Chapter 490-I

Section 490-I:1

    490-I:1 Implementation of Veterans Tracks. –
I. A superior or circuit court may establish a veterans track within an existing drug court or mental health court, through which the court monitors veterans and active duty members of the military with mental illnesses, substance abuse issues, or both, for compliance with individual services to change behavior which would otherwise result in criminal conduct.
II. (a) In this chapter, "veterans track" means a judicial intervention process based on the 10 key components listed in subparagraph (b). Some jurisdictions may choose to describe veterans tracks as veterans dockets, veterans behavioral health tracks, or veterans diversionary programs.
(b) The 10 key veterans track components are:
(1) Integration of alcohol, drug treatment, and mental health services within the current justice system case processing.
(2) Use of a non-adversarial approach in which prosecution and defense counsel promote public safety while protecting participants' due process rights.
(3) Early identification of eligible participants and prompt placement in the veterans track.
(4) Access to a continuum of alcohol, drug, mental health, and other related treatment and rehabilitation services.
(5) Use of frequent alcohol and other drug testing to monitor abstinence.
(6) A coordinated strategy to govern veterans tracks' responses to participants' compliance.
(7) Ongoing judicial interaction with each participant.
(8) Monitoring and evaluation to measure the achievement of program goals and gauge effectiveness.
(9) Continuing interdisciplinary education to promote effective veterans track planning, implementation, and operations.
(10) Partnerships among veterans tracks, the Veterans Administration, public agencies, and community-based organizations to generate local support and enhance veterans tracks' effectiveness.
III. Upon successful completion of a program recommended by the veterans track, an offender's case may be disposed of by the judge in the manner prescribed by the agreement and by the applicable policies and procedures adopted by the drug court or mental health court. This may include, but is not limited to, withholding criminal charges, dismissal of charges, probation, deferred sentencing, suspended sentencing, split sentencing, or a reduced period of incarceration.
IV. A person sentenced by a drug court or mental health court through the veterans track may, at least one year after successful completion of all programs and conditions imposed by the court, petition for annulment of the charges, arrest, conviction, and sentence that relate to such person's entry into the drug court or mental health court. Nothing in this section shall otherwise supplant or supersede the annulment procedures of RSA 651:5.
V. The veterans track may convene a local committee made up of community members who can provide support for the veterans track.

Source. 2017, 169:1, eff. Jan. 1, 2018.