House Bill 969

AN ACT TO CREATE THE MISSISSIPPI VETERANS TREATMENT COURT ACT; TO PROVIDE THE PURPOSE OF THE ACT; TO PROVIDE HOW A VETERANS TREATMENT COURT IS ESTABLISHED; TO PROVIDE THE ELIGIBILITY FOR PARTICIPATION IN A VETERANS TREATMENT COURT; TO PROVIDE THE POWERS OF THE ADMINISTRATIVE OFFICE OF THE COURTS REGARDING VETERANS TREATMENT COURTS; TO PROVIDE THE POWERS AND DUTIES OF THE STATE DRUG COURT ADVISORY COMMITTEE REGARDING VETERANS TREATMENT COURTS; TO PROVIDE THE FUNDING OPTIONS FOR THE VETERANS TREATMENT COURTS; TO PROVIDE CERTAIN IMMUNITY TO VETERANS TREATMENT COURT COORDINATORS AND STAFF; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known and may be cited as the "Mississippi Veterans Treatment Court Act."

SECTION 2. The Mississippi Legislature recognizes that our military veterans have provided an invaluable service to our country. In doing so, many may have suffered the effects of, including, but not limited to, post traumatic stress disorder, traumatic brain injury, depression and may also suffer drug and alcohol dependency or addiction and co-occurring mental illness and substance abuse problems. As a result of this, some veterans come into contact with the criminal justice system and are charged with felony offenses. There is a critical need for the justice system to recognize these veterans, provide accountability for their wrongdoing, provide for the safety of the public and provide for the treatment of our veterans. It is the intent of the Mississippi Legislature to create a framework for which specialized veterans treatment courts may be established at the circuit court level and at the discretion of the circuit court judge.

SECTION 3. A circuit court judge may establish a Veterans Court program. The Veterans Treatment Court may, at the discretion of the circuit court judge, be a separate court program or as a component of an existing drug court program. At the discretion of the circuit court judge, the Veterans Treatment Court may be operated in one county within the circuit, and allow veteran participants from all counties within the circuit to participate.

SECTION 4. (1) In order to be eligible to participate in a Veterans Treatment Court program established under this act, the attorney representing the state must consent to the defendant's participation in the program and if the court in which the criminal case is pending finds that the defendant is a veteran of the United States Armed Forces as defined in Title 38 of the United States Code.

(2) Participation in the services of an alcohol and drug intervention component shall only be open to the individuals over whom the court has jurisdiction, except that the court may agree to provide the services for individuals referred from another veterans treatment court. In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.

(3) (a) As a condition of participation in a Veterans Treatment Court, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the Veterans Treatment Court program. A participant may be held liable for costs associated with all chemical tests required under this section. However, a judge may waive any fees for testing.

(b) A laboratory that performs chemical tests under this section shall report the results of the tests to the Veterans Treatment Courts.

(4) A person does not have the right to participate in a Veterans Treatment Court program under this act. The court having jurisdiction over a person for a matter before the court shall have the final determination about whether the person may participate in the Veterans Treatment Court program under this act.

(5) A defendant shall be excluded from participating in a Veterans Treatment Court program if any one of the following applies:

(a) The crime before the court is a crime of violence as set forth in paragraph (c) of this subsection.

(b) The defendant does not demonstrate a willingness to participate in a treatment program.

(c) The defendant has been previously convicted of a felony crime of violence including, but not limited to: first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, armed robbery, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery, stalking, or any offense involving the discharge of a firearm or where occurred serious bodily injury or death to any person.

(6) The court in which the criminal case is pending shall allow an eligible defendant to choose whether to proceed through the Veterans Treatment Court program or otherwise through the justice system.

(7) Proof of matters under this act may be submitted to the court in which the criminal case is pending in any form the court determines as to be appropriate, including military service and medical records, previous determinations of a disability by a veteran's organization or by the United States Department of Veterans Affairs, testimony or affidavits of other veterans or service members, and prior determinations of eligibility for benefits by any state or county veterans office.

SECTION 5. With regard to any Veterans Treatment Court established under this act, the Administrative Office of Courts may do the following:

(a) Ensure that the structure of the intervention component complies with rules adopted under this act and applicable federal regulations.

(b) Revoke the authorization of a program upon a determination that the program does not comply with rules adopted under this act and applicable federal regulations.

(i) Another department, authority or agency of the state;

(ii) Another state;

(iii) The federal government;

(iv) A state-supported or private university; or

(v) A public or private agency, foundation, corporation or individual.

(d) Directly, or by contract, approve and certify any intervention component established under this act.

(e) Require, as a condition of operation, that each veterans court created or funded under this act be certified by the Administrative Office of Courts.

(f) Adopt rules to implement this act.

SECTION 6. (1) The State Drug Court Advisory Committee shall be responsible for developing statewide rules and policies as they relate to Veterans Treatment Court programs.

(2) The State Drug Court Advisory Committee may also make recommendations to the Chief Justice, the Director of the Administrative Office of Courts and state officials concerning improvements to Veterans Treatment Court policies and procedures.

(3) The State Drug Court Advisory Committee shall act as an arbiter of disputes arising out of the operation of Veterans Treatment Court programs established under this article and make recommendations to improve the Veterans Treatment Court programs.

SECTION 7. (1) All monies received from any source by the Veterans Treatment Court program shall be accumulated in a special fund created in the State Treasury to be used only for Veterans Treatment Court purposes. Any funds remaining in this special fund at the end of the fiscal year shall not lapse into the general fund, but shall be retained in the special fund for the funding of further activities by the Veterans Treatment Court program.

(2) A Veterans Treatment Court program may apply for and receive the following:

(a) Gifts, bequests and donations from private sources.

(b) Grant and contract money from governmental sources.

(c) Other forms of financial assistance approved by the court to supplement the budget of the Veterans Treatment Court program.

SECTION 8. The coordinator and members of the professional and administrative staff of the Veterans Treatment Court program who perform duties in good faith under this act are immune from civil liability for:

(a) Acts or omissions in providing services under this act; and

(b) The reasonable exercise of discretion in determining eligibility to participate in the Veterans Treatment Court program.

SECTION 9. This act shall take effect and be in force from and after July 1, 2013.