Federal Veterans Treatment Court · Veterans will attend the VTC monthly until Veteran completes...

By Public Counsel

Federal Veterans Treatment Court

Coming Home

How do we treat Veterans’ criminal offenses tied to untreated psychological injuries from war?

In 2008, 1.8 million troops served in OIF/OEF

Coming Home

300,000 troops suffer from PTSD

Invisible Wounds of War: OEF/OIF Combat Experience


36.7% Received Small Arms Fire

48% Killed an Enemy Combatant


51% Handled Human Remains


28% Responsible for Death of a Noncombatant


86% Knew Someone Seriously Injured or Killed


How Combat Trauma Leads to Criminal Behavior

Many returning veterans self-medicate with alcohol or drugs and fall into self-destructive, reckless, or even violent behavior

• Others suffer flashbacks and they believe they are back in combat and act out

• Studies show a potential tie between TBI and violence

Source: Iraq and Afghanistan Veterans of America

Rising crimes waves have occurred after every war

EPICON evaluated wave of violent crimes in 2009 of returning combat veterans with these findings:

• Ruled out “bad seeds” theory: There is no correlation between post-war violence and pre-service bad behavior

• Combat veterans suffer a combination of pressures from multiple deployments and exposure to combat

• Common thread: combat trauma leads to criminal behavior

How Combat Trauma Leads to Criminal Behavior

In Vietnam, draftees served one 12-month combat tour.

The Impact of Extended Multiple Tours

Many OIF/OEF troops have served 2 or 3 combat tours


Some OIF/OEF troops have served 4, 5, 6, 7, or even 8 combat tours.


Incarceration After Vietnam

Vietnam Theater Veterans

Current PTSD Incarcerated

3,140,000 479,000 (15.2%)

223,000 (45%) 34.2% Misdemeanor

11.5% Felony

Source: National Center for PTSD Fact Sheet: Findings from the National Vietnam Veterans’ Readjustment Study, 1988 ~

National Vietnam Veterans

Readjustment Survey (NVVRS)

Extrapolated Incarceration for

OEF/OIF Veterans

OEF/OIF Theater Veterans

Current PTSD Incarcerated

US: 2,200,000 CA: 198.000

US: 770,000 (35%)

CA: 69,300

US: 346,500 (45%)

CA: 31,185

Source: Extrapolation based on data from National Center for PTSD Fact Sheet: Findings from the National Vietnam Veterans’ Readjustment Study, 1988; and VA published estimates of OEF/OIF veterans’ PTSD rates.

Extrapolation for U.S. and California

Increased Mental Health

Problems for Returning Veterans

Number of OIF/OEF Veterans living on the streets, at risk of losing their homes, living in temporary housing, and receiving federal vouchers for rent has doubled

• 2010: 10,500

• 2012: 26,531

Cause: Mental illnesses (PTSD) combined with an economic downturn

Source: Gregg Zoroya, “Homeless, At-Risk Veterans Double” USA Today 27 December 2012

The Invisible Wounds of War

What are some of the Invisible Wounds of War?

Persistent avoidance of stimuli associated with the traumatic events of combat, resulting in the numbing of responses

Traumatic events are re-experienced (triggers)

The Invisible Wounds of War

What are some of the Invisible Wounds of War?

Hyper-Arousal Symptomatology of Interest

• Sleep interference

• Outbursts of anger

• Concentration/focus problems

• Unreasonable Fear and Hypervigilance

• Exaggerated Startled Response

• Post Traumatic Stress PTS, PTSD, combat stress, military operational stress – watch “disorder”

• Traumatic Brain Injury (TBI)

• Military Sexual Trauma (MST)

• Depression

• Substance Abuse/Addiction These become worse with incarceration, treatment resistant with age and chronicity. Early identification and timely treatment yield the best results.

Wounds are Treatable Conditions

Successful Approach: Low Recidivism,

Saves Both Money and Lives

Veterans Treatment Courts provide the necessary treatment for the

Invisible Wounds of War

Overview:

State Veterans Treatment Courts (VTC)

First State Veterans Treatment Court • Judge Robert Russell: Buffalo City Court (2008)

• Zero recidivism after two years

Over 120 VTC’s in U.S.

• 13 in California

100 VTC’s in the Planning Stages Source: Elliot Blair, “War Heroes Gone Bad Divided by Courts Favoring Prison or Healing” Bloomberg News Justice for Vets

Overview:

State Veterans Treatment Courts

• Collaborative Team Model • Hybrid of drug court and mental health court operation • Provide and monitor treatment in lieu of jail/prison • Distinctive VTC features: Veteran Mentors & VA care

• 3-4 Phased Program

• Therapeutic/legal/social focus toward independence

• Procedure • Most plea agreements include legal incentives upon

completion or at phase intervals as legally permitted • Charges dismissed or reduced • Intense scrutiny in probation monitoring • Dynamic individualized treatment plan (12-18 mos) • Felonies/Misdemeanors (formal/informal probation) • Drug/Alcohol testing as required

Veterans Treatment Courts

Are Cost Effective

• 100 veterans per week booked into county jails

• Diverting 21 veterans in VTRC program saved $530,000 in jail costs

• VA paid for treatment for the 21 participants, saving the county equivalent of $409,000 for 3,500 residential days

• $39 per day

• 1,100 hours of therapy ($61.50 p/hr LCSW rate)

• Low Recidivism: 4.7%

Feb 2011-Feb 2012 San Diego VTRC data

Launched in 2010 as a collaboration among the County Superior Court, District Attorney's Office, Public Defender's Office, Alternate Public Defender's Office, Office of Public Counsel and the VA.

Source: “First Defendants Graduate from L.A. County Veterans Court” Los Angeles Times


Save Money

LA Veterans Court

By shifting veterans away from prison and providing treatment, the program has now saved taxpayers approximately $3 million, according to the District Attorney’s Office

Source: “First Defendants Graduate from L.A. County Veterans Court” Los Angeles Times


Save Money

LA Veterans Court

Keys to Establishing Federal


First Federal Veterans Treatment Court was established by Judge Paul Warner in April of 2010 in United States District Court of Utah

• Step 1: Find a federal magistrate who wants to do the VTC model

• Helps if judge is a veteran of high ranks

• Veterans generally have immediate respect

• Judge can establish good rapport with veteran

• Step 2: Support from Veterans Affairs

• Step 3: Obtain a knowledgeable, well-connected Veteran Justice Outreach (VJO) Coordinator

• VJO enables judge to access numerous services for veterans (housing, medical, employment/vocational, support groups)

• VJO makes an assessment of veterans’ eligibility and facilitates signing of waivers

• Step 4: Get support from United States Attorney, Federal Public Defender, and Probation Office

Keys to Establishing Federal


Current Veterans Treatment Courts

• First Federal VTC: Utah

• District of Utah

• Judge Paul Warner

• Chicago, Illinois

• Northern District of Illinois

• Norfolk/Newport News

• Eastern District of Virginia

• Buffalo, New York

• Western District of New York

• Roanoke, Virginia

• Western District of Virginia

Federal Veterans Treatment Courts:

Referral Process

Court will make preliminary decision whether Federal VTC is appropriate

• Court enters an Order for assessment

• If Veterans are willing, Court schedules next VTC date (approximately 30 days)

• Admission to program may be reassessed during criminal proceedings

• Must be admitted before final adjudication

Community Supervision

Veterans will attend the VTC monthly until Veteran completes the program

• Veterans Justice Outreach (VJO) Specialists and the Veterans Affairs Medical Center (VAMC) provide intensive supervision services

• VJO also provides assistance with medication, housing, and transportation

Federal Veterans Treatment Courts:

U.S. Supreme Court, Statutes

Our Nation has a long tradition of according leniency to veterans in recognition of their service, especially for those who fought on the front lines as Porter did.

• Moreover, the relevance of Porter's extensive combat experience is not only that he served honorably under extreme hardship and gruesome conditions, but also that the jury might find mitigating the intense stress and mental and emotional toll that combat took on Porter.

• Porter v. McCollum, 558 U.S. 30, 130 S.Ct. 447, 455-56 (2009)

― CA Penal Code 1170.9

― MN Stat § 609.115 Subd 10

Congressional Support for


• Justice and Mental Health Collaboration Act • Bipartisan legislation to authorize Veterans Treatment

Courts and Re-Authorize Mental Health Courts • Authorizes investments in veterans treatment courts • Source: franken.senate.gov

• Justice Department Funds More Than $1 Million to

Veteran Treatment Courts • Allotted for the 2011 fiscal year under the Adult

Discretionary Program • Source: PR Newswire 10 November 2011

• The Service member Assistance for Lawful

Understanding, Treatment and Education (SALUTE) Act • Provides grant funding for Veterans Treatment Courts • Source: “Veterans Courts in Line for Funding” Daily Item 22

March 2012

Congressional Support for

Veterans’ Mental Health Care

Representative Jeff Miller

• Proposed idea of tapping into military's Tricare

network

• Currently, one-half of Veterans seeking mental health care must wait 50 days

Source: Kevin Freking, “Jeff Miller Looks Outside Veterans Affairs to Fill Mental Care Gap” Huffington Post 29 January 2013

VTC Promotes VA’s Goals for

Homeless Veterans

Homeless Veterans

• 76% of homeless veterans suffer from substance abuse or mental health disorder

• VTC’s identify problems and help get homeless veterans off the streets

VA 2011 Program for Homeless Veterans

• Provides community non-profit groups with cash to help keep troubled veterans in housing or get them off the streets.

• Expenses cover housing costs, health care, child care, transportation and training

VTC Promotes President’s Goals for

Homeless Veterans

• President Barack Obama issued an Executive Order requiring VA to establish at least 15 pilot projects contracting with local mental health care providers for Veterans

• President Barack Obama issued an Executive Order to improve access to mental health services for Veterans

• Build partnerships with community providers

• Hire more VA health care professionals

• Develop a National Research Action Plan for early diagnosis and effective treatment for TBI and PTSD

Success of Veterans

Treatment Courts: Graduation

Honoring Veterans’

Accomplishments

• Judge Warner of the District of Utah gives graduates of Federal VTC program a challenge coin

• Special significance of the challenge coins to veterans

• In the military, commanders often give these coins in recognition of a special achievement

The Power of Veterans

Treatment Courts

CBS 60 Minutes

http://www.tv.com/shows/60-minutes/watch/october-14-2012-2580266/

Special Thanks

Jodi Galvin • Retired L.A. City Attorney and Pro Bono

volunteer for Public Counsel

Michael Nachmanoff • Federal Public Defender

Eastern District of Virginia

Matt Stiner • Matt Stiner, M.P.A.

Director Justice For Vets

The Honorable Paul Warner • United States District Court Judge for

District of Utah

Jude Litzenberger • Coordinator, Veterans Treatment Review Calendar, San Diego Superior Court and Executive Director, California Veterans Legal Task Force

Help Establish Federal


If you would like help or assistance establishing a Federal VTC, please contact:

• Paul Freese

Email: [email protected]

• Paul Warner


Tel: 801-524-6624

• Matt Stiner


Tel: 571-384-1858

mailto:[email protected]

mailto:[email protected]

Federal Veterans Treatment Court · Veterans will attend the VTC monthly until Veteran completes...

Documents

Transcript of Federal Veterans Treatment Court · Veterans will attend the VTC monthly until Veteran completes...