N.H. Rev. Stat. § 490-I:1 — NH Code / Title LI / Chapter 490-I / Section 1
490-I:1 Implementation of Veterans Court.
Status: in_force

I. At least one veterans court shall be established in one circuit court and superior court in each county or district. In the court's discretion, in counties or districts where participation may be low, or where other administrative considerations may exist, a veterans court may be a track of an existing mental health court, may be combined across different counties or districts, may utilize a virtual docket, or may employ such other flexible measures as the court may determine appropriate in order to effectuate the objectives of this statute. The veterans court shall adjudicate, depending on jurisdiction, misdemeanor and felony cases and monitor treatment of veterans and active duty military members with mental illnesses, substance abuse issues, housing instability or homelessness, job instability or unemployment, or a combination of the aforementioned, in an effort to help veterans avoid behavior that would otherwise result in criminal conduct. The chief justice of the superior court and the administrative judge of the circuit court may issue administrative orders regarding veterans courts over which they have administrative authority. II. (a) In this chapter, "veterans court" means a judicial intervention court based on the 10 key components listed in subparagraph (b). (b) The 10 key veterans court components are: (1) Integration of alcohol, drug treatment, and mental health services within the current justice system case processing. (2) Use of a non-adversarial approach in which prosecution and defense counsel promote public safety while protecting participants' due process rights. (3) Early identification of eligible participants and prompt placement in the veterans court. (4) Access to a continuum of alcohol, drug, mental health, and other related treatment and rehabilitation services. (5) Use of frequent alcohol and other drug testing to monitor abstinence. (6) A coordinated strategy to govern veterans courts' responses to participants' compliance. (7) Ongoing judicial interaction with each participant. (8) Monitoring and evaluation to measure the achievement of program goals and gauge effectiveness. (9) Continuing interdisciplinary education to promote effective veterans court planning, implementation, and operations. (10) Partnerships among veterans courts, the Veterans Administration, public agencies, and community-based organizations to generate local support and enhance veterans courts' effectiveness. III. When a veteran successfully completes their veterans court-required treatment and any other case requirements, an offender's case may be disposed of by the judge in the manner prescribed by the agreement and by the applicable policies and procedures adopted by the veterans court. This may include, but is not limited to, withholding criminal charges, dismissal of charges, probation, deferred sentencing, suspended sentencing, split sentencing, or a reduced period of incarceration. IV. A successful veterans court participant may, at least one year after completion of all programs and conditions imposed by the court, petition for annulment of the charges, arrest, conviction, and sentence that relate to such person's entry into the veterans court. Nothing in this section shall otherwise supplant or supersede the annulment procedures of RSA 651:5. V. There is established the veterans court coordinator position under the supervision of the treatment courts coordinator within the administrative office of the courts. The coordinator shall, as appropriate, consult with the chief justice of the superior court or their designee, the administrative judge of the circuit court or their designee, an attorney representative of the state's county attorneys, an attorney representative of the New Hampshire public defender, an attorney representative of the attorney general's office, and the veteran's justice outreach coordinator or the equivalent who is or was already involved with a New Hampshire veteran's behavioral health track program, to determine how best to design, implement and administer all aspects of veterans courts, taking into account the specific treatment needs of veterans, sharable resources and reproducible designs of existing treatment courts, and the desired outcomes of a treatment court of this nature. VI. The veterans court may convene a local committee made up of community members who can provide support for the veterans court. VII. Where a veterans court participant charged with a felony offense must seek treatment through a circuit court drug or behavioral court in the same county, that veteran shall be allowed to participate in that drug or behavioral court even though jurisdiction shall continue to reside with the superior court. Where the veterans court judge is not the same judge overseeing a veteran's drug or mental health court treatment, the judges and treatment teams of both courts shall coordinate with one another to determine the veteran's best course of treatment and monitoring. VIII. This section does not create a right of a veteran or service member to participate in veterans court.