§62-16-1. Short Title

This may be cited as the Military Service Members Court Act.

§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;