HB1691: Veterans and military servicemembers; specialty treatment procedures.


HOUSE BILL NO. 1691
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Joint Conference Committee
on February 25, 2011)
(Patron Prior to Substitute--Delegate Stolle)
A BILL to amend and reenact §§ 2.2-2001 and 2.2-2001.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 9.1-173.1, relating to criminal justice procedures for veterans and active military service members.

Be it enacted by the General Assembly of Virginia:

1.  That §§ 2.2-2001 and 2.2-2001.1 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 9.1-173.1 as follows:

§ 2.2-2001. Administrative responsibilities of the Department.

A. The Department shall be responsible for the establishment, operation, administration, and maintenance of offices and programs related to services for Virginia-domiciled veterans of the armed forces of the United States and their eligible spouses, orphans, and dependents. Such services shall include, but not be limited to, benefits claims processing and all medical care centers and cemeteries for veterans owned and operated by the Commonwealth.

Subject to the availability of sufficient nongeneral fund revenues, including, but not limited to, private donations and federal funds, the Department shall work in concert with applicable State and Federal agencies to develop and deploy an automated system for the electronic preparation of veterans' disability claims that ensures the collection of the necessary information to expedite processing of Virginia veterans' disability claims. The Department's development and deployment work shall be appropriately phased to minimize risk and shall include an initial replacement of the Department's existing case management technology, which replacement is required to support highly sophisticated electronic claims preparation. The Commissioner shall ensure that the system is efficient and statutorily compliant.

B. From such funds as may be appropriated or otherwise received for such purpose, the Department shall provide burial vaults at cost to eligible veterans and their family members interred at state-operated veterans cemeteries.

C. The Department shall establish guidelines for the determination of eligibility for Virginia-domiciled veterans and their spouses, orphans, and dependents for participation in programs and benefits administered by the Department. Such guidelines shall meet the intent of the federal statutes and regulations pertaining to the administration of federal programs supporting U.S. Armed Forces veterans and their spouses, orphans, and dependents.

D. The Department shall adopt reasonable regulations to implement a program to certify, upon request of the small business owner, that he holds a "service disabled veteran" status.

E. As used in this chapter, unless the context requires otherwise:

"Active military, naval, or air service members" means military service members who perform full-time duty in the armed forces of the United States, or a reserve component thereof, including the National Guard.

"Service-connected" means, with respect to disability that such disability was incurred or aggravated in the line of duty in the active military, naval, or air service.

"Service disabled veteran" means a veteran who (i) served on active duty in the United States military ground, naval, or air service, (ii) was discharged or released under conditions other than dishonorable, and (iii) has a service-connected disability rating fixed by the United States Department of Veterans Affairs.

"Service disabled veteran business" means a business concern that is at least 51% owned by one or more service disabled veterans or, in the case of a corporation, partnership, or limited liability company or other entity, at least 51% of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more individuals who are service disabled veterans and both the management and daily business operations are controlled by one or more individuals who are service disabled veterans.

"Veteran" means an individual who has served in the active military, naval or air service, and who was discharged or released therefrom under conditions other than dishonorable.

§ 2.2-2001.1. Program for mental health and rehabilitative services.

The Department, in cooperation with the Department of Behavioral Health and Developmental Services and the Department of Rehabilitative Services, shall establish a program to monitor and coordinate mental health and rehabilitative services support for Virginia veterans and members of the Virginia National Guard and Virginia residents in the Armed Forces Reserves not in active federal service. The program shall also support family members affected by covered military members' service and deployments. The purpose of the program is to ensure that adequate and timely assessment, treatment, and support are available to veterans, service members, and affected family members.

The program shall facilitate support for covered individuals to provide timely assessment and treatment for stress-related injuries and traumatic brain injuries resulting from military service, and subject to the availability of public and private funds appropriated for them, case management services, outpatient, family support, and other appropriate behavioral health and brain injury services necessary to provide individual services and support.

The program shall cooperate with localities that may establish special treatment procedures for veterans and active military service members in the criminal justice system such as authorized by §§ 9.1-173 and 9.1-174. To facilitate local involvement and flexibility in responding to the problem of crime in local communities and to effectively treat, counsel, rehabilitate, and supervise veterans and active military service members who are offenders or defendants in the criminal justice system and who need access to proper treatment for mental illness including major depression, alcohol or drug abuse, post traumatic stress disorder, traumatic brain injury or a combination of these, any city, county, or combination thereof, may develop, establish, and maintain policies, procedures, and treatment services for all such offenders who are convicted and sentenced for misdemeanors or felonies that are not felony acts of violence, as defined in § 19.2-297.1. Such policies, procedures, and treatments services shall be designed to provide:

1. Coordination of treatment and counseling services available to the criminal justice system case processing;

2. Enhanced public safety through offender supervision, counseling, and treatment;

3. Prompt identification and placement of eligible participants;

4. Access to a continuum of treatment, rehabilitation, and counseling services in collaboration with such care providers as are willing an able to provide the services needed;

5. Where appropriate, verified participant abstinence through frequent alcohol and other drug testing;

6. Prompt response to participants' noncompliance with program requirements;

7. Ongoing monitoring and evaluation of program effectiveness and efficiency;

8. Ongoing education and training in support of program effectiveness and efficiency;

9. Ongoing collaboration among public agencies, community-based organizations and the U.S. Department of Veterans Affairs health care networks, the Veterans Benefits Administration, volunteer veteran mentors, and veterans and military family support organizations; and

10. The creation of a veterans and military service members' advisory council to provide input on the operations of such programs. The council shall include individuals responsible for the criminal justice procedures program along with veterans and, if available, active military service members.

§ 9.1-173.1. Criminal justice procedures for treatment of veterans and active service members.

Localities may establish special treatment procedures for veterans and active military service members pursuant to § 2.2-2001.1.


HOUSE BILL NO. 1691
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on General Laws and Technology
on February 16, 2011)
(Patron Prior to Substitute--Delegate Stolle)
A BILL to amend the Code of Virginia by adding a section numbered 19.2-309.2, relating to criminal justice procedures for veterans, military servicemembers, and certain other persons.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 19.2-309.2 as follows:

§ 19.2-309.2. Criminal justice procedures for veterans, military servicemembers, and certain other persons.

To facilitate local involvement and flexibility in responding to the problem of crime in local communities and to effectively treat, counsel, rehabilitate, and supervise military servicemembers, veterans, and other individuals who are offenders or defendants in the criminal justice system and who need access to proper treatment for mental illness including major depression, alcohol or drug abuse, post traumatic stress disorder, traumatic brain injury, or a combination of these, any city, county, or combination thereof, may develop, establish, and maintain policies, procedures, and services to provide the judicial system with sentencing alternatives for (i) all such offenders who are convicted and sentenced for misdemeanors or felonies that are not felony acts of violence, as defined in § 19.2-297.1, and who are considered suitable candidates for alternatives that require less than incarceration in a local correctional facility and (ii) all such defendants in cases in which there has not been entered a written order adjudicating the defendant guilty. Such policies, procedures, and services shall be designed to provide:

1. Effective coordination of treatment and counseling services available to the criminal justice system case processing;

2. Enhanced public safety through intensive offender supervision, counseling, and treatment;

3. Prompt identification and placement of eligible participants;

4. Efficient access to a continuum of treatment, rehabilitation, and counseling services;

5. Where appropriate, verified participant abstinence through frequent alcohol and other drug testing;

6. Prompt response to participants? noncompliance with program requirements;

7. Ongoing monitoring and evaluation of program effectiveness and efficiency;

8. Ongoing education and training in support of program effectiveness and efficiency;

9. Ongoing collaboration among public agencies, community-based organizations, the U.S. Department of Veterans Affairs health care networks, the Veterans Benefits Administration, volunteer veteran mentors, and veterans and military family support organizations; and

10. The creation of a veterans and military servicemembers advisory council to provide input on the operations of programs. The council shall include individuals responsible for the criminal justice procedures program along with veterans and, if available, military servicemembers.


HOUSE BILL NO. 1691
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice)
(Patron Prior to Substitute--Delegate Stolle)
House Amendments in [ ] ? February 3, 2011
A BILL to provide specialty treatment procedures for veterans and military servicemembers.

Be it enacted by the General Assembly of Virginia:

1. § 1. That localities may establish for veterans and military servicemembers special treatment procedures.

A. For purposes of this section, ?servicemember? means a person who is presently serving in the armed forces of the United States, or a reserve component thereof, including the National Guard. For purposes of this section, ?veteran? means a person who has served in the armed forces of the United States, including the U.S. Coast Guard, or a reserve component of the armed forces of the United States, including the National Guard.

B. Localities may establish policies and procedures for servicemembers [ and veterans ] who are nonviolent offenders to attain the following goals: (i) effective coordination of treatment and counseling services available to the criminal justice system; (ii) enhanced public safety through intensive offender supervision, counseling, and treatment; (iii) prompt identification and placement of eligible participants; (iv) efficient access to a continuum of treatment, rehabilitation, and counseling services; (v) where appropriate, verified participant abstinence through frequent alcohol and other drug testing; (vi) prompt response to participants? noncompliance with program requirements; (vii) ongoing monitoring and evaluation of program effectiveness and efficiency; (viii) ongoing education and training in support of program effectiveness and efficiency; (ix) ongoing collaboration among public agencies, community-based organizations and the U.S. Department of Veterans Affairs? health care networks, the Veterans Benefits Administration, volunteer veteran mentors, and veteran and military family support organizations; and (x) creation of a veterans and military servicemembers advisory council to provide input on the operations of programs. The council shall include individuals responsible for the special procedures program along with veterans and, if available, military servicemembers.

C. The Department of Veterans Services shall cooperate with localities in accomplishing the purposes of this section.


HOUSE BILL NO. 1691
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on January 31, 2011)
(Patron Prior to Substitute--Delegate Stolle)
A BILL to provide specialty treatment procedures for veterans and military servicemembers.

Be it enacted by the General Assembly of Virginia:

1.  § 1. That localities may establish for veterans and military servicemembers special treatment procedures.

A. For purposes of this section, ?servicemember? means a person who is presently serving in the armed forces of the United States, or a reserve component thereof, including the National Guard. For purposes of this section, ?veteran? means a person who has served in the armed forces of the United States, including the U.S. Coast Guard, or a reserve component of the armed forces of the United States, including the National Guard.

B. Localities may establish policies and procedures for servicemembers who are nonviolent offenders to attain the following goals: (i) effective coordination of treatment and counseling services available to the criminal justice system; (ii) enhanced public safety through intensive offender supervision, counseling, and treatment; (iii) prompt identification and placement of eligible participants; (iv) efficient access to a continuum of treatment, rehabilitation, and counseling services; (v) where appropriate, verified participant abstinence through frequent alcohol and other drug testing; (vi) prompt response to participants? noncompliance with program requirements; (vii) ongoing monitoring and evaluation of program effectiveness and efficiency; (viii) ongoing education and training in support of program effectiveness and efficiency; (ix) ongoing collaboration among public agencies, community-based organizations and the U.S. Department of Veterans Affairs? health care networks, the Veterans Benefits Administration, volunteer veteran mentors, and veteran and military family support organizations; and (x) creation of a veterans and military servicemembers advisory council to provide input on the operations of programs. The council shall include individuals responsible for the special procedures program along with veterans and, if available, military servicemembers.

C. The Department of Veterans Services shall cooperate with localities in accomplishing the purposes of this section.

HOUSE BILL NO. 1691
Offered January 12, 2011
Prefiled January 10, 2011
A BILL to amend the Code of Virginia by adding a section numbered 19.2-5.1, relating to the Servicemembers and Veterans Court Act.
Patrons-- Stolle and Bulova

Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 19.2-5.1 as follows:

§ 19.2-5.1. Servicemembers and Veterans Court Act.

A. This section shall be known and may be cited as the "Servicemembers and Veterans Court Act." For purposes of this section, "servicemember" means a person who is presently serving in the armed forces of the United States, a reserve component thereof, including the National Guard. For purposes of this section, "veteran" means a person who has served in the armed forces, to include the Coast Guard, of the United States, a reserve component thereof, including the National Guard, and has been discharged under other than dishonorable conditions, except that the term ?veteran? shall not include those service members who have been discharged with a bad conduct or under other than honorable conditions resulting from offenses involving moral turpitude.

B. The General Assembly recognizes that the establishment of specialty treatment courts for veterans and members of the military who are nonviolent offenders will enable the criminal justice system to address challenges veterans and members of the military face as a result of their honorable service. It is the intent of the General Assembly by this section to (i) provide veterans and members of the military who are nonviolent offenders with an alternative to incarceration; (ii) permit veterans and members of the military to access proper treatment for mental illness, alcohol or drug abuse, post traumatic stress disorder, or traumatic brain injury, any of which appear to be related to military service, including, without limitation, any readjustment to civilian life that is necessary after service in the armed services; and (iii) enhance public safety, by facilitating the creation of servicemembers and veterans courts as means by which to accomplish these purposes.

C. The goals of servicemembers and veterans courts include: (i) reducing drug and alcohol addiction and drug and alcohol dependency among offenders who are veterans or members of the military; (ii) reducing recidivism; (iii) reducing drug-related court workloads; (iv) increasing personal, familial, and societal accountability among offenders who are veterans or members of the military; and (v) promoting effective planning and use of resources among the criminal justice system and community agencies.

D. Servicemembers and veterans courts are specialized court dockets within the existing structure of Virginia's court system offering judicial monitoring of intensive treatment and strict supervision of offenders who appear to suffer from mental illness, alcohol or drug abuse, post traumatic stress disorder, or traumatic brain injury, any of which appear to be related to military service, including, without limitation, any readjustment to civilian life that is necessary after service in the armed services. Localities, or combinations of localities, may establish a servicemembers and veterans courts. Local officials shall complete a recognized planning process before establishing a servicemembers and veterans court program.

E. Administrative oversight for implementation of the Servicemembers and Veterans Court Act shall be conducted by the Supreme Court of Virginia. The Supreme Court of Virginia shall be responsible for (i) providing technical assistance to service members and veterans courts; (ii) providing training for judges who preside over servicemembers and veterans courts; (iii) providing training to the providers of administrative, case management, and treatment services to servicemembers and veterans courts; and (iv) monitoring the completion of evaluations of the effectiveness and efficiency of servicemembers and veterans courts in the Commonwealth.

F. A state servicemembers and veterans court advisory committee shall be established to (i) evaluate and recommend standards for the planning and implementation of servicemembers and veterans courts; (ii) assist in the evaluation of their effectiveness and efficiency; and (iii) encourage and enhance cooperation among agencies that participate in their planning and implementation. The committee shall be chaired by the Chief Justice of the Supreme Court of Virginia or his designee and shall include a member of the Judicial Conference of Virginia; the Executive Secretary or his designee; the directors of the following executive branch agencies: Department of Corrections, Department of Criminal Justice Services, Department of Veterans Affairs, Department of Behavioral Health and Developmental Services, Department of Social Services; a representative of the following entities: a local community-based probation and pretrial services agency, the Virginia Association of Commonwealth's Attorneys, the Virginia Indigent Defense Commission, the Virginia Court Clerks Association, the Virginia Sheriff's Association, the Virginia Association of Chiefs of Police, the Commission on VASAP, and two representatives designated by the Virginia Drug Court Association.

G. Each locality or combination of localities that intend to establish a servicemembers and veterans court shall establish a local servicemembers and veterans court advisory committee. Each advisory committee shall ensure quality, efficiency, and fairness in the planning, implementation, and operation of the servicemembers and veterans court that serves the locality or combination of localities. Advisory committee membership shall include, but shall not be limited to the following people or their designees: (i) the chief general district court judge of each court that intends to establish a servicemembers and veterans court ; (ii) the attorney for the Commonwealth, or, where applicable, the city or county attorney who has responsibility for the prosecution of misdemeanor offenses; (iii) the public defender or a member of the local criminal defense bar in localities in which there is no public defender; (iv) the clerk of the court in which the servicemembers and veterans court is located; (v) a representative of the Virginia Department of Corrections from the local office that serves the locality or combination of localities; (vi) a representative of a local community-based probation and pretrial services agency; (vii) a local law-enforcement officer; (viii) a representative of the Department of Behavioral Health and Developmental Services or a representative of local drug treatment providers; (ix) a representative of the Department of Social Services; (x) county administrator or city manager; and (xi) any other people selected by the servicemembers and veterans court advisory committee.

H. Each local servicemembers and veterans court advisory committee shall establish criteria for the eligibility and participation of offenders who appear to suffer from mental illness, alcohol or drug abuse, post traumatic stress disorder, or traumatic brain injury, any of which appear to be related to military service, including, without limitation, any readjustment to civilian life that is necessary after service in the armed services. Subject to the provisions of this section, neither the establishment of a servicemembers and veterans court nor anything herein shall be construed as limiting the discretion of the attorney for the Commonwealth to prosecute any criminal case arising therein that he deems advisable to prosecute, except to the extent the participating attorney for the Commonwealth agrees to do so. As defined in § 17.1-805 or 19.2-297.1, adult offenders who have been convicted of a violent criminal offense within the preceding 10 years, or juvenile offenders who previously have been adjudicated not innocent of any such offense within the preceding 10 years, shall not be eligible for participation in any servicemembers and veterans court established or continued in operation pursuant to this section.

I. Each servicemembers and veterans court advisory committee shall establish policies and procedures for the operation of the court to attain the following goals: (i) effective integration of treatment and counseling services with criminal justice system case processing; (ii) enhanced public safety through intensive offender supervision, counseling, and treatment; (iii) prompt identification and placement of eligible participants; (iv) efficient access to a continuum of treatment, rehabilitation, and counseling services; (v) where appropriate, verified participant abstinence through frequent alcohol and other drug testing; (vi) prompt response to participants' noncompliance with program requirements through a coordinated strategy; (vii) ongoing judicial interaction with each servicemembers and veterans court participant; (viii) ongoing monitoring and evaluation of program effectiveness and efficiency; (ix) ongoing interdisciplinary education and training in support of program effectiveness and efficiency; and (x) ongoing collaboration among servicemembers and veterans courts, public agencies, and community-based organizations to enhance program effectiveness and efficiency.

J. Participation by an offender in a servicemembers and veterans court shall be voluntary and made pursuant only to a written agreement entered into by and between the offender and the Commonwealth with the concurrence of the court.

K. Nothing in this section shall preclude the establishment of substance abuse treatment programs and services pursuant to the deferred judgment provisions of § 18.2-251.

L. Each offender shall contribute to the cost of the substance abuse treatment, rehabilitation, and counseling services he receives while participating in a servicemembers and veterans court pursuant to guidelines developed by the servicemembers and veterans court advisory committee.

M. Nothing contained in this section shall confer a right or an expectation of a right to treatment for an offender or be construed as requiring a local servicemembers and veterans court advisory committee to accept for participation every offender.

N. The Office of the Executive Secretary shall, with the assistance of the state servicemembers and veterans court advisory committee, develop a statewide evaluation model and conduct ongoing evaluations of the effectiveness and efficiency of all local servicemembers and veterans courts. A report of these evaluations shall be submitted to the General Assembly by December 1 of each year. Each local servicemembers and veterans court advisory committee shall submit evaluative reports to the Office of the Executive Secretary as requested.

O. A locality or combination of localities may establish a local servicemembers and veterans court provided that such court is funded solely through local sources.