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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 7. MENTAL HEALTH AND MENTAL RETARDATION |
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Subtitle E. SPECIAL PROVISIONS RELATING TO MENTAL ILLNESS AND MENTAL RETARDATION |
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Chapter 617. VETERANS COURT PROGRAM |
Sec. 617.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY
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(a) The commissioners court of a county may establish a veterans court program for persons arrested for or charged with any misdemeanor or felony offense. A defendant is eligible to participate in a veterans court program established under this chapter only if the attorney representing the state consents to the defendant's participation in the program and if the court in which the criminal case is pending finds that the defendant:
(1) is a veteran or current member of the United States armed forces, including a member of the reserves, national guard, or state guard; and
(2) suffers from a brain injury, mental illness, or mental disorder, including post-traumatic stress disorder, that:
(A) resulted from the defendant's military service in a combat zone or other similar hazardous duty area; and
(B) materially affected the defendant's criminal conduct at issue in the case.
(b) The court in which the criminal case is pending shall allow an eligible defendant to choose whether to proceed through the veterans court program or otherwise through the criminal justice system.
(c) Proof of matters described by Subsection (a) may be submitted to the court in which the criminal case is pending in any form the court determines to be appropriate, including military service and medical records, previous determinations of a disability by a veteran's organization or by the United States Department of Veterans Affairs, testimony or affidavits of other veterans or service members, and prior determinations of eligibility for benefits by any state or county veterans office. The court's findings must accompany any docketed case.