78A-5-303. Creation of a veterans treatment court.
| (1) |
The Judicial Council may create a veterans treatment court in any judicial district or geographic region that demonstrates:
Terms Used In Utah Code 78A-5-303- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Veteran: means a former service member who qualifies for health care benefits from the Veterans Administration. See Utah Code 78A-5-302
- 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) |
the need for a veterans treatment court; and |
| (b) |
the existence of a collaborative strategy between the veterans treatment court, prosecutors, defense attorneys, substance abuse treatment services, the Department of Corrections, and the United States Department of Veterans Affairs Veterans Justice Outreach Program to work with veteran offenders. |
|
| (2) |
A veterans treatment court shall:
| (a) |
establish a collaborative strategy that includes monitoring and evaluation components to measure program effectiveness; and |
| (b) |
submit a collaborative strategy, for the purpose of coordinating the disbursement of funding, to the Administrative Office of the Courts. |
|
| (3) |
A veterans treatment court shall include continuous judicial supervision using a cooperative approach with prosecutors, defense attorneys, substance abuse treatment services, the Department of Corrections, and the United States Department of Veterans Affairs Veterans Justice Outreach Program, as appropriate, to promote public safety, protect participants’ due process rights, and integrate veteran treatment programs with the justice system case processing. |
| (4) |
Screening criteria for participation in a veterans treatment court shall include:
| (a) |
a plea in abeyance or plea agreement for a criminal offense, or a requirement for participation in a veterans treatment court as a condition of probation; |
| (b) |
frequent alcohol and other drug testing, if appropriate; |
| (c) |
participation in veteran outreach programs, including substance abuse treatment programs where appropriate; |
| (d) |
sanctions for noncompliance with the requirements for participation in a veterans treatment court; and |
| (e) |
any additional criteria developed by a veterans treatment court. |
|
| (5) |
No later than October 1 each year, the Administrative Office of the Courts shall provide to the Executive Offices and Criminal Justice Appropriations Subcommittee a written report describing:
| (a) |
the types of policies and procedures adopted by veteran treatment courts; |
| (b) |
the number of veteran participants in the previous fiscal year; |
| (c) |
the outcomes for veteran participants in the previous fiscal year; and |
| (d) |
recommendations for future veterans treatment courts, including expansion and funding. |
|
Enacted by Chapter 62, 2020 General Session
