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

Section 1. Purpose.

1. To codify the definition of a military veteran for the purposes of identification in the criminal justice system.  
2. To accurately identify and track veterans in the criminal justice system, which includes interactions with law enforcement, arrest, pretrial, community supervision, and incarceration.
3. To ensure entities across the criminal justice system continuum, including initial law enforcement interaction, arrest, pretrial, community supervision, and incarceration, are equipped with tools to facilitate the identification of veterans as a target population.
4. To ensure veterans in the criminal justice system are made aware of and connected with federal, state, and local resources, programs, and benefits, especially therapeutic interventions to treat conditions from military service.
5. To ensure veterans in the criminal justice system are given the opportunity to apply for and/or participate in available diversion programs and veteran sentencing alternatives, including treatment court and statutory veterans sentencing options.

Section 2. Definitions. 

As used in this act, the words defined in this section have the meaning given. 

1. “Veteran” refers to a person who swore an oath and entered any branch of the Armed Forces, including the National Guard or Reserve, and is either, (1) currently serving in such branch and has not been discharged, or (2) was discharged or released from such service under any characterization.
2. “Veterans Reentry Search Service” (VRSS) refers to the secure website/database of the United States Department of Veterans Affairs that enables correctional and other criminal justice system entities to identify inmates or defendants who have served in the United States military.
3. “Status Query and Response Exchange System” (SQUARES) refers to a web application of the United States Department of Veterans Affairs that provides VA employees and external organizations, including homeless service community partners, law enforcement partners, and local, state, and federal agencies, with reliable, detailed information about veteran eligibility. Users submit identity attributes for individuals, and SQUARES returns information regarding the veteran’s status, eligibility for healthcare, and United States Department of Veterans Affairs programs.
   • (a)  “Law Enforcement Partners” includes police departments, sheriff departments, courts, and jails.  
   • (b)  “Identity Attributes for Individuals” includes name, date of birth, Social Security Number, and gender.  
4. “Diversion Programs” refers to any diversion program that includes available accountability courts.
   • (a)  “Accountability Courts” include Veterans Treatment Courts, Drug Courts, Mental Health Courts, and Family Courts.    
5. “Veteran Sentencing Option” refers to a statutory provision where the disposition or adjudication of the case is postponed pending the completion of a therapeutic case plan administered by the judge and existing community supervision. 
6. “Community Supervision” refers to probation and parole. 

Section 3. Community Supervision Applicability. 

1. Within twenty-one (21) days of the community supervision sentence or start date, the administrator, or designee, of the state community supervision department, or the county veterans service officer in which the person resides shall: 
   • (a)  Investigate and verify the veteran status of all supervisees transferred to the community supervision department using the Veterans Reentry Search Service or a similar service.
     1. If the administrator of the state or local community supervision department designates the county veterans service officer to verify the veteran status of the person under subdivision (1) of this section, the administrator shall provide the information necessary for the county veterans service officer to conduct the verification. 
   • (b)  Use the veteran status data to assist supervisees who are veterans in applying for federal benefits or compensation for which the supervisees may be eligible under a program administered by the United States Department of Veterans Affairs, including mailing any related paperwork, applications, or other correspondence on behalf of and at no charge to the supervisee.
   • (c)  Submit a weekly report identifying each supervisee whose veteran status was verified under Paragraph (a) during the previous week to the [State Department of Veterans Services] and, as applicable, the county veterans service officer for the county where the community supervision is occurring.  

Section 4. Correctional Facilities Administration.

1. Within fourteen (14) days of the initial incarceration of a person, the administrator of the local correctional facility with custody of the person, the designee of the administrator of the local correctional facility with custody of the person, or the county veterans service officer of the county in which the person is in custody shall: 
   • (a)  Investigate and verify the veteran status of all individuals processed into the facility the person by using best available federal data from the Veterans Reentry Search Service operated by the United States Department of Veterans Affairs or a similar service. 
     1. If the administrator of the local correctional facility with custody of the person designates the county veterans service officer to verify the veteran status of the person under subdivision (1) of this section, the administrator shall provide the information necessary for the county veterans service officer to conduct the verification. 
   • (b)  Use the veteran status data to assist inmates who are veterans in applying for federal benefits or compensation for which the inmates may be eligible under a program administered by the United States Department of Veterans Affairs, including mailing any related paperwork, application, or other correspondence on behalf of and at no charge to the inmate.
   • (c)  Submit a weekly report identifying each prisoner whose veteran status was verified under Paragraph (a) during the previous week to the [State Department of Veterans Services] and, as applicable, the county veterans service officer for the county and each court in which charges against a prisoner identified in the report are pending.
   • (d)  Allow for an arrestee whose veteran status has been verified under Paragraph (a) to have in-person or video visitation with the county veterans service officer or a peer service coordinator at no cost to the prisoner. 
2. 2.  The administrator of a local correctional facility with custody of a person identified as a veteran, the designee of the administrator of the local correctional facility with custody of the person identified as a veteran, or the county veterans service officer of the county in which the person identified as a veteran is in custody shall by mail, email, or fax send written notice of the person’s incarceration to the United States Department of Veterans Affairs within sixty-one  (61) days of the person’s initial incarceration if:
   • (a)  The person is still in custody; and
   • (b)  The veteran was charged with a felony offense.  
3. 3.  Upon the release from custody of a person identified as a veteran who has been incarcerated for more than sixty (60) days, the administrator of the local correctional facility from which the person was released, the designee of the administrator of the local correctional facility from which the person was released, or the county veterans service officer of the county in which the person was in custody shall by mail, email, or fax send written notice of the person’s release from custody to the United States Department of Veterans Affairs.
4. 4. The administrator of a local correctional facility shall provide reasonable access to the United States Department of Veterans Affairs and the [State Department of Veterans Services] to assist an inmate who is a veteran in applying for:
   • (a)  Federal or state benefits, compensation, or treatment for which the inmate may be eligible.
   • (b)  Treatment through a veterans treatment specialty court program or other accountability court program authorized by the [State Supreme Court] or equivalent office.
   • (c)  Diversion Programs other than treatment or specialty treatment courts or dockets.
   • (d)  A Veterans Sentencing Option. 
5. The administrator of a local correctional facility shall make available upon request the results of his or her verification under subdivision (1) of this section to court personnel or judge, prosecuting attorney, a managing public defender, private defense attorney, or a coordinator of a specialty court program authorized by the [State Supreme Court] or equivalent office. 

Section 5. Law Enforcement Applicability  

1. Within twenty-four (24) hours of arrest and booking of a person, the administrator of the local law enforcement department, the designee of the administrator of the local law enforcement department, or the county veterans service officer of the county in which the person was arrested shall: 
   • (a)  Investigate and verify the veteran status of all individuals arrested and booked by using best available federal data from the Status Query and Response Exchange System (SQUARES) operated by the United States Department of Veterans Affairs or a similar service. 
     1.  If the administrator of the local law enforcement department designates the county veterans service officer to verify the veteran status of the person under subdivision (1) of this section, the administrator shall provide the information necessary for the county veterans service officer to conduct the verification. 
   • (b)  Use the veteran status data to assist arrestees who are identified as veterans in making contact with the Veterans Justice Program administered by the United States Department of Veterans Affairs, and, in particular, the Veterans Justice Outreach Specialists assigned to the region.  
   • (c)  Submit a weekly report identifying each arrestee whose veteran status was verified under Paragraph (a) during the previous week to the [State Department of Veterans Services] and, as applicable, the county veterans service officer for the county and each court in which charges against an arrestee identified in the report are pending.
   • (d)  Allow for an arrestee whose veteran status has been verified under Paragraph (a) to have in-person or video visitation with representatives from the Veterans Justice Program administered by the United States Department of Veterans Affairs, and, in particular, the Veterans Justice Outreach Specialists assigned to the region and the county veterans service officer or a peer service coordinator at no cost to the prisoner. 

2. The administrator of a local law enforcement department shall provide reasonable access to the United States Department of Veterans Affairs and the [State Department of Veterans Services] to assist an inmate who is a veteran in applying for:
   • (a)  Federal or state benefits, compensation, or treatment for which the inmate may be eligible.
   • (b)  Treatment through a veterans treatment specialty court program or other accountability court program authorized by the [State Supreme Court] or equivalent office.
   • (c)  Diversion Programs other than treatment or specialty treatment courts or dockets.
   • (d)  A Veterans Sentencing Option.