HB 17-1168

House Bill 17-1168, also known as the Criminal Court Procedures for Military Defendants, is a Colorado law that helps military veterans and active service members who face criminal charges. If someone in court is found to have mental health issues related to their military service, like PTSD or traumatic brain injury, judges must consider treatment options when deciding on sentencing. The bill also allows courts to favor probation and specialized treatment programs for these defendants if they are eligible. Additionally, it permits the sealing of a defendant's criminal records under certain conditions. Since this bill has been signed into law, military veterans and service members in Colorado who face legal issues due to their service will now have more support from the court system.

Official Summary

If a court determines that a criminal defendant is currently serving in the United States armed forces or is a veteran of such forces (military defendant) and has been diagnosed as having any of certain mental health problems relating to his or her military service, the court shall: Order the person preparing the presentence report to consult with the federal department of veterans affairs or another agency or person with suitable knowledge or experience, for the purpose of providing the court with information regarding treatment options available to the defendant, including federal, state, and local program options; and Consider such treatment options, as well as the treatment recommendations of any diagnosing or treating mental health professionals, in imposing sentence. If the court determines that a military defendant suffers sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems during his or her service in the United States armed forces and the defendant is eligible for probation, the court shall consider such fact favorably in determining whether to grant probation and in assessing whether he or she should be ordered into a federal or community-based treatment service program. The bill allows a court to order the criminal conviction records of a military defendant to be sealed when certain conditions are satisfied. (Note: This summary applies to this bill as introduced.)

Related Legislation

Votes