ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

Senate: JUDE DP 7-0-0-0 | Third Read 19-7-4-0

House: FMAE DPA 4-1-1-1

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

SB 1275: mandatory prison sentences; judicial discretion

 NOW: diversion program; military members; veterans

Sponsor: Senator Gowan, LD 19

Caucus & COW

Overview

Allows a county attorney to establish a Veterans Diversion Program (Program) and to divert the prosecution of a defendant who is a veteran if they meet the Program's criteria and guidelines.

History

A county attorney is the public prosecutor of a county and must attend the superior and other courts within the county and, on behalf of the state, conduct all prosecutions for public offenses (A.R.S. § 11-532).

Veteran Courts are a process that includes the prosecutor, defense counsel, judge and the Arizona Department of Veterans' Services. A Veteran Courts program focuses on veterans who are currently in or are entering the criminal justice system and creates and supervises treatment plans to address the underlying causes of a veteran's behavior (ADVS).

Provisions

1.   Allows a county attorney to establish a 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. (Sec. 1)

2.   Specifies that a county attorney has sole discretion to decide whether to divert the prosecution of an offender before a guilty plea or trial. (Sec. 1)

3.   Stipulates that the Program may require an offender to plead guilty before entering the Program. (Sec. 1)

4.   Specifies that the Program may provide for the dismissal of a criminal complaint upon successful completion of the Program. (Sec. 1)

5.   Allows a county attorney to divert the prosecution of a defendant who is a veteran if the defendant meets the Program criteria and guidelines that are developed and agreed on by the presiding judge and prosecutor. (Sec. 1)

6.   Stipulates that a defendant who is convicted of any of the following offenses is not eligible to participate in the Program:

a.   an offense involving the death of or serious physical injury to another person;

b.   a domestic violence offense, sexual offense or offense of sexual exploitation of children; or

c. an offense in which the defendant engages in a continuing criminal enterprise. (Sec. 1)

7.    Defines military member and veteran. (Sec. 1)

Amendments

Committee on Federalism, Military Affairs and Elections

1.   Makes a technical change.

 

 

 

---------- DOCUMENT FOOTER ---------

Initials GG/AW                     SB 1275

3/26/2026        Page 0 Caucus & COW

 

---------- DOCUMENT FOOTER ---------