BILL REQ. #:  H-3179.3 

Read first time 01/17/12.   Referred to Committee on Judiciary.

     AN ACT Relating to authorizing the establishment and use of veterans' courts; amending RCW 2.28.190; and adding a new section to chapter 2.28 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 2.28 RCW to read as follows:
     (1) Counties and municipalities may establish and operate veterans' courts.
     (2)(a) Any jurisdiction that seeks a state appropriation to fund a veterans' court program must first:
     (i) Exhaust all federal funding that is available to support the operations of its veterans' court and associated services; and
     (ii) Match, on a dollar-for-dollar basis, state moneys allocated for veterans' court programs with local cash or in-kind resources. Moneys allocated by the state must be used to supplement, not supplant, other federal, state, and local funds for veterans' court operations and associated services.
     (b) Any jurisdiction that establishes a veterans' court under this section shall establish minimum requirements for the participation of offenders in the program. The veterans' court may adopt local requirements that are more stringent than the minimum. The minimum requirements are:
     (i) The offender would benefit from being in a specialized therapeutic court program;
     (ii) The offender has not previously been convicted of a serious violent offense or sex offense as defined in RCW 9.94A.030;
     (iii) Without regard to whether proof of any of these elements is required to convict, the offender is not currently charged with or convicted of an offense:
     (A) That is a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance;
     (B) That is a felony offense;
     (C) That is a sex offense;
     (D) That is a serious violent offense;
     (E) During which the defendant used a firearm; or
     (F) During which the defendant caused substantial or great bodily harm or death to another person; and
     (iv) A check of the offender's background confirms that the offender is a veteran or service member.
     (3) For the purposes of this section:
     (a) "Service member" means a person who is serving as a member in any branch of the armed forces of the United States, including the national guard and armed forces reserves.
     (b) "Veteran" means a person who has served as a member in any branch of the armed forces of the United States, including the national guard and armed forces reserves, and has fulfilled his or her initial military service obligation.
     (c) "Veterans' court" means a court that has special calendars or dockets designed to achieve a reduction in recidivism among nonviolent misdemeanants who are veterans through early, continuous, and intense judicially supervised treatment, drug treatment, or mental health treatment if necessary, mandatory periodic reviews, appropriate sanctions, and assistance with accessing services available through federal and state veterans' offices, government agencies, and community organizations.
     (4) It is not a requirement that a person have combat experience during his or her service to be considered a veteran or service member under this section.

Sec. 2   RCW 2.28.190 and 2011 c 293 s 11 are each amended to read as follows:
     Any county that has established a DUI court, drug court, veterans' court, and a mental health court under this chapter may combine the functions of these courts into a single therapeutic court.