Justice-Involved Veterans

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED SENATE BILL 26-096 LLS NO. 26-0719.01 Ken Fowler x2372 SENATE SPONSORSHIP Hinrichsen, HOUSE SPONSORSHIP (None), Senate Committees House Committees Judiciary A BILL FOR AN ACT CONCERNING JUSTICE-INVOLVED VETERANS. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill allows defendant veterans to request an eligibility assessment to determine if they are eligible for veteran deferred sentencing. The bill states the offenses eligible and the requirements that must be met by veteran defendants to qualify for veteran deferred sentencing. The bill establishes what a court must include in a veteran defendant's deferred sentence and establishes what a veteran defendant must do to complete their deferred sentence and when they are eligible for discharge from probation and for dismissal of their charges. Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

The bill requires courts to consider veteran status, when disclosed, when considering the sentence of a veteran defendant. The bill requires law enforcement, courts, and corrections personnel to receive training regarding justice-involved veterans. The bill requires courts to track and report the number of veteran defendants receiving, completing, declining, and denied veteran-deferred sentences. The bill requires the division of criminal justice in the department of public safety to develop a plan to track and evaluate outcomes of veteran defendants who receive veteran-deferred sentences. The bill requires the department of corrections (department) to create a veteran identification process that must be implemented in all offender diagnostic centers that allows the department to record which offenders are veterans. The bill requires that veteran offenders be considered, when appropriate, for correctional facility veteran housing units and veteran services and have their veteran status be considered in structuring their rehabilitation program.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly finds and declares that:

(a) Over 330,000 veterans live in Colorado, many of whom have experienced combat and returned home with "invisible injuries" such as PTSD, traumatic brain injury, substance use disorder, military sexual trauma, and other trauma-related conditions;

(b) Research has found a significant correlation between military- service-related invisible injuries and aggressive, self-destructive behavior, increased suicide risk, and involvement with the criminal justice system, leading to disproportionate incarceration levels of veterans;

(c) A study found that 87% of incarcerated veterans have experienced trauma and 39% screened positive for PTSD, compared to 6% of the civilian population;

(d) Colorado has established a veterans court program to help justice-involved veterans and active-duty military members address service-related trauma through rehabilitation, treatment, and peer support;

(e) Only 5 of Colorado's 23 judicial districts have veterans court programs, meaning only 10% to 15% of Colorado justice-involved veterans have access to a veterans court program, leaving many justice-involved veterans, especially those in rural areas, without support;

(f) Establishing veteran-deferred sentencing and sentence mitigation options in courts statewide will close the justice-involved veterans support gap by helping eligible veterans with military- service-related injuries across the state receive treatment, thereby reducing recidivism, enhancing public safety, and helping veterans be successful in their communities, all while saving taxpayer money on jail and prison beds; and

(g) Establishing a standardized process to identify veterans at department of corrections diagnostic centers is a critical gateway to rehabilitation, continuity of care, and public safety, and a failure to identify veterans early results in higher correctional costs, increased medical and mental health expenditures, and missed opportunities for diversion, programming, treatment, and reentry planning.

SECTION 2. In Colorado Revised Statutes, add 18-1.3-103.8 as follows:

18-1.3-103.8. Justice-involved veterans - eligibility assessment - deferred sentencing - discharge and dismissal - data collection and evaluation - sentence mitigation - training - legislative declaration - definitions.

(1) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a) "APPLICABLE CONDITION" MEANS SUBSTANCE USE DISORDER, MILITARY SEXUAL TRAUMA, TRAUMATIC BRAIN INJURY, POST-TRAUMATIC STRESS DISORDER, OR OTHER MENTAL HEALTH CONDITION THAT IS RELATED TO AN INDIVIDUAL'S MILITARY SERVICE IN SOME MANNER, INCLUDING PSYCHOLOGICAL EFFECTS FROM A VETERAN'S TIME IN SERVICE OR A PERIOD OF FAMILY SEPARATION RELATED TO DEPLOYMENT.

(b) "ELIGIBLE OFFENSE" MEANS A FELONY OR MISDEMEANOR EXCEPT FOR A FELONY OR MISDEMEANOR THAT IS A CRIME OF VIOLENCE AS DESCRIBED IN SECTION 18-1.3-406.

(c) "VETERAN" MEANS A PERSON WHO ACTIVELY SERVED OR IS SERVING IN THE UNITED STATES ARMED FORCES. "VETERAN" INCLUDES A PERSON WHO SERVED OR IS SERVING IN THE NATIONAL GUARD OR AS A RESERVIST.

(2) Eligibility assessment.

(a) BEFORE BEING SENTENCED, A VETERAN WHO IS CONVICTED OF AN ELIGIBLE OFFENSE MAY REQUEST THAT THE COURT CONDUCT AN ELIGIBILITY ASSESSMENT TO DETERMINE WHETHER THE DEFENDANT IS ELIGIBLE FOR A DEFERRED SENTENCE PURSUANT TO THIS SECTION.

(b) A DEFENDANT WHO IS A HABITUAL OFFENDER AS DESCRIBED IN SECTION 18-1.3-801 IS NOT ELIGIBLE FOR A DEFERRED SENTENCE.

(c) UPON MAKING AN ELIGIBILITY ASSESSMENT REQUEST, THE DEFENDANT MUST RELEASE OR AUTHORIZE ACCESS TO MILITARY SERVICE REPORTS AND RECORDS RELATING TO AN ALLEGED APPLICABLE CONDITION STEMMING FROM SERVICE IN THE UNITED STATES ARMED FORCES. THE COURT SHALL FILE THESE RECORDS AS CONFIDENTIAL, AND THE RECORDS MUST REMAIN SEALED PURSUANT TO SECTION 24-72-705 (1)(a). THE DEFENDANT, THROUGH EXISTING RECORDS OR A LICENSED PROFESSIONAL EVALUATION, HAS THE BURDEN TO ESTABLISH THE DIAGNOSIS OF THE APPLICABLE CONDITION AND THE CONDITION'S CONNECTION TO MILITARY SERVICE. THE COURT, ON ITS OWN MOTION OR THE PROSECUTOR'S MOTION WITH NOTICE TO DEFENSE COUNSEL, MAY ORDER THE DEFENDANT TO FURNISH TO THE COURT FOR IN CAMERA REVIEW AND TO THE PROSECUTOR COPIES OF ALL MEDICAL AND MILITARY SERVICE REPORTS AND RECORDS PREVIOUSLY OR SUBSEQUENTLY MADE CONCERNING THE DEFENDANT'S CONDITION AND THE CONDITION'S CONNECTION TO MILITARY SERVICE.

(d) A DEFENDANT IS ELIGIBLE FOR DEFERRED SENTENCING PURSUANT TO THIS SECTION IF THE VETERAN DEFENDANT'S CHARGED OFFENSE IS AN ELIGIBLE OFFENSE, THE VETERAN DEFENDANT HAS FILED THE REQUIRED DOCUMENTS, THE DEFENDANT IS NOT A HABITUAL OFFENDER AS DESCRIBED IN SECTION 18-1.3-801, AND THE COURT DETERMINES BY A PREPONDERANCE OF THE EVIDENCE THAT:

(I) THE DEFENDANT SUFFERS FROM AN APPLICABLE CONDITION;

(II) THE CONDITION STEMS FROM THE DEFENDANT'S SERVICE IN THE UNITED STATES ARMED FORCES; AND (III) THE OFFENSE WAS COMMITTED AS A RESULT OF THE APPLICABLE CONDITION.

(e) WITHIN FOURTEEN DAYS AFTER A COURT'S ELIGIBILITY ASSESSMENT FINDING, EITHER PARTY MAY FILE A CHALLENGE AND REQUEST A HEARING ON THE DEFENDANT'S ELIGIBILITY FOR DEFERRED SENTENCING.

(3) Deferred sentencing.

(a) WHEN A COURT FINDS A DEFENDANT ELIGIBLE FOR DEFERRED SENTENCING AND THE DEFENDANT IS FOUND GUILTY AT TRIAL OR UPON A PLEA OF GUILTY, THE COURT SHALL:

(I) DEFER FURTHER PROCEEDINGS AND PLACE A DEFENDANT WHO IS ELIGIBLE FOR DEFERRED SENTENCING ON PROBATION ON REASONABLE CONDITIONS AND FOR A PERIOD NOT TO EXCEED THE MAXIMUM PERIOD PROVIDED BY LAW;

(II) IMPOSE CONDITIONS THAT INCLUDE TREATMENT, SERVICES, REHABILITATION, OR EDUCATION SUFFICIENT SO THAT, IF COMPLETED, THE DEFENDANT WOULD BE ELIGIBLE FOR DISCHARGE FROM PROBATION AND DISMISSAL OF CHARGES PURSUANT TO THIS SECTION;

(III) ORDER A MENTAL HEALTH ASSESSMENT CONDUCTED BY A LICENSED MENTAL HEALTH PROFESSIONAL; AND

(IV) ORDER COMPLETION OF A CASE PLAN CREATED BY THE PRESIDING JUDGE IN COLLABORATION WITH A VETERANS JUSTICE OUTREACH SPECIALIST FROM THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS AND THE PROBATION OFFICER ASSIGNED TO THE CASE THAT INCORPORATES THE RECOMMENDATIONS CONTAINED IN THE LICENSED MENTAL HEALTH PROFESSIONAL'S ASSESSMENT.

(b) THE COURT MAY ORDER A DEFENDANT TO ATTEND A TREATMENT PROGRAM AS A CONDITION OF PROBATION FOR A PERIOD UP TO THE MAXIMUM ALLOWABLE PERIOD PROVIDED BY LAW.

(c) IF THE COURT DETERMINES THAT A DEFENDANT IS ELIGIBLE FOR A DEFERRED SENTENCE BUT THE DEFENDANT HAS PREVIOUSLY RECEIVED A DEFERRED SENTENCE PURSUANT TO THIS SECTION FOR A FELONY OFFENSE, THE COURT MAY IMPOSE A DEFERRED SENTENCE OR SENTENCE THE DEFENDANT AS OTHERWISE PROVIDED IN LAW.

(d) IF A DEFENDANT VIOLATES A CONDITION OF THEIR PROBATION, THE COURT MAY ENTER AN ADJUDICATION OF GUILT AND PROCEED AS OTHERWISE PROVIDED IN LAW.

(e) IF AVAILABLE, THE DEFENDANT'S PROBATION MAY BE SUPERVISED BY A VETERANS COURT PROGRAM PURSUANT TO SECTION 18-1.3-202.5. A VETERANS COMMUNICATE DEFENDANT'S COMPLETION OF THE PROGRAM TO THE COURT OF ORIGINAL JURISDICTION FOR FURTHER ACTION.

A COURT PROGRAM SUCCESSFUL OR SHALL TIMELY UNSUCCESSFUL

(4) Discharge and dismissal.

(a) UPON THE EXPIRATION OF THE PERIOD OF A DEFENDANT'S PROBATION, THE COURT SHALL HOLD A HEARING TO DISCHARGE THE DEFENDANT FROM PROBATION AND DETERMINE WHETHER TO DISMISS THE PROCEEDINGS AGAINST A DEFENDANT WHO RECEIVED A DEFERRED SENTENCE PURSUANT TO THIS SECTION.

SCHEDULED SO THAT THE PARTIES HAVE ADEQUATE TIME TO PREPARE AND PRESENT ARGUMENTS REGARDING THE ISSUE OF DISMISSAL. THE PARTIES MAY SUBMIT WRITTEN ARGUMENTS TO THE COURT PRIOR TO THE DATE OF THE HEARING AND MAKE ORAL ARGUMENTS BEFORE THE COURT AT THE HEARING.

(b) THE THE HEARING MUST BE PROSECUTION SHALL PROVIDE NOTICE TO ANY IDENTIFIABLE VICTIM OF THE OFFENSE AT LEAST FOURTEEN DAYS BEFORE THE HEARING IS HELD. THE VICTIM MAY SUBMIT AN ORAL OR WRITTEN STATEMENT TO THE COURT AT THE TIME OF THE HEARING DESCRIBING THE HARM THEY SUFFERED AS A RESULT OF THE CRIME AND THE VICTIM'S RECOMMENDATION ON WHETHER THE DISMISSAL SHOULD BE GRANTED OR DENIED. THE JUDGE SHALL CONSIDER THE VICTIM'S STATEMENT WHEN MAKING THE DECISION. IF THE VICTIM NOTIFIES THE PROSECUTOR OF AN OBJECTION TO DISMISSAL AND IS NOT PRESENT AT THE HEARING, THE PROSECUTOR SHALL MAKE THE VICTIM'S OBJECTION KNOWN TO THE COURT.

(c) AFTER THE HEARING DESCRIBED IN SUBSECTION (5)(a) OF THIS SECTION, THE COURT SHALL DISMISS THE PROCEEDINGS AGAINST THE DEFENDANT IF THE COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE THAT THE DEFENDANT:

(I) SUCCESSFULLY COMPLETED PROBATION;

(II) SUCCESSFULLY COMPLETED COURT-ORDERED TREATMENT, SERVICES, OR EDUCATION TO ADDRESS THE APPLICABLE CONDITION CAUSED BY MILITARY SERVICE;

(III) DOES NOT REPRESENT A DANGER TO THE HEALTH OR SAFETY OF A VICTIM OR OTHERS; AND (IV) HAS DEMONSTRATED SIGNIFICANT BENEFIT FROM COURT-ORDERED EDUCATION, TREATMENT, OR REHABILITATION TO CLEARLY SHOW THAT A DISCHARGE AND DISMISSAL IS IN THE INTERESTS OF JUSTICE.

(d) IN DETERMINING THE INTERESTS OF JUSTICE, THE COURT MAY CONSIDER, AMONG OTHER FACTORS, THE FOLLOWING:

(I) THE DEFENDANT'S COMPLETION AND DEGREE OF PARTICIPATION IN EDUCATION, TREATMENT, OR REHABILITATION AS ORDERED BY THE COURT;

(II) THE DEFENDANT'S PROGRESS IN FORMAL EDUCATION;

(III) THE DEFENDANT'S DEVELOPMENT OF CAREER POTENTIAL;

(IV) THE DEFENDANT'S LEADERSHIP AND PERSONAL RESPONSIBILITY EFFORTS;

(V) COMMUNITY SERVICE COMPLETED BY THE DEFENDANT;

(VI) THE LEVEL OF HARM TO THE COMMUNITY FROM THE OFFENSE;

(VII) THE LEVEL OF HARM TO THE VICTIM FROM THE OFFENSE; OR

(VIII) THE STATEMENT OF THE VICTIM, IF ANY.

(e) IF THE COURT FINDS THAT THE DEFENDANT DOES NOT QUALIFY FOR DISCHARGE AND DISMISSAL PURSUANT TO THIS SECTION, THE COURT SHALL ENTER AN ADJUDICATION OF GUILT AND PROCEED AS OTHERWISE PROVIDED IN LAW.

(f) IF THE COURT FINDS THE DEFENDANT QUALIFIES FOR DISMISSAL, THE COURT SHALL DISMISS THE CHARGES AGAINST THE DEFENDANT.

(5) Data collection and evaluation.

(a) EACH JUDICIAL DISTRICT SHALL TRACK AND REPORT ANNUALLY TO THE DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY SUCCESSFULLY COMPLETING, DECLINING, AND DENIED A VETERAN DEFERRED SENTENCE. ALL DATA COLLECTED AND REPORTED MUST BE CATEGORIZED BY RACE, ETHNICITY, GENDER, AGE, MILITARY DISCHARGE CHARACTERIZATION, AND OFFENSE TYPE.

THE NUMBER OF VETERAN DEFENDANTS RECEIVING ,

(b) THE DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY SHALL DEVELOP AND IMPLEMENT A PLAN FOR TRACKING OUTCOMES AMONG VETERANS WHO RECEIVE A VETERAN-DEFERRED SENTENCE, INCLUDING RECIDIVISM, HOUSING STATUS, AND EMPLOYMENT STATUS.

(c) THE DIVISION OF CRIMINAL JUSTICE IN THE DEPARTMENT OF PUBLIC SAFETY SHALL DEVELOP A PLAN FOR OUTGOING EVALUATIONS BY VETERAN DEFENDANTS WHO RECEIVED A VETERAN-DEFERRED SENTENCE.

(6) Sentencing mitigation.

(a) AT ARRAIGNMENT, THE COURT SHALL NOTIFY A DEFENDANT THAT VETERAN STATUS MAY HAVE MITIGATION VALUE IN SENTENCING.

(b) BEFORE SENTENCING, THE COURT SHALL OFFER A DEFENDANT THE ABILITY TO COMMUNICATE THEIR VETERAN STATUS THROUGH COUNSEL NEED FOR SELF-IDENTIFICATION OF VETERAN STATUS IN OPEN COURT.

IF A DEFENDANT COMMUNICATES THEIR VETERAN STATUS TO THE COURT PRIOR TO SENTENCING AND THE DEFENDANT'S CONVICTION IS A MISDEMEANOR OR FELONY OTHER THAN A CLASS 1 FELONY OR AN OFFENSE THAT REQUIRES SEX OFFENDER REGISTRATION PURSUANT TO SECTION 16-22-103, THE COURT SHALL CONSIDER THE DEFENDANT'S VETERAN STATUS AS A MITIGATING FACTOR WHEN DETERMINING THE DEFENDANT'S SENTENCE.

OR BY OTHER MEANS , AVOIDING THE

(c) BEFORE SENTENCING, A VETERAN DEFENDANT MAY PRESENT PROOF TO THE COURT THAT THE DEFENDANT HAS, SINCE THE COMMISSION OF THE OFFENSE, ENGAGED IN SUBSTANTIAL REHABILITATIVE EFFORTS.

(d) IF PROVIDED, THE COURT SHALL CONSIDER INDIVIDUAL MERIT EARNED DURING SERVICE, OVERSEAS DEPLOYMENT, EXPOSURE TO DANGER, DETERMINING A VETERAN DEFENDANT'S SENTENCE. WHEN CONSIDERING MULTIPLE FACTORS, THE COURT SHALL GIVE ADDITIONAL CREDIT FOR EACH FACTOR. VETERAN STATUS SHALL NOT BE USED AS AN AGGREGATING FACTOR IN SENTENCING DECISIONS BY THE COURT. THE COURT SHALL CONSIDER VETERAN STATUS IN ADDITION TO ANY OTHER EXISTING MITIGATION FACTOR PROVIDED FOR MENTAL HEALTH CONDITIONS. THE COURT SHALL NOT TREAT OTHER TRAUMA SUFFERED BY A VETERAN AS A DENIAL OF THE EXISTENCE OF MILITARY TRAUMA.

AND SERVICE-CONNECTED DISABILITY RATINGS WHEN

(7) Training. LAW ENFORCEMENT, COURTS, AND CORRECTIONS PERSONNEL SHALL TRAIN INVOLVEMENT WITH THE CRIMINAL-JUSTICE SYSTEM AND VETERAN EXPOSURE TO VIOLENCE AND TRAUMA. TRAINING MUST INCLUDE TRAINING ALL THEIR EMPLOYEES ON VETERAN ON MILITARY SEXUAL TRAUMA.

SECTION 3. In Colorado Revised Statutes, 17-40-101, add (5) as follows:

17-40-101. Definitions.

As used in this article 40, unless the context otherwise requires:

(5) "VETERAN" MEANS A PERSON WHO ACTIVELY SERVED IN THE UNITED STATES ARMED FORCES AND WHO WAS DISCHARGED OR RELEASED UNDER CONDITIONS OTHER THAN DISHONORABLE, IN ACCORDANCE WITH U.S.C. TITLE 38, AS AMENDED. "VETERAN" INCLUDES A PERSON SERVING OR WHO SERVED IN THE NATIONAL GUARD OR AS A RESERVIST.

SECTION 4. In Colorado Revised Statutes, 17-40-103, amend (1) introductory portion as follows:

17-40-103. Examination of offenders - report.

(1) As soon as possible after July 1, 1974, Each offender entering the diagnostic center shall MUST receive appropriate diagnostic services, and each offender's treatment and employment needs shall be identified.

Information provided pursuant to section SECTIONS 17-40-103.5 AND 17-40-104 shall be considered in structuring the rehabilitation program.

An offender shall be assigned to the assessment program for a period not to exceed sixty days; except that an offender may be held for an additional thirty days upon approval of the executive director. Upon completion of the recommended rehabilitation report, it shall be transmitted by the superintendent THE SUPERINTENDENT SHALL TRANSMIT THE REPORT to the executive director, who, within fifteen days, shall cause the offender to be:

SECTION 5. In Colorado Revised Statutes, add 17-40-103.5 as follows:

Veteran identification process - veteran placement, programming, and services - report.

(1) THE DEPARTMENT SHALL CREATE A STANDARDIZED PROCESS TO IDENTIFY WHICH OFFENDERS ARE VETERANS. THE STANDARDIZED VETERAN IDENTIFICATION PROCESS MAY INCLUDE:

(a) DIRECT INTAKE QUESTIONING;

(b) DATA VERIFICATION WITH THE COLORADO DEPARTMENT OF MILITARY AND VETERANS AFFAIRS AND VETERANS JUSTICE OUTREACH IN THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS; OR

(c) OFFENDER MILITARY DOCUMENT REVIEW.

(2) THE DEPARTMENT SHALL IMPLEMENT IN EACH DIAGNOSTIC CENTER OPERATED BY THE DEPARTMENT THE STANDARDIZED VETERAN IDENTIFICATION PROCESS THAT ALL OFFENDERS MUST PARTAKE IN WHILE RECEIVING DIAGNOSTIC SERVICES.

(3) THE DEPARTMENT SHALL DESIGNATE VETERAN OFFENDERS AS VETERANS IN THEIR RECOMMENDED REHABILITATION REPORT.

(4) THE DEPARTMENT SHALL INCLUDE VETERAN-SPECIFIC SERVICES IN VETERAN-OFFENDER-RECOMMENDED REHABILITATION REPORTS THAT MAY INCLUDE VETERANS JUSTICE OUTREACH, TREATMENT AT A UNITED STATES DEPARTMENT OF VETERANS AFFAIRS FACILITY, MENTAL HEALTH SERVICES, SUBSTANCE USE TREATMENT, AND REENTRY PLANNING.

WHEN APPROPRIATE, VETERAN OFFENDERS MUST BE CONSIDERED FOR CORRECTIONAL FACILITY PLACEMENT IN DESIGNATED VETERAN HOUSING UNITS OR VETERAN-FOCUSED PROGRAMMING.

(6) BEGINNING IN JANUARY 2028, AND IN JANUARY EVERY YEAR THEREAFTER, THE DEPARTMENT SHALL INCLUDE, AS PART OF ITS PRESENTATION DURING ITS "SMART ACT" HEARING REQUIRED BY

SECTION 2-7-203, INFORMATION CONCERNING THE NUMBER OF IDENTIFIED INCARCERATED VETERANS, PARTICIPATION RATES IN CORRECTIONAL FACILITY VETERAN HOUSING UNITS AND VETERAN SERVICES, AND RECIDIVISM RATES FOR VETERAN OFFENDERS.

SECTION 6. In Colorado Revised Statutes, 24-72-705, amend (1)(a)(III) and (1)(a)(IV); and add (1)(a)(V) as follows: 24-72-705.

Sealing criminal justice records other than convictions - simplified process - applicability. (1) (a) On its own motion, the court shall order the defendant's criminal justice records sealed when: (III) The defendant completes a diversion agreement pursuant to section 18-1.3-101 when a criminal case has been filed; or (IV) The defendant completes a deferred judgment and sentence pursuant to section 18-1.3-102 and all counts are dismissed; OR (V) THE DEFENDANT COMPLETES A DEFERRED SENTENCE PURSUANT TO SECTION 18-1.3-103.8 AND ALL COUNTS ARE DISMISSED.

SECTION 7.

Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1

(3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

(2) This act applies to cases in which charges are filed on or after the applicable effective date of this act.