By Whitney Downard | Pennsylvania Capital-Star
As the Capitol building buzzed with news of a long-awaited budget deal on Wednesday, two dozen House lawmakers on the Judiciary Committee debated the wording of bills on post-conviction relief for certain veterans and restitution for juvenile offenders.
Several measures on the lengthy agenda passed unanimously, but some Republicans had concerns that imprecise language could have unintended consequences.
“Many of these are just not ready for prime time today,” summarized Franklin’s Rep. Rob Kauffman (R-Franklin), the minority committee chair.
House Bill 458, sponsored by Rep. Carol Hill-Evans (D-York), sought to expand an existing allowance made for veterans in the criminal justice systems with post-traumatic stress disorder or traumatic brain injuries.
State law allows veterans to submit either diagnosis as a mitigating factor during sentencing, but not as part of a post-conviction review — leaving out those who are diagnosed while incarcerated.
“These are men and women who served our country honorably, and it’s not uncommon for their trauma to go unrecognized or untreated for months or even years,” said Hill-Evans.
“Those invisible wounds of war may have contributed to the circumstances that led to their incarceration. Justice demands that we take that into account,” she added.
A December memo accompanying the bill notes that any veteran diagnosed prior to 1980, when PTSD was first recognized as a mental illness, couldn’t use their diagnosis as a factor during their sentencing.
“This bill does not guarantee anyone a reduced sentence; it simply gives the courts the opportunity to review the full picture,” said Hill-Evans.
But Republicans questioned whether its wording might cover other mental health disorders.
“I am concerned that the broad nature of this bill technically allows for the defense of just mental distress or disability,” said Rep. Timothy Bonner (R-Mercer). “I would support the bill if it were limited.”
Three of the 12 GOP committee members joined the 14 Democrats in support of the proposal. It passed on a 17-9 vote.
The panel unanimously approved House Bill 866, sponsored by Rep. Joe Webster (D-Montgomery), that would require the state Department of Corrections to provide briefings to veterans about whether their veteran benefits might be restored upon release.
Restitution and the juvenile justice system
A bill seeking to eliminate most fines and fees for juvenile offenders also encountered pushback.
House Bill 1385 sponsor Rep. Emily Kinkead (D-Allegheny) said such costs kept low-income young people in the justice system longer than their wealthier peers. She said the proposal came at the recommendation of the state’s 2021 Juvenile Justice Task Force.
“These are intended for adult offenders and not really contemplating the ability of a juvenile to be able to pay them,” said Kinkead. “In many instances, these kids aren’t actually even able to get jobs.”
Originally, the measure addressed several topics, but a committee amendment stripped that all away — leaving only the portion addressing fees and fines.
Kauffman questioned the use of the phrase “actual victim” in the bill, an undefined term. Kinkead said she believed that phrase was “a reflection of the bill’s intent to only have restitution imposed in cases where an individual suffers actual material loss.”
“The idea that (actual victim) was included in the bill makes my skin crawl,” said Kauffman. “A victim is a victim.”
Kauffman also shared a concern that eliminating such costs “prioritizes the offender over the victim” and shifts the focus away from compensating crime victims.
“Once again, I think this one is not ready for prime time, but needs some additional work,” he noted.
The bill moved on a 14-12 vote along partisan lines.
Pennsylvania Capital-Star is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Pennsylvania Capital-Star maintains editorial independence. Contact Editor Tim Lambert for questions: info@penncapital-star.com.
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