US Lawyer Database

§64-2-3. Office of Technology

(a) The legislative rule filed in the State Register on July 30, 2021, authorized under the authority of 5A-6-4 of this code, modified by the Office of Technology to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 16, 2021, relating to the Office of Technology (Chief […]

§62-16-2. Legislative Findings

(a)(1) The Legislature recognizes that while most veterans are strengthened by their military service, the combat experiences of many veterans have unfortunately left a growing number of veterans who suffer from issues such as Post Traumatic Stress Disorder and traumatic brain injury. A growing body of research shows that one in five veterans will have […]

§62-16-3. Definitions

For the purposes of this article: “Assessment” means an evaluation to determine whether a criminal defendant is a military service member as defined by this section, that the offense he or she has been charged with are attributable to their military service, and if the offender would benefit from the provisions set forth in this […]

§62-16-4. Court Authorization; Funding; Immunity From Liability

(a) Court authorization. — The Supreme Court of Appeals is hereby authorized to establish a Military Service Members Court program, under the oversight of its administrator. Each Military Service Members Court may be a stand-alone court or operated in conjunction with an existing drug court or other specialty court program. The Supreme Court of Appeals […]

§62-16-5. Eligibility; Written Agreement

(a) Eligibility. A military service member offender, who is eligible for probation based upon the nature of the offense for which he or she has been charged, and in consideration of his or her criminal background, if any, may, upon application, be admitted into a court program only upon the agreement of the prosecutor and […]

§62-16-6. Procedure; Mental Health and Substance Abuse Treatment; Violation; Termination

(a) Procedure. Upon application, the court shall order the offender to submit to an eligibility screening, a mental health and drug/alcohol screening, and an assessment by the Department of Veterans Affairs (VA) Veterans Justice Outreach to provide information on the offenders mental health or military service member status. The assessment shall include a risks assessment […]

§62-16-7. Program Integrity and Offender Accountability

(a) If deemed appropriate by the Supreme Court of Appeals or its administrative office, the courts shall collect and maintain information on participants which may include, but is not limited to, the following: (1) The participants” prior criminal history;

§63-1-1. Effective Date of Code; Repeal of Acts of a General Nature

All the provisions of the preceding chapters, articles and sections shall be in force upon and after January 1, nineteen hundred and thirty-one; and all acts and parts of acts of a general nature in force on the day preceding that day are hereby repealed, subject to such limitations and exceptions as are provided in […]

§63-1-2. Effect of Such Repeal in General

Such repeal shall not affect any offense or act committed or done, or any penalty or forfeiture incurred, or any right established, accrued, or accruing, before the day this code takes effect, or any prosecution, suit or proceeding pending on that day, except that the proceedings thereafter had shall conform, so far as practicable, to […]