29-4805. Veteran status; considerations in sentencing.

287 words·~1 min read·/ne/chapter-29/29-4805

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

(1)When arraigning any defendant, the court shall offer the defendant the ability to communicate his or her veteran status through counsel or by other means. The court shall not require that the defendant self-identify as a veteran in open court.

(2)When sentencing a defendant who is a veteran for any offense, the court shall recognize the defendant's veteran status as a mitigating factor in determining the sentence.

(3)The court shall consider a defendant's veteran status as a mitigating factor in addition to any other mitigating factors provided by law or considered by the court. The fact that a defendant may have suffered trauma unrelated to military service or veteran status shall not be used to deny the impact of any military trauma or condition of military service.

(4)The court may take into consideration individual merit earned during military service, overseas deployment, exposure to danger, and service-connected disability ratings when considering sentencing mitigation. When considering multiple factors, a court should give additional credit for each factor.

(5)If a defendant is a veteran, is eligible for probation, and demonstrates by clear and convincing evidence a connection between the offense and a condition from military service, a sentence of imprisonment is not appropriate unless the court finds, based on the criteria in subsections

(2)and

(3)of section 29-2260 , that imprisonment is necessary for the protection of the public.

(6)The court shall not:

(a)Use veteran status as an aggravating factor; or

(b)Require a connection between the offense and a condition from military service in order to consider veteran status as a mitigating factor.

(7)This section applies regardless of whether a veteran is eligible for participation in a veteran justice program.