The husband eventually is convicted of driving while under the influence following a jury trial. It turns out to be his third conviction. A judge orders that a presentence investigation report be prepared.
In the course of the investigation, the probation officer discovers that the husband had served in the U.S. military in Somalia. His military records indicate that while there, his duties involved collecting the dead and the injured to be taken to the hospital. In the course of this assignment, he was captured by enemy soldiers and placed into a black metal box the size of a coffin where he remained for the better part of 6 weeks.
Medical and psychiatric records confirm that the husband suffers from post-traumatic stress disorder and has regressed to the level of a 10-year-old because of his imprisonment in Somalia. In the opinion of his treating psychiatrists, any prolonged confinement, even for a few hours, could cause even further regression and could trigger explosive outbursts and traumatic flashbacks.
Although the sentencing range for this offense could fall anywhere between zero to 365 days in jail, the standard sentence for a third time offense usually begins at a minimum of 90 days in custody. His prior convictions occurred before his military service in Somalia and he served a total of 60 days custody on those, without incident.
What should the probation officer recommend?