STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

HOUSE BILL 2802	By:	Matthews

AS INTRODUCED

An Act relating to veterans' treatment programs; creating the Oklahoma Veterans' Treatment Act; providing short title; authorizing creation of certain treatment program; defining terms; authorizing development and implementation of certain program; specifying funding source for certain program; establishing eligibility requirements for certain program; establishing duties and responsibilities of certain team or coordinator; requiring certain waivers; directing disposition of certain case; prohibiting amendment of certain agreement; construing provisions; requiring execution of certain written agreement; authorizing sanctions under certain circumstances; establishing procedures for relapse and revocation; authorizing order for participation in certain treatment; providing time limitation for certain program; authorizing order for payment of certain fees and costs; authorizing certain orders related to driving privileges; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 481 of Title 22, unless there is created a duplication in numbering, reads as follows:
A.  This section shall be known and may be cited as the "Oklahoma Veterans' Treatment Act".
B.  Any district court of this state may establish a veterans' treatment program pursuant to the provisions of this section.
C.  For purposes of this section:
1.  "Oklahoma veterans' treatment program" means a judicial process that utilizes specially trained court personnel to expedite the case and explore alternatives to incarceration for veterans or service members charged with criminal offenses who are in need of treatment for posttraumatic stress disorder (PTSD), traumatic brain injury (TBI), mental health issues or substance abuse treatment;
2.  "Veteran" means any former member of the United States military, including a member of the reserves and National Guard, as defined by the United States Department of Veterans Affairs; and
3.  "Service member" means any current or reserve member of the United States Armed Forces, including a member of the reserves or National Guard.
D.  The court may request assistance from the Department of Mental Health and Substance Abuse Services, the United States Department of Veterans Affairs, or other community-based programs and agencies to assist in developing and implementing a veterans' treatment program and to obtain the necessary treatment services which will assure maximum opportunity for successful treatment, education and rehabilitation for offenders admitted to the program.  Funding for veterans' treatment programs may come from contracts with the Department of Mental Health and Substance Abuse Services, as funds are available, through funds budgeted for alternative courts, substance abuse treatment or mental health treatment, the Oklahoma Department of Veterans Affairs, grants or any other private or public monies.
E.  Any offender currently charged with or convicted of any offense listed in Section 13.1 of Title 21 or Section 571 of Title 57 of the Oklahoma Statutes in this state or a comparable offense in another state shall not be eligible for the program.  An offender who has previously completed or has been discharged from a veterans' treatment program within the last three (3) years is not eligible for the program.  Eligibility and entry by an offender into the veterans' treatment program is dependent upon approval of the district attorney.  Traditional prosecution shall be required if an offender is determined not appropriate for the veterans' treatment program.  Nothing in this section affects the district attorney's existing authority to amend any charge.
F.  The district attorney shall assign each applicant to the veterans' treatment program team or coordinator prior to determining eligibility and entry.  The program team or coordinator shall provide the district attorney with all assessments and clinical evaluations completed and inform the district attorney as to the defendant's military service and mental health or substance abuse issues, including any evidence of posttraumatic stress disorder or a traumatic brain injury.  The team or coordinator shall make a recommendation to the district attorney as to whether the applicant is appropriate for the veterans' treatment program.  The district attorney shall make the final determination as to eligibility and entry and shall consider the recommendation of the team or coordinator along with the district attorney's assessment as to whether the safety of the victim and the community can be reasonably assured.
G.  The offender must voluntarily agree to waive the right to a speedy trial and waive the right to a preliminary hearing.  At the time an offender is admitted to the veterans' treatment program, any bail or undertaking on behalf of the offender shall be exonerated.
H.  The disposition of the case shall be as specified in the written plea agreement which sets forth the penalty to be imposed for the offense in the event of termination or voluntary withdrawal from the program and the penalty to be imposed, if any, in the event of a successful completion of the program.
1.  When an offender successfully completes the veterans' treatment program, the criminal case against the offender may be:
a.	dismissed if the offense was a first felony offense, or
b.	if the offender had a prior felony conviction, the disposition shall be as specified in the written plea agreement.  The district attorney may dismiss the case or offer a disposition including reduction to a misdemeanor, a deferred sentence or a suspended sentence.  Any statutory preclusion or prohibition on offering such dispositions on a plea agreement shall be waived for those who successfully complete the veterans' treatment program.
2.  The court shall not amend the written plea agreement after an offender has been admitted to the veterans' treatment program.
I.  Nothing in the Oklahoma Veterans' Treatment Act shall preclude the establishment of a veterans' treatment program from utilizing a deferred prosecution program as authorized by Sections 305.1 through 305.6 of Title 22 of the Oklahoma Statutes.
J.  Nothing in Oklahoma Veterans' Treatment Act shall prohibit any district court from establishing a veterans' treatment program for misdemeanor offenses.
K.  Nothing in the Oklahoma Veterans' Treatment Act shall prohibit the transfer of the case or supervision of a veteran or service member from a county without a veterans' treatment program to one with such a program.  The transfer of the case shall be made pursuant to an order of the district court in the jurisdiction where the case was originally filed.
L.  The defendant shall execute a written agreement to participate in the program and shall agree to all the terms and conditions of the program, including, but not limited to, the possibility of sanctions or incarceration for failing to comply with the terms of the program.
1.  If the veterans' treatment program team finds that the defendant is not following the agreed rules and conditions or that the defendant has engaged in further criminal conduct, the team may request that the court impose reasonable sanctions, including, but not limited to, termination from the program.
2.  The veterans' treatment program court shall recognize relapses and restarts in the program which are considered to be part of the rehabilitation and recovery process.  The court shall accomplish monitoring and offender accountability by ordering progressively increasing sanctions or providing incentives rather than removing the offender from the program when relapse occurs, except when the offender's conduct requires revocation from the program.  Any revocation from the veterans' treatment program shall require notice to the offender and other participating parties in the case and a revocation hearing.  At the revocation hearing, if the offender is found to have violated the conditions of the plea agreement or performance contract and disciplinary sanctions have been insufficient to gain compliance, the offender shall be revoked from the program and sentenced for the offense as provided in the plea agreement.
M.  The court may order the defendant to participate in treatment as recommended.  This treatment may include, but is not limited to, posttraumatic stress disorder treatment, traumatic brain injury treatment, or mental health or substance abuse treatment.
N.  The period of time which an offender may participate in the active treatment portion of the veterans' treatment program shall not exceed twelve (12) months.
O.  The veterans' treatment program judge may order the offender to pay court costs, treatment costs, drug-testing costs, a program user fee not to exceed Twenty Dollars ($20.00) per month and necessary supervision fees, unless the offender is indigent.
P.  If the driving privileges of the offender have been suspended, revoked, cancelled or denied by the Department of Public Safety and if the veterans' treatment program court determines that no other means of transportation for the offender is available, the court may enter a written order requiring the Department of Public Safety to stay any and all such actions against the Class D driving privileges of the offender; provided, the stay shall not be construed to grant driving privileges to an offender who has not been issued a driver license by the Department or whose Oklahoma driver license has expired, in which case the offender shall be required to apply for and be found eligible for a driver license, pass all examinations, if applicable, and pay all statutory driver license issuance or renewal fees.  The offender shall provide proof of insurance to the court prior to the court ordering a stay of any driver license suspension, revocation, cancellation or denial.  When a court of a veterans' treatment program enters a stay against an order by the Department of Public Safety suspending or revoking the driving privileges of an offender, the time period set in the order by the Department for the suspension or revocation shall continue to run during the stay.
SECTION 2.  This act shall become effective November 1, 2014.

54-2-9448	AMM	01/08/14