Veterans Treatment Courts: Dignified Handling of Traumatized Veterans

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1 Veterans Treatment Courts: Dignified Handling of Traumatized Veterans Duncan MacVicar California Veterans Legal Task Force Veteran and Domestic Violence In-Service Seminar Swords to Plowshares March 2012

2 It Started in Buffalo, New York, 2008 Hon. Robert T. Russell, Presiding Divert eligible veterans to a Veteran s Track within the Buffalo Drug and Mental Health Courts system. Establish an intervention and support network to service these veterans. Create individualized functional case management plans to deal with participants mental health and other issues. Assist the military and the Veteran s Health Administration in providing transition assistance for troubled soldiers and veterans.

3 Today There Are Over 90 Veterans Treatment Courts in the Nation

4 Veterans Treatment Courts in California Eleven courts operating: El Dorado, Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Joaquin, Santa Barbara, Santa Clara, Tulare, Ventura counties Many other jurisdictions in discussion Some jurisdictions inventing alternatives Nevada, Kern, Sonoma counties so far Based on alternative sentencing law for veterans, but use all existing law

5 Why are VTCs Needed? Many soldiers return from combat traumatized PTSD, TBI, depression, Need mental health therapy But veterans often deny these problems Untreated, problems get worse Sometimes leads to crime Veterans Treatment Court is the mechanism to turn them around Chance of no criminal record Problem: Participation is voluntary, and traumatized veterans are typically in denial

6 Mental Health Courts Defendant assessed and found mentally ill Plea might not be required ( diversion ) No criminal record Judge supervises progress of treatment Theory: Better to treat them than to incarcerate If jailed, will probably re-commit crime afterward This type of court called Collaborative Court Focus on needs of the defendant, not guilt/innocence Others: Drug, Homeless, Domestic Violence, Driving Under the Influence, Parolee Re-entry

7 VTC is a Special Mental Health Court Difference: Resources specific to veterans are included: VA hospitals, clinics, Vet Centers County Veterans Service Officer Local peer mentoring organization Veterans housing, employment, and other support Dedicated court calendar is therefore efficient VTC team develops expertise in dealing with militaryspecific mental health problems Team gathers only during court and pre-court staffing

8 California s Alternative Sentencing Law California Penal Code Section Eligibility: Veteran Service-related mental health problem (Judge may require formal assessment) Defendant: Crime arose from mental health problem Crime is eligible for probation (post-plea bargain) Guilty finding, placed on probation Therapy in lieu of incarceration Local, state, federal, or nonprofit program(s) (Note: Some programs, including DV, required by law)

9 How does a VTC Work? In California: A post-plea monitoring court Defense approaches VTC team Team accepts defendant Plea bargain in originating court (incl. guilty plea) Defendant found guilty, placed on probation Referred to VTC for monitoring VTC: Supervised therapy and education Graduation: Charges typically dismissed or expunged

10 What Constitutes a Special Court? Two elements: Calendar Judge Courtroom Day of month Team of professionals Notes: This is an informal definition For VTCs, the team is more important than the calendar

11 Typical Offenses of Veterans Anything high risk, e.g. High-speed driving Robberies DUI Drug possession Bar fights/assaults Possession/brandishing of firearms Domestic Violence

12 Occurrence of Domestic Violence among veteran defendants Study in El Paso County (Colorado Springs), Colorado: 33% Recent Alameda County study: 7% Study in Travis County (Austin), Texas: Very low (no % reported)

13 Benefits to Society of VTCs Lower two-year recidivism Misdemeanors (VTC 0-15% vs %) Felonies (VTC 0-15% vs. 70%) Note: Only initial data so far Lower cost of incarceration Prison costs $40,000-$60,000 per year Supervision and therapy cost much less Local taxpayers save with VTCs since most therapy is VA ( free )

14 Questions and Discussion