Ethical Issue Three: Corrections

The husband is eventually convicted following a jury trial of driving while under the
influence. 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 as a result 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?