29-4804. Veteran justice program; elements; discretionary matters; notice to victim.

417 words·~2 min read·/ne/chapter-29/29-4804

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

(1)A veteran justice program shall include the following elements:

(a)Evidence-based treatment tailored to address the specific challenges facing veterans, such as post-traumatic stress disorder, traumatic brain injury, military sexual trauma, or another condition from military service; and

(b)A case plan that meets the requirements set forth in this section. The case plan shall be:

(i)Developed by the court with probation and appropriate experts;

(ii)Based on a professional assessment of the veteran's specific risks and needs. The assessment shall include an assessment of risk of intimate partner violence, regardless of the nature of the offense;

(iii)Created in conjunction with input from the veteran;

(iv)Designed to contain clear and individualized supervision and treatment goals, including guidelines that detail the program rules, consequences for violating the rules, and incentives for compliance; and

(v)Communicated to the veteran at the start of the program.

(2)If the offense includes sexual contact or sexual penetration, the victim of the offense is an intimate partner, or the assessment of the veteran under subdivision (1)(b)(ii) of this section identifies an increased risk of intimate partner violence, the case plan shall include specifically tailored treatment or programming to address sexual assaults and domestic violence. For any veteran required to participate in such treatment or programming, the court shall include conditions of supervision to protect victim safety that include, but are not limited to, requiring the surrender of firearms while participating in the veteran justice program.

(3)In the implementation of a veteran justice program, the district court or county court shall retain discretion in:

(a)Determining eligibility for participation, subject to sections 29-4802 and 29-4803 ;

(b)Establishing the conditions of the program, including the creation of the case plan;

(c)Setting the terms of successful program completion and release upon that successful completion; and

(d)Determining if the veteran has successfully completed the program at a final hearing.

(4)A victim of the offense shall be entitled to notice of the veteran's participation in the veteran justice program. Upon request of the victim, a victim shall be entitled to updates on the veteran's status and participation in the program. The victim shall be entitled to advance reasonable notice of a final hearing to determine successful program completion and the opportunity to be heard or submit a written statement at such hearing.

(5)Upon successful completion of a veteran justice program, the veteran shall be entitled to the relief provided for a deferred judgment under section 29-4803 .