(The Center Square) – Advances in neuroscience have made increasingly clear the connection between traumatic brain injury and behavior challenges like irritability, aggression, and impulsivity.
For veterans, that means the same service they provided their country can contribute to criminal acts that harm their communities and ultimately cost their freedom.
That’s why Pennsylvania law allows veterans to present traumatic brain injury and post-traumatic stress disorder as mitigating factors during sentencing after they’ve been convicted of a crime. For those who haven’t received a diagnosis at that time, possible conditions are not considered.
On Tuesday, the House considered a bill that would extend the allowance to veterans seeking consideration in applications for post-conviction relief. This would allow judges to consider the new evidence and, if appropriate, adjust sentencing to ensure that the former servicemember receives the treatment they need.
“This is the least we can do for our veterans,” said the bill’s sponsor Rep. Carol Hill-Evans, D-York.
Not everyone agreed.
Rep. Timothy Bonner, R-Grove City, spoke out against the bill, saying it would upend “centuries of precedent” by allowing judges to unilaterally overturn decisions made by juries. Historically, in order to be found not guilty due to a mental health issue, Bonner noted, “if it rises to the level of insanity.”
“Under this legislation, a judge would have the power to say that a veteran who suffers from stress or compulsion and therefore committed a criminal act is not guilty of that act and can escape exoneration,” said Bonner.
The bill’s supporters say that it’s an inaccurate assessment of the legislation. Rep. Emily Kinkead, D-Bellevue, emphasized that the bill would only impact sentencing, not conviction and that it extends protections already afforded veterans who happen to have been diagnosed earlier.
Bonner pointed out that the same protections are not afforded police officers who suffer injury on duty, nor are mothers who have been battered, nor anyone else whose brain injuries or mental illness contribute to their rationale or emotional state when committing a crime.
The bill reflects a larger sea change in the criminal justice system when it comes to identifying and treating underlying mental health issues that contribute to crime. To that end, veterans with brain injuries could be the tip of the iceberg. The National Alliance on Mental Illness released a report in May covering policy areas lawmakers can consider to “divert individuals away from incarceration and towards care.”
Ultimately, the bill passed on party lines taking advantage of Democrats’ 102-101 majority. It’s unusual for a bill aimed at assisting veterans to find such a clear partisan divide. It will now move to the Republican-controlled Senate for consideration.
