Jude Litzenberger, Coordinator, Veterans Treatment Review Calendar, San Diego Superior Court and Executive Director, California Veterans Legal Task Force; (LCDR, USN (Ret.)

Hon. John Lonergan, California Superior Court, Los Angeles County (Col., USAR)

Paul Freese, Director of Litigation and Advocacy, Public Counsel Law Center Los Angeles (Veteran, US Army)

VETERANS TREATMENT COURTSJudge Robert Russell – Buffalo City Court 200890 (+) Veterans Treatment Courts in U.S.13 in California -Santa Clara, Orange, San

Bernardino, Tulare, Los Angeles, Ventura , San Joaquin, San Diego, Riverside, Santa Barbara, El Dorado, Placer, San Mateo (Sonoma, Kern, Monterey, Alameda, Sacramento, Sierra, San Luis Obispo, Kings)

Collaborative Team model – hybrid of drug court and mental health court operation

Provide and monitor treatment in lieu of jail/prisonDistinctive VTC features – Veteran Mentors & VA

careEarly returns – Buffalo zero recidivism after two

years

VTC BasicsCollaborative approach – 3-4 phased program with

therapeutic/legal/social focus toward independenceMost plea agreements include legal incentives upon

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

Department of Veterans Affairs, Veterans Health Administration (2006). “Guidelines and Recommendations for Services Provided by VHA Facilities to Incarcerated Veterans Re-Entering Community Living.” Undersecretary for Health’s Information Letter, Washington, D.C. http://www1.va.gov/homeless/docs/IV_IL_10200607.pdf

Veterans Combat Experience36.7% Received small arms fire56.9% Received incoming artillery, rocket or

mortar fire18.1% Handled or uncovered human remains34.1% Saw dead or seriously injured Americans57.1% Knew someone seriously injured or killed47.4% Saw dead bodies or human remains45.4% Had a member of their unit become a

casualty

Source: Office of the Surgeon Multi-National Corps-Iraq, Office of the Surgeon General U.S. Army Medical Command. Mental Health Advisory Team (MHAT) VI OIF 07-09. May 8, 2009.

Vietnam Theater

Veterans

Current

PTSD (1986-88)

Incarcerated

3,140,000 479,000 (15.2%) 223,000 (45%)

34.2% Misd.

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)

OEF/OIF Theater

Veterans

Current

PTSD

Incarcerated

2,200,000

CA 198.000

770,000 (35%)

CA 69,300

346,500 (45%)

CA 31,185

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 OEF/OIF Veterans

U.S. and California

THIRTY YEARS OF LOBBYINGIncreased Criminality and Consequences

Vietnam Era OEF/OIF EraDUI limits were 1.0 % BAC

or higher in most statesDUI was traffic ticket that

only effected driver’s license if repeated

No interstate compact – could move to start fresh

Domestic Violence was family matter

No data mining/criminal records private

DUI limits are .08% or less BAC in most states

DUI is misd/felony crime with severe driver’s license and employment impact

Interstate compact 48 states and federal jurisdictions

Domestic Violence misd/felony with major life consequences

Data mining/public records

Clinical Implications of PTS Traumatic event is re-experienced (triggers)Persistent Avoidance of Stimuli associated

with the event and Numbing of responseHyper-Arousal Symptomology of Interest - Sleep interference - Outbursts of anger - Concentration/focus problems - Unreasonable Fear and Hypervigilence - Exaggerated Startle Response

Practice Tip: TREATABLE Conditions!

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

Traumatic Brain Injury (TBI)Military Sexual Trauma (MST)DepressionSubstance Abuse/Addiction

These become worse with incarceration, treatment resistant with age and chronicity. Early identification and timely treatment yields best results.

Typical OffensesANYTHING High Risk - Driving

offenses/robberiesDUI (multiple offenses in short time period)Substance abuse (85% self treat with alcohol)Bar fights/Assaults Domestic Violence (atypical) Possession/Brandishing firearmsLook for “weird facts” related to triggers

Penal Code 1170.9CA Legislative History

Formerly PC 1170.8 enacted in 1982 in recognition of Vietnam Combat Veterans involved in felony crimes related to their psychological war wounds

Revised in 1984, 2006, 2010 and 2012

What PC §1170.9 Does California Penal Code § 1170.9 allows the court

to provide treatment in lieu of incarceration for veterans who suffer from PTSD, TBI, sexual trauma, substance abuse, or mental health problems as a result of having served in the United States military.

Encourages treatment as early as possible to make communities safe and restore veterans to health.

Prerequisites for PC 1170.9(a) . . . If the veteran alleges the offense was committed as a result of military sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems stemming from service in the United States military,

Before being sentenced to county jail or state prison the court shall, make a determination as to whether the defendant served in the military and whether the defendant may be suffering from [the above].

PC§1170.9 after 1/1/11Defendant served/serves in the militaryDefendant pleads guilty or is found guiltyProbation eligible/assigned and appropriate

treatment is availableTreatment can be VA, Vet Center, or other local

mental health resources if available and preference given to programs which have a history of treating veteran’s particular assessed condition(s).

Custody credits day for day for residential treatment.

AB2371 Changes Effective 1/1/13Judge monitoring probation/treatment may reduce

felony “wobblers” to misdemeanorsMisdemeanors, including those reduced, may be

dismissed by the judge without prosecutor agreementUnless applying for position in law enforcement,

veteran may answer “NO” to questions re: arrest and conviction as related to the dismissed case

Can be considered a prior if any new criminal conduct happens after dismissal by monitoring judge

VTCs Save Local and State $$$Feb 2011-Feb 2012 San Diego VTRC dataTwo year average is 100 veterans per week

booked into county jails (answered yes to “have you ever served in the military?)

Diverting 21 veterans in VTRC program saved $530,000 in jail costs (based on $109.30 p/day)

VA paid for treatment for the 21 participants, saving the county equivalent of $409,000 for 3500 residential days ($39 p/day) and 1100 hours of therapy ($61.50 p/hr LCSW rate)

One new case – 4.7% recidivism (cf 48 cases prior 2 yrs)

California Veterans Legal Task Force (CVLTF)

CVLTF AssistanceRecognized non-profit organization under Internal

Revenue Code 501(c )3 (funding/grant partnership)Offers free assistance to counties throughout

California to help start and expand Veterans Treatment Courts and affordable legal assistance to veterans and their families (website, evaluation)

We do not advocate any particular model of VTC, but can educate the local community organizers on models they can look at to decide one for their community

Conducting survey on all CA VTCs/Collaborationwww.cvltf .org for more information or to donate

Big Thanks to Our Sponsors

County of San Diego HHSA, Mental Health Systems, Inc. Courage to Call Program grant

Raymond James Charitable TrustCriminal Defense Lawyers’ Club of San DiegoConsumer Attorneys of San DiegoCalifornia Veterans Benefit FundCalifornia Department of Veterans Affairs

Panel PresentationHon. John Lonergan, Los Angeles Superior CourtPaul Freese, Director of Litigation and Advocacy,

Public Counsel Law Center, Los AngelesJude Litzenberger, Coordinator, Veterans

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

Moderator: Miguel Pares, San Bernardino County Probation Department

Thank you for helping build stronger communities and restoring those veterans who serve our nation!