mandatory prison sentences; judicial discretion

Plain English Breakdown

The effective date is listed only as the general effective date; no specific calendar date is provided in the source text.

Veterans Diversion Program for Military Members

This law allows county attorneys to create programs that offer treatment instead of standard prosecution for defendants who are current military members or veterans.

What This Bill Does

• Allows a county attorney to start a Veterans Diversion Program to treat eligible defendants.
• Gives the county attorney sole power to decide if an offender can join the program before trial or guilty plea.
• Permits programs to require a guilty plea for entry and allows charges to be dropped after successful completion.
• Defines who counts as a military member or veteran under this law.
• States that other agencies may still use their own diversion rules without being blocked by this program.

Who It Names or Affects

• Defendants who are current members of the U.S. uniformed services
• Defendants who have served in and been discharged from the U.S. uniformed services
• County attorneys who may establish these programs

Terms To Know

Veterans Diversion Program

A program created by a county attorney to treat military members or veterans instead of prosecuting them through the standard court process.

Military member

Anyone currently serving in any branch of the U.S. armed forces, including regular, reserve, and National Guard units.

Veteran

Someone who has served in the U.S. uniformed services and was discharged, separated, or released from that service.

Limits and Unknowns

• Defendants charged with causing death or serious physical injury to another person cannot join.
• Defendants charged with sexual offenses (Title 13, chapters 14 and 35.1) are not eligible.
• Defendants charged with engaging in a continuing criminal enterprise are not eligible.

Official Summary Text

SB1275 - 572R - Senate Fact Sheet

Assigned to
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PASSED BY HOUSE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

AMENDED

FACT SHEET FOR
S.B. 1275

mandatory
prison sentences; judicial discretion

(
NOW:
diversion program; military members; veterans
)

Purpose

Allows a county attorney to establish a Veterans Diversion Program
(Program) for the purpose of treating a defendant who is a military member or
veteran.

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 treating a defendant who
is a military member or veteran.

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.

Stipulates
that considerations for the Program do not preclude the ability of another
prosecuting agency to divert or defer the prosecution of an offender as
otherwise provided by law.

5.

Stipulates
that considerations for Program eligibility do not apply if the defendant is
charged with:

a)

death or serious physical injury to another person;

b)

a sexual offense; or

c)

engaging in the continuance of a criminal enterprise.

6.

Defines

military member
and
veteran
.

7.

Makes technical and conforming changes.

8.

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.

Amendments
Adopted by the House of Representatives

1.

Limits
the scope of the Program to treating defendants who are military members or
veterans, regardless of whether the defendant has a related mental health
condition.

2.

Removes
domestic violence as a precluding offense to Program eligibility.

3.

Precludes
defendants who are charged with specified crimes, rather than convicted of
specified crimes.

4.

Specifies
that another prosecuting agency is not precluded from diverting or deferring
the prosecution of an offender as provided by law.

5.

Removes
the requirement that the criteria and guidelines for Program entry be developed
and agreed to by the presiding judge and the prosecutor.

6.

Modifies
the definition of a qualifying
veteran
by removing the requirement that
the
veteran
by discharged, separated or released from service under
specified conditions.

7.

Makes
technical and conforming changes.

Senate Action
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House
Action

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Prepared by Senate Research

June 9, 2026

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Current Bill Text

Chapter 0221 - 572R - H Ver of SB1275

House Engrossed
Senate Bill

mandatory
prison sentences; judicial discretion

(now: diversion
program; military members; veterans)

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

CHAPTER 221

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 treating a defendant
who
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.� This section does not preclude the ability of another
prosecuting agency to divert or defer the PROSECUTION of an offender as
otherwise provided by law.

C.

A DEFENDANT who is charged with
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 violation of
Title 13, chapter 14 or 35.1.

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

D.
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
.
END_STATUTE

APPROVED BY THE GOVERNOR JUNE 22, 2026.

FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 22, 2026.