3periodic basis or a deferred payment schedule.

4(3) A fee collected under this subsection may only be
5used for a purpose specific to the court.

6(l) Definitions.--As used in this section, the following
7words and phrases shall have the meanings given to them in this
8subsection unless the context clearly indicates otherwise:

9"Court." The veterans and service member court established
10under this section.

11"Court professional." A prosecutor, defense attorney,
12probation officer or treatment provider involved with a program
13supervised by the court.

14"Crime of violence." An offense under any of the following:

15(1) 18 Pa.C.S. § 2502 (relating to murder);

16(2) 18 Pa.C.S. § 2701 (relating to simple assault);

17(3) 18 Pa.C.S. § 3121 (relating to rape);

18(4) 18 Pa.C.S. § 3124.1 (relating to sexual assault);
19and

20(5) 18 Pa.C.S. § 3701 (relating to robbery).

21"Department." The Department of Military and Veterans
22Affairs.

23"Service member." A person who is currently serving in the
24Army, Air Force, Marines, Navy or Coast Guard on active duty,
25reserve status or in the National Guard.

26"Veteran." A person who served in the armed forces and was
27discharged or released from service under conditions that were
28not dishonorable.

29Section 2. This act shall take effect in 120 days.