New deferred prosecution assessment process for current and former military members

Current and former military members charged with certain crimes will be able to learn whether they’re eligible for deferred sentencing before a finding of guilt or innocence.

The Veterans Restorative Justice Act increases access to programs and treatment for veterans with a service-related condition that led or contributed to a conviction for criminal offenses. It helps create post-plea sentencing options to avoid jail time while providing eligible veterans the resources and assistance they need to successfully reintegrate into society.

Sponsored by Rep. Sandra Feist (DFL-New Brighton) and Sen. Nicole Mitchell (DFL-Woodbury), a new law allows for deferred prosecution if the court finds clear and convincing evidence the defendant suffers from an applicable condition that stems from their service and caused them to commit the offense. Conditions such as substance abuse, trauma and traumatic brain injuries will qualify.

Defendants could request an eligibility assessment before a finding of guilt or entering a guilty plea and the court could make its finding based on information in the citation or complaint, and any accompanying police reports. If the court determines a defendant is eligible, and that person is subsequently found or pleads guilty, the court shall defer prosecution.

The law is effective Aug. 1, 2023.

HF45*/SF292/CH19

HF0045* / SF0292 / CH19