78A-5-303. Creation of a veterans treatment court.

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

Effective 5/7/2025

(1)The Judicial Council may create a veterans treatment court in any judicial district or geographic region that demonstrates:

(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 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.

Amended by Chapter 271 , 2025 General Session