Texas Veterans Treatment Court Programs

Government Code chapter 124 lets the commissioners court of a county establish a veterans treatment court program for people arrested for, charged with, convicted of or placed on deferred adjudication for any misdemeanor or felony (section 124.002). Eligibility. The prosecutor must consent, and the court must find that the defendant is a veteran or current member of the armed forces, including the reserves, the National Guard or the State Guard, who either suffers from a brain injury, mental illness or mental disorder, including post-traumatic stress disorder, or was a victim of military sexual trauma, where the condition occurred during or resulted from service and affected the conduct in the case, or whose participation is likely to achieve public safety through rehabilitation given the conduct, background and history. The statute has no discharge test. An eligible defendant chooses whether to use the program. What it must do (section 124.003). Provide counsel before and during participation if the case is not yet disposed of, let a participant withdraw before trial, give a court-ordered individualized treatment plan, and keep jurisdiction for at least six months. It may allow videoconference compliance. Outcome (section 124.001(b)). A participant who was not convicted or placed on deferred adjudication and who completes the program can have the case dismissed after a hearing at which the court finds dismissal in the interest of justice. Fees (section 124.005). A program may charge a reimbursement fee of up to $1,000 and the cost of testing, counselling and treatment, based on ability to pay. Courtesy supervision (section 124.006). A defendant charged in a county without a program may be placed in one in the county where the defendant works or lives or an adjacent county, and supervision can be transferred between programs. A county program may add its own residence, offense or discharge rules; the county pages say where they do.