Bill Text: IA SSB3085 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for an act establishing a veterans treatment court in each judicial district.
Spectrum: Unknown
Status: (Introduced - Dead) 2016-02-11 - Voted - Veterans Affairs. [SSB3085 Detail]
Download: Iowa-2015-SSB3085-Introduced.html
Senate
Study
Bill
3085
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
VETERANS
AFFAIRS
BILL
BY
CHAIRPERSON
HORN)
A
BILL
FOR
An
Act
establishing
a
veterans
treatment
court
in
each
judicial
1
district.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
Section
602.6306,
subsection
2,
Code
2016,
is
1
amended
to
read
as
follows:
2
2.
District
associate
judges
also
have
jurisdiction
3
in
civil
actions
for
money
judgment
where
the
amount
in
4
controversy
does
not
exceed
ten
thousand
dollars;
jurisdiction
5
over
involuntary
commitment,
treatment,
or
hospitalization
6
proceedings
under
chapters
125
and
229
;
jurisdiction
of
7
indictable
misdemeanors,
class
“D”
felony
violations,
and
8
other
felony
arraignments;
jurisdiction
to
enter
a
temporary
9
or
emergency
order
of
protection
under
chapter
235F
or
236
,
10
and
to
make
court
appointments
and
set
hearings
in
criminal
11
matters;
jurisdiction
to
enter
orders
in
probate
which
do
not
12
require
notice
and
hearing
and
to
set
hearings
in
actions
under
13
chapter
633
or
633A
;
and
the
jurisdiction
provided
in
section
14
602.7101
when
designated
as
a
judge
of
the
juvenile
court
;
and
15
the
jurisdiction
provided
in
section
602.7301
when
designated
16
as
a
judge
of
the
veterans
treatment
court
.
While
presiding
in
17
these
subject
matters
a
district
associate
judge
shall
employ
18
district
judges’
practice
and
procedure.
19
Sec.
2.
NEW
SECTION
.
602.7301
Veterans
treatment
court.
20
1.
A
veterans
treatment
court
is
established
in
each
21
judicial
district
to
provide
court
services
to
veterans
and
to
22
integrate
court
sanctions
and
incentives
with
substance
abuse
23
treatment,
mental
health
treatment,
and
transitional
services
24
for
veterans,
in
a
judicially
supervised
court
setting.
25
2.
The
veterans
treatment
court
shall
incorporate
all
of
26
the
following
essential
characteristics
into
its
operations
and
27
proceedings:
28
a.
Integration
of
justice
system
case
processing
with
29
alcohol
and
drug
treatment
and
with
mental
health
services.
30
b.
Use
of
a
nonadversarial
approach,
whereby
prosecution
31
and
defense
counsel
promote
public
safety
while
protecting
32
participants’
due
process
rights.
33
c.
Early
and
prompt
identification
and
coordinated
placement
34
of
eligible
participants
in
treatment
programs.
35
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d.
Coordination
of
access
to
a
continuum
of
alcohol,
1
drug,
mental
health,
and
related
treatment
and
rehabilitation
2
services.
3
e.
Monitoring
of
abstinence
by
frequent
alcohol
and
drug
4
testing.
5
f.
A
strategy
that
governs
veterans
treatment
court
6
responses
to
participants’
compliance
with
treatment
programs.
7
g.
Ongoing
judicial
interaction
with
all
veterans
who
are
8
eligible
participants
in
the
veterans
treatment
court
services.
9
h.
Monitoring
and
evaluation
of
participants
and
treatment
10
programs
to
measure
the
achievement
of
treatment
goals
and
11
gauge
treatment
effectiveness.
12
i.
Continuing
interdisciplinary
education
to
promote
13
effective
veterans
treatment
court
planning
and
operations.
14
j.
Forming
of
partnerships
among
veterans
treatment
courts,
15
public
agencies,
and
community-based
organizations
that
16
generate
local
support
and
enhance
veterans
treatment
court
17
effectiveness.
18
3.
The
jurisdiction
of
the
veterans
treatment
court
may
be
19
exercised
by
any
district
judge
and
by
any
district
associate
20
judge
who
is
designated
by
the
chief
judge
of
a
judicial
21
district
as
a
judge
of
the
veterans
treatment
court.
22
4.
The
chief
judge
shall
designate
one
or
more
district
23
judges
and
district
associate
judges
to
act
as
judges
of
the
24
veterans
treatment
court
for
a
judicial
district.
The
chief
25
judge
may
designate
a
veterans
treatment
court
judge
to
preside
26
in
more
than
one
county.
27
5.
The
designation
of
a
judge
as
a
veterans
treatment
court
28
judge
does
not
deprive
the
judge
of
other
judicial
functions.
29
Any
district
judge
may
act
as
a
veterans
treatment
court
judge
30
during
the
absence
or
inability
to
act,
or
upon
the
request,
of
31
the
designated
veterans
treatment
court
judge.
32
6.
The
supreme
court
shall,
in
consultation
with
the
United
33
States
department
of
veterans
affairs,
the
Iowa
department
of
34
veterans
affairs,
the
county
commissions
of
veteran
affairs,
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_____
the
department
of
human
services,
the
state
public
defender,
1
and
the
Iowa
county
attorneys
association,
prescribe
rules
to
2
establish
the
jurisdiction
of
the
veterans
treatment
court
and
3
for
the
administration
of
veterans
treatment
court
in
this
4
state.
5
7.
For
the
purposes
of
this
section,
“veteran”
means
a
6
person
who
served
in
the
armed
forces
or
the
reserve
forces
of
7
the
United
States
or
who
served
in
the
national
guard
of
any
8
state.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
establishes
a
veterans
treatment
court
in
each
13
judicial
district
to
serve
veterans
and
to
integrate
court
14
sanctions
and
incentives
with
substance
abuse
treatment,
mental
15
health
treatment,
and
transitional
services.
For
the
purposes
16
of
the
operation
of
the
veterans
treatment
court,
“veteran”
17
means
a
person
who
served
in
the
armed
forces
or
the
reserve
18
forces
of
the
United
States
or
who
served
in
the
national
guard
19
of
any
state.
20
The
veterans
treatment
court
is
required
to
integrate
21
justice
system
case
processing
with
alcohol
and
drug
treatment
22
and
with
mental
health
services,
to
use
a
nonadversarial
23
approach
in
proceedings,
and
to
provide
early
and
prompt
24
identification
and
placement
of
eligible
participants
in
the
25
treatment
programs.
The
veterans
treatment
court
is
also
26
required
to
establish
ongoing
interaction
with
each
veteran,
27
to
coordinate
treatment
and
rehabilitation
services,
and
to
28
monitor
and
evaluate
treatment.
29
The
veterans
treatment
court
is
required
to
continue
30
interdisciplinary
education
to
promote
effective
veterans
31
treatment
court
planning
and
operation,
and
to
form
32
partnerships
among
veterans
treatment
courts,
public
agencies,
33
and
community-based
organizations.
34
The
bill
provides
that
the
jurisdiction
of
the
veterans
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treatment
court
may
be
exercised
by
any
district
judge
and
1
by
any
district
associate
judge
who
is
designated
by
the
2
chief
judge
of
a
judicial
district
as
a
judge
of
the
veterans
3
treatment
court
and
requires
that
the
chief
judge
shall
4
designate
one
or
more
of
the
district
judges
and
district
5
associate
judges
to
act
as
judges
of
the
veterans
treatment
6
court
for
a
judicial
district.
The
chief
judge
of
a
district
7
may
designate
a
veterans
treatment
court
judge
to
preside
in
8
more
than
one
county.
9
The
supreme
court
is
required
to
prescribe
rules
to
10
establish
the
jurisdiction
of
the
veterans
treatment
court
11
and
for
the
administration
of
the
veterans
treatment
court
in
12
this
state
in
consultation
with
the
United
States
department
13
of
veterans
affairs,
the
Iowa
department
of
veterans
affairs,
14
the
county
commissions
of
veteran
affairs,
the
department
of
15
human
services,
the
state
public
defender,
and
the
Iowa
county
16
attorneys
association.
17
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