§ 18-1.3-202.5 — Veterans court probation supervision

Colorado § 18-1.3-202.5

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Sentencing in Criminal Cases

Text

(1) If the defendant is a
veteran or is currently serving in the United States armed forces and is suffering
from a diagnosable mental health condition that is related to the veteran's military
service and the jurisdiction of trial does not have a veterans treatment court, the
defendant, with the consent of the district attorney and any victim in a victim's
rights case, may petition the court to transfer the supervision of any post
disposition of the case to a jurisdiction with a veterans treatment court.

(2) A defendant filing a petition pursuant to subsection (1) of this section
must identify the jurisdiction where the supervision of the probation in the case may
be transferred and the services or supports available in that jurisdiction's veterans
treatment court that the defendant is seeking to access.

(3) When a court receives a petition pursuant to subsection (1) of this section,
the court shall confer with the judge administering the veterans treatment court in
the jurisdiction identified in the petition and the district attorney of the jurisdiction
identified in the petition. The court may grant the petition to transfer the
supervision of probation in the case if the veterans treatment court and the district
attorney in the hosting jurisdiction consent to the transfer and that jurisdiction has
the current ability to provide the resources and support necessary to responsibly
accept the transfer.

(4) If the host jurisdiction files a motion for revocation of the veterans
treatment court program probation, the host jurisdiction shall conduct the
revocation hearing. If probation is revoked, the host jurisdiction shall refer the
matter to the original jurisdiction for resentencing.

(5) Nothing in this section prohibits the host jurisdiction from utilizing
program policies related to minor violations that are typically addressed through
graduated sanctions.

Legislative History

Source: L. 2021: Entire section added, (HB 21-1016), ch. 214, p. 1135, � 2, effective September 7.