HF 68 (LSB 1313YH (5) 86)

HOUSE FILE 68

BY  KRESSIG, BROWN-POWERS, KEARNS, STAED, DAWSON, JACOBY, DUNKEL, McCONKEY, and STUTSMAN

A BILL FOR

An Act establishing a veterans treatment court in each judicial district.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 602.6306, subsection 2, Code 2015, is amended to read as follows:
   2.  District associate judges also have jurisdiction in civil actions for money judgment where the amount in controversy does not exceed ten thousand dollars; jurisdiction over involuntary commitment, treatment, or hospitalization proceedings under chapters 125 and 229; jurisdiction of indictable misdemeanors, class “D” felony violations, and other felony arraignments; jurisdiction to enter a temporary or emergency order of protection under chapter 235F or 236, and to make court appointments and set hearings in criminal matters; jurisdiction to enter orders in probate which do not require notice and hearing and to set hearings in actions under chapter 633 or 633A; and the jurisdiction provided in section 602.7101 when designated as a judge of the juvenile court; and the jurisdiction provided in section 602.7301 when designated as a judge of the veterans treatment court. While presiding in these subject matters a district associate judge shall employ district judges’ practice and procedure.
    Sec. 2.  NEW SECTION.  602.7301  Veterans treatment court.
   1.  A veterans treatment court is established in each judicial district to provide court services to veterans and to integrate court sanctions and incentives with substance abuse treatment, mental health treatment, and transitional services for veterans, in a judicially supervised court setting.
   2.  The veterans treatment court shall incorporate all of the following essential characteristics into its operations and proceedings:
   a.  Integration of justice system case processing with alcohol and drug treatment and with mental health services.
   b.  Use of a nonadversarial approach, whereby prosecution and defense counsel promote public safety while protecting participants’ due process rights.
   c.  Early and prompt identification and coordinated placement of eligible participants in treatment programs.
   d.  Coordination of access to a continuum of alcohol, drug, mental health, and related treatment and rehabilitation services.
   e.  Monitoring of abstinence by frequent alcohol and drug testing.
   f.  A strategy that governs veterans treatment court responses to participants’ compliance with treatment programs.
   g.  Ongoing judicial interaction with all veterans who are eligible participants in the veterans treatment court services.
   h.  Monitoring and evaluation of participants and treatment programs to measure the achievement of treatment goals and gauge treatment effectiveness.
   i.  Continuing interdisciplinary education to promote effective veterans treatment court planning and operations.
   j.  Forming of partnerships among veterans treatment courts, public agencies, and community-based organizations that generate local support and enhance veterans treatment court effectiveness.
   3.  The jurisdiction of the veterans treatment court may be exercised by any district judge and by any district associate judge who is designated by the chief judge of a judicial district as a judge of the veterans treatment court.
   4.  The chief judge shall designate one or more district judges and district associate judges to act as judges of the veterans treatment court for a judicial district. The chief judge may designate a veterans treatment court judge to preside in more than one county.
   5.  The designation of a judge as a veterans treatment court judge does not deprive the judge of other judicial functions. Any district judge may act as a veterans treatment court judge during the absence or inability to act, or upon the request, of the designated veterans treatment court judge.
   6.  The supreme court shall, in consultation with the United States department of veterans affairs, the Iowa department of veterans affairs, the county commissions of veteran affairs, the department of human services, the state public defender, and the Iowa county attorneys association, prescribe rules to establish the jurisdiction of the veterans treatment court and for the administration of veterans treatment court in this state.
   7.  For the purposes of this section, “veteran” means a person who served in the armed forces or the reserve forces of the United States or who served in the national guard of any state.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill establishes a veterans treatment court in each judicial district to serve veterans and to integrate court sanctions and incentives with substance abuse treatment, mental health treatment, and transitional services. For the purposes of the operation of the veterans treatment court, “veteran” means a person who served in the armed forces or the reserve forces of the United States or who served in the national guard of any state.
   The veterans treatment court is required to integrate justice system case processing with alcohol and drug treatment and with mental health services, to use a nonadversarial approach in proceedings, and to provide early and prompt identification and placement of eligible participants in the treatment programs. The veterans treatment court is also required to establish ongoing interaction with each veteran, to coordinate treatment and rehabilitation services, and to monitor and evaluate treatment.
   The veterans treatment court is required to continue interdisciplinary education to promote effective veterans treatment court planning and operation, and to form partnerships among veterans treatment courts, public agencies, and community-based organizations.
   The bill provides that the jurisdiction of the veterans treatment court may be exercised by any district judge and by any district associate judge who is designated by the chief judge of a judicial district as a judge of the veterans treatment court and requires that the chief judge shall designate one or more of the district judges and district associate judges to act as judges of the veterans treatment court for a judicial district. The chief judge of a district may designate a veterans treatment court judge to preside in more than one county.
   The supreme court is required to prescribe rules to establish the jurisdiction of the veterans treatment court and for the administration of the veterans treatment court in this state in consultation with the United States department of veterans affairs, the Iowa department of veterans affairs, the county commissions of veteran affairs, the department of human services, the state public defender, and the Iowa county attorneys association.