Amendment #35 to S2509

Relocation of VALOR Act Diversion program

Mr. Velis of Westfield moves to amend the bill by adding the following sections:

SECTION XX. Sections 10 and 11 of Chapter 276A of the General Laws are hereby repealed.

SECTION XX. The General Laws are hereby amended by inserting after chapter 276B the following chapter:-

CHAPTER 276C

DIVERSION FOR VETERANS

Section 1. A probation officer of a district court, in Boston, the municipal court of the city of Boston or the officer's official designee, when gathering information in accordance with section 85 of chapter 276, shall, at or prior to arraignment of a defendant on a criminal complaint, use best efforts to confirm the defendant's status as a veteran, as defined in clause Forty-third of section 7 of chapter 4, a person on active service in the armed forces of the United States, as defined in said clause Forty-third of said section 7 of said chapter 4 or a person with a history of military service in the armed forces of the United States.

The district courts, and in Boston, the municipal court of the city of Boston, shall have jurisdiction to divert to a program any person who is a veteran, as defined in said clause Forty-third of said section 7 of said chapter 4, on active service in the armed forces of the United States, as defined in said clause Forty-third of said section 7 of said chapter 4, or who has history of military service in the armed forces of the United States who is charged with an offense against the commonwealth for which a term of imprisonment may be imposed, regardless of age, who has not previously been convicted of a violation of any law of the commonwealth or of any other state or of the United States in any criminal court proceeding after having reached the age of 18 years, except for traffic violations for which no term of imprisonment may have been imposed, who does not have any outstanding warrants, continuances, appeals or criminal cases pending before any courts of the commonwealth or any other state or of the United States and who has received a recommendation from a program that such person would, in light of the capacities of and guidelines governing it, benefit from participation in said program.

Section 2. A defendant who is determined to be a veteran, on active service or has a history of military service in the armed forces of the United States and who is eligible for diversion or treatment under section 1 may, at arraignment, be afforded a 14-day continuance by the court to seek an assessment by the United States Department of Veterans Affairs, the department of veterans' services or another state or federal agency with suitable knowledge and experience of veterans affairs to provide the court with treatment options available to the defendant, including diversion programs, if appropriate. If the defendant has demonstrated symptomatology suggestive of a mental illness, a qualified psychiatrist, clinical psychologist or physician shall, in consultation with the United States Department of Veterans Affairs, the department of veterans' services or another federal or state agency, provide a written report to the court to assist in sentencing or diversion. The court may consider the recommendations of any diagnosing or treating licensed mental health professional for the defendant for pre-trial diversion or the imposition of a sentence. Prior to offering a continuance, the court shall inquire into the circumstances of the charge.

If the court offers a 14-day continuance to seek an assessment and a defendant chooses to accept the offer of a continuance, the defendant shall notify the court at arraignment. Upon receipt of such notification, the judge may grant a 14-day continuance. The court, through the probation office or the officer's official designee, shall direct the defendant to an assessment program, shall inform the program of the action and shall require that the program provide the probation department and court with its findings. A court may grant a defendant who is preliminarily determined not to be eligible for pre-trial diversion a 14-day continuance for assessment. The court shall consider the opinion of the commonwealth on the merits of granting or denying the continuance. A court may grant a continuance sua sponte or upon motion by the defendant.