Transfer Jurisdiction To Veteran's Speciality Court
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 treatment court, the act requires the court to inform a veteran defendant of the possibility of petitioning to transfer the case to a jurisdiction with a veterans treatment court.
The act allows a veteran defendant or defendant who is currently serving in the U.S. armed forces and 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 treatment court in that jurisdiction. After receiving a petition, the court must consult with the judge administering the veterans treatment court and the district attorney of the hosting jurisdiction. The court may grant the petition to transfer 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: This summary applies to this bill as enacted.)