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Senate Engrossed
mandatory prison sentences; judicial discretion (now: diversion program; military members; veterans) |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SENATE BILL 1275 |
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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:
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.
(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.