An Act To Establish Veterans Treatment Courts
Maine Legislature, Session 125, LD 1698
Committee: Judiciary
Sponsors: MALONEY, GOODALL, BEAVERS, CLARKE, COTTA, GRAHAM, LONGSTAFF, MOULTON, SARTY, WEAVER

Legislative Document 
No. 1698 
H.P. 1250 
House of Representatives, December 23, 2011 
An Act To Establish Veterans Treatment Courts 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 21, 2011.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative MALONEY of Augusta. 
Cosponsored by Senator GOODALL of Sagadahoc and 
Representatives: BEAVERS of South Berwick, CLARKE of Bath, COTTA of China, 
GRAHAM of North Yarmouth, LONGSTAFF of Waterville, MOULTON of York, SARTY of 
Denmark, WEAVER of York. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, studies have shown that combat service may exact a tremendous 
psychological toll on members of the United States Armed Forces who are faced with the 
constant threat of death or injury over an extended period of time; and 
Whereas, researchers have shown that a significant number of members of the 
United States Armed Forces who have served in Iraq and Afghanistan will suffer, as a 
result of their military service, mental health injuries, such as post-traumatic stress 
disorder, depression, anxiety and acute stress, and injuries that affect brain function, such 
as traumatic brain injury; and 
Whereas, such combat-related injuries, and the use of drugs and alcohol to cope 
with such injuries, can lead to encounters with the criminal justice system that would not 
have occurred without the combat-related injuries; and 
Whereas, while the vast majority of returning members of the United States Armed 
Forces do not have contact with the criminal justice system, and most veterans and 
members of the United States Armed Forces are well-adjusted, contributing members of 
society, psychiatrists and law enforcement officials agree that combat-related injuries 
have led to instances of criminality; and 
Whereas, as a grateful State, we must continue to honor the military service of our 
men and women by providing them with an alternative to incarceration when feasible, 
permitting them instead to obtain proper treatment for mental health and substance abuse 
problems that have resulted from military service; and 
Whereas, this legislation needs to take effect before the expiration of the 90-day 
period because veterans are returning from Afghanistan and Iraq every day and need help 
as soon as possible to readjust to society; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  4 MRSA c. 8-B is enacted to read: 
CHAPTER 8-B 
VETERANS TREATMENT COURTS 
§433.  Veterans treatment courts 
1.  Definition.  As used in this section, unless the context otherwise indicates, 
"veterans treatment court" means a court established to adjudicate select criminal cases in 
which the defendant is a veteran or member of the United States Armed Forces and to 
provide treatment for that defendant. 
2.  Chief Justice may establish.  The Chief Justice of the Supreme Judicial Court 
may establish veterans treatment courts for veterans and members of the United States 
Armed Forces. 
3.  Federal funding.  The State Court Administrator may seek federal funding as it 
becomes available on behalf of the Judicial Department for the establishment, 
maintenance and expansion of veterans treatment courts. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill authorizes the Chief Justice of the Supreme Judicial Court to establish 
veterans treatment courts. It also authorizes the State Court Administrator to seek federal 
funding for these courts. 
This bill is presented in memory of former Army Ranger Justin Crowley-Smilek of 
Farmington, who served his country in Afghanistan.