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REFERENCE TITLE: veterans; mental health courts; establishment |
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State of Arizona House of Representatives Fifty-third Legislature Second Regular Session 2018
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HB 2234 |
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Introduced by Representatives Martinez: Andrade, Bolding, Bowers, Chávez, Clodfelter, Cook, Engel, Gabaldón, John, Lawrence, Rivero, Toma, Senator Borrelli
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AN ACT
amending title 12, chapter 1, article 2, Arizona Revised Statutes, by adding section 12‑137; amending section 22‑601, Arizona Revised Statutes; relating to the superior court.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 12-137, to read:
12-137. Veterans court; mental health court; establishment; mandatory referrals for aggravated DUI
A. The presiding judge of the superior court in each county shall establish a veterans court and a mental health court to adjudicate cases filed in the superior court and, if a veterans court or a mental health court is not established pursuant to section 22‑601, to adjudicate cases filed in a justice or municipal court in that county.
B. The presiding judge of the superior court shall establish the eligibility criteria for referral to the veterans court or mental health court. The eligibility criteria must include a mandatory referral requirement to either:
1. The veterans court for any case that is filed against a veteran and that alleges only a violation of section 28‑1383, subsection A, paragraph 1, 2 or 4.
2. The mental health court for any case that is filed against a person who is diagnosed with post‑traumatic stress disorder and that alleges only a violation of section 28‑1383, subsection A, paragraph 1, 2 or 4.
C. A judge who has jurisdiction over a case that meets the eligibility criteria shall refer a case to the veterans court or mental health court. The originating court shall notify the prosecutor of any criminal case referred to the veterans court or mental health court.
D. Notwithstanding any other law, when a person is under the jurisdiction of the veterans court or mental health court, the prosecution against the person is suspended for twenty‑four months to allow the person to participate in a deferred prosecution program. On successful completion of a deferred prosecution program, the court shall dismiss all charges against the person.
Sec. 2. Section 22-601, Arizona Revised Statutes, is amended to read:
22-601. Homeless, veterans and mental health courts; establishment; eligibility for referral; mandatory referral
A. The presiding judge of the superior court in each county may establish a homeless court, veterans court and mental health court to adjudicate cases filed in a justice court or a municipal court in the county.
B. The presiding judge of the superior court shall establish the eligibility criteria for referral to the homeless court, veterans court or mental health court. The eligibility criteria must include a mandatory referral requirement to either:
1. The veterans court for any case that is filed against a veteran and that alleges only a violation of section 28‑1383, subsection A, paragraph 1, 2 or 4.
2. The mental health court for any case that is filed against a person who is diagnosed with post‑traumatic stress disorder and that alleges only a violation of section 28‑1383, subsection A, paragraph 1, 2 or 4.
C. A justice of the peace or municipal court judge who has jurisdiction over a case that meets the eligibility criteria may refer the case to the homeless court, veterans court or mental health court and shall refer a case that qualifies for mandatory referral pursuant to subsection B of this section to the veterans court.
D. The originating court shall notify the prosecutor of any criminal case referred to the homeless court, veterans court or mental health court.
E. Notwithstanding any other law, when a person is under the jurisdiction of the homeless court, veterans court or mental health court, the prosecution against the person is suspended for twenty‑four months to allow the person to participate in a deferred prosecution program. On successful completion of a deferred prosecution program, the court shall dismiss all charges against the person.