Sen. Pete Lee

The bill establishes a process for a defendant who has paid a monetary amount due for a criminal conviction in a district or county court to request a refund of the amount paid if: The conviction was overturned and either the charges were dismissed or the person was acquitted following a new trial; or All or part of an order for restitution was reversed and the defendant paid more restitution than was ultimately ordered. The bill directs the state court administrator to pay to the defendant the amount of any refund found due.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill allows the district attorney to consent to an assessment for suitability for participation in restorative justice practices, including victim-offender conferences, as part of a recommended sentence in a plea bargain. The bill directs that the presentence report must indicate whether the offender meets the minimum eligibility requirements for participation in restorative justice practices. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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.)