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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 545 By: Pugh
AS INTRODUCED
An Act relating to veterans’ treatment programs;
creating the Oklahoma Veterans ’ Treatment Act;
providing short title; defining terms; authorizing
creation of certain treatment program; directing
development and implementation of certain program;
specifying funding source for certain program;
establishing eligibility requirements for certain
program; establishing duties and responsibilities o f
certain team or coordinator; requiring certain
waivers; directing disposition of certain case;
prohibiting amendment of certain agreement;
construing provisions; requiring execution of certain
written agreement; authorizing sanctions under
certain circumstances; establishing procedures for
relapse and revocation; authorizing order for
participation in certain treatment; providing time
limitation for certain program ; authorizing order for
payment of certain fees and costs; authorizing
certain orders relate d to driving privileges;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new sec tion of law to be codified
in the Oklahoma Statutes as Section 481 of Title 22, unless there is
created a duplication in numbering, reads as follows:
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A. This section shall be known and may be cited as the
“Oklahoma Veterans’ Treatment Act”.
B. As used in this section:
1. “Service member” means any current or reserve member of the
United States Armed Forces including a member of the reserves or
National Guard;
2. “Veteran” means any former member of the United States
military including a member of th e reserves and National Guard as
defined by the United States Department of Veterans Affair s; and
3. “Veterans’ Treatment Program” means a judicial process that
utilizes specially trained court personnel to expedite a case and
explore alternatives to incarcer ation for veterans or service
members charged with criminal offenses who need treatment for post-
traumatic stress disorder (PTSD), traumatic brain injury (TBI),
mental health issues, or substance abuse treatment .
C. Any district or municipal cour t of this state may establish
a Veterans’ Treatment Program pursuant to the provisions of this
section.
D. The jurisdiction may request assistance from the Department
of Mental Health and Substance Abuse Servi ces, the United States
Department of Veterans Affairs, or other community-based programs
and agencies to assist in the development and implementation of a
Veterans’ Treatment Program and to obtain the necessary treatment
services which will assure maximum opportunity for successful
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treatment, education and rehabilitation for offenders admitted to
the program. Funding for Veterans ’ Treatment Programs shall come
from the Department of Mental Health and Substance Abuse Services
through funds budgeted for alternative courts, substance abu se
treatment, or mental health treatment, the Department of Veterans
Affairs, grants or any other private or public monies.
E. Any offender currently charged with or convicted of any
offense listed in Section 13.1 of Title 21 of the Oklahoma Statutes
in this state or another state within the last ten (10) years shall
not be eligible for the program. An offender who has previously
completed or has been discharged from a Veterans ’ Treatment Program
within the last three (3) years shall not be eligible for the
program. Eligibility and entry by an offender into the Veterans’
Treatment Program is dependent upon approval of the district
attorney, but shall not be unreasonabl y denied by the district
attorney. Traditional prosecution shall be required where an
offender is determined not appropriate for the Veterans’ Treatment
Program. Nothing in this section affects the district attorney ’s
existing authority to amend any charge.
F. The prosecutor shall refer each applicant to the Veterans’
Treatment Program team or coord inator prior to determining
eligibility and entry. The program team or coordinator shall
provide the prosecutor with all assessments and clinical evaluations
and inform the prosecutor as to the applicant’s military service and
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mental health or substance a buse issues including any evidence of
PSTD or TBI. The team or coordinator shall make a recommendation to
the prosecutor as to whether the applicant is a ppropriate for the
Veterans’ Treatment Program. The district attorney shall make the
final determination as to eligibility and entry and shall consider
the recommendation of the team or coordinator along with the
prosecutor’s assessment as to whether the safety of the victim and
the community can be reasonably assured.
G. Upon entering the Veterans ’ Treatment Program, the offender
must voluntarily agree to waive the rig ht to a speedy trial and
waive the right to a preliminary hearing. At the time an offender
is admitted to the Veterans ’ Treatment Program, any bail or
undertaking on behalf of the offender shall be exonerated.
H. The disposition of the case shall be as s pecified in the
written plea agreement whic h sets forth the penalty to be imposed
for the offense in the event of termination or volu ntary withdrawal
from the program, and the penalty to be imposed, if any, in the
event of a successful completion of the pr ogram.
1. When an offender successfully co mpletes the Veterans ’
Treatment Program, the criminal case against the offender shall be:
a. dismissed if the offense was a first felony offense ,
or
b. if the offender had a prior fe lony conviction, the
disposition shall be as specified in the written ple a
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agreement. The district attorney may dismiss the case
or offer a disposition including reduction to a
misdemeanor, a deferred sentence or a sus pended
sentence. Any statutory preclusion or prohibition on
offering such dispositions on a plea agreement sh all
be waived for those who successfully complete the
Veterans’ Treatment Program.
2. The court shall not amend the written plea agreement after
an offender has been admitted to the Veterans’ Treatment Program.
I. Nothing in this act shall preclude the e stablishment of a
Veterans’ Treatment Program from utilizing a deferred prosecution
program as authorized by Sections 305.1 through 305.6 of Title 22 of
the Oklahoma Statutes.
J. Nothing in this act shall prohibit any county or municipal
court from establishing a Veterans’ Treatment Program for
misdemeanor offenses.
K. Nothing in this act sha ll prohibit the transfer of the case
or supervision of a veteran or service member from a county without
a Veterans’ Treatment Program to one with such a program. Th e
transfer must be approved by the district attorney and the court in
both jurisdictions.
L. The defendant shall execute a written agreement to
participate in the program and shall agree to all terms and
conditions of the program including but not limited to the
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possibility of sanctions or incarceration for failing to comply with
the terms of the program.
1. If the Veterans’ Treatment Program team finds that the
defendant is not foll owing the agreed terms and conditions or that
the defendant has engaged i n further criminal conduct, the team may
request that the court impose reasonable sa nctions including but not
limited to termination from the prog ram.
2. The Veterans’ Treatment Program court shall recognize
relapses and restarts in the program , which are considered to be
part of the rehabilitation and recovery process. The court shal l
accomplish monitoring and offender accountability by ordering
progressively increasing sanctions or providing incentives rather
than removing the offender from the program when relapse occurs,
except when the offender ’s conduct requires revocation from the
program. Any revocation from the Veterans ’ Treatment Program shall
require notice to the offender and other participating partie s in
the case and a revocation hearing. A t the revocation hearing, if
the offender is found to have violated the condition s of the plea
agreement or performance contract and disciplinary sanctions have
been insufficient to g ain compliance, the offender sh all be revoked
from the program and senten ced for the offense as provided in the
plea agreement.
M. The court may order th e defendant to participate in
treatment as recommended. This tre atment may include but is not
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limited to PTSD treatment, TBI treatment, mental health or substance
abuse treatment.
N. The participation of an offender in the active treatment
portion of the Veterans ’ Treatment Program shall not exceed thirty -
six (36) months.
O. The Veterans’ Treatment Program judge may order the offende r
to pay court costs, treatment costs, dru g-testing costs, a program
user fee not to exceed Twenty Dollars ($20.00) per month, and
necessary supervision fees, unless the offender is indigent.
P. Notwithstanding any other pro vision of law, if the driving
privileges of the offender have been suspen ded, revoked, cancelled
or denied by Service Oklahoma and if the Veterans’ Treatment Program
court determines that no other means of transportatio n for the
offender is available, the court may enter a written order requiring
Service Oklahoma to stay any and all such actions against the Class
D driving privileges of the offender . The stay shall not be
construed to grant driving privileges to an offe nder who has not
been issued a driver license by Service Oklahoma or whose Oklahoma
driver license has expired , in which case the offender shall be
required to apply and be found eligible for a driver license, pass
all applicable examinations, and pay all statutory driver license
issuance or renewal fees. The offender sha ll provide proof of
insurance to the court prior to the court ordering a stay of any
driver license suspension, revocation, cancellation , or denial.
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When a court of a Veterans ’ Treatment Program enters a stay against
an order by Service Oklahoma suspending or revoking the driving
privileges of an offender, the time period set in the order by
Service Oklahoma for the suspension or revocation shall continue to
run during the stay.
SECTION 2. This act shall become effective November 1, 2023.
59-1-1462 TEK 1/17/2023 5:33:01 PM