HF 45 Summary

• Creates an eligibility assessment process allowing current and former U.S. military members charged with eligible offenses to request deferred prosecution before sentencing.

• Requires defendants to release military service records and establish by clear and convincing evidence that they suffer from a service-connected applicable condition and the offense resulted from that condition.

• Military service records must be filed as confidential and sealed, with court or prosecutor able to order disclosure for in-camera review or prosecutor copies upon motion with notice to defense counsel.

• Either party may file a challenge and demand a hearing within 15 days of the court's eligibility findings.

• If eligible and found guilty, the court defers prosecution and places defendant on probation with mandatory treatment for applicable conditions including substance use disorder, PTSD, sexual trauma, traumatic brain injury, and other mental health conditions, with preference given to veterans treatment programs.