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Senate File 2287 - IntroducedA Bill ForAn Act 1establishing a veterans treatment court in each judicial
2district.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 602.6306, subsection 2, Code 2020, is
2amended to read as follows:
32. District associate judges also have jurisdiction
4in civil actions for money judgment where the amount in
5controversy does not exceed ten thousand dollars; jurisdiction
6over involuntary commitment, treatment, or hospitalization
7proceedings under chapters 125 and 229; jurisdiction of
8indictable misdemeanors, class “D” felony violations, and
9other felony arraignments; jurisdiction to enter a temporary
10or emergency order of protection under chapter 235F or 236,
11and to make court appointments and set hearings in criminal
12matters; jurisdiction to enter orders in probate which do not
13require notice and hearing and to set hearings in actions under
14chapter 633 or 633A; and the jurisdiction provided in section
15602.7101 when designated as a judge of the juvenile court; and
16the jurisdiction provided in section 602.7301 when designated
17as a judge of the veterans treatment court. While presiding in
18these subject matters a district associate judge shall employ
19district judges’ practice and procedure.
20 Sec. 2. NEW SECTION. 602.7301 Veterans treatment court.
211. A veterans treatment court is established in each
22judicial district to provide court services to veterans and to
23integrate court sanctions and incentives with substance abuse
24treatment, mental health treatment, and transitional services
25for veterans, in a judicially supervised court setting.
262. The veterans treatment court shall incorporate all of
27the following essential characteristics into its operations and
28proceedings:
29a. Integration of justice system case processing with
30alcohol and drug treatment and with mental health services.
31b. Use of a nonadversarial approach, whereby prosecution
32and defense counsel promote public safety while protecting
33participants’ due process rights.
34c. Early and prompt identification and coordinated placement
35of eligible participants in treatment programs.
-1- 1d. Coordination of access to a continuum of alcohol,
2drug, mental health, and related treatment and rehabilitation
3services.
4e. Monitoring of abstinence by frequent alcohol and drug
5testing.
6f. A strategy that governs veterans treatment court
7responses to participants’ compliance with treatment programs.
8g. Ongoing judicial interaction with all veterans who are
9eligible participants in the veterans treatment court services.
10h. Monitoring and evaluation of participants and treatment
11programs to measure the achievement of treatment goals and
12gauge treatment effectiveness.
13i. Continuing interdisciplinary education to promote
14effective veterans treatment court planning and operations.
15j. Forming of partnerships among veterans treatment courts,
16public agencies, and community-based organizations that
17generate local support and enhance veterans treatment court
18effectiveness.
193. The jurisdiction of the veterans treatment court may be
20exercised by any district judge and by any district associate
21judge who is designated by the chief judge of a judicial
22district as a judge of the veterans treatment court.
234. The chief judge shall designate one or more district
24judges and district associate judges to act as judges of the
25veterans treatment court for a judicial district. The chief
26judge may designate a veterans treatment court judge to preside
27in more than one county.
285. The designation of a judge as a veterans treatment court
29judge does not deprive the judge of other judicial functions.
30Any district judge may act as a veterans treatment court judge
31during the absence or inability to act, or upon the request, of
32the designated veterans treatment court judge.
336. The supreme court shall, in consultation with the United
34States department of veterans affairs, the Iowa department of
35veterans affairs, the county commissions of veteran affairs,
-2-1the department of human services, the state public defender,
2and the Iowa county attorneys association, prescribe rules to
3establish the jurisdiction of the veterans treatment court and
4for the administration of veterans treatment court in this
5state.
67. For the purposes of this section, “veteran” means a
7person who served in the armed forces or the reserve forces of
8the United States or who served in the national guard of any
9state.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill establishes a veterans treatment court in each
14judicial district to serve veterans and to integrate court
15sanctions and incentives with substance abuse treatment, mental
16health treatment, and transitional services. For the purposes
17of the operation of the veterans treatment court, “veteran”
18means a person who served in the armed forces or the reserve
19forces of the United States or who served in the national guard
20of any state.
21The veterans treatment court is required to integrate
22justice system case processing with alcohol and drug treatment
23and with mental health services, to use a nonadversarial
24approach in proceedings, and to provide early and prompt
25identification and placement of eligible participants in the
26treatment programs. The veterans treatment court is also
27required to establish ongoing interaction with each veteran,
28to coordinate treatment and rehabilitation services, and to
29monitor and evaluate treatment.
30The veterans treatment court is required to continue
31interdisciplinary education to promote effective veterans
32treatment court planning and operation, and to form
33partnerships among veterans treatment courts, public agencies,
34and community-based organizations.
35The bill provides that the jurisdiction of the veterans
-3-1treatment court may be exercised by any district judge and
2by any district associate judge who is designated by the
3chief judge of a judicial district as a judge of the veterans
4treatment court and requires that the chief judge shall
5designate one or more of the district judges and district
6associate judges to act as judges of the veterans treatment
7court for a judicial district. The chief judge of a district
8may designate a veterans treatment court judge to preside in
9more than one county.
10The supreme court is required to prescribe rules to
11establish the jurisdiction of the veterans treatment court
12and for the administration of the veterans treatment court in
13this state in consultation with the United States department
14of veterans affairs, the Iowa department of veterans affairs,
15the county commissions of veteran affairs, the department of
16human services, the state public defender, and the Iowa county
17attorneys association.
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2district.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 602.6306, subsection 2, Code 2020, is
2amended to read as follows:
32. District associate judges also have jurisdiction
4in civil actions for money judgment where the amount in
5controversy does not exceed ten thousand dollars; jurisdiction
6over involuntary commitment, treatment, or hospitalization
7proceedings under chapters 125 and 229; jurisdiction of
8indictable misdemeanors, class “D” felony violations, and
9other felony arraignments; jurisdiction to enter a temporary
10or emergency order of protection under chapter 235F or 236,
11and to make court appointments and set hearings in criminal
12matters; jurisdiction to enter orders in probate which do not
13require notice and hearing and to set hearings in actions under
14chapter 633 or 633A; and the jurisdiction provided in section
15602.7101 when designated as a judge of the juvenile court; and
16the jurisdiction provided in section 602.7301 when designated
17as a judge of the veterans treatment court. While presiding in
18these subject matters a district associate judge shall employ
19district judges’ practice and procedure.
20 Sec. 2. NEW SECTION. 602.7301 Veterans treatment court.
211. A veterans treatment court is established in each
22judicial district to provide court services to veterans and to
23integrate court sanctions and incentives with substance abuse
24treatment, mental health treatment, and transitional services
25for veterans, in a judicially supervised court setting.
262. The veterans treatment court shall incorporate all of
27the following essential characteristics into its operations and
28proceedings:
29a. Integration of justice system case processing with
30alcohol and drug treatment and with mental health services.
31b. Use of a nonadversarial approach, whereby prosecution
32and defense counsel promote public safety while protecting
33participants’ due process rights.
34c. Early and prompt identification and coordinated placement
35of eligible participants in treatment programs.
-1- 1d. Coordination of access to a continuum of alcohol,
2drug, mental health, and related treatment and rehabilitation
3services.
4e. Monitoring of abstinence by frequent alcohol and drug
5testing.
6f. A strategy that governs veterans treatment court
7responses to participants’ compliance with treatment programs.
8g. Ongoing judicial interaction with all veterans who are
9eligible participants in the veterans treatment court services.
10h. Monitoring and evaluation of participants and treatment
11programs to measure the achievement of treatment goals and
12gauge treatment effectiveness.
13i. Continuing interdisciplinary education to promote
14effective veterans treatment court planning and operations.
15j. Forming of partnerships among veterans treatment courts,
16public agencies, and community-based organizations that
17generate local support and enhance veterans treatment court
18effectiveness.
193. The jurisdiction of the veterans treatment court may be
20exercised by any district judge and by any district associate
21judge who is designated by the chief judge of a judicial
22district as a judge of the veterans treatment court.
234. The chief judge shall designate one or more district
24judges and district associate judges to act as judges of the
25veterans treatment court for a judicial district. The chief
26judge may designate a veterans treatment court judge to preside
27in more than one county.
285. The designation of a judge as a veterans treatment court
29judge does not deprive the judge of other judicial functions.
30Any district judge may act as a veterans treatment court judge
31during the absence or inability to act, or upon the request, of
32the designated veterans treatment court judge.
336. The supreme court shall, in consultation with the United
34States department of veterans affairs, the Iowa department of
35veterans affairs, the county commissions of veteran affairs,
-2-1the department of human services, the state public defender,
2and the Iowa county attorneys association, prescribe rules to
3establish the jurisdiction of the veterans treatment court and
4for the administration of veterans treatment court in this
5state.
67. For the purposes of this section, “veteran” means a
7person who served in the armed forces or the reserve forces of
8the United States or who served in the national guard of any
9state.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill establishes a veterans treatment court in each
14judicial district to serve veterans and to integrate court
15sanctions and incentives with substance abuse treatment, mental
16health treatment, and transitional services. For the purposes
17of the operation of the veterans treatment court, “veteran”
18means a person who served in the armed forces or the reserve
19forces of the United States or who served in the national guard
20of any state.
21The veterans treatment court is required to integrate
22justice system case processing with alcohol and drug treatment
23and with mental health services, to use a nonadversarial
24approach in proceedings, and to provide early and prompt
25identification and placement of eligible participants in the
26treatment programs. The veterans treatment court is also
27required to establish ongoing interaction with each veteran,
28to coordinate treatment and rehabilitation services, and to
29monitor and evaluate treatment.
30The veterans treatment court is required to continue
31interdisciplinary education to promote effective veterans
32treatment court planning and operation, and to form
33partnerships among veterans treatment courts, public agencies,
34and community-based organizations.
35The bill provides that the jurisdiction of the veterans
-3-1treatment court may be exercised by any district judge and
2by any district associate judge who is designated by the
3chief judge of a judicial district as a judge of the veterans
4treatment court and requires that the chief judge shall
5designate one or more of the district judges and district
6associate judges to act as judges of the veterans treatment
7court for a judicial district. The chief judge of a district
8may designate a veterans treatment court judge to preside in
9more than one county.
10The supreme court is required to prescribe rules to
11establish the jurisdiction of the veterans treatment court
12and for the administration of the veterans treatment court in
13this state in consultation with the United States department
14of veterans affairs, the Iowa department of veterans affairs,
15the county commissions of veteran affairs, the department of
16human services, the state public defender, and the Iowa county
17attorneys association.
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