Assigned to JUDE                                                                                                         AS 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                                                          House Action

JUDE              2/11/26      DP       7-0-0                   FMAE             3/25/26      DPA           4-1-1-1

3rd Read          3/17/26                  19-7-4                 3rd Read          6/9/26                            56-0-4

Prepared by Senate Research

June 9, 2026

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