mandatory prison sentences; judicial discretion

Plain English Breakdown

The effectiveness of the Veterans Diversion Program in reducing recidivism and improving mental health outcomes is uncertain, as this information was not provided in the official source material.

Veterans Diversion Program

This bill allows county attorneys to create a Veterans Diversion Program for military members and veterans with mental health issues related to their service.

What This Bill Does

• Allows county attorneys to establish a Veterans Diversion Program for defendants who are military members or veterans with mental health conditions linked to their service.
• Gives the county attorney sole authority to decide if an offender can be diverted from prosecution before pleading guilty or going to trial.
• Requires that criteria and guidelines for entering the program must be agreed upon by both the presiding judge and prosecutor.
• Specifies that certain offenses, such as those involving death, serious injury, domestic violence, sexual offenses, or continuing criminal enterprises, make a defendant ineligible for the Veterans Diversion Program.

Who It Names or Affects

• Military members and veterans with mental health issues related to their service who are involved in the criminal justice system.
• County attorneys responsible for establishing and overseeing the Veterans Diversion Program.
• Judges and prosecutors involved in determining eligibility for the program.

Terms To Know

Veterans Diversion Program

A program established by county attorneys to prosecute, adjudicate, and treat military members or veterans with mental health conditions related to their service.

Military member

An individual who serves in the uniformed services of the United States, including all regular, reserve, and national guard components.

Veteran

An individual who has served in and been discharged from active or inactive service in the uniformed services under honorable conditions, or dishonorably if diagnosed with certain mental health conditions.

Limits and Unknowns

• The bill does not specify a fiscal impact on the state General Fund.
• It limits judicial discretion to impose lesser sentences for certain crimes that require mandatory prison terms.

Official Summary Text

SB1275 - 572R - Senate Fact Sheet

Assigned to
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PASSED BY COW

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

AMENDED

FACT SHEET FOR
S.B. 1275

mandatory
prison sentences; judicial discretion

Purpose

Allows a county attorney to establish a Veterans Diversion Program
(Program) for the purpose of prosecuting, adjudicating and treating a defendant
who has a mental health condition related to the defendant's military service.

Background

Veteran courts currently exist in certain counties and cities in Arizona.
Veteran courts entail a process that includes prosecutors, defense counsel,
judges, the Arizona Department of Veterans' Services (AZDVS), the Department of
Veteran Affairs and other community-based organizations. Veteran courts aim to
rehabilitate and restore veterans as active, contributing members of the
community, and typically focus on veterans who are currently in, or entering,
the criminal justice system. The court creates and supervises treatment plans
to address the underlying causes of a veteran's behavior or issue, including:
1) substance abuse; 2) post-traumatic stress;

3) traumatic brain injury; 4) anger issues; and 5) domestic violence (
AZDVS
).

There is no anticipated fiscal impact to the state General Fund
associated with this legislation.

Provisions

1.

Allows a county attorney to establish a Program for the purpose of
prosecuting, adjudicating and treating a defendant with a mental health
condition related to the defendant's military service.

2.

Specifies that the county attorney has sole discretion to decide whether
to divert the prosecution of an offender.

3.

Specifies that the Program may be structured to require an offender to
plead guilty before entry into the Program and may provide for the dismissal of
a criminal complaint on successful completion of the Program.

4.

Requires the criteria and guidelines for entry into the Program to be
developed and agreed to by the presiding judge and the prosecutor.

5.

Stipulates
that considerations for Program eligibility do not apply if the offense
involved:

a)

death or serious physical injury to another person;

b)

domestic violence;

c)

a sexual offense; or

d)

engaging
in the continuance of a criminal enterprise.

6.

Defines
military member
and
veteran
.

7.

Becomes effective on the general effective date.

Amendments Adopted by
Committee of the Whole

1.

Removes the ability of a judge to impose a lesser prison sentence or
suspend the sentence in lieu of probation when sentencing a defendant for
certain crimes that require a mandatory prison term.

2.

Allows a county attorney to establish a Program for the purpose of
prosecuting, adjudicating and treating a defendant with a mental health
condition related to the defendant's military service.

3.

Specifies that the county attorney has sole discretion to decide whether
to divert the prosecution of an offender.

4.

Specifies that the Program may be structured to require an offender to
plead guilty before entry into the Program and may provide for the dismissal of
a criminal complaint on successful completion of the Program.

5.

Requires the criteria and guidelines for entry into the Program to be
developed and agreed to by the presiding judge and the prosecutor.

6.

Makes technical and conforming changes.

Senate Action

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Prepared by Senate Research

March 5, 2026

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Current Bill Text

SB1275 - 572R - S Ver

Senate Engrossed

mandatory
prison sentences; judicial discretion

(now:� diversion
program; military members; veterans)

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1275

AN
ACT

amending title 11, chapter 2, article 11,
Arizona Revised Statutes, by adding section 11-366; relating to
criminal
diversion programs
.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Title 11, chapter 2, article 11, Arizona
Revised Statutes, is amended by adding section 11-366, to read:

START_STATUTE
11-366.

Veterans diversion program; definitions

A. A county attorney may establish a
veterans diversion program for the purpose of prosecuting, adjudicating and
treating a defendant
who has
a mental health condition related
to the defendant's military service if the defendant is a military member or
veteran.

B. The county attorney has sole
discretion to decide whether to divert, before a guilty plea or a trial, the
prosecution of an offender, except that the veterans diversion program may be
structured to require an offender to plead guilty before entry into the
veterans diversion program. The veterans diversion program may provide for the
dismissal of a criminal complaint on successful completion of the veterans
diversion program.

c. Except as otherwise provided IN
title 13, the county attorney may divert the prosecution of a defendant who is
a veteran if the defendant meets the criteria and guidelines for entry into the
veterans diversion program that are developed and agreed on by the presiding
judge and the prosecutor.

D.

A DEFENDANT who is convicted of
any of the following
offenses is not eligible to participate in the veterans diversion
program
:

1. An
offense involving the death of or serious physical injury to another person.

2. A domestic violence offense as
defined in section 13-3601 or a violation of chapter 14 or 35.1 of this title.

3. An offense in which the defendant
engages in a continuing criminal enterprise.

E.
For the purposes of this section:

1. "Military member" means
an individual who serves in the uniformed services of the United States,
including all regular, reserve and national guard components of the United
States army, navy, air force, space force, marine corps and coast guard.

2.
"veteran" means
an
individual who has served in and who has been discharged, separated or released
from active or inactive service in the uniformed services of the United States,
including all regular, reserve and national guard components of the United
States army, navy, air force, SPACE force, marine corps and coast guard,
Under
either:

(
a
) Honorable conditions.

(
b
) Dishonorable
conditions if the person has been diagnosed with a mental health condition,
including:

(
i
) A substance use
disorder.

(
ii
) Military sexual
trauma.

(
iii
) A traumatic brain
injury.

(
iv
) Post-traumatic stress
disorder.
END_STATUTE