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Serious flaws in Restorative Justice Act

To the editor:

Abbie Menze’s recent letter to the editor regarding Veterans Restorative Justice Act included numerous statements that were highly misleading and egregiously omitted key facts on this issue.

House Democrats have a 75-member majority. If they thought S.F. 2 was a good bill, they could have brought it to the House floor for approval regardless of objections from the minority. But they didn’t because House Republicans did their homework and uncovered serious flaws that could not be ignored before a full vote.

I support the general principle of diverting at-risk Veterans toward probation and social service programs instead of jail time. But this bill goes too far by including violent crimes such as felony second degree assault with a dangerous weapon, felony domestic assault by strangulation, aggravated second degree robbery and some kidnapping crimes.

Also, this bill allows the court to place a defendant in diversion over the objection of a prosecutor, and a crime victim has no say in whether their perpetrator enters said program.

Completion of mental health or chemical dependency treatment — if ordered by the court — is not required to have the case dismissed, and a sentence imposed by the court may not be extended to complete treatment. It is a disservice to our Veterans who are suffering from mental or chemical health issues to not have them complete treatment programming, which is a foundation of Veterans Courts. Unlike Ms. Menze’s characterization, this bill is not a part of Veterans Courts.

And, if a defendant is in substantial compliance with probation and participates in treatment, they could have their case — including domestic violence –dismissed and sealed from public record.

One of my top priorities as a legislator is to support the men and women of our armed forces, both active and retired. I am proud of my record helping our veterans and am more than happy to discuss the details with constituents who are interested in more of the facts.

State Rep. Chris Swedzinski

Ghent

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