Bill Text: IA SF2168 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act establishing a veterans treatment court in each judicial district. (Formerly SSB 3085.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2016-02-17 - Subcommittee, Dvorsky, Courtney, and Schneider. S.J. 257. [SF2168 Detail]
Download: Iowa-2015-SF2168-Introduced.html
Senate File 2168 - Introduced SENATE FILE BY COMMITTEE ON VETERANS AFFAIRS (SUCCESSOR TO SSB 3085) A BILL FOR 1 An Act establishing a veterans treatment court in each judicial 2 district. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5971SV (1) 86 ec/rj PAG LIN 1 1 Section 1. Section 602.6306, subsection 2, Code 2016, is 1 2 amended to read as follows: 1 3 2. District associate judges also have jurisdiction 1 4 in civil actions for money judgment where the amount in 1 5 controversy does not exceed ten thousand dollars; jurisdiction 1 6 over involuntary commitment, treatment, or hospitalization 1 7 proceedings under chapters 125 and 229; jurisdiction of 1 8 indictable misdemeanors, class "D" felony violations, and 1 9 other felony arraignments; jurisdiction to enter a temporary 1 10 or emergency order of protection under chapter 235F or 236, 1 11 and to make court appointments and set hearings in criminal 1 12 matters; jurisdiction to enter orders in probate which do not 1 13 require notice and hearing and to set hearings in actions under 1 14 chapter 633 or 633A;andthe jurisdiction provided in section 1 15 602.7101 when designated as a judge of the juvenile court; and 1 16 the jurisdiction provided in section 602.7301 when designated 1 17 as a judge of the veterans treatment court. While presiding in 1 18 these subject matters a district associate judge shall employ 1 19 district judges' practice and procedure. 1 20 Sec. 2. NEW SECTION. 602.7301 Veterans treatment court. 1 21 1. A veterans treatment court is established in each 1 22 judicial district to provide court services to veterans and to 1 23 integrate court sanctions and incentives with substance abuse 1 24 treatment, mental health treatment, and transitional services 1 25 for veterans, in a judicially supervised court setting. 1 26 2. The veterans treatment court shall incorporate all of 1 27 the following essential characteristics into its operations and 1 28 proceedings: 1 29 a. Integration of justice system case processing with 1 30 alcohol and drug treatment and with mental health services. 1 31 b. Use of a nonadversarial approach, whereby prosecution 1 32 and defense counsel promote public safety while protecting 1 33 participants' due process rights. 1 34 c. Early and prompt identification and coordinated placement 1 35 of eligible participants in treatment programs. 2 1 d. Coordination of access to a continuum of alcohol, 2 2 drug, mental health, and related treatment and rehabilitation 2 3 services. 2 4 e. Monitoring of abstinence by frequent alcohol and drug 2 5 testing. 2 6 f. A strategy that governs veterans treatment court 2 7 responses to participants' compliance with treatment programs. 2 8 g. Ongoing judicial interaction with all veterans who are 2 9 eligible participants in the veterans treatment court services. 2 10 h. Monitoring and evaluation of participants and treatment 2 11 programs to measure the achievement of treatment goals and 2 12 gauge treatment effectiveness. 2 13 i. Continuing interdisciplinary education to promote 2 14 effective veterans treatment court planning and operations. 2 15 j. Forming of partnerships among veterans treatment courts, 2 16 public agencies, and community=based organizations that 2 17 generate local support and enhance veterans treatment court 2 18 effectiveness. 2 19 3. The jurisdiction of the veterans treatment court may be 2 20 exercised by any district judge and by any district associate 2 21 judge who is designated by the chief judge of a judicial 2 22 district as a judge of the veterans treatment court. 2 23 4. The chief judge shall designate one or more district 2 24 judges and district associate judges to act as judges of the 2 25 veterans treatment court for a judicial district. The chief 2 26 judge may designate a veterans treatment court judge to preside 2 27 in more than one county. 2 28 5. The designation of a judge as a veterans treatment court 2 29 judge does not deprive the judge of other judicial functions. 2 30 Any district judge may act as a veterans treatment court judge 2 31 during the absence or inability to act, or upon the request, of 2 32 the designated veterans treatment court judge. 2 33 6. The supreme court shall, in consultation with the United 2 34 States department of veterans affairs, the Iowa department of 2 35 veterans affairs, the county commissions of veteran affairs, 3 1 the department of human services, the state public defender, 3 2 and the Iowa county attorneys association, prescribe rules to 3 3 establish the jurisdiction of the veterans treatment court and 3 4 for the administration of veterans treatment court in this 3 5 state. 3 6 7. For the purposes of this section, "veteran" means a 3 7 person who served in the armed forces or the reserve forces of 3 8 the United States or who served in the national guard of any 3 9 state. 3 10 EXPLANATION 3 11 The inclusion of this explanation does not constitute agreement with 3 12 the explanation's substance by the members of the general assembly. 3 13 This bill establishes a veterans treatment court in each 3 14 judicial district to serve veterans and to integrate court 3 15 sanctions and incentives with substance abuse treatment, mental 3 16 health treatment, and transitional services. For the purposes 3 17 of the operation of the veterans treatment court, "veteran" 3 18 means a person who served in the armed forces or the reserve 3 19 forces of the United States or who served in the national guard 3 20 of any state. 3 21 The veterans treatment court is required to integrate 3 22 justice system case processing with alcohol and drug treatment 3 23 and with mental health services, to use a nonadversarial 3 24 approach in proceedings, and to provide early and prompt 3 25 identification and placement of eligible participants in the 3 26 treatment programs. The veterans treatment court is also 3 27 required to establish ongoing interaction with each veteran, 3 28 to coordinate treatment and rehabilitation services, and to 3 29 monitor and evaluate treatment. 3 30 The veterans treatment court is required to continue 3 31 interdisciplinary education to promote effective veterans 3 32 treatment court planning and operation, and to form 3 33 partnerships among veterans treatment courts, public agencies, 3 34 and community=based organizations. 3 35 The bill provides that the jurisdiction of the veterans 4 1 treatment court may be exercised by any district judge and 4 2 by any district associate judge who is designated by the 4 3 chief judge of a judicial district as a judge of the veterans 4 4 treatment court and requires that the chief judge shall 4 5 designate one or more of the district judges and district 4 6 associate judges to act as judges of the veterans treatment 4 7 court for a judicial district. The chief judge of a district 4 8 may designate a veterans treatment court judge to preside in 4 9 more than one county. 4 10 The supreme court is required to prescribe rules to 4 11 establish the jurisdiction of the veterans treatment court 4 12 and for the administration of the veterans treatment court in 4 13 this state in consultation with the United States department 4 14 of veterans affairs, the Iowa department of veterans affairs, 4 15 the county commissions of veteran affairs, the department of 4 16 human services, the state public defender, and the Iowa county 4 17 attorneys association. LSB 5971SV (1) 86 ec/rj
