CO HB1168

Courts must determine if criminal defendants are currently serving in or are veterans of the U.S. armed forces and whether they have been diagnosed with military-related mental illness by a qualified mental health professional.

When a military defendant has a service-related mental illness, courts may order presentence report preparers to consult with the Veterans Affairs Department or qualified experts regarding available treatment options (federal, state, and local programs).

Courts must consider treatment options and recommendations from mental health professionals when imposing sentences on military defendants with service-related mental illness.

If a military defendant with service-related trauma, brain injury, PTSD, substance abuse, or mental health problems is eligible for probation, courts shall consider this favorably when deciding whether to grant probation and may order participation in treatment programs.

Courts may seal criminal conviction records of military defendants who complete probation with court-ordered treatment successfully, are in substantial compliance with probation conditions, and do not pose a danger to public safety, except for sexual offenses, crimes of violence, or DUI violations.