HF31 Summary

• Applies to military veterans charged with Severity Level 7, D7, or lower offenses (including misdemeanors and gross misdemeanors) who allege the crime resulted from service-related sexual trauma, traumatic brain injury, PTSD, substance abuse, or mental health conditions.

• Courts must determine veteran status and service connection to the alleged condition by clear and convincing evidence before sentencing, using military records and licensed professional evaluations that remain confidential.

• Eligible veterans may receive probation without a guilty judgment instead of jail or prison time, with court-ordered treatment programs lasting no longer than the maximum sentence for the offense.

• Veterans who successfully complete probation and court-ordered treatment may have charges dismissed and receive a non-public record that does not constitute a conviction, though law enforcement may access it with court order.

• Establishes optional veterans treatment courts using county veterans service officers and VA specialists, and authorizes counties and cities to create pretrial diversion programs for eligible veteran offenders without penalty; effective August 1, 2020.