Utah Code 78A-5-307. Eligibility

78A-5-307. Eligibility.

(1)

A defendant is eligible to be screened for participation in a veterans treatment court if:

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
Participant agreement: includes a modification under Section 78A-5-310. See Utah Code 78A-5-302
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.
Record: except as otherwise provided in Subsection 78A-5-307(1)(c), means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 78A-5-302
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
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 defendant is a veteran;

(b)	the defendant has a mental-health condition, traumatic brain injury, or substance use disorder;

(c)

the defendant agrees on the court record to voluntarily:

(i)	participate in the veterans treatment court;

(ii)	enter into a plea in abeyance or plea agreement, or participate in a veterans treatment court as a condition of probation; and

(iii)

adhere to a participant agreement; and

(d)	as determined by the court, the defendant’s participation in the veterans treatment court would be in the interest of justice and of benefit to the defendant and the community.

(2)

In making the determination under Subsection (1)(d), a court shall consider:

(a)	the nature and circumstances of the offense charged;

(b)	special characteristics or circumstances of the defendant, including the defendant’s criminogenic risk and need;

(c)	the defendant’s criminal history and whether the defendant previously participated in a veterans treatment court or a similar program;

(d)	whether the defendant’s needs exceed treatment resources available to the veterans treatment court;

(e)	the impact on the community of the defendant’s participation and treatment in the veterans treatment court;

(f)	special characteristics or circumstances of the victim or alleged victim;

(g)	provision for, and the likelihood of obtaining, restitution from the defendant over the course of participation in the veterans treatment court;

(h)	the recommendation of the prosecutor regarding whether the defendant should participate in a veterans treatment court;

(i)	mitigating circumstances; and

(j)	other circumstances reasonably related to the defendant, the defendant’s case, and available resources.

(3)	Section 77-37-3 applies when making the determination under Subsections (1) and (2).

Enacted by Chapter 62, 2020 General Session