29-4802. Veteran justice program; eligibility; confidential information.

308 words·~1 min read·/ne/chapter-29/29-4802

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Except as provided in subsection

(2)of this section, a defendant is eligible to participate in a veteran justice program if the defendant is a veteran and can show by clear and convincing evidence that a condition from military service contributed to the offense.

(2)A veteran is not eligible for participation in a veteran justice program if:

(a)The veteran is charged with:

(i)An offense that is not eligible for probation;

(ii)An offense that is listed in subdivision (1)(a)(i) of section 29-4003 ;

(iii)A violation of section 60-6,196 or 60-6,197 , or a city or village ordinance enacted in conformance with section 60-6,196 or 60-6,197 , following two or more previous convictions for a violation of any such section or ordinance; or

(iv)An offense that resulted in the death of another person; or

(b)Deferring the entry of judgment would be prohibited under section 60-4,147.01 .

(3)Any document or materials received by the court pursuant to sections 29-4802 to 29-4804 that contain military or medical records, reports, or evaluations shall be privileged and shall not be disclosed directly or indirectly to anyone other than a judge; attorneys to parties in the case; probation officers to whom a defendant's file is duly transferred; the probation administrator or his or her designee; alcohol and drug counselors, mental health practitioners, psychiatrists, and psychologists licensed or certified under the Uniform Credentialing Act to conduct substance abuse evaluations and treatment; or others entitled by law to receive such information, including personnel affiliated with the veteran justice program.

(4)Upon a court determination of eligibility for participation in a veteran justice program, the court shall provide notice to any victim or alleged victim of the offense committed by the veteran of such determination and the right of the veteran to request participation in a veteran justice program.