For crimes committed July 1, 2014 to June 30, 2015-
K.S.A. 2014 Supp. 21-6630
Sentencing of Veterans
The bill enacts new law and amends existing statutes to allow a defendant at the time of conviction or prior to sentencing to assert that the offense was committed as a result of mental illness, including post-traumatic stress disorder, stemming from service in a combat zone while in the U.S. Armed Forces. Under the provisions of the bill, the court must hold a hearing to determine the following:
- Whether the defendant served in a combat zone while in the U.S. Armed Forces, as proven by a certification by the executive director of the Kansas Commission on Veterans’ Affairs;
- Whether the defendant has separated from the armed forces with an honorable discharge or a general discharge under honorable conditions;
- Whether the defendant suffers from a mental illness; and
- If present, whether the mental illness was caused or exacerbated by service in a combat zone.
If the court determines the defendant has met the criteria established by the bill and the defendant’s current crime and criminal history fall within a presumptive non-prison category under the sentencing guidelines, the court may order the defendant to undergo treatment. The bill allows the court to order the defendant to undergo either inpatient or outpatient treatment at any treatment facility or program operated by the U.S. Department of Defense, the federal Veterans’ Administration, and the Kansas National Guard.
If the court determines the defendant is eligible for treatment under the above provisions and that the defendant meets the requirements for treatment under the alternative sentencing provisions of 2003 SB 123, the SB 123 provisions would apply, except the court may order treatment by the providers listed above in lieu of participation in a certified drug abuse treatment program.
For crimes committed on or after July 1, 2015 -
K.S.A. 2015 Supp. 21-6630