Proposed Veterans Court to Help Vets With Substance Abuse, Mental Illness

Jim Fausone
Veterans Disability Lawyer

Legislators in Missouri want a court created specifically for veterans.
 

Rep. Jay Barnes, R-Jefferson City, has drafted legislation requesting that Missouri circuit courts create a place specifically for current and former U.S. military who are struggling with substance abuse or mental illness issues. Barnes stated that the country owes it to the veterans to get them the treatment they need to get their lives back on track. The idea is supported by Rep. Charlie Davis, R-Webb City, who said the vet treatment court would run like a drug courts, where a judge would have the ability sentence a defendant to a rehabilitation facility or to perform some community service, without mandatory prison or jail time. Judges overseeing a veterans court can use the power of the court to force a vet to get treatment; proponents believe that recidivism rates for vets processed through a specialized vet court are lower than for those vets who do not go through a veterans court.

The court would be well-versed in Post-Traumatic Stress Disorder (PTSD) issues as well as Traumatic Brain Injury (TBI) issues, two conditions which can lead to law-breaking behaviors among military vets back in civilian life. According to a study in the Journal of Consulting and Clinical Psychology, vets with PTSD or TBI were far more likely than vets without either condition to be arrested. The bill currently proposed would not only help vets get treatment while taking into count their specific circumstances, the court would also be able to more efficiently deal with the backlog of veterans with court issues.

Objections that were previously raised in the Senate when discussing a veterans court included concerns from some that it would be used for veterans accused of committing violent crimes.

The veteran’s court model includes veteran mentors who assist with the program.  While some systems vary, generally, a collaborative team made up of the judge, probation officers, a public defender, and a Veterans Administration representative get together to review cases to decide which veterans will be admitted to veterans court for a multi-phase, long-term system.

The first veterans court of this type was put into place in Buffalo, New York, in 2008. As of 2011, there were no reports of recidivism among the vets who completed the Buffalo program. There are now more than 70 veterans courts in the U.S.

http://www.ncsc.org/Topics/Problem-Solving-Courts/Veterans-Court/Resource-Guide.aspx

http://ncsc.contentdm.oclc.org/cdm/ref/collection/spcts/id/233
http://www.economist.com/node/18775315

Wisconsin's Special Veteran Court

Jim Fausone

Veteran Disability Lawyer

Wisconsin has created a new court specifically for military veterans. Court officials are in place to launch a multistep process which will send referred veterans to Veterans Treatment Court, processing those accused of breaking the law in Wisconsin's Second Judicial District. The court combines substance abuse treatment and mental health support, funded by federal benefits and services in place for veterans. The court's goal is to treat the potential underlying issues contributing to unlawful choices, while also addressing the legal ramifications of those acts.

"Often, marginalized veterans are simply processed through an overburdened system without their underlying needs being addressed, much less met," says Veterans lawyer James Fausone. "It is heartening to see Wisconsin address the very real problem faced by veterans with mental health issues and alcohol or substance abuse issues."

The first steps toward Veterans Treatment Court include the screening and assessment of potential participants to see if they are a good fit for the program. If accepted, legal teams and the prosecutor in place will negotiate a plea agreement and draft out terms of the proposed sentence, including Treatment court. If all goes according to plan, the defendant would then go to the plea and sentencing hearing, with potential for probation. If the defendant is ordered to treatment court, he or she would appear there. Part of the veteran defendant's sentence would include successful completion of Veterans Treatment Court; failing to complete the plan or adhere to all steps would potentially trigger jail or prison time, similar to other, more traditional probationary plans. In addition to treatment, the program may introduce veterans to untapped federal benefits and services available to them.

Initial emails to the district attorneys’ offices in Racine, Kenosha and Walworth counties, requesting recommendations for a first wave of potential defendants who would benefit from the program, were sent in August, with the goal of psychological evaluations to be completed before mid-November. Eligible veterans must have diagnosed mental health issues, an alcohol or substance abuse issue, or a combination of the two. The number of potential cases is not known at this time, as referrals are just starting to trickle in. The first vet defendants are set to meet in session on November.

Source:

http://www.journaltimes.com/news/local/first-veterans-court-date-set----cases-still/article_4854479a-f580-11e1-b282-0019bb2963f4.html