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