Bill Summary for S 643 (2017-2018)

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Summary date: 

Apr 6 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 643 (Public) Filed Tuesday, April 4, 2017
AN ACT TO ESTABLISH A VETERANS TREATMENT COURT FOR THE FOURTH AND EIGHTH JUDICIAL DISTRICTS.
Intro. by Pate, D. Davis, Brown.

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Bill summary

Establishes Veteran Treatment Court programs (program) in the fourth and eighth judicial districts, with five specified goals, including reducing alcoholism and other drug dependencies, providing effective treatment of co‑occurring mental health issues among program participants, and reducing criminal recidivism. Defines veteran as an individual who served in the Armed Forces of the United States and who was discharged or released from service under conditions other than dishonorable.

Allows, at any time during a criminal prosecution in either the fourth or the eighth judicial districts, the prosecutor and the defendant to make a joint written application to the court seeking the defendant's participation in the program. Allows the court to approve the application and order that the defendant participate in the program as a condition of probation, pursuant to a deferred prosecution agreement, or pursuant to the terms of a conditional discharge upon making the following findings: (1) the defendant is a veteran; (2) in the case that participation in the program is a condition of probation, the requirements of GS 15A‑1341(a) are satisfied; (3) in the case that participation in the program is pursuant to a deferred prosecution agreement, the requirements of GS 15A‑1341(a1) are satisfied; and (4) in the case that participation in the program is pursuant to the terms of a conditional discharge, the requirements of GS 15A‑1341(a4) are satisfied.

Requires the court, under the program, to order that the defendant participate in one or more of the following services: (1) mental health services; (2) drug treatment services, including random testing for substance abuse; (3) alcohol treatment services; or (4) other services designed to address the specialized problems faced by veterans. Requires the defendant to attend at least one court session per month during which the court will inquire about the defendant's progress in the above‑mentioned services, as well as the defendant's overall participation in the program.

Applicable only to Wayne, Lenoir, Green, Duplin, Sampson, Jones, and Onslow counties.

Effective October 1, 2017.