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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
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
JUDE 2/11/26 DP 7-0-0
Prepared by Senate Research
March 5, 2026
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