Veterans Treatment Court HANDBOOK

Transcription

1 May 21, 2015 Jay E. Town AMERICA S WARRIOR PARTNERSHIP

2 TABLE OF CONTENTS Page I. Program Description & Functionality... 3 II. Ten Pillars & Goals of the Program... 5 III. Team Roles... 7 IV. Program Structure Phase I: Orientation & Treatment Phase II: Recovery, Development & Reintegration Phase III: Community Transition & Graduation V. Admissions Committee, Admission, Pleas & Discharge VI. Court Status Review, Incentives & Sanctions VII. Mentors VIII. Community Veterans Organizations Liaisons IX. Veterans Administration Liaisons X. Participant Assessment & Treatment XI. Case Management Officer & Program Specialists

3 XII. Miscellaneous Data Reporting & Evaluation Funding Sources Confidentiality Substance Testing & Monitoring Color Code Protocols Alcohol Monitoring Devices Prescription & Over-the-Counter Medications Other Sources for Information on s APPENDIX I (Sample Application) APPENDIX II (Sample VTC Mentors Handbook) APPENDIX III (Sample Participant Graduation Questionnaire)

4 The mission of the is to provide veterans that have entered the criminal justice system a diversionary prosecutorial method by which they can avail themselves of a holistic approach to veterans services. The context of the criminal justice system allows the prosecuting authority to maintain positive control over an individual charged with a crime while the court provides that individual veteran with the opportunity to rehabilitate themselves through myriad community, state and federal veterans resources and create a more productive, industrious and lawful life. I. PROGRAM DESCRIPTION & FUNCTIONALITY Program Description. The (or Veterans Court) program provides a means to divert eligible veteran participants from the traditional criminal justice system and provide them support and rehabilitation through comprehensive substance abuse and/or mental health treatment; education; vocational programs; and community resource referrals for housing, childcare, and transportation, all while being judicially monitored. Diversionary courts, such as VTCs, Drug Courts, Mental Health Courts, are increasingly common in the modern criminal justice era, especially in population centers. Similar to these diversionary courts, participants in VTC will have to take a plea before the court but sentencing will be withheld while the defendant participates in Veterans Court. If the participant graduates Veterans Court then the case will be dismissed. If the participant fails to graduate for any reason then the sentencing portion of the plea will be executed and the participant sentenced in the normal course. s (VTC) are a made up of an extensive collaboration between the criminal justice system (judge, prosecutor, defense lawyer) and dedicated partners, mentors, mental health specialists, addiction specialists, including criminal justice, federal veterans agencies, and local community veterans organizations. The target population includes military veterans who have been charged with felony non-violent criminal offense(s) and who are identified with substance dependency and/or serious mental health issues (discussed at length herein). The following terms and definitions apply to this Manual: Court: This refers to the itself or the presiding judge, depending on the context. The two can be used interchangeably. Prosecutor: This is the State s Attorney, District Attorney, Attorney General s Office or City Attorney, his assistants or deputies, and generally any person charged with prosecuting the underlying offense that is the subject matter of a defendant s appearance in Veterans Treatment Court. VTC: or Veterans Court. Applicant: This is the defendant prior to being accepted to the VTC. Participant: This is the defendant or defendant-participant. Dismissal: There are many ways in which a charge may be dismissed depending upon the charge itself. The general term dismissal applies to any motion, order, no bill, etc. that might result in the dismissal disposition of charges. Supervision Officer: This is the mentor of any particular participant. 3

5 Program Specialist: This is any mental health, addiction or health care service provider in the context of those who evaluate and treat a given VTC participant. VTC Functionality. The, like any diversionary court, may be adapted to fit the processes of the respective judicial circuit or jurisdiction. A VTC structure is a flexible structure with suggested and preeminent goals that ensure the efficacy and impact of every VTC Program. Despite the flexibility of a VTC Program, the process that successfully enrolls and graduates a veteran-participant in VTC will normally see the participant enter the system as follows: Veteran is arrested for a qualified, non-violent offense; The offense is VTC eligible per the stated restrictions in the VTC Application or information packet, meaning that the offense itself is per se acceptable for enrollment in VTC (special considerations may be made on case-by-case basis by prosecutor and Judge); Defendant s defense counsel requests of prosecutor the ability to apply for entry into the VTC Program; Prosecutor approves defendant s ability to make application (if such is not approved then defendant is not eligible for VTC and the case is prosecuted in the normal course); Defendant-participant makes formal application to participate in VTC, normally through defendant s defense counsel; Application is received by the VTC and forwarded to the standing Admissions Committee for review and recommendation of approval; Admissions Committee recommends acceptance or denial of acceptance to the judge based on the information obtained in the application and/or any other information requested by the Admissions Committee; Judge makes final determination of admission, regardless of Admissions Committee recommendation but in deference to the Admissions Committee in most instances; Defendant is notified through his/her defense counsel of acceptance or denial into the VTC Program; If denied acceptance to VTC, defendant is prosecuted in the normal course; If granted acceptance to VTC defendant is placed on a docket for a plea or what becomes known as a Veterans Court Plea ; Defendant pleads guilty to the charge(s) pursuant to a plea agreement but sentencing, pursuant to the same agreement, is suspended so that defendant may participate in the VTC Program; Defendant enters Phase I of the VTC Program and is charged to complete all three phases of the VTC Program; Failure to complete any phase of the VTC Program will result in discharge from the VTC Program and immediate sentence pursuant to the previously referenced plea agreement (defendant-participants are NOT allowed to withdraw their pleas of guilty); Defendant is assessed by relevant specialists and case management officer to design the individual program for each participant; Defendant is assigned a mentor to enable the participant to have a support structure while participating in the VTC Program; 4

6 Completion of all phases of the VTC Program results in graduation from the VTC Program and dismissal of all charges that were the subject of the plea agreement. The court system is often a slow and arduous system with safeguards that often serve to significantly slow progress toward finality for a veteran in the justice system. Early identification of veterans in the criminal justice system is critical to the greatest efficacy for the veteran. Developing processes that capture that a potential applicant is a veteran, such as a simple jail intake question or subsequent notification to the VTC of an incarcerated veteran, will help all veterans in the criminal justice system in a particular jurisdiction to avail themselves of an available VTC. II. TEN PILLARS & GOALS OF THE VETERANS TREATMENT COURT PROGRAM Ten Pillars of the. The team is made up of the judge that oversees the VTC, the prosecutor, the veteran-participant s defense counsel, an admissions committee, mental health and addiction specialists and a team of mentors for each veteran-participant in the court. The team regularly reviews the mission statement, program goals, and the ten pillars to continually bolster the efficacy of the VTC. The following ten tenets of are pillars for the success of any VTC: 1. s offer a holistic approach to veterans who have entered the criminal justice system, to include alcohol, drug treatment and mental health services and also access to a variety of integrated veterans services for the participant. 2. Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting the veteran-participants due process rights. 3. Eligible participants are identified early and promptly placed in the Veterans Treatment Court Program. 4. s provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services. 5. Abstinence is monitored by frequent random alcohol and other drug testing. 6. A coordinated strategy governs responses to participants compliance and provides a common operating plan for treatment providers and other VTC personnel. 7. The Judge is the leader of the team. 8. Fundamental to the effective operation of Veterans Courts is coordinated management, monitoring and evaluation systems. 9. Continuing interdisciplinary education for all staff and team members promotes effective Veterans Court planning, implementation, and operations. 10. Forging partnerships among treatment courts, public agencies, and integrated communitybased organizations generates local support and enhances effectiveness. Ten Goals of the Program. There are several primary goals of every diversionary court. Particularly, the VTC has specific goals since the VTC deals directly with an exclusive group of defendants namely veterans. Veterans face issues that are sometimes very 5

7 different from garden variety defendants. Generally, the ten goals for every Veterans Treatment Court are as follows: 1. Promote sobriety, recovery, and stability for veterans in need by providing substance abuse and mental health treatment coupled with academic and vocational skill-building services. 2. Provide early identification of eligible program participants in an effort to compel individuals problem recognition and confront denial, while at the same time accelerating the treatment process for eligible offenders by expediting the admission process. 3. Engage in community education and partnership efforts to develop shared understanding and foster a spirit of commitment and collaboration with the Veterans Administration, treatment providers, volunteer mentors, the criminal justice system, and other organizations. 4. Address the needs of non-violent adult, alcohol and substance-abusing felony veteran offenders by establishing a non-adversarial adult Program. 5. Increase the safety to the public and encourage participants to remain substance free and/or in recovery from mental illness, and crime free, while reducing the recidivism rate and eliminating the cost of confining non-violent alcohol and substance abusive offenders, therefore providing relief to the criminal justice system. 6. Develop and implement a Mentor component to enhance treatment compliance and completion. 7. Discover any benefits of which a veteran participant may be eligible with various agencies and organizations, to include aid from state and federal agencies, seeking upgrade in discharge from the Armed Forces and determining eligibility in any program offered by applicable private organizations. 8. Compare the impact of the on the adult population and the recidivism rate of criminal offenders in treatment and traditional courts by using an outcome based method of evaluation. 9. Track the overall successes of the Program to develop a metrics of effectiveness so that other surrounding judicial circuits/jurisdictions will participate in this important program. 10. Inform and instruct local, state and federal government bodies, to include prosecutorial offices, of the overall positive impact of developing a VTC. Development and achievement of the Ten Pillars and Goals of any VTC Program will result in the most successful program possible. It will also ensure that a holistic approach to veterans services is implemented so that each veteran-participant receives the care and structure necessary. The VTC Program is a hand up, not a hand out. 6

8 III. VETERANS TREATMENT COURT TEAM ROLES A team shall be the operational entity of the program, providing a uniform and consistent focus, with the common goal of the participant s recovery and successful community reintegration. All members of the VTC Team shall act in the decorum expected and required of the Court. The following offers descriptions of suggest VTC Team Members and their respective roles in the VTC Program. Many of the titles below can be filled by the same individual or relatively small group of individuals: Team Members Generally The members of the VTC Team include the Judge, Prosecutor, defense lawyer, admission committee members, mentors, mental health specialist, addiction specialist, case management officer, various liaisons to veterans service organizations and agencies and any other person or entity the VTC deems appropriate for the care and structure of the veteranparticipant. Participate in the development of the participant s individual plan as progress is made through the program; Make recommendations for sanctions and incentives after reviewing treatment and supervision reports for participants; Provide encouragement and support to each offender throughout the program; Some roles may be executed by the same person or persons, depending on VTC requirements, planning, funding and volunteer availability. Plan and improve the policies and procedures for on a regular basis. Judge Directs the efficient operation of the Court and ensures that participant information is reported to all agencies involved; Schedules regular dockets requiring the participation or reporting of all participations; Participates in Staffing and settles disputes concerning the imposition of sanctions, incentives, or other actions when the team is not unanimous; Qualifies all mentors with the relevant Office of Courts, or similar functionary, which allows the mentors to view otherwise private information regarding the VTC participant, the criminal case and any other necessary information, to include health care/hipaa information, that will allow the mentor to perform their role in an appropriate manner; Supervises the progress of each participant by having regular court review hearings, and administers all appropriate actions consistent with the state laws. Prosecutor/District Attorney Works to educate law enforcement and the defense bar to recognize potential candidates for ; Delegates duties to a Deputy or Assistant District Attorney; Reviews new charges to assess for program eligibility; 7

9 Screens potential participants applications by reviewing current charge(s), facilitating interstate and national background checks, and requesting input of supervision concerning previous probationary supervisions; Determines if the offender meets criteria for the Program and approves or rejects admission as part of the VTC Admissions Committee; Attends all team meetings; Provides education to the public, including victims, as to the benefits of the Veterans Treatment Court Program; Keeps the team apprised of any new charges the participants may incur while in the program and recommends sanctions or termination from the program. Defense Attorney/Public Defender Review the VTC Application ensuring completion of every section of the application and that all appropriate documents or forms accompany the VTC Application; Reviews plea documents with prospective participants prior to plea, including: trial rights; waiver of rights; performance contract; phase contracts; plea bargain; and end result, whether successful or unsuccessful; Reviews plea forms and conditions with participants upon approval for admission to the ; Ensures the offender is fully cognizant of his/her rights prior to entering the Program; May join as a team member or appear before the team to help evaluate the participant s progress and argue for reduction of sanctions or particular incentives regarding clients; If the State files a motion to terminate a participant from the program, the attorney will apprise the participant of his/her rights; defend the action; and if the motion is granted, appear at sentencing with the participant; Help to educate the defense bar and community regarding all aspects of Veterans Treatment Court. Admissions Committee: Consists of select members of the VTC Team to include at least one prosecutor, one veteran, one mental health or addiction specialist and a member of the criminal defense bar; Reviews all applications submitted to the VTC; Submits recommendations for approval or disapproval to the Court on ALL applications; Develops, inquires and/or gathers any additional information from a defendant or defense counsel regarding any particular applicant in order to develop the broadest possible picture of whether an applicant should be recommended for acceptance to the VTC Program. VTC Case Management Officer: Supervises program participants on a regular basis with observed drug tests, home visits, and monitoring of status of employment and/or vocational rehabilitation attendance; Provides weekly reports to the team or as otherwise required; Tests participants by urinalysis and/or breathalyzer in accordance with the standard regulations, and according to manufacturer s instructions; Notifies the Court of any violations and accomplishments by the participants and recommends appropriate sanctions and incentives. Mental Health or Addiction Specialist Recommend initial and continued evaluations and treatment for each VTC participant; 8

10 Submits evaluation reports to the Judge or team in a timely manner so that participants can begin support of the treatment process as soon as possible; Recommends the most appropriate treatment provider for each participant based on key factors including individual legal history and current criminal charges, veteran status, indicators for treatment readiness, co-occurring mental health diagnostic criteria, type and history of drug use, age and/or sex of offender, geographic location of provider in relation to participant s home, and specialized services offered that may be relevant to the unique needs of the participant. Coordinator Submits grant applications and solicits state and federal funding for program management and development; Develops and presents orientations and handbooks for new program participants; Maintains oversight of current participant records; Coordinates statistical data collection and outcomes management information; Coordinates public relations and educational activities with local and state news agencies and the community; Informs legislators of problems and needs, as well as strengths and progress, of Veterans Treatment Court and its participants; Assists with program evaluation to improve processes; Oversees case management information system; Collects and analyzes information from entry and exit polls to improve the overall quality of the program; Provides information to the Court regarding treatment agency performance, and other reports as requested; Manages the daily operations of the program; Facilitates the orientation program for incoming participants, including distribution and explanation of the Participant Handbook and its contents; Provides leadership and direction over team staffing meetings in an effort to present a united front in court; Coordinates with treatment providers and supervision regarding participants progress in the program, as well as additional treatment or supportive needs; Advocates for incentives and sanctions for program participants based on reports from treatment and supervision; Engages in direct contact with participants on a regular basis and/or prior to each scheduled court appearance. Mentor Coordinator Recruits volunteer mentors; Screens prospective volunteer mentor candidates; Coordinates qualification of all mentors with the relevant Office of Courts, or similar functionary, which allows the mentors to view otherwise private information regarding the VTC participant, the criminal case and any other necessary information, to include health care/hipaa information, which will allow the mentor to perform their role in an appropriate manner. Educates the public about and the role of volunteers; 9

11 Assists in the retention of mentors; Organizes and conducts trainings for mentors; Plans and implements mentor recognition activities. Volunteer VTC Mentors Provide ongoing support and encouragement to program participants; Assist veterans with court proceedings; Aid VTC participants in getting all of the assistance, treatment and/or services as required or ordered by the VTC judge. Maintain weekly communication with each program participant and help provide the VTC participant with guidance throughout the program, no matter the phase. Veterans Organization Liaisons Offers a unique ability to serve as a point of contact for various government agencies, to include the Department of Veterans Affairs; Coordinates and advocates for veteran-participants benefits through various government agencies at the local, state and federal level; Coordinates with other charitable organizations to provide for a holistic approach to the veteran-participants integration into the community, to include those organizations specializing in jobs, job training, job placement, education, housing, benefits and legal assistance; Ideally, the Veterans Organization offers a holistic approach to veterans services so that the veteran-participant only need make positive contact with one organization, insuring the greatest ability to be successful in VTC and beyond; Drafts and submits grant proposals on behalf of the with funds being used to support the veteran-participant. Veterans Administration Liaisons Identify health care issues and develop a treatment plan particularized to a participant; Identify benefits owing and due a participant and develop a plan of action to make application for qualified benefits; Identify all potential claims and review previous claims that have already been denied or have yet to be determined as proper, either in part or in whole; Responsible for reviewing the initial evaluation report and referral information on each participant referred to treatment; Works with each participant to develop an individualized treatment plan utilizing a holistic approach to meet participant-identified needs; Provides a treatment orientation within 48 hours of plea and entry into the program; Provides an array of therapeutic interventions to meet the treatment needs of each participant, which may include individual and group therapy, family counseling, crisis intervention, education, rehabilitation, and case management services; Refers for additional services as needed; Intervenes appropriately upon receipt of positive drug test results; Reports on participants progress including non-compliance issues as they occur via written (web based) report and team staffing meetings; Utilize pre-approved and evidence-based curriculum for therapeutic interventions; 10

12 Maintains appropriate level/hours of contact with each participant based on their unique needs and in accordance with assessed level of care; Provides screening and linkage to multiple inpatient care options for participants assessed as needing this higher level of care. Vocational-Educational Coordinator Facilitates reading and educational screenings and assessments; Refers participants to resources in the community for temporary and permanent employment; Maintains tracking of GED classes and testing results of program participants; Links participants to literacy classes and reading tutors as needed; Identifies and networks with local agencies providing employment-related resources; Networks with local colleges, vocational schools, and other educational and vocational programs in the community. Community Resource Coordinator Facilitates outreach to build and enhance relationships with community resource agencies, charities and services; Identifies new referral sources and adds to existing resource database; Works with participants to develop a community engagement plan prior to program graduation; Serves as mentor for Intensive Case Managers; Assists with coordination of team training related to local resources and referrals; Acts as a community resource specialist for treatment providers and other team members. Legal Community Partnerships This includes local law enforcement, the law enforcement authority who oversees administration of the local jail, jail intake officer, prosecution, defense bar, defense counsel or public defender or contract defense counsel, relevant judicial circuit judges and any charitable legal cause that may assist defendants in their representation or participants in their supervised VTC process. 11

13 IV. VTC PROGRAM STRUCTURE (THREE PHASES) The Program integrates court supervision and an extensive network of treatment services and community support mechanisms, organizations and agencies. The program offers a three-tiered approach to allow the participant to have several transitional goals throughout the VTC Program. The first phase is the Orientation & Treatment Phase. The second phase is Recovery, Development & Reintegration Phase. The third and final phase is the Community Transition & Graduation Phase. The first phase is designed to orient the veteran with all of the possible and available treatment and veterans service options available. Early in this phase the participant can be expected to be overwhelmed, confused and somewhat despondent. Often times there is shame or embarrassment associated with entry into the criminal justice system, discussion of prior military service and the issues that accompany each VTC participant covered in open court before dozens of strangers. This first phase is the most critical to any participant s success. Orienting the participant to the program structure and designing a treatment program for the participant, often based on many of the veterans benefits and services due the participant, is the object of Phase I. The second phase is designed to allow the participant to begin the recovery process and participate constructively in it. This phase allows the participant to develop confidence in myriad areas of the participant s life, to include counseling for substance abuse, becoming employed, enrolling in school, receiving veterans benefits, etc. Moreover, the participant has already completed at least six months of the VTC program and is therefore granted the responsibility to participate in the rigors of court less often. This not only gives the participant a sense of responsibility but a sense of pride and emotion likely not felt by a given participant in some length of time. This reintegration into the community and society reflect positively on the participant. The third and final phase is designed to transition the participant to being fully independent of the VTC Team. This will result in less contact, sometimes unsupervised contact, by the Court, mentors and the rest of the VTC Team. The purpose of granting that independence is twofold: one, the court can assure itself that this participant can exist without supervision and two, the participant receives the satisfaction of creating his or her own independence through successful completion of 75% of the VTC Program. This phase culminates in a full graduation ceremony and celebration. A minimum of twelve months of active treatment is required for participants to complete all three phases of the program. Each phase includes court and supervision requirements, and addresses specific treatment and recovery goals, with therapeutic interventions and rehabilitative directives to be completed in order to advance to the next phase or graduate. The three phases are outlined below: Phase Months in Phase Court Review Phase I: Orientation & Treatment 6 months minimum Every two weeks Phase II: Recovery, Development & Reintegration 3 months minimum Every four weeks Phase III: Community Transition & Graduation 3 months minimum Partially Unsupervised 12

14 Treatment attendance is required and is provided according to each participant s individual treatment needs. Participants will typically be placed in either intensive outpatient or extended outpatient treatment, according to their assessment. Some participants, depending on their assessment, may be placed in inpatient treatment. The judge will make such determinations in conjunction with advice from relevant members of the VTC Team. Regular communication is maintained throughout the participant s stay in the residential or inpatient facility. Phase Advancement and Promotion. In order to advance to the next phase in VTC, participants hold the primary responsibility of completing all phase requirements. Upon a showing to the Court that the participant has completed and/or complied with all terms of a particular phase then that participant will advance to the next phase. The final phase, Phase III, includes graduation from the VTC Program and dismissal of all diverted charges. The court will review participant progress in each phase, which includes the Phase Promotion Check Sheets and any other evaluative process for each particular participant. Participant requirements for each phase are outlined in the VTC Application and in the Orientation portion of Phase I as outlined below. Furthermore, the court may extend each phase for a period the court deems necessary. If the participant refuses this extension then that shall be considered a withdrawal from the VTC and the participant shall be sentenced pursuant to their plea agreement. PHASE I: Orientation & Treatment 6 month requirement (minimum) Generally. Phase I is designed to orient the participant with the rigors of Veterans Court. It is also designed to identify and mandate any necessary treatment requirements of the participant. This phase also develops a plan of action for the participant as it relates to many aspects of the participant s life, such as education, employment, veterans services, benefits and treatment. Treatment Requirements: The participant must be assessed by any relevant review officers or professionals, to include a probation officer, correctional review officer, mental health specialist, addiction specialist or any other person or professional as the judge may dictate to each participant. Additional sessions may be required by the treatment provider. This also includes attendance at community support meetings such as Alcoholics Anonymous, Narcotics Anonymous, etc. Treatment milestones must have been met in order for any participant to advance to Phase II. Case Management Requirements: The participant must attend an initial assessment session to evaluate basic case management needs. An initial Case Management Plan is to be completed and submitted prior to request for promotion. A primary focus is on stable and sober housing in this phase. Educational, job and training requirements should be identified at this phase as well. Participants should be actively seeking employment or education at this time, but are not required to have secured employment in order to advance to Phase II. Any severe physical or mental health conditions should be evaluated, referred and treated immediately. Supervision Requirements: The participant is required to meet with the assigned mentor a minimum of four times per month. The manner of that contact, whether live, by telephone or virtual, shall be determined by the supervision officer. The participant must maintain curfew 13

15 throughout the phase. Travel outside of the county is not allowed during Phase I and the participant should not change residences without first advising supervision. Unscheduled home visits or employment check-ups may be conducted at any time, as well as random drug testing. Court Requirements: The participant must attend court status reviews as determined by the Court and the structured regimen of the VTC. It is recommended that VTC be in session at least two times per month at consistent times and days of the week. This ensures maximum attendance by participants, mentors, attorneys, case managers, etc., through a reliable calendar. The participant must maintain compliance with all court orders and VTC Program requirements. Drug Testing and Minimum Sobriety Requirements: As an express condition of the VTC Program each participant will submit to urinalysis and/or breath analysis tests at whenever directed by the Court. If a participant is placed on a color code system then the participant will have a urinalysis conducted on the day the participant s assigned color is called, as well as on-demand as requested by any VTC team member and ordered by the Court. A specimen that has been tampered with or is dilute will be considered a positive result. Any positive result may result in dismissal from, or extension on, the VTC Program. Fee Requirements: If the VTC Program requires fees then he participant is expected to maintain current payments on fees, though payment is not a requirement for promotion to Phase II. All fees must be paid prior to graduation. The Court may require a participant to pay for any or all urinalysis testing. It may be necessary to consult government counsel to determine whether an enabling statute is necessary to collect fees. The following are examples of fees that may be charged for participation in a VTC Program : Veterans Court Program Fee; Supervision fees; Drug testing; Contempt fines for positive drug screens or insubordination; Any other monitoring device; If a participant is considered indigent then VTC courts should budget for whatever testing measures the court will require or partner with community organizations to fund these monitoring measures. PHASE II: Recovery, Development & Reintegration 3 month requirement (minimum) Generally. This phase is designed to aggressively develop a continued plan of action for the participant s treatment. Less supervision is required because the participant has shown the Court that he or she can handle the rigors of Phase I, which is the most intensive phase. Treatment Requirements: Participants must continue all required treatment (individual and group counseling sessions) in accordance with the judge s order and discretion. No treatment shall be discontinued without permission from the Court. All milestones must be continue to be met and progress must be perceptible on all treatment measures as outlined by the treatment plan. 14

16 Supervision Requirements: The participant is required to continue to meet with the assigned supervision officer or mentor four times per month, at times and locations determined by the supervision officer, including court, the office, or residence. Travel outside of the county is not allowed during Phase II without the Court s permission. Unscheduled home visits or employment check-ups may be conducted at any time, as well as random on-the-spot substance testing. Court Requirements: The participant must attend the Veterans Court docket every other docket. The participant must maintain compliance with court orders to include mandatory urinalysis and other treatment options. Drug Testing and Minimum Sobriety Requirements: The participant will submit to urinalysis and/or breath-analysis tests at the community lab whenever the assigned color is called, as well as on-demand as requested by the judge, the prosecutor or any VTC team member. Fee Requirements: The participant should be making regular payments towards all fees as required. PHASE III: Community Transition & Graduation 3 month requirement (minimum) Generally. This phase is designed to transition the participant to full independence. Often times a participant will be unsupervised by the Court during this phase although mentors and other VTC Team members may still require contact. This phase aims to provide the participant with a sense of accomplishment and enjoy the benefits he or she has recouped while in the VTC Program. This phase culminates in a graduation. Treatment Requirements: The participant must complete all required treatment (individual and group counseling sessions) in accordance with the recommended level of care and the mentor must provide proof of this. Additional sessions may be required by the treatment. Treatment related milestones must be met and nearing completion or sustainment. Supervision Requirements: The participant is required to meet with the assigned supervision officer four times per month, at times and locations determined by the mentor. Travel outside of the county and/or state is allowed with prior approval from the supervision officer or the judge, and the participant should not change residences without first advising supervision. Unscheduled home visits or employment check-ups may be conducted at any time, as well as random drug testing. Court Requirements: The participant will no longer be required to attend Veterans Treatment Court dockets for this final phase. This phase will not be entered unless the participant has demonstrated at least twelve weeks of sobriety. Drug Testing and Minimum Sobriety Requirements: The participant will submit to urinalysis on-demand as requested by any team member. The participant must have at least twelve weeks sobriety and negative drug screens in order to graduate from VTC. 15

17 Fee Requirements: The participant should be making regular payments towards all fees as described previously in Fee Requirements, if applicable. Graduation Requirements: The participant shall have completed all requirements by the Court in satisfaction of the VTC Judge. All costs, fees and restitution must be paid or scheduled to be paid in satisfaction of the Court. Graduation Ceremony: Like any graduation ceremony, VTC participants that successfully graduate the VTC Program will be recognized individually at a regularly scheduled VTC docket. It is recommended that some formality of graduation be conducted by the Judge. For instance, cake, graduation certificate, VTC Challenge Coin, etc. are all examples of how to celebrate this accomplishment. Finally, it is recommended that the district attorney dismiss the case in open court, ordered by the judge and that a letter from the prosecutor be presented to the veteran graduate that explains to any future employers the completion of and dismissal (with prejudice). 16

18 V. ADMISSIONS COMMITTEE, ADMISSION, PLEAS & DISCHARGE Generally. The Admissions Committee, Admission, pleas and discharge are all interconnected. The Committee will recommend admission and then a plea is partially taken by the Court. A participant either succeeds and graduates or fails and is withdrawn. Admission Committee Mission & Membership. The VTC shall have an Admissions Committee made up of three to five members of the community and appointed by the VTC Judge. At least one member of the Admissions Committee shall be a representative of a prosecution s office, normally an Assistant District Attorney/State s Attorney. The remaining members of the community should represent the veterans community and veterans concerns. It is suggested that a Mental Health or Addiction Specialist be a member of the Admissions Committee. Should an Admissions Committee member be required to review certain materials that are confidential to the participant then that member shall complete the necessary forms designed for such disclosures. They must also seek approval from the respective Administrative Office of Courts. Procedure. Referrals to the Program are made by judges, the VA, treatment providers, attorneys, supervision officers, the Public Defender s office, or other Veterans Treatment Court staff, to the office of the District Attorney (DA). Every applicant must complete the formalized VTC application (See Appendix I), submit to any further inquiries by the Admission Committee/judge and provide all documentation as required by the court. Initially the District Attorney, upon request by the defendant, preliminarily approves a defendant to apply for VTC. The defendant retrieves the application from the VTC judge, fully completes the application and it is submitted to the Admissions Committee for review. The Admissions Committee is entitled to extend their inquiry about a given defendant/applicant and solicit information from defendant s counsel or from the defendant himself, to include an interview with the defendant. After all information is gathered by the Admissions Committee then the Committee votes on a recommendation to the judge regarding admission. The recommendation for or against admission is forwarded to the VTC judge who is the final arbiter on admission, regardless of recommendation. If an applicant is denied entry then they are prosecuted in the normal course. If an applicant is admitted then they are set on a docket for plea and entry into the program. Application & Admission. A qualified veteran-defendant must make formal application, normally through counsel, to the Veterans Court (See Appendix I). This application requires each applicant to provide detailed information of the applicant s military service (to include a copy of the applicant s DD-214), details of any physical or mental ailments and an admission of the events that led to the charged offenses before the Court that are to be diverted. Furthermore, the applicant must give full permission for the Court and the VTC Team to review all medical and/or mental health documents, diagnoses or any other HIPAA related document as it pertains to that applicant. The applicant also is counseled to understand that all appearances, and relevant discussions regarding the veteran-participant s care/treatment/participation, will ALL be in open court normally before all other VTC participants and/or applicants. Finally, all contact information must be provided to the Court so that any necessary member of the team may contact and/or visit the veteran-participant at any time for any purpose. 17

19 The application process orients the applicant with the VTC and the inevitable structure and requirements of the program. The application also informs every participant of a wide-range of sanctions, to include a conclusion of Contempt and incarceration, for failure to follow the terms of the Veterans Court program. This includes failure to pass a drug and alcohol test as required by the Court at any time. If an applicant is admitted and accepted into the VTC Program then that defendant will need to proceed with a diversionary court plea or what is commonly known as a Veterans Court Plea. This plea allows the prosecution some assurances while allowing the defendant to have their case(s) diverted through the VTC. It is of great benefit to the Court, counsel and all participants that the VTC Application be as comprehensive as possible. It is also suggested that the VTC maintain a website, or asks that a local veteran service provider maintain a link on their website or a separate site altogether, that contains information about the particular VTC, the VTC application, mentor application, offers links to veteran service provider partners and gives as much information as possible about the roles and responsibilities regarding every aspect of VTC. Not only will this increase the amount of veterans reached by a given VTC but it will also advertise the availability of this diversionary option to veterans, defense counsel and the local criminal justice bar as a whole. The application should include, but is not limited to, the following: Things EVERY VTC Participant Should Know: Program History and Purpose Eligibility & Admission Withdrawal Failure to Appear Termination Phases Approved over-thecounter medication Treatment Drug/Alcohol Screening Protocols Community Support Meetings Requirements Prescription medication restrictions Supervision Requirements Progress Reporting Incentives and Sanctions Educational and employment programs Social services and community resources Volunteer service requirements Participant Rules and Expectations Confidentiality Program Fees Performance and Responsibility contracts VTC Program Extension Possibility Graduation Requirements Contacts Veterans Court Pleas. Entry into Veterans Court requires a plea and plea agreement. However, the actual plea process differs from a plea in the ordinary course in that a diversionary court plea or Veterans Court Plea is administered by the Court. Eligible adult veteran offenders will be offered a choice between and the traditional court system. The offender is given the opportunity to discuss the case with an attorney prior to voluntarily entering the program. Once the applicant has been approved for admission by the District Attorney the opportunity is given to the VTC participant to review all documents and paperwork required for plea, including the consequences of the plea, with an attorney. Assuming entry, the applicant then pleads guilty before the court to the charged offense as indicated in the plea agreement. However, the adjudication of 18

20 the sentence is withheld and the applicant is NOT sentenced (a matter is not final until a defendant is sentenced not just having pleas accepted). The applicant then enters Phase I of the VTC. Program Discharge. There are three ways in which a defendant-participant may be discharged from the VTC Program. A participant may graduate, be terminated voluntarily or be terminated involuntarily by the Court. The respective situations for each are as follows: 1. Graduation: Participants are required to complete all Phases of the VTC in order to graduate from VTC. All minimum competencies are to be met in order to be eligible to successfully complete the program and graduate. Each phase and respective requirements are discussed in detail in the orientation phase and application phase, as well as at each docket of the VTC. The participant must maintain compliance with all court orders and be free of sanctions for a minimum of 12 weeks prior to graduation. The participant must have a minimum of 90 days of sobriety in order to be eligible to graduate, as evidenced by negative drug and/or alcohol testing. All fees, if any, must be paid prior to graduation or be scheduled for payment prior to graduation. Each participant must complete a Participant Graduation Questionnaire (See Appendix III) prior to graduation. Upon meeting all requirements for graduation, the participant and his or her family will be invited to a graduation ceremony in which the Judge will recognize each participant-graduate for completing the VTC. The graduate-participant s case is then dismissed (with prejudice) by the prosecutor. 2. Voluntary Withdrawal: The Program is voluntary and participants may voluntarily withdraw at any time. The VTC Program is onerous but normally in the best interests of a given defendant. Some participants are unable to comply with all of the VTC requirements and often times recognize their inability to stay in compliance before they are actually sanctioned by the Court. Should a participant withdrawal from the VTC Program then that participant shall be sentenced pursuant to the terms of the plea agreement that was signed prior to the plea by defendant. Participantdefendants shall not be permitted to withdraw their pleas of guilty unless the Constitution requires such a withdrawal. Sentencing finally adjudicates the matter and the participant is withdrawn from the VTC. 3. Involuntary Withdrawal: Participants may be involuntarily discharged from the program for non-compliance with participant s assessment and treatment OR if a participant incurs additional criminal charges while participating in VTC. The District Attorney s office files a motion in order for revocation proceedings to begin. It is also possible that the VTC Judge sua sponte involuntarily withdraw a participant from the VTC in the Judge s discretion and in the best interests of the overall VTC Program. The attorney for the participant will provide representation in any revocation proceedings but a participant may be revoked in absentia. A judge will make the final decision regarding termination. In case of revocation from VTC, the original sentence agreed upon at time of plea will be imposed. Sentencing finally adjudicates the matter. Both the defendant and her counsel must be present at sentencing. 19

21 VI. COURT STATUS REVIEW, INCENTIVES & SANCTIONS It is incumbent upon each VTC to review each participant s progress prior to each VTC docket. The Court should maintain a log of incentives and goals for each participant so that such can be tracked, developed and acknowledged appropriately upon success or failure. Veterans Treatment Court reviews are held on a regular basis to establish and reinforce the program polices, to ensure that participant needs are met, and to provide adequate supervision for all program participants and allow for interaction with the VTC judge. Each phase of the VTC shall come with an increase in required goals and responsibilities for each participant. These phases are designed to increase the confidence and independence of each participant while offering a holistic approach to each particular veterans personal situation. Participants shall meet with their mentors prior to every docket to discuss progress and direction toward assigned or stated goals. Prior to the court docket, the veteran-participant shall also meet with his or her assigned service officer and any appropriate resource liaisons to establish the clearest route toward reaching the participant s treatment, education and/or employment goals. The Court Status Review may also include incentives, if possible, to encourage all participants to excel in the VTC Program. Conversely, if a Court Status Review results in the realization that a participant has failed to meet the individual standards set by the VTC then the court shall offer incentives by way of sanction. The Court Status Review allows the judge to offer a wide range of additional treatment options to a given participant. The Judge should officially impose recommended sanctions and/or award incentives in the presence of all other VTC participants in order to allow those participants to understand the benefits of successful behavior and the sanction of failures. Phase promotions should also be addressed at this time. Participants are often asked to speak about their successes, as well as challenges, in an effort to offer hope and encouragement to others in the program. Graduation ceremonies, which are the ultimate Court Status Review decision, should be held in the presence of all mentors and participants to illustrate the achievements of all involved. Incentives & Sanctions. The program model identifies the implementation of incentives and sanctions as a means of behavioral modification. Incentives are awarded to participants for exhibiting desired behaviors, commendable acts, phase promotions, or any other behavior the team wants to encourage. Sanctions are implemented to reinforce compliance with VTC rules. The Court will individualize the implementation of sanctions and incentives as needed in order to create the most therapeutic environment possible. The VTC team will evaluate each participant s history, phase in the program, and his/her progress prior to recommending an incentive or sanction. In the case where it is determined that a participant requires additional or alternative treatment the team may recommend treatment in lieu of a sanction. Incentives. The Court may offer incentives for successes by any participant at any time. Normally incentives will be afoot in the early phases simply because the participant needs to experience smaller doses of success to get on positive footing with themselves and with the community. The greatest incentive is graduation from the VTC Program and diversion of the participant s criminal prosecution which is a fact that should not be lost on the Court of the participant. 20

22 Typical incentives might be as follows: Phase Promotion; Fee waiver for urinalysis; Movie Tickets or Event Passes; VTC Attendance Pass; Out of State privileges; VTC Challenge Coins; Graduation Plaques; Greater Freedoms on Previous Restrictions. Again, all incentives shall be discussed in open court so that all participants can see the benefits of successful participation in the VTC Program. Sanctions. The Court may impose sanctions for failures by any participant at any time. Normally sanctions will used sparingly and every effort should be undertaken by the Court and the VTC team to avoid sanctions, especially in the early stages of the program. The VTC Program necessarily understands that many of the participants in the VTC Program have mental health or addiction issues. Many times it was those issues that led the participant to commit the criminal activity for which they were charged. The greatest sanction is termination or involuntary withdrawal from the VTC Program and sentencing the FORMER participant as described in the plea agreement. This measure is very serious and has long-term consequences for every defendant. Typical sanctions might be as follows: Delay in Phase Promotion; Fees for urinalysis; Further Restrictions on Travel; Increased Supervision; Retraction of Privileges and Freedoms; Criminal Contempt and incarceration. Again, all sanctions should be discussed in open court so that all participants can understand the pitfalls of unsuccessful participation in the VTC Program. It also serves to remind all participants that their respective charges are being diverted from criminal prosecution. 21

23 VII. VETERANS TREATMENT COURT MENTORS Mentors will work to ensure that every participating veteran in the Program is linked with a fellow veteran who acts as a volunteer mentor, advocate, and ally to help the participants successfully readjust to civilian life, as further explained in the Mentors Handbook (See Appendix II). Mentors should be veterans and it is suggested that a particular mentor be from the same branch of service as a VTC participant. Mentors act as coach, guide, role model, advocate, and support for the veteran participants. Mentors encourage, guide, and support each participant through the court process. This includes listening to the concerns of each veteran participant and making general suggestions, assisting with determining needs, and acting as a support. Some of the roles, responsibilities and requirements of Mentors are as follows: Meet or communicate once weekly with veteran participant; Offer support and understanding regarding the difficulties the veteran is facing; Assist the veteran in resolving resource needs; Maintain a supportive and helpful attitude towards other mentors; Have a genuine concern for veterans; Maintain good standing with the law; Be a veteran of one of the branches of the US Armed Forces, including the Army, Marine Corps, Navy, Air Force, Coast Guard, or their corresponding Reserve and Guard branches; Adhere to all of the policies and procedures; Commit to a minimum of one year participation, or until the assigned veteran graduates; Complete the required initial training as specified by the VTC prior to participation; Attend any additional trainings as required; Do not engage in any drug use, alcohol use, sexual activities or any other unlawful activities with the veteran participant; Notify the Mentor Coordinator if the veteran participant becomes suicidal, homicidal, or engages in unlawful activities; Active listener; Empathetic; Encouraging and supportive; Positive military service; Tolerant and respectful of individual differences; Knowledge of community resources and services; Recruiting Mentors. The VTC Judge is ultimately responsible for all Mentors. The VTC Mentor and Resource Coordinator assumes the majority of the responsibility for recruiting Mentors. The team, its collaborative partners, and current mentors are strongly encouraged to refer highly respectable and reputable veterans to the Mentor Program. Additionally, team members and mentors are strongly encouraged to attend and host informational sessions and training for prospective mentors. 22

24 Inquiry: All inquiries about participating as a Mentor will be directed to the Mentor and Resource Coordinator, who will respond to any prospective mentor inquiries within one week. Eligibility: Each Mentor must meet the eligibility criteria as outlined in the Mentor Requirements section. Extenuating circumstances may be reviewed at the discretion of the VTC Mentor and Resource Coordinator. (See Appendix II). Knowledge of a Prospective Mentor s Negative History: Current Mentors with knowledge of any prospective mentor s history or background that may jeopardize the integrity of the program, the VTC, or the participants, must communicate this knowledge and/or concerns to the Mentor and Resource Coordinator, the Program Director, or the Judge. Application & Screening: Each prospective Mentor must formally apply to the VTC to become a mentor. They must also complete a screening process. The decision to accept or deny an applicant will be made by the Judge. Feedback regarding the prospective mentor s denial may or may not be given. The right to withhold or give feedback is solely at the discretion of the Judge. (See Appendix II). The screening process includes the completion and review of the following: Volunteer Mentor Application and Agreement Form; Personal interview; Background check; Approval by the jurisdiction s relevant office of courts or similar department; Approval by relevant federal department enabling Mentor review and access to VTC participant service history, mental health history and criminal justice system background. Training: All prospective mentors must complete the required initial training in order to be eligible to begin mentoring. Training will include, but is not limited to: Observation of several court sessions; Full acceptance by all relevant agencies; Discussion of the experience of court observations; Meeting with senior mentors in order to establish the best report possible with participants. Unacceptable Behavior: Unacceptable behaviors will not be tolerated while a Mentor is participating in the program. Because of the direct impact a mentor has on a veteran participant, behaviors that are not aligned with the mission, vision, goals, and values of Veterans Treatment Court are unacceptable and prohibited. All members of the VTC Program Team are ambassadors to the and shall always strive to conduct themselves with the integrity expected from the Court. Recognition and Awards: All mentors will be recognized for their role in the Veterans Treatment Court Program. The VTC Mentor and Resource Coordinator is responsible for planning and implementing recognition activities at least once per year. It is suggested that statewide, or even Regional, networks of s be established so that recognition of team 23

25 members may inspire others. It is also suggested to develop VTC Networks so that Courts and team members can share successes and pitfall of the VTC Program. VIII. COMMUNITY VETERANS ORGANIZATIONS LIAISONS Veterans of the United States armed forces may be eligible for a broad range of programs and services provided by the federal Department of Veterans Affairs (VA). These benefits are legislated in Title 38 of the United States Code. Veterans may also be eligible for specific programs and or benefits through the resident state of a VTC participant. Many veterans may be unaware of their eligibility for VA programs and services. The claim system is complicated and veterans often require additional expertise in navigating, filing, and/or appealing a claim. The VTC Program will strive to assure that all participants are aware of and linked with the benefits for which they are eligible. Employee representative liaisons or service officers of Community Veterans Organizations who volunteer to be readily available to all VTC participants are key members of the VTC Team. They provide the valuable linkage and education necessary for veterans to file timely and complete claims. They will also provide updated information on federal benefits available to veterans as changes occur on the national and/or state level. Role of Community Veterans Organizations in Provide initial orientation for veterans immediately after plea into Veterans Treatment Court; Provide ongoing education of veterans on federal and/or state benefits for veterans and dependents, including, but not limited to health, education and disability compensation, benefits, and pension; Act as a liaison between the veteran and the Veteran Benefit Administration (VBA) and the Veteran Health Administration (VHA); Advocate on behalf of the veteran with the VBA and the VHA regarding the veteran s benefits, disability compensation, and/or pension; Assist veteran with completing initial claims, current claims and/or appeals of denied claims; Provide educational and vocational assistance to veteran participants, to include GI Bill screening, job training, scholarship eligibility identification and community veteran employment development; Coordinate with other relevant Community Veterans Organizations (CVO) to provide each veteran a holistic approach to veterans services. Duties and Responsibilities of Community Veterans Organizations Ensure attendance by a CVO service officer at all court sessions when scheduled. Participate and lead training sessions within the as needed. Attend an initial orientation regarding and courtroom protocol. Collaborate closely with the VBA and the VHA representatives assigned to the Veterans Treatment Court. 24

26 Directly assist the veterans with filing claims, questions about current claims and/or denied claims. Assist the veterans with the appeal process for denied claims. Advocate on behalf of the veteran interfacing in a professional manner with the VBA and VHA either in court or outside of court as needed. Be supportive and helpful to veterans in the. Coordinate with all other relevant local, statewide and national veterans charities to provide or enhance veterans services. Adhere to all of the Program s policies and procedures. Commit to participation for a minimum of six (6) months. Complete the required initial training as specified by the Court prior to participation in. Participate in any additional training as required by the Court. The Community Veterans Organization liaison or service officer should be the Veterans Treatment Court s recognized expert at navigating the bureaucratic nuisances of the various veterans agencies and government entities. Therefore, this liaison is critical to the success of any VTC. 25

27 IX. VETERANS ADMINISTRATION LIAISONS Many veterans who enter the program are unaware of their eligibility in VA programs and services. The claim system is complicated and veterans often require additional expertise with filing/appealing claims while receiving guidance and support by peer veteran representatives of various veteran agencies. Upon identification of veteran status via the military discharge form DD- 214, VTC participants are referred to and assisted by the appropriate VA Liaison. If possible, the VA Liaison should attend weekly staffing and court sessions. In addition to the participant, it may be necessary for the various VA liaisons to liaise with the participant s local Community Veterans Organization Liaison, a mentor, the Court or other member of the VTC Team. Veterans Health Administration (VA) Liaison: The Veterans Health Administration representative serves as liaison between the veteran participant and the respective VA in or near the respective VTC jurisdiction. The Veterans Health Administration Representative enrolls eligible veterans in the VA healthcare system, notifies the Court and team of the status of the veteran s treatment, and attends staff meetings and court dockets when possible. Veteran s Benefit Administration (VBA) Liaison: This liaison checks the eligibility and status of the veteran for educational benefits, disability compensation, vocational rehabilitation, and other services. The VBA Liaison works in court with the participant and his/her veteran service officer. The VBA distributes disability compensation to those veterans who have been injured while on active military duty, or who were made worse by active military duty in the US Armed Forces. In order to receive disability compensation a veteran must have received an Honorable Discharge, General Discharge Under Honorable Conditions, or a Medical Discharge. Vocational Rehabilitation and Employment Services are also administered by the VBA. This program is chartered by Congress to assist disabled veterans in preparing for, finding and keeping a job, and includes an evaluation to determine individual abilities and skills. Additionally, counseling is provided for employment, resume development, assistance in seeking employment, and job training apprenticeships. All costs of this training are normally paid and the veteran is given living expenses. The veteran must have received a disability rating of 10 percent or higher and an Honorable Discharge, Medical Discharge, or General Discharge Under Honorable Conditions. State Veterans Agencies: These state agencies serve to enroll veterans in disability pension/compensation and other state benefits for which the veteran is eligible and qualified. These agencies also serve as liaison between the veteran participants and the Veterans Health Administration and Veterans Benefit Administration. They also serve as liaison between the veteran, employment agencies, U.S. Department of Labor, Veterans Benefits Administration, and Veterans Health Administration. Many of these agencies offer services for not only VTC participants but also their family members. 26

28 X. PARTICIPANT ASSESSMENT & TREATMENT Clinical assessments evaluate the history and severity of eligible applicants substance use, mental health, trauma, and other bio-psycho-social dimensions relevant to treatment needs and amenability. Assessment is completed upon acceptance into the program. Mental health and/or addiction specialists shall complete an assessment of each participant and direct each participant for treatment. If intensive treatment is required then the specialist shall request an order from the Court (e.g., entry into inpatient drug treatment facility may require an order from the court). Veteran participants are also initially screened for VA benefits and screened for presence of mental health and co-occurring trauma and/or substance use disorders. Those participants with VA benefits are linked with the VA for further evaluation and treatment services. Participants who are not eligible for VA benefits are linked with the community treatment provider for evaluation and treatment services. Treatment Services. The Program connects participants to relevant treatment and support services that are best or promising practices, recovery-based, individualized, co-occurring capable, culturally sensitive, and trauma-informed for veterans. A holistic approach to treatment is always preferred when possible. Treatment services are provided according to level of care criteria and other needs identified from the most recent assessment and include, but are not limited to: treatment planning, discharge planning, individual therapy, group counseling and education, case management services, and other services for which the participant is eligible. It is recommended that all VTCs utilize evidence-based practices for veterans as identified by the VTC Court, trusted veterans service providers or Veterans Administration. The mentor, service officers, treatment specialists and the court will all facilitate the coordination with the relevant treatment providers so that they can work with each participant to create an individualized treatment plan to address problems or circumstances identified from the assessment. The overall goal is to address substance abuse and mental health issues, as well as other objectives related to reintegration, traumatic brain injury, post-traumatic stress, physical injuries and peer and family relationships. The plan may be reviewed and modified with input from the Veterans Treatment Court team as the veteran progresses through the program. Progress or barriers to participants treatment goals are shared as needed with the relevant VTC Team members. If at any time a participant is assessed as needing a higher level of care, such as inpatient or residential treatment, the current provider shall immediately initiate placement by screening the participant for admission at multiple facilities. The regularly assigned treatment provider is responsible for maintaining ongoing communication with the participant s inpatient/residential provider during their stay, and will make progress reports to the which are submitted the week of the participant s regularly scheduled court appearance, which is dependent on their current phase in the program. Program Application & Orientation. The Program is a voluntary program in which applicants are well informed of the details and possible consequences regarding the choice to accept or decline participation through an informed application and orientation process. Every applicant to VTC must sign the application in multiple areas of understanding and it 27

29 is properly assumed that each applicant accepted to the VTC has a full understanding of the terms, conditions and responsibilities of the VTC. A copy of each applicant s application shall be maintained by the VTC and provided to the prosecution, the Admissions Committee and, if the applicant is accepted to the VTC Program, the assigned mentors, specialists and service officers. XI. CASE MANAGEMENT OFFICER & PROGRAM SPECIALISTS The good will of others will only take a VTC participant so far before that participant will benefit from the continue assessment by a specialist. Each respective VTC should employ or otherwise retain a mental health specialist and an addiction specialist to provide structured supervision. This structure will help ensure participant accountability throughout the Program. It is suggested that a specialist be a member of the VTC Admissions Committee. Case Management Officer. The Case Management Officer ( CMO ) is directly responsible to the for the constant assessment of each VTC participant. Prior to plea into, each participant will meet with their attorney to review and sign the Rules and Conditions of Supervision, which explains all of the conditions of the VTC Program. The assigned CMO will further discuss the rules and conditions of supervision in Veterans Treatment Court, including, but not limited to: Curfew guidelines; Employment and education verification; Law enforcement contact; Home visits; Change of address procedures; Support meetings verification; Supervision fees; Approved medications and forms; Court guidelines. The CMO makes a minimum of two contacts with each VTC participant per month, and submits weekly progress reports to the VTC Judge regarding participant compliance with program requirements. The supervision officer may make random, unannounced home or field visits to observe the home environment and/or to verify employment. These supervision contacts may occur within the supervision agency office, at court, at the participant s home, or at the participant s place of employment, in order to accurately monitor their activities and to be minimally intrusive to the participant and his/her family. Drug testing may be conducted randomly during home visits, at court, or at scheduled office visits. Program Specialists. It is incumbent upon each VTC to employ or retain, in some capacity, mental health or addiction specialists ( Program Specialists ). These treatment specialists can advise the court and the participant on the best approaches to mental health and/or addiction treatment for a given participant. The ultimate success with any diverted prosecution is that the chronic issues associated with the diverted defendant are significantly diminished or eliminated entirely from the participant s personal lexicon. Criminal recidivism by 28

30 participants will not only serve to undermine the efficacy of the court but the spread of VTCs as a whole. XII. MISCELLANEOUS There are many aspects of every diversionary court that will need to be adapted to the particular jurisdiction or judicial circuit in which the VTC is formed. Therefore, various considerations should be given to the local and state laws that may impact the establishment of a VTC, the funding of the VTC and the long-term viability of this diversionary method. Data Reporting & Evaluation. The participates in data reporting and outcomes evaluation processes and consistently strives to improve program efficiency and effectiveness through a performance improvement or metrics component. This component will have the dual benefit of increasing the effectiveness of the VTC and also allow for the gathering of metrics that could spawn the spread of VTCs in other jurisdictions and create funding sources from within the jurisdiction. Data should be collected for each participant. Information should be developed by the VTC such that an analysis of the efficacy of the VTC Program for a given participant is obvious. As trends in the effectiveness of the VTC develop so too will the opportunity to harness those trends into hard data that can be explained to government officials, other jurisdictions, government agencies and charitable funding sources. A VTC should annually evaluate the strengths and weaknesses of the VTC Program, identify training needs, identify program efficiency and effectiveness measures and review or update ALL VTC policies and procedures. The participant files should contain the following information: Participant contact information; Plea agreement and date of plea; Current VTC phase; Graduation/Revocation date, as applicable; Treatment provider, including any residential/inpatient treatment, and diagnosis; Current case number; Current level of care; Upon completion or termination of the program, copies of court documents related to final disposition; Assessment reports; Consents for release of confidential information; Requests to travel, as ordered by the Court; Documentation signed by participant, at time of sanctioning, identifying violation and requirements of completing sanction, including date sanction is to be completed; Substance testing records, which contain substances tested for, method of testing, results, signature of person administering test, and participant signature and date. 29

31 Again, all participants files are confidential but the efficacy of the VTC can be used in terms of numbers and raw data without disclosing private information. Funding Sources. Most qualified veterans charities do NOT distribute funds to government agencies or entities. This would most certainly include any. However, developing relationships with Community Veterans Organizations can result in funding sources from inside the community. It also may present the CVO grant opportunities with larger veteran charities (e.g., Wounded Warrior Project, The Woodruff Foundation, etc.) that would support certain efforts. Many of the costs associated with Veterans Courts are covered by the natural course of the criminal prosecution. The judge, the prosecutor and often the defense counsel are already paid for by the particular jurisdiction. Most of the participants on the VTC Team are volunteers so there is relatively no cost to the VTC for their services. The various liaisons are similarly situated. Most of the costs associated with the VTC involve housing, treatment, urinalyses, clinical assessments and various counseling services. Those costs can be covered by a local, statewide or national charitable organization if planned properly. Confidentiality. The team must have the ability to communicate with regard to exchange of participant protected health information (typically referred to as HIPAA Information) in order to provide services consistent with the program model. Therefore, the VTC Team must utilize Participant Consent Forms (See Appendix II) in all cases. All confidentiality practices must be in compliance with federal and state law, guidelines and standards. Each consent form for release of participant protected health information must be consistent with all applicable federal and state law, guidelines, and standards, and may include the following information: A communicable disease statement; The specific name or general designation of the agency or person permitted to make the disclosure; The name of the individual, or name of the agency to which the disclosure is to be made; The name of the participant whose records are to be released; A description of the information to be disclosed; The dated signature of the participant or authorized representative (or both when required); A statement of the right of the participant to revoke the release in writing and a description of how to do so; An expiration date, event, or condition which, if not revoked before, shall ensure the release will last no longer than reasonably necessary to serve the purpose for which it is given; If the release is signed by a person authorized to act for a participant, a description of the authority of such person to act. VTC participants are advised, upon orientation, of certain circumstances that may require release of certain information without a prior written release. All incoming employees, including program interns and/or volunteers, receive an orientation training session regarding client confidentiality guidelines and agree to adhere to this policy and related procedures at all times. Substance Testing and Monitoring. Substance testing and monitoring are mandatory requirements of the Program and are utilized as tools to support participant recovery and engagement in treatment. Testing is the means by which the program 30

32 objectively establishes a framework for participant accountability and helps to gauge individual progress in recovery. Drug and alcohol testing must comply with all applicable state and federal laws. All VTC participants are tested for illicit as well as prescription drugs during all three phases of the program. Color Code Protocols. Most jurisdictions should be familiar with the Color Code Urinalysis System which assigns VTC participants a color. VTC participants are then instructed to a call a designated number each day and to be tested when that recording indicates that color for testing. Failure to test for any reason should be treated as a negative drug/alcohol screen and sanctions may follow. Participants will be full instructed as to where they are to conduct their urine tests. Veterans may be assigned to drug test at either the community laboratory or Court Services. The following conditions and protocols should also apply to any VTC urine test, whether directed by the Court or by Color Code directives: The collection of the urine specimen will be directly observed using a same-sex staff person, who will continuously monitor the participant from a frontal or side view. Women are collected using a hands free procedure. All urine samples are tested for a variety of drugs, as well as analyzed for temperature, specific gravity, creatinine, and other chemical markers, in order to ensure a valid urine specimen. All urine tests will be reported to the VTC Judge. In the event a sample is determined to be positive for an illicit drug, unapproved prescription or over-the-counter substance, this will be reported to the Court and the appropriate VTC Team members. If the participant alleges inability to produce a specimen, the participant may be given up to eight ounces of water. If the offender fails to produce a specimen or if the sample is not of sufficient quantity to test, this will be reported to the Court and treated as a positive drug/alcohol screen. Specimens are immediately tested and, if necessary, re-tested or mailed to the contract laboratory. Urine specimens not immediately tested or re-tested will be stored according to testing product manufacturer s recommendation. In the case where a participant disputes the fact that a positive test is valid, he/she may pay the associated costs for a confirmation re-test. If the re-test results are indeed positive, an additional sanction of five days in jail may be imposed for dishonesty to the Court. Diluted samples could be treated as positive screens. If a participant refuses to submit a urine sample it will be reported as a refusal to test, and this will be reported to the Court, the treatment agency, and supervision. If a participant is late or misses a test it will be considered a positive test, and will be reported to the Court, the treatment agency, and supervision as such. The team will review a positive test in the context of the participant s overall performance in the program when considering the response. Frequent and ongoing positive or abnormal tests may result in increased or alternative treatment. 31

33 The test results of all positive specimens are documented and placed in the veteran s court file. The team maintains access to all drug testing results, including any failures to test. Treatment providers, supervision officers, and coordinators have immediate access to the results. All program participants will be advised that drug testing may also be conducted randomly during home visits, court appearances, and office visits and may be requested by any member of the Treatment Team. Alcohol Monitoring Devices. There are many devices that can screen for a participant s use of alcohol. It is common among veterans to self-medicate, especially with alcohol, so it may become necessary for a VTC to take certain precautionary measures with various, specific participants. Some examples of alcohol screening methods, in addition to a urinalysis, are as follows: SCRAM: A Secure Continuous Remote Alcohol Monitor (SCRAM) may be ordered for participants with a history of alcohol abuse and/or with current positive urine alcohol testing results. The SCRAM is an ankle-worn device that detects ingested alcohol via insensible perspiration. The cost of this device, to include monitoring, should be paid for by the participant user. Sobrietor: A sobrietor may be ordered for participants with a history of alcohol abuse and/or with current positive urine alcohol testing results. The Sobrietor is a hand-held, remote alcohol monitoring device that detects the presence of alcohol through an individual s deep lung breath sample. Monitoring is performed remotely using a telephone connection so that compliance with alcohol restrictions can be verified daily. When it is time for a test, it emits a loud beep and begins the testing process using audible commands to prompt the client to respond with voice verification. The participant is then instructed to take a deep breath and exhale into the breath tube, at which point it detects the breath alcohol content of the deep lung sample. Test results are then reported to the host monitoring computer at the supervising agency, Court or Case Management Officer s office. If results are outside of specified parameters the appropriate VTC Team members are notified. TAD: A GPS device, such as the Transdermal Alcohol Monitoring Device (TAD), may be ordered for participants with a history of alcohol abuse and/or with current positive urine alcohol testing results. The TAD provides both alcohol monitoring and curfew monitoring with one piece of equipment. The TAD is an ankle-worn device that senses alcohol through the skin. Drinking events are reported to the central monitoring computer via the receiver which is installed in the client s home. To detect a potential drinking event, the alcohol detection module on the back of the device monitors moisture and vapor excreted from the client s skin for alcohol. If a client exceeds the.020 transdermal alcohol concentration threshold, a drinking event will be recorded and transmitted to the central monitoring computer. TAD is also capable of monitoring the presence or absence of a client in the home. If a violation is detected, an alert is generated and the supervising agency or Court is notified. 32

34 Prescription and Over-the Counter Medications. The participant should request non-narcotic and non-alcoholic medications only. Any prescription medications must be taken with full knowledge of the VTC Judge and monitoring by the appropriate VTC Team members. Over-thecounter medications that are approved for participant use should be directed at orientation or upon discovery of use of OTC drugs. The constant monitoring by the various VTC Team members should result in this discovery immediately. Other Sources for Information on s. There are many excellent resources for VTCs and veterans legal services. s require a community effort so it is important that you contact your local veterans charities or VA liaison to ensure that every VTC is providing the most holistic approach to care and treatment possible. The criminal justice system cannot exist in a vacuum which means that not every organization, treatment method, caregiver counsel or veterans service will be beneficial to a and/or its participants. However, many good resources exist and the following are just a few: America s Warrior Partnership ( Wounded Warrior Project ( American Bar Association: Coordinating Committee on Veterans Benefits & Services ( Buffalo (NY) ( Justice For Vets ( This Handbook will be available on the America s Warrior Partnership website indefinitely. It will be continuously updated as necessary. Please contact the AWP Headquarters should you have any questions. 33

35 APPENDIX I 34

36 Veterans Court Application and Requirements [Your Judicial Circuit] 35

37 STATE OF v. CASE NO.:, Defendant REQUEST BY DEFENDANT TO ENROLL IN THE VETERANS COURT PROGRAM Having been charged with the criminal offense(s) of, and believing that I may qualify to enroll in the Veterans Court program in lieu of prosecution, I hereby apply for referral of my case(s) to the Veterans Court program. I understand that the Veterans Court program is a pretrial diversion program designed to address potential physical and mental health issues that may have played a part in my becoming involved in the above-listed conduct. Veterans Court is not a way for me to escape responsibility for my actions, but instead to address them in an appropriate forum. Should I be approved for enrollment in the program, I understand that I will be required to work with the staff at any recommended medical and/or mental health facilities to address various problems and issues that I may be facing. I also understand that I will be required to appear before the Judge presiding over the Veterans Court program at regular intervals, and as directed, where inquiry will be made into my level of participation and progress within the program. Because physical and mental health issues are wide ranging and complex, I understand that I may be required to participate in this program for an average of twelve months. I realize that I will only be successful in this program if the Judge, the Prosecutor, and the staff of the Compliance panel, and recommended medical and/or mental health facilities agree that I have made sufficient progress in addressing the issues in my life that can be linked to the events surrounding my misconduct. In order to participate in the program, I understand that I will have to make a full disclosure about my involvement in the crime(s) I have been charged with. I also understand that I will have to give permission to any medical and/or mental health facilities, including their affiliates, to release any pertinent information to the Judge, the Prosecutor, and any other agent or official designated by the Court that may relate to my participation in the program, even if this information would normally be protected by privacy rules or regulations. I also understand that my appearances before the Judge will be in open court at a docket designed for other Veterans Court participants and that general information about my participation, my history, and my treatment may be discussed in that setting. Of course, every effort will be made to avoid discussion of extremely private, embarrassing, or sensitive information in that forum. 36

38 I have read and understand the above information and agree with the above cited rules and policies. I also hereby give permission to the entities involved in the Veterans Court program, including the Judge, the Prosecutor, the staff of any relevant medical or mental health facility (to include any relevant associates), any probation officer or other official, and my attorney to disclose and discuss relevant information about me as it pertains to my participation in this program. I understand that this information may include otherwise private information regarding my diagnosis, treatment, criminal history, and the like. I also hereby certify that I have consent to make application for this from the appropriate prosecutor. Defendant The Defendant read, acknowledged and signed the above statement in the presence of the undersigned Defendant s attorney and/or the prosecutor, this the day of, 20. Defendant s Attorney 37

39 I. Description of Veterans Court Program This Veterans Court Program is a diversionary program designed specifically for veterans of the United States Armed Forces who have been charged with criminal offenses. No applicant may qualify if they have been charged with a Class A felony or any offense that resulted in serious bodily harm to the victim. Furthermore, no applicant may repeat this program. The Veterans Court program will typically be an average of at least twelve months in duration for a given participant. The program will require at least monthly appearances before the Veterans Court judge coupled with at least monthly meetings with a participant s counselor and/or mentor. A participant will likely be required to participate in medical and mental health services, job training and professional services, academic and/or vocational skill improvement services and whatever counseling is designated for a participant. Furthermore, any substance abuse counseling or treatment that is recommended or required must be attended and completed as dictated by the Court or its referral officers. Finally, the participant will be responsible to pay any court ordered monies, costs and fees associated with the underlying charges, to include restitution and counseling services. Failure at any phase, as discussed herein, may result in further sanctions, penalties, counseling, treatment or dismissal from the program. 1. Program Phase I (Orientation & Treatment): This phase will last normally between 3 and 6 months, depending on the success or struggles of a particular veteran. After of plea of guilty and a suspension of sentencing by the Court, the veteran in this phase will undergo intense evaluation, strict and robust guidelines, and endure a very restrictive regimen that will consist of counseling, appropriate screening and frequent contact with the Court. The veteran will meet with the Court at least twice a month. Travel outside the State is expressly prohibited unless approved by the Court. 2. Program Phase II (Recovery, Development & Reintegration): This phase will last normally between 3 and 4 months, depending on the veteran. The veteran in this phase will have less structure than in Phase I wherein they will be forced to make more independent decisions and their own judgment and discipline will undergo a more random evaluation. Counseling, screening and contact with the court will remain a part of the Veterans program, but evaluation will likely be less frequent. The veteran will meet with the Court only once a month. Travel outside the State is expressly prohibited unless approved by the Court. 3. Program Phase III (Community Transition & Graduation): This phase will last normally between 2 and 4 months depending on the veteran. The veteran in this phase will have less supervision than the previous phases and may even go unsupervised for periods of time. All veterans are still subject to random screening and appearances before the Court upon request or schedule. Counseling must continue as required and such will be evaluated on a case-by-case basis. The veteran will meet with the Court once a month at the most and will likely only have contact, if any, with a Veterans Court Mentor periodically. Upon completion of this Phase a veteran will become a Graduate. Graduation will be at a set time and date before the Court and ceremony. 38

40 It is important to note that the Court may, in its judgment, demand that a veteran re-enter a previous Phase if the Court feels that such is necessary to the benefit and treatment of a particular veteran. Furthermore, the Court may expel a veteran if that veteran is deemed to have continually not met the rigors of the Veterans Court Program or have shown by their own conduct, in what they have done or what they have failed to do, that they are no longer viable as a candidate for graduation. A veteran that has been expelled from the Veterans Court Program will be set for sentencing pursuant to their pleas in Program Phase I and be sentenced thereafter. 39

41 II. Rules for Enrollment and Participation AMERICA S WARRIOR PARTNERSHIP I understand that I must fully qualify for the program and that determination will be made only after I have been ultimately approved for admission by the Court. Such determination may include a prescreening evaluation by a medical or mental health facility, the results of which will be made available to the Court. I understand that all information provided to the Veterans Court regarding my service in the United States Armed Forces must be accurate, truthful and verifiable. the Court. I understand that admission to the Veterans Court program is within the discretion of I understand that my application must be accompanied by a copy of my DD Form 214 which identifies the circumstances and characterization of discharge from the Armed Forces. If I am unable to obtain a DD Form 214, or remain on active duty, then I understand that my application must be accompanied by a sworn affidavit detailing my service in the Armed Forces to include branch of service, length of service, rank at time of discharge or current rank, date of discharge (if discharged) and characterization of service (if discharged). I understand that if I am accepted into the program I must complete all mandates of the program and that if I fail to do so the Court reserves the right to sentence me in accordance with my plea(s) or provide to me any sanction, extension or additional treatment that it might deem appropriate and at my own expense. I understand that I must abstain from all alcohol or other mood altering chemicals or other medications unless disclosed to the Court and approved by the Compliance Panel. I understand that enrolling in the Veterans Court will not absolve me of the responsibility for my actions and that I will still be financially liable to any victim(s) in my case(s) and that the Court may order me to pay restitution, if required by the nature of my case, while I am participating in the program, in addition to any fees or costs associated with any or all of my charges, to include attorney s fees. I understand that I must inform the Court or Compliance Panel within 3 days if I change residence or employment. I understand that I must inform the Court or Compliance Panel within 3 days of any new arrest, including traffic citations. I or my attorney will be notified of my first appearance at the Veterans Court before the Veterans Court Judge. 40

42 I understand that, if I fail to appear to the Veterans Court on the above-listed date and have not made other appropriate arrangements prior to that date, I will ineligible for consideration for entry to the Veterans Court program. I understand that only 2 absences excused or otherwise are allowed. Exceeding 2 absences may result in the imposition of sanctions. I acknowledge that the contact information provided below is true and accurate and that it is my responsibility to inform the court of any changes in that information. I acknowledge that I have read the contents of the Veterans Court application packet and agree to its terms. If an emergency arises and I cannot make it to court on the above listed date, I will make contact with the Court to make other arrangements. Defendant s Signature Date 41

43 III. Notice to Patients Pursuant to 42 C.F.R The purpose of, and need for, this disclosure is to inform the court and all other named parties of my eligibility and/or acceptability for substance abuse treatment services and my treatment attendance, prognosis, compliance, and progress in accordance with the Veterans Court monitoring criteria. I understand that this consent will remain in effect and cannot be revoked by me until there has been a formal and effective termination of my involvement with the Veterans Court Program for the above-referenced case(s), such as the discontinuation of all court supervision upon my successful completion of the Veterans Court Program requirements OR upon my discharge from the program or the imposition of my sentence following my termination from the Veterans Court Program for failure to comply with Program requirements. I understand that any disclosure made is bound by Part 2 of Title 42 of the Code of Federal Regulations, which governs the confidentiality of substance abuse patient records and that recipients of this information may re-disclose it only in connection with official duties. The confidentiality of alcohol and drug abuse patient records maintained by this Program is protected by federal law and regulations. Generally, the program may not say to a person outside the program that a patient attends the program, or disclose any information identifying a patient as a drug or alcohol abuser UNLESS: 1.) The patient consents in writing; 2.) The disclosure is allowed by a Court Order; or 3.) The disclosure is made to medical personnel in a medical emergency or to a qualified person for research, audit or program evaluation. Violation of federal law and regulations by a program is a crime. Suspected violations may be reported to appropriate authorities in accordance with federal regulations. Federal laws and regulations do not protect any information about a crime committed by a patient either at the program or against any person who works for the program or about any threat to commit such a crime. Federal laws and regulations do not protect any information about suspected child abuse or neglect from being reported under state law to appropriate state or local authorities. I,, have read or had explained to me the Notice to Patients Pursuant to 42 C.F.R regarding the disclosure of my substance abuse treatment information and hereby consent to the release of the approved substance abuse treatment information between the following individuals and/or entities: Signature of Applicant Defendant Date 42

44 IV. Statement of Service in the United States Armed Forces The following is a statement in the applicant s own words describing my service as a member of the United States Armed Forces, including rank, decorations, awards, tours of duty abroad, duty stations and any preferral or referral of charges against the applicant. If the applicant is no longer a member of active duty or active reserve duty, then they have attached a copy of their DD Form 214 which details the circumstances and characterization of discharge from the Armed Forces. If they are unable to attach my DD Form 214 then the applicant has attached a sworn affidavit regarding the circumstances and characterization of the applicant s discharge from the Armed Forces: I certify that the foregoing statement is true. Defendant (Print Name) Defendant (Signature) 43

45 V. Defendant s Admission of Guilt AMERICA S WARRIOR PARTNERSHIP I, (your name), hereby voluntarily and in the presence of my attorney (attorney s name), state the following facts concerning my arrest on (date of offense): I have read the above statement and verify that it is a true and accurate representation of fact, this day of, 20. I verify that I have not in any manner altered the truthful account of the facts surrounding my case in order to receive the privilege of participating in the Deferred Prosecution Program. I further verify that I enter this Admission of Guilt voluntarily, and that I have not been coerced or threatened into doing so. I understand that only in the event I am rejected for the Deferred Prosecution Program that this Admission of Guilt will not be used against me in the further disposition of this matter, whether by plea, trial, or otherwise. However, I also understand that in the event I am admitted to the Deferred Prosecution Program and am subsequently terminated from that Program for non-compliance, this Admission of Guilt will be used against me in subsequent proceedings regarding this matter, including its admission at any trial regarding this matter. Defendant s Signature Date 44

46 VI. Medical Information of Defendant The following is a list of medications that I am currently taken or have taken in the recent past: MEDICATION REASON FOR TAKING Have you been diagnosed with any type of mental health issues in the past? If so, what was the diagnosis? How long ago was that diagnosis made? Who made the diagnosis? Are you currently under the care of a mental health professional? If so, who is your doctor/therapist? What are your current medical issues, if any? What previous medical issues, if any, may have led to the misconduct of which you have just detailed above? What other mental health and/or medical issues, if any, should the Veterans Court consider when factoring both your application and treatment? 45

47 VII. Drug Screening Protocol As a condition of my admission into the Veterans Court Program, I understand and agree to all of the following Drug Screening Protocols and Procedures: 1. Drug Screening shall be conducted only on urine samples provided by me. I will not be allowed to have drug screening conducted by blood sample, hair follicle, or other screening method, unless otherwise ordered by the Court; 2. I will be drug screened at a frequency determined by the Veterans Court by the Treatment Team and/or the Court; 3. Following my formal admission to the Program, I will be required to obtain a drug screen at the Department of Alternative Sentencing; 4. Any positive drug screen result (a result that indicates I have used a prohibited substance or a result that indicates an abnormally diluted urine sample) must be confirmed before I may be sanctioned or punished for such result. A positive drug screen may be confirmed in two ways. I will first be given an opportunity to admit or deny use of the substance indicated by the initial drug screen result, or to accept or challenge an initial indication of an abnormally diluted urine sample. If I admit use of the indicated substance or accept the initial indication of abnormal dilution, I understand I will be sanctioned or punished for such result. If I deny use of the indicated substance or challenge the initial indication of an abnormally diluted urine sample, I will not be sanctioned or punished until my urine sample is tested by a facility approved by the Court. I understand that a sanction following an independent confirmation will be more severe than a sanction following a confirmation by my admission and acceptance of responsibility. I will be responsible for payment of the confirmation testing by a local hospital. 5. I agree that all drug screen results will be provided to the court in writing, and that all supporting chain of custody information will likewise be provided to the court in writing. As a condition of my admission into the Program, I expressly and specifically waive any requirement for personal appearance by, or testimony of, any person or entity involved directly or indirectly in the transportation, storage, maintenance, handling, or testing of any urine screen; 6. In the event I provide a urine sample at Department of Alternative Sentencing that I believe may be abnormally diluted, I will have the opportunity to leave a second urine sample, provided: (a) I do not leave the lab between providing the first and second sample; (b) I leave the second sample no more than 60 minutes after the first sample; and (c) the second sample is provided prior to 5:00 p.m.; 7. I may not ask any lab personnel about the results of any drug testing on any of my urine samples, nor seek advice regarding providing second urine samples under the circumstances set forth in Paragraph 8; 46

48 8. I must leave a sufficient volume of urine for both initial drug screening and confirmation testing. The minimum volume required for such testing will be determined by the Department of Alternative Sentencing. If I do not leave a sufficient volume of urine for either initial drug screening or confirmation testing my urine sample will be deemed to be positive and I will be sanctioned for such result; 9. I understand the Department of Alternative Sentencing is open from 8:00 a.m. to 5:00 p.m. and that I am not allowed to test outside of those hours without the prior written authorization of my case manager. I understand that lab personnel are specifically prohibited by the Court from accepting urine samples outside of these hours without prior written consent of my case manager. Signature of Applicant/Participant Date Applicant/Participant s Attorney Date 47

49 VIII. VETERANS COURT SANCTIONS Sanctions will be imposed for violation of any of the Rules & Requirements, as well as violation or any other failure to comply with an Order of the Veterans Court Judge, Veterans Court Case Manager or the Veterans Court Compliance Panel. Sanctions will be imposed based on the specifics of the individual case. Additionally, treatment may be required which may include an outpatient or inpatient treatment program. Such a requirement is a therapeutic effort to address my problem and is not designed to be a sanction or punishment for any rules or requirements I may have violated. The same violation may not result in the same sanction for two different Veterans Court participants. The following is a partial list of sanctions that may be imposed for noncompliance. The Court or Veterans Court Compliance Panel may impose different or additional sanctions that may be appropriate for the non-compliant conduct: Incarceration in the Jail Detention at the Community Corrections Facility (Work Release) Community service Home Detention Electronic monitoring Curfew Imposed Increased frequency of court appearances Phase Demotion Increased reporting to Case Manager Increased frequency of drug screens Delay in graduation date Increased costs to graduate (only applicable if sanction results in extension of time to graduate) Termination from the Veterans Court Program Imposition of Sentence or reinstatement of charges that were continued to be dismissed pursuant to Deferred Prosecution I have read and understand the sanctions I may be subject to for violation of the Veterans Court Rules & Requirements. Applicant/Participant Witness Date Date 48

50 APPENDIX II 49

51 Handbook for Mentors Veteran Court Mentors represent excellence and courage. They share a vision and expectation for the VTC participant. Mentors and VTC participants have a few things in common; they both have endured unique challenges during and after their service. As Mentors, it s our responsibility to make the time to support our warriors. 50

52 VTC COURT LETTERHEAD [Mentor Handbook Welcome Letter] DATE Via Hand Delivery Prospective Mentor Dear Prospective Mentor: We welcome your interest in the Veterans Court Mentor program. We are excited about your potential involvement. Your mentor/vtc participant relationship will contribute to the success of the program and the success of the VTC participant. This handbook is provided to ensure that you have the resources needed to assist you through the mentoring process and inform you of the responsibilities of each mentor before you embark on this important volunteer task. Participants in this program deal with a variety of issues; such as substance abuse, mental health problems, anger issues, trouble transitioning back to civilian life and post-traumatic stress disorder. Through this program, mentors are in place to assist VTC participant s with getting help with services such as mental health problems, medication, employment resources, homelessness, addiction, housing resources, communicating to the VTC participant the importance of attending required court appearances and helping the VTC participant to obtain suitable and reliable transportation. This is a program designed for Mentor s to support other veterans (VTC participants) and help them get the support that they need and deserve during the process of completing this one (1) year program. We urge you to become familiar with this Handbook because there may be specific information in the handbook that can assist you with the imperative partnership between you and the VTC participant. Thank you for your continued service. Judge So and So Circuit Court Judge. 51

53 The Mentor Program Mission & Description. The mission of the Mentor Program is to ensure that every participating veteran in the VTC has a fellow veteran who acts as a mentor, advocate and ally. The VTC relies on cooperation and collaboration among the criminal justice system, the U.S. Department of Veterans Affairs, veterans service organizations, and community treatment agencies to provide comprehensive treatment for veterans. In addition to these entities, the Court also utilizes mentors. Mentors are veterans of the U.S. Armed Forces who volunteer their time to assist the Court, providing advice, personal experiences, recommendations and guidance to veterans. Many of our mentors come from a number of veterans service organizations, the local community and government organizations. Mentors include but are not limited to those who have served in peacetime, Vietnam, Desert Storm/Shield, Operation Enduring Freedom and Operation Iraqi Freedom. The mentor relationship promotes and fosters, through encouragement, a can do attitude in the veteran. The veteran becomes motivated to accomplish his or her treatment goals, feels that he or she is not alone, and knows that the mentor and the Court are there for them. Experience has shown that veterans respond more favorably to other veterans who have served in the military and share similar experiences. The veterans appear to be more comfortable when talking with a fellow veteran because the mentor converses and interacts with the veteran participant as a peer rather than as an authority figure. The change in demeanor of the veteran participant becomes an opportunity to make a profound impact on the veterans who enter the VTC. Based on these observations it became clear that mentors would be an essential part of the VTC. We anticipated that these active and supportive relationships maintained throughout treatment would increase the likelihood that a veteran would remain in treatment and improve his or her chances of maintaining sobriety and law-abiding behavior. Mentor Responsibilities & Requirements. The mentor acts as a coach, a guide, a role model, an advocate, and a support for the veteran participant as they progress through the court process. This includes listening to concerns, making general suggestions, assisting the veteran in determining his or her needs, and acting as a support for the veteran, especially when he or she may be feeling isolated. Mentors are assigned to each program participant. There will be both a primary and secondary (backup) Mentor if possible. The back-up helps maintain stability with the court should the primary need to be absent from a court appearance. Mentors are a regular presence for the VTC participant. They serve as an ally and an extension of the Court. The Mentor assists the participant as he/she navigates through the Court and treatment activities. Mentors are recommended to articulate clearly expectations to the VTC participant. As appropriate, mentors should try to develop with their VTC participant s a timetable for completing specific objectives and provide an environment where communication is encouraged. Ongoing communication between the mentor and the VTC participant is invaluable. Try to establish a partnership based on an open communications, productive and proactive interaction. Consistent communication via phone or is an important element of mentoring. Regular face-to-face meetings are vital to building a strong and effective relationship between each of your participants. Actively listening to the participants will allow the mentor to find out what the professional and 52

54 personal goals are of the VTC participant. The mentor must be ready to offer suggestions and general guidance to the participants for any concerns they may have as they progress through the program, but it is not the mentor s job to solve the problem for the participant. Rather, the mentor can help the participant identify resources that might be helpful and encourage the participant to do the footwork to get the help they need to solve their own life s challenges. Finally, the mentor should be protective of sensitive information given to him/her by the veteran and not reveal any information except as may be required by the court unless in a situation where safety of the participant or another human being may be at risk. In those critical situations, the mentor must make emergency contacts to prevent harm. The following are recommended guidelines and qualities for every mentor: Meet with the veteran participant once a week for at least one hour. Be supportive and understanding of the difficulties the veteran is facing. Assist the veteran as much as possible in resolving their concerns regarding court procedures. Be supportive and helpful to other mentors. Have a genuine concern for veterans in the legal system. Be in good standing with the law. Be a veteran of one of the branches of the United States Armed Forces, including the Army, Marine Corps, Navy, Air Force, Coast Guard, and their corresponding Reserve and Guard branches. Adhere to all of the VTC Program s policies and procedures. Commit to participation for a minimum of one (1) year or until the participant graduates. Complete the required initial training as specified by the Court prior to participation in VTC. Participate in any additional training as required by the VTC. Do not engage in any drug use, alcohol use, sexual activities or other unlawful activities with the VTC participants. Notify the Mentor Coordinator if the participant becomes suicidal, wants to harm others, or engages in unlawful activities. Active listener & empathetic. Encouraging and supportive. Tolerant and respectful of individual differences. Knowledge of community resources and services. Mentor Screening Policy. Each prospective mentor must complete a screening process conducted by the VTC Mentor & Resource Coordinator. The decision to accept or deny an applicant will be made by the Mentor & Resource Coordinator, the Program Director, and the Judge. Feedback regarding the prospective mentor s denial may or may not be given. The decision to provide or withhold feedback is solely at the discretion of the VTC Mentor & Resource Coordinator, the Program Director, and the Judge. The volunteer mentor screening procedure includes, but is not limited to: Completing a written application form; Completing a personal interview; 53

55 Completing a background check. AMERICA S WARRIOR PARTNERSHIP Mentor Training Policy. Training is crucial for volunteer mentors and initial training is especially important for prospective mentors. All prospective mentors must complete the required initial training or they will not be able to mentor during court proceedings. Training will include attendance at multiple VTC dockets to understand the process. It will also include being paired with a senior Mentor, or the Mentor Coordinator, so that the conduct of the mentorship is appropriate and effective. Mentor Eligibility & Recruitment Policy. Each mentor must meet the eligibility criteria outlined in section Veteran Mentor Requirements to participate in the program. Extenuating circumstances may be reviewed at the discretion of the VTC Mentor & Resource Coordinator. The VTC Mentor & Resource Coordinator assumes the majority of the responsibility for recruiting new mentors. The VTC team, its collaborative partners and current mentors are strongly encouraged to refer highly respectable and reputable veterans to the VTC Mentor Program. Additionally, VTC team members and mentors are strongly encouraged to attend and host informational sessions and training for perspective mentors. Recognition and Awards. At least once a year all mentors will be recognized for their role in the. The VTC Mentor & Resource Coordinator is responsible for planning and implementing recognition activities. The VTC Mentor & Resource Coordinator The Mentor & Resource Coordinator is essential in maintaining the success of the VTC Mentor Program. The Mentor & Resource Coordinator is responsible for recruiting prospective mentors, screening and selecting candidates, and educating them about. The Mentor & Resource Coordinator is also responsible for individual and group supervision as well as scheduling mentors to be present during court proceedings. The Mentor & Resource Coordinator also coordinates all activities with the court team staff, court coordinator, and the Judge. Mentor & Resource Coordinator Duties and Responsibilities Recruit and train volunteer mentors Assist in the retention of mentors Organize and conduct training for mentors Assist in supervision of mentors Assist in developing specialized training projects Perform duties as assigned by the Program Director and the Judge Sustain and evolve the Mentor Program The Mentor & Resource Coordinator is a very important part of the VTC team, especially since all of the mentors have such close interaction with the veteran participants in the VTC program. This individual should be both a senior mentor and a trusted member of the VTC team. Knowledge of a Prospective Mentor s Negative History Current mentors with knowledge that a prospective mentor has a negative history and/or background must communicate his or her knowledge or concerns to the VTC Mentor & Resource Coordinator, 54

56 the Program Director, or the Judge. Withholding this information may jeopardize the integrity of the VTC Mentor Program, the Court, and/or the veteran participants. Unacceptable Behavior Policy Unacceptable behaviors will not be tolerated while a mentor is participating in the program. Because of the direct impact a mentor has on a veteran participant, behaviors that are not aligned with the mission, vision, goals, and values of the are unacceptable and prohibited. Courtroom Etiquette and Proper Attire. A courtroom is a solemn place which represents the judicial branch of the government, and a judge demands respect, whether it s federal, state, or local. The prosecution represents either the city or state prosecuting the veteran and they too should be treated with reverence and respect. This applies to both the mentor and the VTC participant. All members of the VTC Team, to include the mentor, will be treated with the utmost respect. Any VTC participant appearing before the court shall have the responsibility to act and speak to the Judge and all that are involved as representatives of the court with respect. In addition, the VTC participant should have respect for the courtroom process. When in court it is suggest that the mentor advise the VTC participant of the following: No hats or baseball caps; Avoid excessive jewelry-keep the jewelry to a minimum; Do not appear before the Court wearing over fitting clothing; Consider a conservative haircut; Natural hair and nail color; Make sure your hair is brushed, and if you have facial hair it should be groomed and trimmed; Tuck in your shirt; No beach clothing; Steer clear of clothing that communicates a message; Arrive early and prepared; No Shorts; No Halter or tube top; No Flip flops; No ripped or torn jeans; No clothing that depicts or promotes violence, sex acts, illegal drug use or profanity. Cover any tattoos and remove removable piercings, if possible. The proper way the VTC participant should address the Judge is Your Honor, and should address other Court representatives as Sir or Ma am, to include the other mentors. 55

57 FORMS FOR PROSPECTIVE MENTORS AMERICA S WARRIOR PARTNERSHIP There are a number of forms that each prospective mentor will need to complete. Depending on the jurisdiction of the, several forms may need to be completed to both state and federal agencies. Those forms will likely include: Application for Volunteer Services (State Office of Courts); Department of Homeland Security, Form I-9; Application; Mentor s Personal Date Sheet & Consent Form (Attached); Background Check Consent Form. Again, each jurisdiction will have standard forms for each of these. It is important to realize the sensitivity and confidential nature of many of the documents and communications to which Mentors will be exposed. However, the Mentor s Personal Data Sheet & Consent Form is uniquely developed for VTC programs and is therefore attached to this Handbook. 56

58 [SAMPLE] VETERANS COURT Mentor s Personal Data Sheet & Consent Form Privacy Act Statement Privacy Act Statement of 1974 (SUSC 552a) AUTHORITY: Title 37 USC see 101 INFORMATION PROVIDED IN THIS QUESTIONNAIRE SHALL BE DISCLOSED ONLY TO THE VETERANS COURT AND/OR AGENTS OF THE VETERANS COURT. INFORMATION SHALL BE DISCLOSED FOR OFFICIAL COURT USE ONLY. I have read and understand this Privacy Act Statement above; Initials: General Information: Printed Name: SSN: DOB: State of Birth Gender: Religion/Faith: Residence (Current Physical Address): Street Address City State Zip Mailing Address (If Different from Above): Address/P.O. Box City State Zip Permanent Address (of someone will always know how to contact you): Street Address City State Zip Place of Employment (if applicable): Contact Phone: (H) (W) (C) Hobbies: Military Service Information: Branch of Service: Years Served: Type Discharge: DD214 (Y) (N) Veteran Status: Combat Vet (Y) (N) Retired (Y) (N) Service Connected Disability (Y) (N) VA Disability Rating % Family Information: 57

59 Next of Kin: Name Relationship Next of Kin Address: Marital Status: Single ( ) Married ( ) Divorced ( ) year of divorce State where divorced was granted Widowed ( ) year spouse died State where spouse died Spouse Name: Significant Other Name: Children Name(s): Are any children under the age of 19? (Y) (N) Emergency Contact Name: Relationship: Phone Numbers: 58

60 59

61 APPENDIX III 60

62 Veterans Court Participant Graduation Questionnaire [Your Judicial Circuit] 61

63 Congratulations Graduate! You have successfully completed this. To ensure the viability of this so that we can continue to assist veterans like you, and as a final condition of your treatment, please answer the following questions: 1. When did you enter? 2. What were your charges? Describe. 3. Did you have any substance abuse issues, to include alcohol, prior to entering the Veterans Treatment Court? a. If yes, what substances? 4. Had you been diagnosed with Post Traumatic Stress prior to your entry in this Veterans Treatment Court? a. Have you been diagnosed since? If so, when? 5. Please list the veterans and/or VA benefits that you have incurred since your entry into the program? 6. Please list the veterans and/or VA benefits that you have improved upon since your entry into the program? 62

64 7. What would you identify as your single biggest issue upon entry into the Veterans Treatment Court? 8. How would you describe the current existence of that single biggest issue now that you are graduating from? How will you deal with it going forward? 9. Were you employed prior to entry into the? Describe. 10. Would you describe that employment as under-employed, satisfactory or over-employed? Why? 63

65 11. How would you describe your employment now as compared to when you entered Veterans Treatment Court? Explain. 12. Describe how your relationships with family and friends, to include children, have improved since your entry into the? 13. Did you have permanent housing prior to entering the? a. If not, do you have housing now? b. If so, has your housing improved since entry into the? Describe. 64

66 14. Describe your physical ailments prior to entering? a. How have your physical ailments improved, if at all, since your entry into the? b. Are your physical ailments service related? Explain. c. Do you believe your physical ailments were to blame, at least in part, for your addiction (if any)? Explain. d. What medications are you still taking upon graduation? 65

67 15. What was your education level upon entry into the? 16. Have you taken any steps to increase your education level since your entry into the Veterans Treatment Court? Describe the steps you have taken. 17. What was the primary reason(s) why you were able to succeed in Veterans Treatment Court? 18. What type of counseling did you find the most helpful? Why? 19. If there is one thing you could change about, what would it be? Describe. Congratulations! You re outta here! 66