S.F. No. 4426 Summary

• Allows courts to defer judgment and place military veterans on probation instead of sentencing them to jail or prison for Level 7, D7, or lower severity crimes if the offense stems from service-related conditions including sexual trauma, traumatic brain injury, PTSD, substance abuse, or mental health conditions.

• Requires courts to make a determination of military service and service-related conditions by clear and convincing evidence before granting probation, with records remaining confidential and sealed.

• Permits courts to order veterans to attend treatment programs with preference given to those with experience treating veterans, with sentence credits awarded for time served in residential treatment.

• Establishes a restorative justice process allowing courts to discharge and dismiss charges upon successful completion of probation and treatment if the veteran poses no danger and has demonstrated significant rehabilitation benefit.

• Authorizes counties and cities to create veterans pretrial diversion programs where prosecutors may dismiss charges after successful completion of court-recommended treatment, without penalty under section 477A.0175.

• Effective date: August 1, 2020.