The Minnesota Veterans Restorative Justice Act (VRJA) is a state of law that offers a path healing rather than just punishment for veterans who have committed crimes linked to service -related trauma. [1] Enacted originally in 2021 and expanded further to include deferred prosecution assessments. The Act seeks to address the unseen scars of combat, such as Post -9/11 war operations. Rather than taking a punitive approach, it relies on a non adversarial system that focuses on healing and reintegration. [2]
Minnesota statute 609.1056 [3] represent a significant shift in how the justice system handles veterans suffering from conditions like Post Traumatic Stress Disorder, Traumatic Brain Injury (TBI), or military Sexual Trauma. It is referred to as the landmark legislation that is the product of cooperative work by prosecutors, judges, defence attorneys, social workers, and State and Federal Departments of Veterans Affairs. It was also contended that the very act intended to serve as a national model for other states seeking to restore justice-involved veterans to the community of law-abiding citizens.
Minnesota was the first state in America to adopt a comprehensive, statewide approach to Restorative justice for veterans in which had the aim of embodying the best of Minnesota values such as service, fairness and care for the neighbours. The very Act allows courts to defer prosecution for military veterans who commit certain offenses due to service-connected conditions. Instead of incarceration, eligible veterans are placed on probation with conditions like treatment and rehabilitation; successful completion results in the charges being dismissed with no conviction. [4]
There are requirements [5] that allows veterans to qualify for (VRJA); whereby the court is responsible to find clear and convincing evidence that the veteran meets following criteria’s;
- Military Status: It is the requirement that in order one to qualify must be a current or former member of the United States Military. [6]
- Applicable condition: One must suffer from a service-connected condition such as post-traumatic stress disorder (PTSD), traumatic brain injury, substance abuse, or another mental health condition. [7]
- Connection to Offense: it is the requirement that the evidence must be clear and convincing which is stemmed from military service caused or contributed to the commission of the crime. [8]
- Eligible Offense: The offense must be a misdemeanor, gross misdemeanor, or a felony ranked at severity level 7 or lower out of 10 on the Minnesota Sentencing Guidelines grid and most offenses requiring predatory offender registration, whereby the court must find the offense was committed as a result of the service-related condition. [9]
It is therefore that within 15 days of the court’s findings, either party may file a challenge and demand a hearing on the defendant eligibility for deferred prosecution. [10]
The Minnesota Veterans Restoration Justice Act (VRJA) establishes a two-phase process focused on deferred prosecution as portrayed herein below;
- The first phase is, Deferred prosecution and Probation; whereby on this phase if the judge finds the defendant eligible, they do not enter a judgement of guilt. Instead, the court imposes a deferred sentence and places the veteran on probation upon such reasonable conditions and for the period not to exceed a maximum period provided by law. A court may extend a defendant’s term of probation pursuant to section 609.135, subdivision 2, paragraphs (g) and (h) [11]. The reasonable conditions ordered by the court must include treatment, services rehabilitation, and education sufficient so that if completed the defendant would be eligible for discharge and dismissal. If the court determines that a defendant suffers from a substance use disorder, the court shall order a Rule 25 [12] and order the defendant to follow the recommendations contained in the assessment. It is also that if the court determines that a defendant suffers from posttraumatic stress disorder, sexual trauma, traumatic brain injury, or other mental health conditions, the court shall order a mental health assessment conducted by a licensed mental health professional and follow the recommendations contained in the examiner’s report. It is also provided that if the condition of probation is violated the court may enter an adjudication of guilt and proceed as otherwise provided in law. It is therefore that the veteran must demonstrate to the court that the conditions of probation have been met, that the veteran has benefited from the treatment and services provided and is no longer a danger to the community. [13]
Upon the imposition of deferred prosecution, the court shall prepare a deferred sentence report containing the following information: [14]
- The name of the defendant;
- The case number;
- The underlying charge or charges;
- The fact that proceedings have been deferred pursuant to this section;
- The length of the term of probation ordered by the court;
- The condition of probation; and
- The copy of sentencing worksheet prepared pursuant to section 609.115 [15] if a worksheet is prepared.
- Discharge and Dismissal; whereby at the end of the probation period, the court holds a hearing, if the veteran has successfully completed treatment the veteran is in compliance with conditions and does not pose a danger therefore the court will vacate the guilty plea or dismiss the charges, meaning they are not left with permanent criminal conviction in their record [16]. In the case of State V.Bernard Wayne Quist [17], the Veteran Quist an 85year old decorated Air force colonel with PTSD, pleaded guilty to criminal Vehicular Homicide, where it was argued that he was particularly amenable to probation.[18] The court of appeal affirmed the sentence noting that the district court granted a downward departure not under the VRJA, but under general sentencing guidelines. The court stated that “even though the veteran claimed he met the VRJA criteria, he suffered ‘no resulting prejudice” because he still received the probation he asked for. It is therefore that under this phase the hearing shall be scheduled so that the parties can have adequate time to prepare and present arguments regarding the issue of dismissal. The parties are supposed to submit written arguments to the court prior to the date of hearing and may make oral arguments before the court at the hearing.
It is also the requirement for the defendant to be present at the hearing unless excused under the rules. [19] The court is also required to provide notice under any identifiable victim of the offense at least 15 days before the hearing is held.
The court shall dismiss proceedings against the defendant if the court finds by clear and convincing evidence that the defendant; is in compliance with the condition of probation, has completed court ordered treatment and services to address the applicable conditions caused by military service, does not represent a danger to the health or safety victims or others; and has demonstrated significant benefit from court ordered education, treatment or rehabilitation to clearly show that the discharge and dismissal is in the interest of justice. [20]
In the case of State of Minnesota vs William Robert Jr. [21] Where the defendant was arrested on suspicion of driving while impaired and taken to the police station and asked to take a chemical breath test of which he refused. It was the holding of the Minnesota Supreme Court that, the government can criminalize the refusal of a breath test administered immediately after a lawful arrest falls within a well recognised exception to the Fourth Amendment’s warrant requirement (known as search incident to a lawful arrest).
In a nutshell the Minnesota Veterans Restorative Justice Act is of the great impact since it is a landmark state law that allows eligible military veterans to avoid incarceration and clear their criminal records by completing specialised treatment for service-related conditions.
© Kotten Law Firm 2026, Authors Nitoya Joram and Glen Kotten
[1] https://www.house.mn.gov
[2] Ibid.
[3] Mn.gov//Minnesota’s State Portal
[4] https://www.mnsenaterepublicans.com
[5] Minnesota Statutes, Cap, 609.1056.
[6] http://ramsayresults.com
[7] https://www.house.mn.gov
[8] http://csgmidwest.org
[9] Ibid
[10]Minnesota Statutes, Section 609. 1056.
[11] Ibid.
[12] Under Minnesota Rules, part 9530.6615.
[13] https://veteransdefenseproject.org.
[14] Ibid.
[15] Ibid, Minnesota Statutes.
[16] Ibid.
[17]Minnesota Court of Appeal, Criminal vehicular homicide, 20 June 2023.
[18] Minnesota Statutes. Section 609.1056, sub.4(The VRJA Section serious felonies).
[19] Minnesota Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3)
[20] https://www.revisor.mn.gov
[21] 859 N.W.2d 762 (Minn.2015)