78A-5-307. Eligibility.
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/ut/title-78a/chapter-5/78a-5-307·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/12/2020
78A-5-307. Eligibility.
(1)A defendant is eligible to be screened for participation in a veterans treatment court if:
(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