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, deflection initiatives (prior to filing charges), 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 such as diversion programs (post filing of charges), accountability courts, and veteran sentencing options, designed to address mental health and neurocognitive conditions acquired from military service.

Section 2. Definitions. 

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

1. “Local Deflection Initiative” refers to a community-based coalition of partners with a mission to assist individuals with substance use disorder, mental health disorder, or co-occurring disorders via connection with local behavioral health systems as a result of contact with law enforcement.
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, as well as deflection initiatives working alongside law enforcement.
   • (b)  “Identity Attributes for Individuals” includes name, date of birth, Social Security Number, and gender.  
4. “Diversion Programs” refers to any diversion mechanism that applies after charges are filed including available accountability courts and prosecutor programs.
   • (a)  “Accountability Courts” include Veterans Treatment Courts, and other specialty courts such as, 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. 
7. “Veterans Justice Outreach Specialists” refers to the representatives employed by the United States Department of Veterans Affairs who are tasked with identifying justice-involved Veterans, contacting them through outreach, facilitating access to VA and other services at the earliest possible point, and providing intensive case management. With Veteran consent, VJOs can communicate essentials (attendance, progress, treatment, testing, discharge plan) to courts or probation; function as a treatment court team member; and provide evidence-based treatment for court-monitored Veterans.
8. “Veterans Justice Outreach Program” refers to the office within the United States Department of Veterans Affairs with a mission to identify justice-involved Veterans, contact them through outreach, and facilitate access to VA services at the earliest possible point.

Section 3. Definition of “Veteran” for the Purposes of Criminal Justice System Identification

1. For the purposes of criminal justice system identification, a military “veteran” is defined as a person who:
   • (a) Swore an oath and entered any branch of the Armed Forces, including the National Guard or Reserve; and is either
   • (b) Currently serving in such branch and has not been discharged; or
   • (c) Was discharged or released from such service under any characterization of discharge that was not a dishonorable discharge, unless the individual receiving the dishonorable discharge has been diagnosed with Substance Use Disorder, Military Sexual Trauma, Traumatic Brain Injury, Post-Traumatic Stress Disorder, or a mental health condition.
2. This definition of a veteran does not impact the definition of a veteran for any other purpose and does not create any rights or benefits.

Section 4. Law Enforcement Applicability.

1. Within twenty-four (24) hours of any law enforcement contact, with or without an arrest, the administrator of the local law enforcement department shall:
   • (a)Provide the information necessary for identification using the Status Query and Response Exchange System (SQUARES) to the deflection initiative or designated partner, if applicable, to verify the veteran status of all individuals who have made contact with law enforcement.
     1. If the administrator of the local law enforcement department may coordinate with the local deflection initiative, or alternatively, the county veterans service office, to ensure veteran status is verified.
     2. In the absence of a local deflection initiative or county veteran service office, the administrator of the law enforcement department shall request the Veterans Justice Outreach Specialist to conduct verification of veteran status.
   • (b) In the absence of a designated partner named in (a)(1) or a Veterans Justice Outreach Specialist as in (a)(2), the local law enforcement department shall conduct verification of
     veteran status of all individuals by using the best available federal databases, such as the Status Query and Response Exchange System (SQUARES) and/or the Veterans Reentry Search Service (VRSS)], or a similar service
2. The Deflection initiative or county veterans service office shall submit a weekly report identifying each individual whose veteran status was verified under Paragraph (a) during the previous week to the following offices:
   • (a) [State Department of Veterans Services];
   • (b) The nearest Veterans Justice Outreach Specialist(s);
   • (c) The county veterans service office;
   • (d) The court wherein charges are pending;.
   • (e) The appropriate officers of the court including the judge assigned to the case;
     prosecuting attorney; managing public defender; the veteran-client’s attorney of record; and
   • (f) A coordinator of a specialty court program authorized by the [State Supreme Court] or equivalent office.
3. The administrator of a local law enforcement department shall provide veteran inmates or arrestees reasonable access to the deflection initiative personnel; the [State Department of Veterans Services]; and the United States Department of Veterans Affairs to facilitate application for the following:
   • (a) In the case of a Deflection participant, identification of and referral to available community resources;
   • (b) Federal or state benefits, compensation, or treatment for which they may be eligible;.
   • (c)  Treatment through a veterans treatment specialty court program or other
     accountability court program authorized by the [State Supreme Court] or equivalent office;.
   • (d) Diversion Programs other than accountability courts or specialty dockets;.
   • (e) A Veterans Sentencing Option;.
   • (f) Sentencing mitigation.
4. Notify veteran arrestees and inmates about the Veterans Justice Outreach Specialists assigned to the region.
   • (a) Allow for an arrestee or inmate whose veteran status has been verified to have in person or video visitation with representatives from the Veterans Justice Outreach Program administered by the United States Department of Veterans Affairs, in particular, the Veterans Justice Outreach Specialists assigned to the region; the county veterans service office; or a peer service coordinator at no cost to the inmate.
5. The administrator of a local law enforcement department shall share the results of his or her verification under subdivision (1) of this section with the following individuals:
   • (a) Judge;
   • (b) Prosecuting attorney;
   • (c) Managing public defender;
   • (d) The veteran-client’s attorney of record; and
   • (e) A coordinator of a specialty court program authorized by the [State Supreme Court] or equivalent office.

Section 5. 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 notify veteran supervisees about the Veterans Justice Outreach Specialists assigned to the region.
   • (c) Allow for a supervisee whose veteran status has been verified under Paragraph (a) to have in-person or video visitation with representatives from the Veterans Justice Outreach Program administered by the United States Department of Veterans Affairs, in particular, the Veterans Justice Outreach Specialists assigned to the region; the county veterans service office; or a peer service coordinator at no cost to the inmate.
   • (d)  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.
   • (e)  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 6. Correctional Facilities Administration.

1. Within seven (7) 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 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.

1. • (c)  Submit a weekly report identifying each new inmate 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 and each court in which charges against an inmate identified in the report are pending.
   • (d)  Allow for an inmate 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 inmate. 
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 between sixty-one (61) and ninety (90) days of the person’s initial incarceration if:
   • (a)  The veteran is still in custody; and
   • (b)  The veteran was charged with a felony offense.  
3. 3.  Within seven (7) days of 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 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.
5. The administrator of a local correctional facility shall share the results of his or her verification under subdivision (1) of this section with the following individuals:
   • (a) Judge;
   • (b) Prosecuting attorney;
   • (c) Managing public defender;
   • (d) The veteran-client’s attorney of record; and
   • (e) A coordinator of a specialty court program authorized by the [State Supreme Court] or equivalent office.