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HB21-1016

Transfer Jurisdiction To Veteran's Speciality Court

Concerning the authority to transfer jurisdiction of a veteran defendant's case to a jurisdiction with a veteran's speciality court.
Session:
2021 Regular Session
Subjects:
Courts & Judicial
Military & Veterans
Bill Summary

Under current law, a court must inquire at the defendant's first appearance whether the defendant is a veteran. If the jurisdiction does not have a veterans speciality treatment court, the bill requires the court to inform a veteran defendant of the possibility of petitioning to transfer the case to a jurisdiction with a veterans speciality treatment court.The bill allows a veteran defendant to petition to transfer the case to a jurisdiction with a veteran's speciality court if the jurisdiction does not have a veteran's speciality court. The bill allows a veteran defendant who is suffering from a diagnosable mental health condition that is related to the veteran's military service to petition the court to transfer the supervision of any post disposition of the case to a jurisdiction with a veterans treatment court if the jurisdiction of trial does not have a veterans treatment court and the district attorney and any victim in a victim's rights case consent to the petition. The petition must include the jurisdiction that the defendant is seeking to have the case transferred to and a description of the services or supports the defendant is seeking to access from the veterans speciality treatment court in that jurisdiction. After receiving a petition, the court must consult with the chief judge of the jurisdiction with judge administering the veterans speciality treatment court and administrator of that court, if any the district attorney of the hosting jurisdiction . The court shall may grant the petition to transfer the case if the veteran's speciality court in that jurisdiction has the capacity to provide services and supports to the defendant the supervision of probation in the case if the veterans treatment court and the district attorney in the hosting jurisdiction consent to the transfer and that jurisdiction has the current ability to provide the resources and support necessary to responsibly accept the transfer . If the host jurisdiction files a motion for revocation of the veterans treatment court program probation, the host jurisdiction shall conduct the revocation hearing. If probation is revoked, the host jurisdiction shall refer the matter to the original jurisdiction for resentencing .

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed
Became Law

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Bill Text