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Regular Session, 2014
SENATE BILL NO. 532
BY SENATORS GUILLORY, ADLEY, ALARIO, APPEL, BROOME, BROWN,
BUFFINGTON, CLAITOR, CORTEZ, CROWE, DORSEY-COLOMB,
ERDEY, JOHNS, LONG, MARTINY, MILLS, MORRELL, MORRISH,
MURRAY, NEVERS, PEACOCK, PERRY, RISER, GARY SMITH,
JOHN SMITH, TARVER, THOMPSON, WALSWORTH, WARD AND
WHITE
COURTS. Provides for the creation of the Veterans Court Program. (8/1/14)
AN ACT1
To enact Chapter 33-B of Title 13 of the Louisiana Revised Statutes of 1950, to be2
comprised of R.S. 13:5361 through 5367, to provide relative to the Veterans Court3
program; to provide for the creation; to provide for the goals; to provide definitions;4
to provide for the Veterans Court probation program; to provide for veteran indicator5
documents; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Chapter 33-B of Title 13 of the Louisiana Revised Statutes of 1950, to be8
comprised of R.S. 13:5361 through 5367 is hereby enacted to read as follows:9
CHAPTER 33-B. VETERANS COURT PROGRAM10
§5361. Short title11
This Chapter shall be known and may be cited as the "Veterans Court12
Program Treatment Act".13
§5362. Purpose14
The Legislature of Louisiana recognizes that there is a critical need for15
criminal justice system programs to assist veterans in order to reduce the16
incidence of alcohol and drug use, alcohol and drug addiction, and crimes17 SB NO. 532
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committed by veterans as a result of alcohol and drug use and alcohol and drug1
addiction. There is also a need for programs to assist veterans with mental2
health issues, including mental health diagnoses and undiagnosed mental3
illnesses. Moreover, many veterans suffer from co-occurring disorders of4
substance abuse and mental illness. These problems can cause veterans to have5
involvement with the criminal justice system. Therefore, it is the intent of the6
Legislature of Louisiana to create specialized court programs in the various7
districts of this state called "Veterans Court programs" to assist veterans in8
overcoming these issues, as they impact veterans, the criminal justice system,9
and society at large. The goal of these programs will be to reduce recidivism10
among veterans and to provide those who have served this country with the11
assistance that they need and deserve.12
§5363. Goals13
The goals of the Veterans Court program divisions created under this14
Chapter include the following:15
(1) To reduce drug abuse and alcoholism and dependency among16
offenders.17
(2) To reduce the alcohol and drug-related workload of the courts.18
(3) To reduce criminal recidivism.19
(4) To diagnose undiagnosed mental health problems and to assist in the20
care and treatment of diagnosed mental health illnesses.21
(5) To increase the personal, familial, and societal accountability of22
offenders.23
(6) To reduce prison overcrowding.24
(7) To provide employment and job training for veterans in partnership25
with the Louisiana Workforce Commission, any technical college or vocational26
school, or other institute of higher learning.27
(8) To provide housing assistance for homeless veterans in partnership28
with state, local, and federal housing authorities and nonprofit organizations.29 SB NO. 532
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(9) To provide benefits counseling from parish service officers in1
partnership with the Louisiana Department of Veterans Affairs.2
§5364. Definitions3
For the purposes of this Chapter:4
(1) "Veterans Court program" means a program that has all of the5
following essential characteristics:6
(a) The integration of health care, education, and housing assistance, as7
well as employment, job training, disability compensation counseling, and other8
rehabilitative services in the processing of cases in the criminal justice system.9
(b) Early identification and prompt placement of eligible participants in10
the program, whereby they become program participants.11
(c) The use of nonadversarial approach involving prosecutors and12
defense attorneys to promote public safety and protect the due process rights13
of program participants.14
(d) Access to continuum of alcohol, controlled substance, mental health,15
suicide assessment, intervention, treatment and management, and other related16
treatment and rehabilitative services.17
(e) Careful monitoring of treatment and services provided to program18
participants.19
(f) A coordinated strategy to govern program responses to participants'20
compliance.21
(g) Ongoing judicial interaction with program participants.22
(h) Monitoring and evaluation of program goals and effectiveness.23
(i) Continuing interdisciplinary education to promote effective program24
planning, implementation, and operations.25
(j) Development of partnerships with public agencies and community26
organizations, including but not limited to the Louisiana Department of27
Veterans Affairs, the Louisiana Workforce Commission, the United States28
Department of Veterans Affairs, and any other local, state or federal agency or29 SB NO. 532
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organization that can provide assistance to participants.1
(2) "Veteran" means a defendant with misdemeanor or felony charges2
against him who is a former or current member of the United States Armed3
Forces or organized militia of the several states and territories, including but4
not limited to a member of the Army, Navy, Air Force, Marine Corps, Coast5
Guard, National Guard, Air National Guard, Reserves, State Guard, or a6
commissioned officer of the Public Health Service, Environmental Science7
Services Administration, or National Oceanic and Atmospheric Administration,8
or its predecessor the U.S. Coast and Geodetic Survey.9
§5365. Eligibility, process10
A. Proof of a defendant's military service must be submitted to the court11
in which the criminal case is pending, and may be in any form the court12
determines to be appropriate, including but not limited to the illustrative13
examples detailed in this Section. If the defendant was discharged from regular14
active duty after January 1, 1950, proof of military service may consist of a DD15
Form 214 or its functional equivalent. If the defendant served in the military16
before January 1, 1950, proof of military service may consist of a discharge17
form, including a WD AGO 53, WD AGO 55, WD AGO 53-55, NAVPERS 553,18
NAVMC 78PD, and the NAVCG553. If the defendant was discharged from the19
Army or Air Force National Guard, he may submit NGB Form 22, Report of20
Separation and Record of Service, or NGB Form 23, or its equivalent. If21
currently serving in the military, the defendant may provide an original22
statement of service signed by or at the direction of the adjutant, personnel23
officer, or commander of the defendant's unit or superior officer within the24
defendants chain of command which identifies the defendant and his social25
security number. The statement must provide at a minium the date of entry on26
his current service period and the duration of service.27
B. The court must make a determination on the record in the docketed28
criminal case that the defendant is an eligible veteran for him to be enrolled as29 SB NO. 532
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a program participant in a Veterans Court program.1
§5366. The Veterans Court program2
A. Each district court by rule may designate as a Veterans Court3
program one or more divisions of the district court to which veterans are4
assigned and may establish a probation program to be administered by the5
presiding judge or judges thereof or by an employee designated by the court.6
B. Participation in probation programs shall be subject to the following7
provisions:8
(1) The district attorney may propose to the court that an individual9
defendant be screened for eligibility as a participant in the Veterans Court10
program if all of the following criteria are satisfied:11
(a) The individual is charged with a violation of a statute of this state12
either a felony or misdemeanor, and is determined to be a veteran as defined in13
R.S. 13:5364(2).14
(b) The district attorney has reason to believe that the individual who is15
charged could benefit by the Veterans Court program.16
(c) It is in the best interest of the community and in the interest of justice17
to provide the defendant with treatment as opposed to incarceration or other18
sanctions.19
(2) Upon receipt of the proposal provided for in Paragraph (1) of this20
Subsection, the court shall advise the defendant that he may be eligible for21
enrollment in a court-authorized treatment program through the Veterans22
Court program.23
(3)(a) If the defendant requests to undergo treatment and is accepted into24
the Veterans Court program, the defendant will be placed under the supervision25
of the Veterans Court program for the period of not less than twelve months.26
(b) During the treatment the defendant may be confined in a treatment27
facility or, at the discretion of the court, the defendant may be released on a28
probationary basis for treatment or supervised aftercare in the community.29 SB NO. 532
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(c) The court may impose any conditions reasonably related to the1
complete rehabilitation of the defendant.2
(d) The defendant shall be required to participate in any court-ordered3
alcohol and drug testing program at his own expense, unless the court4
determines that he is indigent.5
(e) If the defendant completes the Veterans Court program, and6
successfully completed all other requirements of his court-ordered probation,7
the conviction may be set aside and the prosecution dismissed in accordance8
with the provision of the Code of Criminal Procedure Articles 893 and 894. A9
defendant's successful completion of the Veterans Court program and the other10
requirements of probation may result in his discharge from supervision. If the11
defendant does not successfully complete the Veterans Court program, the12
judge may revoke the probation and impose sentence, or the judge may revoke13
the probation and order the defendant to serve the sentence previously imposed14
and suspended, or the judge may revoke the probation and order the defendant15
to be committed to the custody of the Department of Public Safety and16
Corrections and be required to serve a sentence of not more than six months17
without diminution of sentence in the intensive incarceration program pursuant18
to R.S. 15:574.4.4 and 574.5, then to be returned to the regular Veterans Court19
docket, or the court may impose any sanction provided by Code of Criminal20
Procedure Article 900, and extend probation and order that the defendant21
continue treatment for an additional period, or both.22
(4) The defendant has the right to be represented by counsel at all stages23
of a criminal prosecution and in any court hearing relating to the Veterans24
Court program. The defendant shall be represented by counsel during the25
negotiations to determine eligibility to participate in the Veterans Court26
program and shall be represented by counsel at the time of the execution of the27
probation agreement, and at any hearing to revoke the defendant's probation28
and discharge him from the program, unless the court finds and the record29 SB NO. 532
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shows that the defendant has knowingly and intelligently waived his right to1
counsel.2
(5) The defendant must agree to the Veterans Court program. If the3
defendant elects to undergo treatment and participate in the Veterans Court4
program, the court shall order an examination of the defendant by one of the5
court's designated licensed treatment programs. Treatment programs shall6
possess sufficient experience in working with criminal justice participants with7
alcohol or drug addictions, mental health problems, or all of these matters, and8
shall be certified and approved by the state of Louisiana or the U.S. Department9
of Veterans Affairs. The designated treatment program shall utilize10
standardized testing and evaluation procedures to determine whether or not the11
defendant is an appropriate candidate for a treatment program and shall report12
such findings to the court and the district attorney.13
(6) The treatment program examiner or district attorney may request14
that the defendant provide the following information to the court:15
(a) Information regarding prior criminal charges.16
(b) Education, work experience, and training.17
(c) Family history, including residence in the community.18
(d) Medical and mental history, including any psychiatric or19
psychological treatment or counseling.20
(e) Any other information reasonably related to the success of the21
treatment program.22
(7) The designated program shall recommend to the court a preliminary23
length of stay and level of care for the defendant.24
(8) In addition to the report submitted by the examiner, the judge and25
district attorney shall consider the following factors in determining whether the26
Veterans Court program would be in the interests of justice and of benefit to the27
defendant and the community:28
(a) The nature of the crime charged and the circumstances surrounding29 SB NO. 532
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the crime.1
(b) Any special characteristics or circumstances of the defendant.2
(c) Whether the defendant is a first-time offender, and, if the defendant3
has previously participated in this or a similar program, the degree of success4
attained.5
(d) Whether there is a probability that the defendant will cooperate with6
and benefit from probation and treatment through the Veterans Court7
program.8
(e) Whether the available Veterans Court program is appropriate to9
meet the needs of the defendant.10
(f) The impact of the defendant's probation and treatment upon the11
community.12
(g) Recommendations, if any, of the involved law enforcement agency.13
(h) Recommendations, if any, of the victim.14
(i) Provisions for and the likelihood of obtaining restitution from the15
defendant over the course of his probation.16
(j) Any mitigating circumstances.17
(k) Any other circumstances reasonably related to the individual18
defendant's case.19
(9) In order to be eligible for the Veterans Court program, the defendant20
must satisfy each of the following criteria:21
(a) The defendant cannot have any prior felony convictions for any22
offenses defined as crimes of violence in R.S. 14:2(B).23
(b) The crime before the court cannot be a crime of violence as defined24
in R.S. 14:2(B).25
(c) Other criminal proceedings alleging commission of a crime of26
violence as defined in R.S. 14:2(B) cannot be pending against the defendant.27
(d) The crime before the court cannot be a charge of driving under the28
influence of alcohol or any other drug or drugs that resulted in the death of a29 SB NO. 532
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person.1
(10) A defendant previously convicted or adjudicated a delinquent for2
the offense of simple battery shall not be deemed ineligible for the Veterans3
Court program on the sole basis of such status.4
(11)(a) The judge shall make the final determination of eligibility. If,5
based on the examiner's report and the recommendations of the district6
attorney and the defense counsel, the judge determines that the defendant7
should be enrolled in the Veterans Court program, the court shall accept the8
defendant's guilty plea and suspend or defer the imposition of sentence and9
place the defendant on probation under the terms and conditions of the10
Veterans Court program. The court also may impose sentence and suspend the11
execution thereof, placing the defendant on probation under the terms and12
conditions of the Veterans Court program.13
(b) If the judge determines that the defendant is not qualified for14
enrollment, the judge may state for the record the reasons for that15
determination.16
(c) A Veterans Court program team or staff may petition the court to17
reject a referral to the Veterans Court program if the Veterans Court program18
team or staff deems the defendant to be inappropriate for admission to the19
Veterans Court program. Additionally, a Veterans Court program team or staff20
may petition the court for immediate discharge of any individual who fails to21
comply with Veterans Court program rules and treatment expectations or who22
refuses to constructively engage in the treatment process.23
C. (1) In offering a defendant the opportunity to request treatment, the24
court shall advise the defendant of the following at the time of the guilty plea:25
(a) If the defendant is accepted into the Veterans Court program, then26
the defendant must waive the right to a trial. The defendant must enter a plea27
of guilty to the charge, with the stipulation that sentencing be deferred or that28
sentence be imposed, but suspended, and the defendant placed on supervised29 SB NO. 532
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probation under the usual conditions of probation and under certain special1
conditions of probation related to the completion of such treatment programs2
as are ordered by the court. During participation in the program, the defendant3
will be subject to nonadversarially determined sanctions. All adversarial4
hearings will occur during probation violation hearings.5
(b) The terms of each probation agreement shall be decided by the judge.6
The defendant must agree to enter the program and sign a probation agreement7
stating the terms and conditions of his program. The defendant must plead8
guilty to the charge in order to be eligible for the Veterans Court program.9
(2) Any probation agreement entered into pursuant to this Section shall10
include the following:11
(a) The terms of the agreement, which shall provide that if the defendant12
fulfills the obligations of the agreement, as determined by the court, then the13
criminal charges may be dismissed and the prosecution set aside in accordance14
with the provisions of Code of Criminal Procedure Articles 893 and 894, or, if15
the defendant has been sentenced following the plea of guilty, then the successful16
completion of the Veterans Court program may result in the discharge of the17
defendant from continued supervision.18
(b) A waiver by the defendant of the right to trial by jury under the laws19
and constitution of Louisiana and the United States.20
(c) The defendant's full name.21
(d) The defendant's full name at the time the complaint was filed, if22
different from the defendant's current name.23
(e) The defendant's sex and date of birth.24
(f) The crime before the court.25
(g) The date the complaint was filed.26
(h) The court in which the agreement was filed.27
(i) A stipulation of the facts upon which the charge was based, as agreed28
to by the defendant and the district attorney.29 SB NO. 532
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(j) A provision that the defendant may be required to pay a probation1
supervision fee if ordered by the court.2
(k) A provision, in cases where applicable, that the defendant may be3
required to pay restitution to the victim.4
(l) A provision, that once the defendant is receiving treatment as an5
outpatient or living in a halfway house, he will participate in appropriate job6
training or schooling or seek gainful employment if ordered by the court.7
(m) A copy of the plea agreement.8
(3) To the extent of his financial resources, a defendant who is placed9
under the supervision of the Veterans Court program may be required to pay10
a portion of or the entire cost of the treatment program to which he is assigned11
and the cost of any additional supervision that may be required, as determined12
by the Veterans Court program.13
(4) If the probationer does not have the financial resources to pay all the14
related costs of the probation program:15
(a) The court, to the extent practicable, shall arrange for the probationer16
to be assigned to a treatment program funded by the state or federal17
government.18
(b) The court, with the recommendation of the treatment program, may19
order the probationer to perform supervised work for the benefit of the20
community in lieu of paying all or a part of the costs relating to his treatment21
and supervision. The work must be performed for and under the supervising22
authority of a parish, municipality, or other political subdivision or agency of23
the state of Louisiana or a charitable organization that renders service to the24
community or its residents.25
(c) Any and all fees may be waived at the discretion of the court.26
D. (1) When appropriate, the imposition or execution of sentence shall27
be postponed while the defendant is enrolled in the treatment program. As long28
as the probationer follows the conditions of his agreement, he shall remain on29 SB NO. 532
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probation. At the conclusion of the period of probation, the district attorney, on1
advice of the person providing the probationer's treatment and the probation2
officer, may recommend that the court take one of the following courses of3
action:4
(a) That the probationer's probation be revoked and the probationer be5
sentenced because the probationer has not successfully completed the treatment6
and has violated one or more conditions of probation; or, if already sentenced,7
that the probation be revoked and the probationer be remanded to the8
appropriate custodian for service of that sentence.9
(b) That the period of probation be extended so that the probationer may10
continue the program.11
(c) That the probationer's conviction be set aside and the prosecution12
dismissed because the probationer has successfully completed all the conditions13
of his probation and treatment agreement.14
(2) The district attorney shall make the final determination on whether15
to request revocation, extension, or dismissal.16
(3)(a) If an individual who has enrolled in a program violates any of the17
conditions of his probation or his treatment agreement or appears to be18
performing unsatisfactorily in the assigned program, or if it appears that the19
probationer is not benefitting from education, treatment, or rehabilitation, the20
treatment supervisor, probation officer, or the district attorney may move the21
court for a hearing to determine if the probationer should remain in the22
program or whether the probation should be revoked and the probationer23
removed from the program and sentenced or ordered to serve any sentence24
previously imposed. If at the hearing the moving party can show sufficient proof25
that the probationer has violated his probation or his treatment agreement and26
has not shown a willingness to submit to rehabilitation, the probationer may be27
removed from the program or his treatment agreement may be changed to meet28
the probationer's specific needs.29 SB NO. 532
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(b) If the court finds that the probationer has violated a condition of his1
probation or a provision of his probation agreement and that the probationer2
should be removed from the probation program, then the court may revoke the3
probation and sentence the individual in accordance with his guilty plea or, if4
the individual has been sentenced and the sentence suspended, order the5
individual to begin serving the sentence.6
(c) If a defendant who has been admitted to the probation program fails7
to complete the program and is thereafter sentenced to jail time for the offense,8
he shall be entitled to credit for the time served in any correctional facility in9
connection with the charge before the court.10
(d) At any time and for any appropriate reason, the probationer, his11
probation officer, the district attorney, or his treatment provider may petition12
the court to reconsider, suspend, or modify its order for rehabilitation or13
treatment concerning that probationer.14
(e) The burden of proof at all such hearings shall be the burden of proof15
required to revoke probation as provided by law.16
E. The appropriate treatment program shall report the following17
changes or conditions to the district attorney at any periodic reporting period18
specified by the court:19
(1) The probationer is changed from an inpatient to an outpatient.20
(2) The probationer is transferred to another treatment center or21
program.22
(3) The probationer fails to comply with program rules and treatment23
expectations.24
(4) The probationer refuses to engage constructively in the treatment25
process.26
(5) The probationer terminates his 3participation in the treatment27
program.28
(6) The probationer is rehabilitated or has obtained the maximum29 SB NO. 532
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benefits of rehabilitation or treatment.1
F. Upon successful completion of the Veterans Court program and its2
terms and conditions, the judge, after receiving the recommendation from the3
district attorney, may vacate the judgment of conviction and dismiss the4
criminal proceedings against the probationer or may discharge the defendant5
from probation in accordance with the provisions of Code of Criminal6
Procedure Articles 893 or 894.7
G. Discharge and dismissal under this Chapter, as provided in Code of8
Criminal Procedure Articles 893 and 894, shall have the same effect as9
acquittal, except that the conviction may be considered in order to provide the10
basis for subsequent prosecution of the party as a multiple offender and shall11
be considered as an offense for the purposes of any other law or laws relating12
to cumulation of offenses. Dismissal under this Chapter shall occur only once13
with respect to any person. Nothing herein shall be construed as a basis for the14
destruction of records of the arrest and prosecution of the person.15
H. Nothing contained in this Chapter shall confer a right or an16
expectation of a right to treatment for a defendant or offender within the17
criminal justice system.18
I. Each defendant shall contribute to the cost of any treatment received19
in the Veterans Court program based upon guidelines developed by the20
Veterans Court program. Any and all fees may be waived at the discretion of21
the court.22
J. Each judicial district that establishes a Veterans Court probation23
program shall adopt written policies and guidelines for the implementation of24
a probation program in accordance with this Chapter. The policies and25
guidelines shall include provisions concerning the following:26
(1) How to examine the defendant initially to determine if he is qualified27
for enrollment.28
(2) How to advise the defendant of the program if the court has reason29 SB NO. 532
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to believe the defendant may suffer from alcohol or drug addiction or mental1
health problems or illnesses.2
(3) What licensed treatment programs are certified by the court.3
K. Each Veterans Court program shall develop a method of evaluation4
so that its effectiveness can be measured. These evaluations shall be compiled5
annually and transmitted to the judicial administrator of the Supreme Court6
of Louisiana.7
L.(1) Except as otherwise provided for by law, the registration and other8
records of a treatment facility are confidential and shall not be disclosed to any9
person not connected with the treatment facility or the Veterans Court program10
and district attorney without the consent of the patient.11
(2) The provisions of Paragraph (1) of this Subsection shall not restrict12
the use of patients' records for the purpose of research into the cause and13
treatment of alcoholism and drug addiction and mental health illnesses,14
provided that such information shall not be published in a way that discloses the15
patient's name and identifying information.16
M. No statement, or any information procured therefrom, with respect17
to the specific offenses with which the defendant is charged, which is made to18
any probation officer or program treatment worker subsequent to the granting19
of probation, shall be admissible in any civil or criminal action or proceeding,20
except a Veterans Court program probation revocation proceeding.21
N. A record of the fact that an individual has participated in a Veterans22
Court program shall be sent to the office of the attorney general and shall be23
made available upon request to any district attorney for the purpose of24
determining if an individual has previously participated in a Veterans Court25
program.26
O. (1) The provisions of Code of Criminal Procedure Article 893(A) and27
(D) which prohibit the court from suspending or deferring the imposition of28
sentences for violations of the Uniform Controlled Dangerous Substances Law29 SB NO. 532
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or for violations of R.S. 40:966(A), 967(A), 968(A), 969(A), or 970(A) shall not1
apply to prosecutions in Veterans Court programs as authorized by this2
Chapter.3
(2) The minimum mandatory sentence provided for in R.S. 14:98(D)(1)4
and (E)(1), which shall otherwise be imposed without benefit of probation,5
parole, or suspension of sentence, may be suspended if the offender is6
prosecuted in a Veterans Court program pursuant to the provisions of this7
Chapter.8
§5367. Additional veteran indicator documents9
In addition to the documents used to verify veteran status referred to in10
R.S. 13:5365(A), the following documents may be used to establish veteran11
status:12
(1) DD-2 US Uniformed Services Identification Card.13
(2) DD-214 Report of Separation.14
(3) DD-217 Discharge Certificate.15
(4) DD-256A Honorable Discharge Certificate.16
(5) DD-256AF Honorable Discharge Certificate.17
(6) DD-256CG Honorable Discharge Certificate.18
(7) DD-256MC Honorable Discharge Certificate.19
(8) DD-256N Honorable Discharge Certificate.20
(9) DD-257A General Discharge Certificate.21
(10) DD-257AF General Discharge Certificate.22
(11) DD-257CG General Discharge Certificate.23
(12) DD-257MC General Discharge Certificate.24
(13) DD-257N General Discharge Certificate.25
(14) DD-303 Certificate in Lieu of Lost or Destroyed Discharge.26
(15) DD-303AF Certificate in Lieu of Lost or Destroyed Discharge.27
(16) DD-303CG Certificate in Lieu of Lost or Destroyed Discharge.28
(17) DD-303MC Certificate in Lieu of Lost or Destroyed Discharge.29 SB NO. 532
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(18) DD-303N Certificate in Lieu of Lost or Destroyed Discharge.1
(19) AGO-525 Discharge Certificate.2
(20) AGO-755 Discharge Certificate.3
(21) AGO-01252 Discharge Certificate.4
(22) AGO-01254 Discharge Certificate.5
(23) AGO-01502 Discharge Certificate.6
(24) Bureau of Investigation No. 6 Discharge Certificate.7
(25) Bureau of Investigation No 53 Discharge Certificate.8
(26) Bureau of Investigation No 118 Discharge Certificate.9
(27) Bureau of Investigation No 213 Discharge Certificate.10
(28) NAVCG-2510 Honorable Discharge, U.S. Coast Guard.11
(29) NAVMC-455 U.S. Marine Corps Certificate of Service, In Lieu of12
Lost or Destroyed Discharge Certificate.13
(30) NAVMC-70-PD Honorable Discharge, U.S. Marine Corps.14
(31) NAVMC-78-PD U.S. Marine Corps Report of Separation.15
(32) NMC-258 A&I Discharge Certificate.16
(33) NMC-2571 A&I Honorable Discharge, U.S. Marine Corps.17
(34) NAVPERS-563 Navy Discharge-Notice of Separation from U.S.18
Naval Service.19
(35) NAVPERS-566 Standard Statement of Service.20
(36) NAVPERS-660 Honorable Discharge from U.S. Navy.21
(37) NAVPERS-661 Certificate of Discharge, U.S. Naval Service.22
(38) NAVPERS-663B Discharge Certificate.23
(39) WD AGO-53-58 Enlisted Record and Report of Separation General24
Discharge.25
(40) WD AGO-53-90 Certificate of Service.26
(41) WD AGO-53-98 Military Record and Report of Separation27
Certificate of Service.28
(42) WD AGO-280 Certificate of Service, AVS.29 SB NO. 532
SLS 14RS-662 REENGROSSED
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words in boldface type and underscored are additions.
(43) WD AGO-525 Honorable Discharge from the United States Army.1
(44) WD AGO-755 Honorable Discharge, Women's Army Auxiliary2
Corps.3
(45) WD AGO-0729 Honorable Discharge from Army of the United4
States of America.5
(46) WD AGO-01502 Certificate in Lieu of Lost or Destroyed Discharge6
Certificate.7
(47) WD AGO-01504 Discharge Certificate.8
The original instrument was prepared by James Benton. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Linda Nugent.
DIGEST
Guillory (SB 532)
Proposed law provides that the Legislature of Louisiana recognizes that there is a critical
need for criminal justice system programs to assist veterans in order to reduce the incidence
of alcohol and drug use, alcohol and drug addiction, and crimes committed by veterans as
a result of alcohol and drug use and alcohol and drug addiction. There is also a need for
programs to assist veterans with mental health issues, including mental health diagnoses and
undiagnosed mental illnesses.
Proposed law provides that the "Veterans Court Program" means a program that has the
following essential characteristics:
(1)The integration of health care, educational, and housing assistance, as well as
employment, job training, disability compensation counseling, and other
rehabilitative services in the processing of cases in the criminal justice system.
(2)Early identification and prompt placement of eligible participants in the program,
whereby they become program participants.
(3)The use of nonadversarial approach involving prosecutors and defense attorneys to
promote public safety and protect the due process rights of program participants.
(4)Access to continuum of alcohol, controlled substance, mental health, suicide
assessment, intervention, treatment and management, and other related treatment and
rehabilitative services.
(5)Careful monitoring of treatment and services provided to program participants.
(6)A coordinated strategy to govern program responses to participants' compliance.
(7)Ongoing judicial interaction with program participants.
(8)Monitoring and evaluation of program goals and effectiveness.
(9)Continuing interdisciplinary education to promote effective program planning,
implementation, and operations. SB NO. 532
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words in boldface type and underscored are additions.
(10)Development of partnerships with public agencies and community organizations,
including but not limited to the Louisiana Department of Veterans Affairs, the
Louisiana Workforce Commission, the United States Department of Veterans
Affairs, and any other state, local, or federal agency or organization that can provide
assistance to participants.
Proposed law provides that proof of a defendant's military service be submitted to the court
in which the criminal case is pending, and may be in any form the court determines to be
appropriate.
Proposed law provides that the court must make a determination on the record in the
docketed criminal case that the defendant is an eligible veteran for him to be enrolled as a
program participant in a Veterans Court program.
Proposed law provides that each district court by rule may designate as a Veterans Court
program one or more divisions of the district court to which veterans are assigned and may
establish a probation program to be administered by the presiding judge or judges thereof
or by an employee designated by the court.
Proposed law provides that upon receipt of the proposal provided for in proposed law, the
court shall advise the defendant that he may be eligible for enrollment in a court-authorized
treatment program through the Veterans Court program.
Proposed law provides that if the defendant requests to undergo treatment and is accepted
into the Veterans Court program, the defendant will be placed under the program for a period
of at least 12 months.
Proposed law provides that during the treatment the defendant may be confined in a
treatment facility or, at the discretion of the court, the defendant may be released on a
probationary basis for treatment or supervised aftercare in the community.
Proposed law provides that the court may impose any conditions reasonably related to the
complete rehabilitation of the defendant.
Proposed law provides that the defendant shall be required to participate in any court-
ordered alcohol and drug testing program at his own expense, unless indigent.
Proposed law provides that if the defendant completes the Veterans Court program, and
successfully completed all other requirements of his court-ordered probation, the conviction
may be set aside and the prosecution dismissed.
Proposed law provides that the defendant has the right to be represented by counsel at all
stages of a criminal prosecution and in any court hearing relating to the Veterans Court
program.
Proposed law provides that the defendant must agree to the Veterans Court program. If the
defendant elects to undergo treatment and participate in the Veterans Court program, the
court shall order an examination of the defendant by one of the court's designated licensed
treatment programs.
Proposed law provides that the treatment program examiner or district attorney may request
that the defendant provide the following information to the court:
(1)Information regarding prior criminal charges.
(2)Education, work experience, and training.
(3)Family history, including residence in the community. SB NO. 532
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(4)Medical and mental history, including any psychiatric or psychological treatment or
counseling.
(5)Any other information reasonably related to the success of the treatment program.
Proposed law provides that the designated program shall recommend to the court a
preliminary length of stay and level of care for the defendant.
Proposed law provides that in addition to the report submitted by the examiner, the judge and
district attorney shall consider the following factors in determining whether the Veterans
Court program would be in the interests of justice and of benefit to the defendant and the
community:
(1)The nature of the crime charged and the circumstances surrounding the crime.
(2)Any special characteristics or circumstances of the defendant.
(3)Whether the defendant is a first-time offender, and, if the defendant has previously
participated in this or a similar program, the degree of success attained.
(4)Whether there is a probability that the defendant will cooperate with and benefit
from probation and treatment through the Veterans Court program.
(5)Whether the available Veterans Court program is appropriate to meet the needs of
the defendant.
(6)The impact of the defendant's probation and treatment upon the community.
(7)Recommendations, if any, of the involved law enforcement agency.
(8)Recommendations, if any, of the victim.
(9)Provisions for and the likelihood of obtaining restitution from the defendant over the
course of his probation.
(10)Any mitigating circumstances.
(11)Any other circumstances reasonably related to the individual defendant's case.
Proposed law provides that in order to be eligible for the Veterans Court program, the
defendant must satisfy each of the following criteria:
(1)The defendant cannot have any prior felony convictions for any offenses defined as
crimes of violence.
(2)The crime before the court cannot be a crime of violence.
(3)Other criminal proceedings alleging commission of a crime of violence cannot be
pending against the defendant.
(4)The crime before the court cannot be a charge of driving under the influence of
alcohol or any other drug or drugs that resulted in the death of a person.
Proposed law provides that a defendant previously convicted or adjudicated a delinquent for
the offense of simple battery will not be deemed ineligible for the Veterans Court program
on the sole basis of such status.
Proposed law provides that the judge will make the final determination of eligibility. SB NO. 532
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words in boldface type and underscored are additions.
Proposed law provides that a Veterans Court program team or staff may petition the court
to reject a referral to the Veterans Court program if the Veterans Court program team or staff
deems the defendant to be inappropriate for admission to the Veterans Court program.
Additionally, a Veterans Court program team or staff may petition the court for immediate
discharge of any individual who fails to comply with Veterans probation program rules and
treatment expectations or who refuses to constructively engage in the treatment process.
Proposed law provides that in offering a defendant the opportunity to request treatment, the
court will advise the defendant of his legal rights and the legal consequences of his
decisions.
Proposed law provides the terms for a plea agreement.
Proposed law provides that to the extent of his financial resources, a defendant who is placed
under the supervision of the Veterans Court program may be required to pay a portion of or
the entire cost of the treatment program to which he is assigned and the cost of any
additional supervision that may be required, as determined by the Veterans Court program.
Proposed law provides that if the probationer does not have the financial resources to pay
all the related costs of the probation program, the court may arrange for treatment at a
program funded by the state or Federal government or allow the probationer to perform
supervised work in lieu of paying or waive fee.
Proposed law provides that when appropriate, the imposition or execution of sentence will
be postponed while the defendant is enrolled in the treatment program. As long as the
probationer follows the conditions of his agreement, he will remain on probation. At the
conclusion of the period of probation, the district attorney, on advice of the person providing
the probationer's treatment and the probation officer, may recommend that the court take one
of the following courses of action:
(1)That the probationer's probation be revoked and the probationer be sentenced
because the probationer has not successfully completed the treatment and has
violated one or more conditions of probation; or, if already sentenced, that the
probation be revoked and the probationer be remanded to the appropriate custodian
for service of that sentence.
(2)That the period of probation be extended so that the probationer may continue the
program.
(3)That the probationer's conviction be set aside and the prosecution dismissed because
the probationer has successfully completed all the conditions of his probation and
treatment agreement.
Proposed law provides that the district attorney will make the final determination on whether
to request revocation, extension, or dismissal.
Proposed law provides that if an individual who has enrolled in a program violates any of
the conditions of his probation or his treatment agreement or appears to be performing
unsatisfactorily in the assigned program, or if it appears that the probationer is not
benefitting from education, treatment, or rehabilitation, the treatment supervisor, probation
officer, or the district attorney may move the court for a hearing to determine if the
probationer should remain in the program or whether the probation should be revoked and
the probationer removed from the program and sentenced or ordered to serve any sentence
previously imposed.
Proposed law provides that if the court finds that the probationer has violated a condition of
his probation or a provision of his probation agreement and that the probationer should be
removed from the probation program, then the court may revoke the probation and sentence SB NO. 532
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the individual in accordance with his guilty plea or, if the individual has been sentenced and
the sentence suspended, order the individual to begin serving the sentence.
Proposed law provides that if a defendant who has been admitted to the probation program
fails to complete the program and is thereafter sentenced to jail time for the offense, he will
be entitled to credit for the time served.
Proposed law provides that at any time and for any appropriate reason, the probationer, his
probation officer, the district attorney, or his treatment provider may petition the court to
reconsider, suspend, or modify its order for rehabilitation or treatment concerning that
probationer.
Proposed law provides that the burden of proof at all such hearings will be the same burden
of proof required to revoke probation.
Proposed law provides that the appropriate treatment program will report certain specified
changes regarding the probationer to the district attorney.
Proposed law provides that upon successful completion of the Veterans Court program and
its terms and conditions, the judge, after receiving the recommendation from the district
attorney, may vacate the judgment of conviction and dismiss the criminal proceedings
against the probationer or may discharge the defendant from probation.
Proposed law provides that discharge and dismissal under proposed law will have the same
effect as acquittal, except that the conviction may be considered in order to provide the basis
for subsequent prosecution of the party as a multiple offender and will be considered as an
offense for the purposes of any other law or laws relating to cumulation of offenses.
Proposed law provides that nothing contained in proposed law will confer a right or an
expectation of a right to treatment for a defendant or offender within the criminal justice
system.
Proposed law provides that each defendant will contribute to the cost of any treatment
received in the Veterans Court program based upon guidelines developed by the Veterans
Court probation program. Any and all fees may be waived at the discretion of the court.
Proposed law provides that each judicial district that establishes a Veterans Court program
will adopt written policies and guidelines for the implementation of a probation program and
specifies guidelines to be included.
Proposed law provides that each Veterans Court program will develop a method of
evaluation so that its effectiveness can be measured. These evaluations will be compiled
annually and transmitted to the judicial administrator of the Supreme Court of Louisiana.
Proposed law provides that except as otherwise provided for by law, the registration and
other records of a treatment facility are confidential and will not be disclosed to any person
not connected with the treatment facility or the Veterans Court program and district attorney
without the consent of the patient.
Proposed law provides that the provisions of proposed law will not restrict the use of
patients' records for the purpose of research into the cause and treatment of alcoholism and
drug addiction and mental health illnesses, provided that such information will not be
published in a way that discloses the patient's name and identifying information.
Proposed law provides that no statement, or any information procured therefrom, with
respect to the specific offenses with which the defendant is charged, which is made to any
probation officer or program treatment worker subsequent to the granting of probation, will
be admissible in any civil or criminal action or proceeding, except a Veterans Court program SB NO. 532
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revocation proceeding.
Proposed law provides that a record of the fact that an individual has participated in a
Veterans Court program will be sent to the office of the attorney general and will be made
available upon request to any district attorney for the purpose of determining if an individual
has previously participated in a Veterans Court program.
Proposed law provides that the present law that prohibits the court from suspending or
deferring the imposition of sentences for violations of the Uniform Controlled Dangerous
Substances Law will not apply to prosecutions in Veterans Court probation programs as
authorized by this Chapter.
Proposed law provides that the minimum mandatory sentence provided for in third and
fourth offense DWI laws which otherwise would be imposed without benefit of probation,
parole, or suspension of sentence, may be suspended if the offender is prosecuted in a
Veterans Court program pursuant to proposed law.
Proposed law provides a list of additional documents that may be used to verify veteran
status.
Effective August 1, 2014.
(Adds R.S. 13:5361-5367)
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Adds suicide assessment, intervention, treatment and management to the
Veterans Court program services.
2. Technical amendments.