Establishes an alternative resolution program for service members and veterans accused of certain felonies

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

• Republican3
• Democratic1

This bill has cosponsors from more than one party.

Shown in neutral colors by design; Agora is non-partisan.

◆ The sponsor's argument

Why Joseph P. Addabbo Jr. says this is needed

As U.S. veterans return home, an increasing number of them suffer from serious trauma as a result of their military service, such as Post-Trau- matic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), substance abuse or addiction, major depression and other mental or physical impairments or illnesses. A national study, (Invisible Wounds of War), by RAND Corporation in 2008 found one in five veterans returning from Iraq and Afghanistan reported symptoms of PTSD or major depression. Researchers also found serious treatment gaps with only 53% of veterans with symptoms of mental health conditions seeking help, and of those who sought care, roughly half got minimally adequate treatment. In New York State, (A Needs Assessment of New York State Veterans) 2011 study by RAND Corporation and the New York State Health Foundation found an esti- mated 85,000 veterans returning home since 2001 have an unusually high rate of mental health problems. This study found nearly one in four New York State veterans had a probable diagnosis of PTSD and/or major depression. A follow up 2011 report by the Iraq and Afghanistan Veterans of America, (New York's Newest Veterans: Key Findings and Policy Impli- cations of the RAND Corporation's Needs Assessment of New York State Veterans), recommended a policy "to successfully execute an alternative sentencing program for veterans whose crimes stem from service-related injuries." Returning veterans face frontline indifference when suffering from an untreated mental or physical illness or injury. And those vets who may commit a crime end up lost in the criminal justice system. There is no statewide mechanism to identify veterans in the criminal justice system, and many are sentenced by courts unaware of their veteran status and military experience, let alone any untreated health condition that caused or contributed to their criminal act. A proactive health-based approach is needed to respond to this mental health calamity among veterans who find themselves in the criminal justice system. The Justice for Our Veterans Act would establish procedures to ensure that veterans in the criminal justice system receive necessary treatment to address military service-caused physical or mental illnesses that may have played a role in the charged offense. If the veteran completes the court-ordered treatment plan, the court has the option to reduce or dismiss the charges in appropriate cases. If the veteran completes the court-ordered treatment plan, the court has the option to reduce or dismiss the charges when appropriate. Veteran defendants charged with a Class A felony of murder, arson or kidnapping, or any sex offend er, would be evaluated for any mental or physical health conditions, but they would not be eligible for the diversion track program resulting in possible reduced charges. New York has 19 veterans' courts or tracks in 17 counties, based in city or county courts. While these courts can help veterans, they only accept a small percentage of cases, do not have uniform procedures, and usually limit eligibility to misdemeanors and nonviolent felonies. Moreover, the majority of counties do not even have veterans courts. Our veterans deserve the Justice for Our Veterans Act so that untreated men and women with invisible but real illnesses or injuries-the most vulnerable of our returning warriors-receive treatment and an alternative resolution proc- ess in the criminal justice system. This bill would require judges to consider the role a veteran's mental health issues played in their infraction, and whether charges should be reduced or dismissed upon the conclusion of the veteran's treatment. While we as a grateful nation support our troops, the Justice for Our Veterans Act puts our nation's pledge to support the troops into action. It directly assists, in a concrete way, the most vulnerable of our veterans. Passage of this bill will make New York one of the first states to establish a comprehensive statutory pro

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.