State Codes and Statutes
Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-617-veterans-court-program
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
SUBTITLE E. SPECIAL PROVISIONS RELATING TO MENTAL ILLNESS AND
MENTAL RETARDATION
CHAPTER 617. VETERANS COURT PROGRAM
Sec. 617.001. VETERANS COURT PROGRAM DEFINED; PROCEDURES FOR
CERTAIN DEFENDANTS. (a) In this chapter, "veterans court
program" means a program that has the following essential
characteristics:
(1) the integration of services in the processing of cases in
the judicial system;
(2) the use of a nonadversarial approach involving prosecutors
and defense attorneys to promote public safety and to protect the
due process rights of program participants;
(3) early identification and prompt placement of eligible
participants in the program;
(4) access to a continuum of alcohol, controlled substance,
mental health, and other related treatment and rehabilitative
services;
(5) careful monitoring of treatment and services provided to
program participants;
(6) a coordinated strategy to govern program responses to
participants' compliance;
(7) ongoing judicial interaction with program participants;
(8) monitoring and evaluation of program goals and
effectiveness;
(9) continuing interdisciplinary education to promote effective
program planning, implementation, and operations; and
(10) development of partnerships with public agencies and
community organizations, including the United States Department
of Veterans Affairs.
(b) If a defendant successfully completes a veterans court
program, as authorized under Section 76.011, Government Code,
after notice to the attorney representing the state and a hearing
in the veterans court at which that court determines that a
dismissal is in the best interest of justice, the court in which
the criminal case is pending shall dismiss the criminal action
against the defendant.
Added by Acts 2009, 81st Leg., R.S., Ch.
840, Sec. 4, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1103, Sec. 17(a), eff. September 1, 2009.
Sec. 617.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY. (a)
The commissioners court of a county may establish a veterans
court program for persons arrested for or charged with any
misdemeanor or felony offense. A defendant is eligible to
participate in a veterans court program established under this
chapter only if the attorney representing the state consents to
the defendant's participation in the program and if the court in
which the criminal case is pending finds that the defendant:
(1) is a veteran or current member of the United States armed
forces, including a member of the reserves, national guard, or
state guard; and
(2) suffers from a brain injury, mental illness, or mental
disorder, including post-traumatic stress disorder, that:
(A) resulted from the defendant's military service in a combat
zone or other similar hazardous duty area; and
(B) materially affected the defendant's criminal conduct at
issue in the case.
(b) The court in which the criminal case is pending shall allow
an eligible defendant to choose whether to proceed through the
veterans court program or otherwise through the criminal justice
system.
(c) Proof of matters described by Subsection (a) may be
submitted to the court in which the criminal case is pending in
any form the court determines 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.
The court's findings must accompany any docketed case.
Added by Acts 2009, 81st Leg., R.S., Ch.
840, Sec. 4, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1103, Sec. 17(a), eff. September 1, 2009.
Sec. 617.003. DUTIES OF VETERANS COURT. (a) A veterans court
program established under this chapter must:
(1) ensure a person eligible for the program is provided legal
counsel before volunteering to proceed through the program and
while participating in the program;
(2) allow a participant to withdraw from the program at any time
before a trial on the merits has been initiated;
(3) provide a participant with a court-ordered individualized
treatment plan indicating the services that will be provided to
the participant; and
(4) ensure that the jurisdiction of the veterans court continues
for a period of not less than six months but does not continue
beyond the period of community supervision for the offense
charged.
(b) A veterans court program established under this chapter
shall make, establish, and publish local procedures to ensure
maximum participation of eligible defendants in the county or
counties in which those defendants reside.
(c) This chapter does not prevent the initiation of procedures
under Chapter 46B, Code of Criminal Procedure.
Added by Acts 2009, 81st Leg., R.S., Ch.
840, Sec. 4, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1103, Sec. 17(a), eff. September 1, 2009.
Sec. 617.004. ESTABLISHMENT OF REGIONAL PROGRAM. The
commissioners courts of two or more counties may elect to
establish a regional veterans court program under this chapter
for the participating counties.
Added by Acts 2009, 81st Leg., R.S., Ch.
840, Sec. 4, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1103, Sec. 17(a), eff. September 1, 2009.
Sec. 617.005. OVERSIGHT. (a) The lieutenant governor and the
speaker of the house of representatives may assign to appropriate
legislative committees duties relating to the oversight of
veterans court programs established under this chapter.
(b) A legislative committee or the governor may request the
state auditor to perform a management, operations, or financial
or accounting audit of a veterans court program established under
this chapter.
(c) A veterans court program established under this chapter
shall:
(1) notify the criminal justice division of the governor's
office before or on implementation of the program; and
(2) provide information regarding the performance of the program
to that division on request.
Added by Acts 2009, 81st Leg., R.S., Ch.
840, Sec. 4, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1103, Sec. 17(a), eff. September 1, 2009.
Sec. 617.006. FEES. (a) A veterans court program established
under this chapter may collect from a participant in the program:
(1) a reasonable program fee not to exceed $1,000; and
(2) a testing, counseling, and treatment fee in an amount
necessary to cover the costs of any testing, counseling, or
treatment performed or provided under the program.
(b) Fees collected under this section may be paid on a periodic
basis or on a deferred payment schedule at the discretion of the
judge, magistrate, or program director administering the program.
The fees must be:
(1) based on the participant's ability to pay; and
(2) used only for purposes specific to the program.
Added by Acts 2009, 81st Leg., R.S., Ch.
840, Sec. 4, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1103, Sec. 17(a), eff. September 1, 2009.
State Codes and Statutes
Statutes > Texas > Health-and-safety-code > Title-7-mental-health-and-mental-retardation > Chapter-617-veterans-court-program
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
SUBTITLE E. SPECIAL PROVISIONS RELATING TO MENTAL ILLNESS AND
MENTAL RETARDATION
CHAPTER 617. VETERANS COURT PROGRAM
Sec. 617.001. VETERANS COURT PROGRAM DEFINED; PROCEDURES FOR
CERTAIN DEFENDANTS. (a) In this chapter, "veterans court
program" means a program that has the following essential
characteristics:
(1) the integration of services in the processing of cases in
the judicial system;
(2) the use of a nonadversarial approach involving prosecutors
and defense attorneys to promote public safety and to protect the
due process rights of program participants;
(3) early identification and prompt placement of eligible
participants in the program;
(4) access to a continuum of alcohol, controlled substance,
mental health, and other related treatment and rehabilitative
services;
(5) careful monitoring of treatment and services provided to
program participants;
(6) a coordinated strategy to govern program responses to
participants' compliance;
(7) ongoing judicial interaction with program participants;
(8) monitoring and evaluation of program goals and
effectiveness;
(9) continuing interdisciplinary education to promote effective
program planning, implementation, and operations; and
(10) development of partnerships with public agencies and
community organizations, including the United States Department
of Veterans Affairs.
(b) If a defendant successfully completes a veterans court
program, as authorized under Section 76.011, Government Code,
after notice to the attorney representing the state and a hearing
in the veterans court at which that court determines that a
dismissal is in the best interest of justice, the court in which
the criminal case is pending shall dismiss the criminal action
against the defendant.
Added by Acts 2009, 81st Leg., R.S., Ch.
840, Sec. 4, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1103, Sec. 17(a), eff. September 1, 2009.
Sec. 617.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY. (a)
The commissioners court of a county may establish a veterans
court program for persons arrested for or charged with any
misdemeanor or felony offense. A defendant is eligible to
participate in a veterans court program established under this
chapter only if the attorney representing the state consents to
the defendant's participation in the program and if the court in
which the criminal case is pending finds that the defendant:
(1) is a veteran or current member of the United States armed
forces, including a member of the reserves, national guard, or
state guard; and
(2) suffers from a brain injury, mental illness, or mental
disorder, including post-traumatic stress disorder, that:
(A) resulted from the defendant's military service in a combat
zone or other similar hazardous duty area; and
(B) materially affected the defendant's criminal conduct at
issue in the case.
(b) The court in which the criminal case is pending shall allow
an eligible defendant to choose whether to proceed through the
veterans court program or otherwise through the criminal justice
system.
(c) Proof of matters described by Subsection (a) may be
submitted to the court in which the criminal case is pending in
any form the court determines 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.
The court's findings must accompany any docketed case.
Added by Acts 2009, 81st Leg., R.S., Ch.
840, Sec. 4, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1103, Sec. 17(a), eff. September 1, 2009.
Sec. 617.003. DUTIES OF VETERANS COURT. (a) A veterans court
program established under this chapter must:
(1) ensure a person eligible for the program is provided legal
counsel before volunteering to proceed through the program and
while participating in the program;
(2) allow a participant to withdraw from the program at any time
before a trial on the merits has been initiated;
(3) provide a participant with a court-ordered individualized
treatment plan indicating the services that will be provided to
the participant; and
(4) ensure that the jurisdiction of the veterans court continues
for a period of not less than six months but does not continue
beyond the period of community supervision for the offense
charged.
(b) A veterans court program established under this chapter
shall make, establish, and publish local procedures to ensure
maximum participation of eligible defendants in the county or
counties in which those defendants reside.
(c) This chapter does not prevent the initiation of procedures
under Chapter 46B, Code of Criminal Procedure.
Added by Acts 2009, 81st Leg., R.S., Ch.
840, Sec. 4, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1103, Sec. 17(a), eff. September 1, 2009.
Sec. 617.004. ESTABLISHMENT OF REGIONAL PROGRAM. The
commissioners courts of two or more counties may elect to
establish a regional veterans court program under this chapter
for the participating counties.
Added by Acts 2009, 81st Leg., R.S., Ch.
840, Sec. 4, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1103, Sec. 17(a), eff. September 1, 2009.
Sec. 617.005. OVERSIGHT. (a) The lieutenant governor and the
speaker of the house of representatives may assign to appropriate
legislative committees duties relating to the oversight of
veterans court programs established under this chapter.
(b) A legislative committee or the governor may request the
state auditor to perform a management, operations, or financial
or accounting audit of a veterans court program established under
this chapter.
(c) A veterans court program established under this chapter
shall:
(1) notify the criminal justice division of the governor's
office before or on implementation of the program; and
(2) provide information regarding the performance of the program
to that division on request.
Added by Acts 2009, 81st Leg., R.S., Ch.
840, Sec. 4, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1103, Sec. 17(a), eff. September 1, 2009.
Sec. 617.006. FEES. (a) A veterans court program established
under this chapter may collect from a participant in the program:
(1) a reasonable program fee not to exceed $1,000; and
(2) a testing, counseling, and treatment fee in an amount
necessary to cover the costs of any testing, counseling, or
treatment performed or provided under the program.
(b) Fees collected under this section may be paid on a periodic
basis or on a deferred payment schedule at the discretion of the
judge, magistrate, or program director administering the program.
The fees must be:
(1) based on the participant's ability to pay; and
(2) used only for purposes specific to the program.
Added by Acts 2009, 81st Leg., R.S., Ch.
840, Sec. 4, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1103, Sec. 17(a), eff. September 1, 2009.
State Codes and Statutes
Statutes >
Texas >
Health-and-safety-code >
Title-7-mental-health-and-mental-retardation >
Chapter-617-veterans-court-program HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
SUBTITLE E. SPECIAL PROVISIONS RELATING TO MENTAL ILLNESS AND
MENTAL RETARDATION
CHAPTER 617. VETERANS COURT PROGRAM
Sec. 617.001. VETERANS COURT PROGRAM DEFINED; PROCEDURES FOR
CERTAIN DEFENDANTS. (a) In this chapter, "veterans court
program" means a program that has the following essential
characteristics:
(1) the integration of services in the processing of cases in
the judicial system;
(2) the use of a nonadversarial approach involving prosecutors
and defense attorneys to promote public safety and to protect the
due process rights of program participants;
(3) early identification and prompt placement of eligible
participants in the program;
(4) access to a continuum of alcohol, controlled substance,
mental health, and other related treatment and rehabilitative
services;
(5) careful monitoring of treatment and services provided to
program participants;
(6) a coordinated strategy to govern program responses to
participants' compliance;
(7) ongoing judicial interaction with program participants;
(8) monitoring and evaluation of program goals and
effectiveness;
(9) continuing interdisciplinary education to promote effective
program planning, implementation, and operations; and
(10) development of partnerships with public agencies and
community organizations, including the United States Department
of Veterans Affairs.
(b) If a defendant successfully completes a veterans court
program, as authorized under Section 76.011, Government Code,
after notice to the attorney representing the state and a hearing
in the veterans court at which that court determines that a
dismissal is in the best interest of justice, the court in which
the criminal case is pending shall dismiss the criminal action
against the defendant.
Added by Acts 2009, 81st Leg., R.S., Ch.
840, Sec. 4, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1103, Sec. 17(a), eff. September 1, 2009.
Sec. 617.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY. (a)
The commissioners court of a county may establish a veterans
court program for persons arrested for or charged with any
misdemeanor or felony offense. A defendant is eligible to
participate in a veterans court program established under this
chapter only if the attorney representing the state consents to
the defendant's participation in the program and if the court in
which the criminal case is pending finds that the defendant:
(1) is a veteran or current member of the United States armed
forces, including a member of the reserves, national guard, or
state guard; and
(2) suffers from a brain injury, mental illness, or mental
disorder, including post-traumatic stress disorder, that:
(A) resulted from the defendant's military service in a combat
zone or other similar hazardous duty area; and
(B) materially affected the defendant's criminal conduct at
issue in the case.
(b) The court in which the criminal case is pending shall allow
an eligible defendant to choose whether to proceed through the
veterans court program or otherwise through the criminal justice
system.
(c) Proof of matters described by Subsection (a) may be
submitted to the court in which the criminal case is pending in
any form the court determines 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.
The court's findings must accompany any docketed case.
Added by Acts 2009, 81st Leg., R.S., Ch.
840, Sec. 4, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1103, Sec. 17(a), eff. September 1, 2009.
Sec. 617.003. DUTIES OF VETERANS COURT. (a) A veterans court
program established under this chapter must:
(1) ensure a person eligible for the program is provided legal
counsel before volunteering to proceed through the program and
while participating in the program;
(2) allow a participant to withdraw from the program at any time
before a trial on the merits has been initiated;
(3) provide a participant with a court-ordered individualized
treatment plan indicating the services that will be provided to
the participant; and
(4) ensure that the jurisdiction of the veterans court continues
for a period of not less than six months but does not continue
beyond the period of community supervision for the offense
charged.
(b) A veterans court program established under this chapter
shall make, establish, and publish local procedures to ensure
maximum participation of eligible defendants in the county or
counties in which those defendants reside.
(c) This chapter does not prevent the initiation of procedures
under Chapter 46B, Code of Criminal Procedure.
Added by Acts 2009, 81st Leg., R.S., Ch.
840, Sec. 4, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1103, Sec. 17(a), eff. September 1, 2009.
Sec. 617.004. ESTABLISHMENT OF REGIONAL PROGRAM. The
commissioners courts of two or more counties may elect to
establish a regional veterans court program under this chapter
for the participating counties.
Added by Acts 2009, 81st Leg., R.S., Ch.
840, Sec. 4, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1103, Sec. 17(a), eff. September 1, 2009.
Sec. 617.005. OVERSIGHT. (a) The lieutenant governor and the
speaker of the house of representatives may assign to appropriate
legislative committees duties relating to the oversight of
veterans court programs established under this chapter.
(b) A legislative committee or the governor may request the
state auditor to perform a management, operations, or financial
or accounting audit of a veterans court program established under
this chapter.
(c) A veterans court program established under this chapter
shall:
(1) notify the criminal justice division of the governor's
office before or on implementation of the program; and
(2) provide information regarding the performance of the program
to that division on request.
Added by Acts 2009, 81st Leg., R.S., Ch.
840, Sec. 4, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1103, Sec. 17(a), eff. September 1, 2009.
Sec. 617.006. FEES. (a) A veterans court program established
under this chapter may collect from a participant in the program:
(1) a reasonable program fee not to exceed $1,000; and
(2) a testing, counseling, and treatment fee in an amount
necessary to cover the costs of any testing, counseling, or
treatment performed or provided under the program.
(b) Fees collected under this section may be paid on a periodic
basis or on a deferred payment schedule at the discretion of the
judge, magistrate, or program director administering the program.
The fees must be:
(1) based on the participant's ability to pay; and
(2) used only for purposes specific to the program.
Added by Acts 2009, 81st Leg., R.S., Ch.
840, Sec. 4, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1103, Sec. 17(a), eff. September 1, 2009.
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