By Public Counsel Federal Veterans Treatment Court
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
Invisible Wounds of War: OEF/OIF Combat Experience
36.7% Received Small Arms Fire
48% Killed an Enemy Combatant
Invisible Wounds of War: OEF/OIF Combat Experience
51% Handled Human Remains
Invisible Wounds of War: OEF/OIF Combat Experience
28% Responsible for Death of a Noncombatant
Invisible Wounds of War: OEF/OIF Combat Experience
86% Knew Someone Seriously Injured or Killed
Invisible Wounds of War: OEF/OIF Combat Experience
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
The Impact of Extended Multiple Tours
Some OIF/OEF troops have served 4, 5, 6, 7, or even 8 combat tours.
The Impact of Extended Multiple 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)
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)
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
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
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
Veterans Treatment Courts
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
Veterans Treatment Courts
Save Money
LA Veterans Court
Keys to Establishing Federal
Veterans Treatment Courts
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
Veterans Treatment Courts
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
Veterans Treatment Courts
• 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
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
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
Veterans Treatment Courts
If you would like help or assistance establishing a Federal VTC, please contact:
• Paul Freese
Email: [email protected]
• Paul Warner
Email: [email protected]
Tel: 801-524-6624
• Matt Stiner
Email: [email protected]
Tel: 571-384-1858