78A-5-305.  Policies and procedures for a veterans treatment court.

(1)  A veterans treatment court shall adopt policies and procedures to:

Terms Used In Utah Code 78A-5-305

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defendant: means a veteran charged with a criminal offense. See Utah Code 78A-5-302
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Veterans treatment court: means a veterans treatment court program administered under this part by a court of this state. See Utah Code 78A-5-302
(a)  integrate alcohol-treatment, drug-treatment, and mental-health services with the defendant‘s criminal case;

(b)  use a nonadversarial approach in which prosecutors and defense attorneys promote public safety while protecting due-process rights of defendants;

(c)  exercise early identification of eligible defendants;

(d)  provide access to a continuum of alcohol-treatment, drug-treatment, mental-health treatment, and other related treatment and rehabilitation services;

(e)  monitor defendants for abstinence from alcohol and drugs by frequent testing;

(f)  direct a coordinated strategy that responds to each defendant‘s needs;

(g)  provide ongoing judicial interaction with each defendant;

(h)  monitor and evaluate the achievement of goals;

(i)  continue interdisciplinary education to promote effective veterans treatment court planning, implementation, and operations; and

(j)  forge partnerships between the veterans treatment court and the United States Department of Veterans Affairs Veterans Justice Outreach Program, the Department of Veterans and Military Affairs, public agencies, and community-based organizations to generate local support and enhance the effectiveness of the veterans treatment court.

(2)  In adopting policies and procedures under this section, the court shall consider nationally recognized best practices to implement the policies and procedures described in Subsection (1) and comply with certification standards for problem-solving courts adopted by the Judicial Council.

Enacted by Chapter 62, 2020 General Session