Municipal Veterans Treatment Court; authorize in municipalities that have a municipal drug court.

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To: Judiciary B;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Osborne

HOUSE BILL NO. 369

AN ACT TO AMEND SECTION 9-25-1, MISSISSIPPI CODE OF 1972, TO 1
AUTHORIZE A MUNICIPALITY THAT HAS A MUNICIPAL DRUG COURT TO 2
ESTABLISH A MUNICIPAL VETERANS TREATMENT COURT; AND FOR RELATED 3
PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 9-25-1, Mississippi Code of 1972, is 6
amended as follows: 7
9-25-1. (1) The Legislature recognizes that our military 8
veterans have provided an invaluable service to our country. In 9
doing so, many may have suffered the effects of, including, but 10
not limited to, post-traumatic stress disorder, traumatic brain 11
injury and depression, and may also suffer drug and alcohol 12
dependency or addiction and co-occurring mental illness and 13
substance abuse problems. As a result of this, some veterans come 14
into contact with the criminal justice system and are charged with 15
felony offenses. There is a critical need for the justice system 16
to recognize these veterans, provide accountability for their 17
wrongdoing, provide for the safety of the public, and provide for 18
the treatment of our veterans. It is the intent of the 19
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Legislature to create a framework for which specialized veterans 20
treatment courts may be established at the circuit court 21
level * * *, at the discretion of the circuit court judge, and at 22
the municipal court level, at the discretion of the municipal 23
court judge, in those municipalities operating a municipal drug 24
court. 25
(2) Authorization. (a) A circuit court judge may establish 26
a Veterans Treatment Court program. The Veterans Treatment Court 27
may, at the discretion of the circuit court judge, be a separate 28
court program or as a component of an existing intervention court 29
program. At the discretion of the circuit court judge, the 30
Veterans Treatment Court may be operated in one (1) county within 31
the circuit court district, and allow veteran participants from 32
all counties within the circuit court district to participate. 33
(b) In any municipality in which there is a municipal 34
drug court, a municipal court judge may establish a Municipal 35
Veterans Treatment Court program. The Municipal Veterans 36
Treatment Court, in the discretion of the municipal court judge, 37
may be a separate court program or a component of an existing 38
intervention court program. In the discretion of the municipal 39
court judge, the Municipal Veterans Treatment Court may accept 40
veterans for participation upon referral from any justice court or 41
municipal court within the county in which the Municipal Veterans 42
Treatment Court is located. 43
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(3) Eligibility. (a) In order to be eligible to 44
participate in a Veterans Treatment Court program established 45
under this section, the attorney representing the state must 46
consent to the defendant's participation in the program. Further, 47
the court in which the criminal case is pending must have found 48
that the defendant is a veteran of the United States Armed Forces 49
as defined in Title 38 USCS. 50
(b) Participation in the services of an alcohol and 51
drug intervention component shall only be open to the individuals 52
over whom the court has jurisdiction, except that the court may 53
agree to provide the services for individuals referred from 54
another Veterans Treatment Court. In cases transferred from 55
another jurisdiction, the receiving judge shall act as a special 56
master and make recommendations to the sentencing judge. 57
(c) (i) As a condition of participation in a Veterans 58
Treatment Court, a participant may be required to undergo a 59
chemical test or a series of chemical tests as specified by the 60
Veterans Treatment Court program. A participant may be held 61
liable for costs associated with all chemical tests required under 62
this section. However, a judge may waive any fees for testing. 63
(ii) A laboratory that performs chemical tests 64
under this section shall report the results of the tests to the 65
Veterans Treatment Courts. 66
(d) A person does not have the right to participate in 67
a Veterans Treatment Court program under this chapter. The court 68
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having jurisdiction over a person for a matter before the court 69
shall have the final determination about whether the person may 70
participate in the Veterans Treatment Court program. 71
(e) A defendant shall be excluded from participating in 72
a Veterans Treatment Court program if any one (1) of the following 73
applies: 74
(i) The crime before the court is a crime of 75
violence as set forth in paragraph (c) of this subsection. 76
(ii) The defendant does not demonstrate a 77
willingness to participate in a treatment program. 78
(iii) The defendant has been previously convicted 79
of a felony crime of violence including, but not limited to: 80
murder, rape, sexual battery, statutory rape of a child under the 81
age of sixteen (16), armed robbery, arson, aggravated kidnapping, 82
aggravated assault, stalking, or any offense involving the 83
discharge of a firearm or where serious bodily injury or death 84
resulted to any person. 85
(f) The court in which the criminal case is pending 86
shall allow an eligible defendant to choose whether to proceed 87
through the Veterans Treatment Court program or otherwise through 88
the justice system. 89
(g) Proof of matters under this section may be 90
submitted to the court in which the criminal case is pending in 91
any form the court determines to be appropriate, including 92
military service and medical records, previous determinations of a 93
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disability by a veteran's organization or by the United States 94
Department of Veterans Affairs, testimony or affidavits of other 95
veterans or service members, and prior determinations of 96
eligibility for benefits by any state or county veterans office. 97
(4) Administrative Office of Courts. With regard to any 98
Veterans Treatment Court established under this chapter, the 99
Administrative Office of Courts may do the following: 100
(a) Ensure that the structure of the intervention 101
component complies with rules adopted under this chapter and 102
applicable federal regulations. 103
(b) Revoke the authorization of a program upon a 104
determination that the program does not comply with rules adopted 105
under this chapter and applicable federal regulations. 106
(c) Enter into agreements and contracts to effectuate 107
the purposes of this chapter with: 108
(i) Another department, authority, or agency of 109
the state; 110
(ii) Another state; 111
(iii) The federal government; 112
(iv) A state-supported or private university; or 113
(v) A public or private agency, foundation, 114
corporation, or individual. 115
(d) Directly, or by contract, approve and certify any 116
intervention component established under this chapter. 117
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(e) Require, as a condition of operation, that each 118
veterans court created or funded under this chapter be certified 119
by the Administrative Office of Courts. 120
(f) Adopt rules to implement this chapter. 121
(5) State Intervention Court Advisory Committee. (a) The 122
State Intervention Court Advisory Committee shall be responsible 123
for developing statewide rules and policies as they relate to 124
Veterans Treatment Court programs. 125
(b) The State Intervention Court Advisory Committee may 126
also make recommendations to the Chief Justice, the Director of 127
the Administrative Office of Courts and state officials concerning 128
improvements to Veterans Treatment Court policies and procedures. 129
(c) The State Intervention Court Advisory Committee 130
shall act as an arbiter of disputes arising out of the operation 131
of Veterans Treatment Court programs established under this 132
chapter and make recommendations to improve the Veterans Treatment 133
Court programs. 134
(6) Funding for Veterans Treatment Courts. (a) All monies 135
received from any source by the Veterans Treatment Court program 136
shall be accumulated in a fund to be used only for Veterans 137
Treatment Court purposes. Any funds remaining in this fund at the 138
end of the fiscal year shall not lapse into the General Fund, but 139
shall be retained in the Veterans Treatment Court fund for the 140
funding of further activities by the Veterans Treatment Court 141
program. 142
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ST: Municipal Veterans Treatment Court;
authorize in municipalities that have a
municipal drug court.
(b) A Veterans Treatment Court program may apply for 143
and receive the following: 144
(i) Gifts, bequests and donations from private 145
sources. 146
(ii) Grant and contract money from governmental 147
sources. 148
(iii) Other forms of financial assistance approved 149
by the court to supplement the budget of the Veterans Treatment 150
Court program. 151
(7) Immunity. The coordinator and members of the 152
professional and administrative staff of the Veterans Treatment 153
Court program who perform duties in good faith under this chapter 154
are immune from civil liability for: 155
(a) Acts or omissions in providing services under this 156
chapter; and 157
(b) The reasonable exercise of discretion in 158
determining eligibility to participate in the Veterans Treatment 159
Court program. 160
* * * 161
SECTION 2. This act shall take effect and be in force from 162
and after July 1, 2026. 163