BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF _________:  

CHAPTER 1. VETERANS TREATMENT COURTS.   

Section 1. Legislative Intent.  

It is the intent of the Legislature to encourage and support the judicial circuits of the state and other agencies, local governments, interested public and private entities, and individuals to create and maintain a veterans treatment court program in each judicial circuit. The purpose of a veterans treatment court program is to address the underlying causes of a veteran’s involvement with the judicial system through the use of specialized dockets, multidisciplinary teams, and evidence-based treatment. A veterans treatment court program shall use nonadversarial approaches to resolve such underlying causes. Veterans treatment court programs depend on the leadership of attorneys and judges or magistrates who are educated in the issues and science of veterans’ behaviors leading to court involvement and require a rigorous team effort to detect, discern, and assist veterans in correcting the behaviors and choices that lead to the veterans’ court involvement. This chapter creates a detailed statewide standard for the creation, operation, and procedures for veterans treatment court programs. 

Section 2. Definitions.    

For purposes of this section, the term:  

1. “Defendant” means a veteran or servicemember who has been charged with or convicted of a criminal offense.  
2. “Military sexual trauma” means psychological trauma that results from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while a servicemember or veteran was serving on active duty, active duty for training, or inactive duty training.  
3. “Servicemember” means:  
   • (a) A member of the active or reserve components of the United States Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard;  
   • (b) A member of the National Guard;  
   • (c) A current or former contractor for the United States Department of Defense; or  
   • (d) A current or former military member of a foreign allied country.  
4. “Veteran” means a person who has served in the military.  
5. “Veterans treatment court program” means a specialized docket administered by a court for veterans and servicemembers as set forth in this section.  

Section 3. Authorization.   

1. A court with jurisdiction over criminal cases may create and administer a veterans treatment court program.  
2. A veterans treatment court program may adjudicate misdemeanors and felonies.  
3. The chief judge may issue administrative orders concerning the veterans treatment court program.  
4. The chief judge and state attorney of the judicial circuit that creates and administers a veterans treatment court program have the exclusive authority to determine whether veterans who have been dishonorably discharged may participate in the veterans treatment court program within the circuit.  

Section 4. Admission.   

A defendant who meets the eligibility requirements provided in section 8 may be admitted to a veterans treatment court program at any stage of a criminal proceeding.   

Section 5. Record of Policies and Procedures.   

1. Each veterans treatment court program shall seek input from the state attorney and other interested persons in developing and adopting policies and procedures to implement sections 6 and 7.  
2. A veterans treatment court program shall create a record of the policies and procedures adopted to implement sections 6 and 7.  

Section 6. Key Components of a Veterans Treatment Court Program.   

1. A veterans treatment court program shall adopt policies and procedures to implement the following key components, including:  
   • (a) Integrating substance abuse and mental health treatment services, and any other related treatment and rehabilitation services with justice system case processing.  
   • (b) Using a nonadversarial approach in which the state attorney and defense counsel promote public safety while protecting the due process rights of the defendant.  
   • (c) Providing for early identification of eligible defendants.  
   • (d) Monitoring defendants for abstinence from alcohol and drugs by frequent testing.  
   • (e) Providing ongoing judicial interaction with each defendant.  
   • (f) Monitoring and evaluating the achievement of each defendant’s program goals.  
   • (g) Forging partnerships among the veterans treatment court programs, the United States Department of Veterans Affairs, the [State Department of Veterans Affairs], public agencies, and community-based organizations to generate local support and enhance the effectiveness of the veterans treatment court program.  
2. In adopting policies and procedures under this section, the court shall consult nationally recognized best practices related to the key components of veterans treatment court programs.  

Section 7. Supplemental Policies and Procedures of Veterans Treatment Court Programs.   

A veterans treatment court program may adopt supplemental policies and procedures to:  

1. Refer a defendant with a medical need to an appropriate health care provider or refer a defendant for appropriate assistance, including assistance with housing, employment, nutrition, mentoring, education, and driver license reinstatement.  
2. Otherwise encourage participation in the veterans treatment court program.  

Section 8. Eligibility.   

1. A defendant may participate in a veterans treatment court program if he or she is approved by the court, in consultation with the multidisciplinary team, and meets the following criteria:  
   • (a) The defendant has a service-related mental health condition, service-related traumatic brain injury, service-related substance use disorder, or service-related psychological problem or has experienced military sexual trauma.  
   • (b) The defendant’s participation in the veterans treatment court program is in the interest of justice and of benefit to the defendant and the community.  
2.  In making the determination under subsection (1)(b), the court, in consultation with the multidisciplinary team, must consider:
   •  (a) The nature and circumstances of the offense charged.  
   • (b) The special characteristics or circumstances of the defendant and any victim or alleged victim, including any recommendation of the victim or alleged victim.  
   • (c) The defendant’s criminal history and whether the defendant previously participated in a veterans treatment court program or similar program.  
   • (d) Whether the defendant’s needs exceed the treatment resources available to the veterans treatment court program.  
   • (e) The impact on the community of the defendant’s participation and treatment in the veterans treatment court program.  
   • (f) Recommendations of any law enforcement agency involved in investigating or arresting the defendant, and any recommendation of the state attorney.  
   • (g) If the defendant owes restitution, the likelihood of payment during the defendant’s participation in the veterans treatment court program.  
   • (h) Any mitigating circumstances.  
   • (i) Any other circumstances reasonably related to the defendant’s case.  

Section 9. Liberal Construction.  

The provisions of this section shall be liberally construed.  

Section 10. No Right to Participate.   

This section does not create a right of a veteran or servicemember to participate in a veterans treatment court program.  

Section 11. Military Veterans and Servicemembers Court Programs in Operation on or Before [Enactment Date].   

A Military Veterans and Servicemembers Court Program in operation under this chapter on or before [Enactment Date] may continue to operate but must comply with the amendments made by this act to sections 1 – 10. This act does not affect or alter the rights or responsibilities of any person who, on or before [Enactment Date], was admitted to and participating in a Military Veterans and Servicemembers Court Program established under this section.  

Section 12. Public Records Exemption.   

1. Information relating to a participant or a person considered for participation in a veterans treatment court program contained in the following records is confidential and exempt from [Public Records Statute]:  
   • (a) Records created or compiled during screenings for participation in the program.  
   • (b) Records created or compiled during substance abuse screenings.  
   • (c) Behavioral health evaluations.  
   • (d) Subsequent treatment status reports.  
2. Such confidential and exempt information may be disclosed:  
   • (a) Pursuant to a written request of the participant or person considered for participation or his or her legal representative.  
   • (b) To another governmental entity in the furtherance of its responsibilities associated with the screening of a person considered for participation in or the provision of treatment to a person in a veterans treatment court program.  
3. If such confidential and exempt information is a substance abuse record of a service provider that pertains to the identity, diagnosis, or prognosis of or provision of services to a person, such information may be disclosed pursuant to [Substance Abuse Services Statute].  
4. If such confidential and exempt information is a record of a service provider that pertains to mental health, such information may be disclosed pursuant to [Clinical Records Statute].  
5. The public records exemption in this subsection applies to the information collected before, on, or after the effective date of this exemption.  

CHAPTER 2. PROBATION AND COMMUNITY CONTROL.   

1. Notwithstanding [Probation and Community Control Statute] and effective for offenses committed on or after [Enactment Date], the sentencing court may place the defendant into a postadjudicatory veterans treatment court program if the offense is a nonviolent felony, the defendant is a servicemember or veteran as defined in chapter 1, section 2, and the defendant is otherwise qualified to participate in a veterans treatment court program under chapter 1, section 8. Satisfactory completion of the program must be a condition of the defendant’s probation or community control. As used in this subsection, the term “nonviolent felony” means a third degree felony violation under [Relevant Statute] or any other felony offense that is not a forcible felony as defined in [Relevant Statute].   
2. The defendant must be fully advised of the purpose of the veterans treatment court program, and the defendant must agree to enter the program. The original sentencing court shall relinquish jurisdiction of the defendant’s case to the postadjudicatory veterans treatment court program until the defendant is no longer active in the program, the case is returned to the sentencing court due to the defendant’s termination from the program for failure to comply with the terms of the program, or the defendant’s sentence is completed.   
3. A defendant sentenced to a postadjudicatory veterans treatment court program and who, while a veterans treatment court program participant, is the subject of a violation of probation or community control under [Probation and Community Control Statute] shall have the violation of probation or community control heard by the judge presiding over the postadjudicatory veterans treatment court program. The judge shall dispose of any such violation, after a hearing on or admission of the violation, as he or she deems appropriate if the resulting sentence or conditions are lawful.  

CHAPTER 3. PRETRIAL INTERVENTION PROGRAM.  

1. A person who is charged with a felony, other than a felony listed in [Relevant Egregious Crime Statute], and who is identified as a veteran or a servicemember, as defined in chapter 1, section 2(3) or (4) respectively, and is otherwise qualified to participate in a veterans treatment court program under chapter 1 is eligible for admission into a veterans treatment court program pursuant to the requirements of chapter 1, section 4 and 8.  
2. While enrolled in a pretrial intervention program authorized by this chapter, the participant shall be subject to a coordinated strategy developed by a veterans’ treatment intervention team. The coordinated strategy should be modeled after the therapeutic jurisprudence principles and key components in [Relevant Statute], with treatment specific to the needs of servicemembers and veterans. The coordinated strategy may include a protocol of sanctions that may be imposed upon the participant for noncompliance with program rules. The protocol of sanctions may include, but need not be limited to, placement in a treatment program offered by a licensed service provider or in a jail-based treatment program or serving a period of incarceration within the time limits established for contempt of court. The coordinated strategy must be provided in writing to the participant before the participant agrees to enter into a pretrial veterans’ treatment intervention program or other pretrial intervention program. Any person whose charges are dismissed after successful completion of the pretrial veterans’ treatment intervention program, if otherwise eligible, may have his or her arrest record of the dismissed charges expunged under [Court-Ordered Expunction of Criminal History Records Statute].  
3. At the end of the pretrial intervention period, the court shall consider the recommendation of the program administrator and the recommendation of the state attorney as to disposition of the pending charges. The court shall determine, by written finding, whether the defendant has successfully completed the pretrial intervention program. If the court finds that the defendant has not successfully completed the pretrial intervention program, the court may order the person to continue in education and treatment, which may include treatment programs offered by licensed service providers or jail-based treatment programs, or order that the charges revert to normal channels for prosecution. The court shall dismiss the charges upon a finding that the defendant has successfully completed the pretrial intervention program.  

CHAPTER 4. MISDEMEANOR PRETRIAL PROGRAMS.   

1.  
   • (a) A veteran or a servicemember, as defined in chapter 1, section 2(3) or (4) respectively, who is otherwise qualified to participate in a veterans treatment court program under chapter 1, and is charged with a misdemeanor is eligible for admission into a misdemeanor veterans treatment court program, for a period based on the program’s requirements and the treatment plan for the offender, pursuant to the requirements of chapter 1, sections 4 and 8.  
   • (b) While enrolled in a pretrial intervention program authorized by this section, the participant shall be subject to a coordinated strategy developed by a veterans’ treatment intervention team. The coordinated strategy should be modeled after the therapeutic jurisprudence principles and key components in [Relevant Statute], with treatment specific to the needs of veterans and servicemembers. The coordinated strategy may include a protocol of sanctions that may be imposed upon the participant for noncompliance with program rules. The protocol of sanctions may include, but need not be limited to, placement in a treatment program offered by a licensed service provider or in a jail-based treatment program or serving a period of incarceration within the time limits established for contempt of court. The coordinated strategy must be provided in writing to the participant before the participant agrees to enter into a misdemeanor pretrial veterans’ treatment intervention program or other pretrial intervention program. Any person whose charges are dismissed after successful completion of the misdemeanor pretrial veterans’ treatment intervention program, if otherwise eligible, may have his or her arrest record of the dismissed charges expunged under [Court-Ordered Expunction of Criminal History Records Statute].  
2. At the end of the pretrial intervention period, the court shall consider the recommendation of the program administrator and the recommendation of the state attorney as to disposition of the pending charges. The court shall determine, by written finding, whether the defendant successfully completed the pretrial intervention program. Notwithstanding the coordinated strategy developed by the veterans’ treatment intervention team, if the court finds that the defendant has not successfully completed the pretrial intervention program, the court may order the person to continue in education and treatment or return the charges to the criminal docket for prosecution. The court shall dismiss the charges upon finding that the defendant has successfully completed the pretrial intervention program.  

CHAPTER 5. CONDITION OF PROBATION OR COMMUNITY CONTROL.  

1. Effective for a probationer or community controllee whose crime is committed on or after [Enactment Date], who is a veteran or a servicemember as defined in chapter 1, section 2(3) or (4) respectively, and who is otherwise qualified to participate in a veterans treatment court program under chapter 1, the court may, in addition to any other conditions imposed, impose a condition requiring the probationer or community controllee to participate in a treatment program capable of treating the probationer or community controllee’s service-related mental illness, service-related traumatic brain injury, service-related substance abuse disorder, service-related psychological problem, or military sexual trauma as defined in chapter 1, section 2(2).  
2. The court shall give preference to treatment programs for which the probationer or community controllee is eligible through the United States Department of Veterans Affairs or the [State Department of Veterans Affairs]. The Department of Corrections is not required to spend state funds to implement this section.