VETERANS TREATMENT COURTS IN KENTUCKY: PURPOSE AND PROCEDURES

VETERANS TREATMENT COURTS IN KENTUCKY:

PURPOSE AND PROCEDURES

Sponsor: Military Law Committee CLE Credit: 1.0

Friday, May 13, 2016 11:20 a.m. - 12:20 p.m.

Rooms 207-211 Kentucky International Convention Center

Louisville, Kentucky

A NOTE CONCERNING THE PROGRAM MATERIALS

The materials included in this Kentucky Bar Association Continuing Legal Education handbook are intended to provide current and accurate information about the subject matter covered. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of this Kentucky Bar Association CLE program disclaim liability therefore. Attorneys using these materials, or information otherwise conveyed during the program, in dealing with a specific legal matter have a duty to research original and current sources of authority.

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TABLE OF CONTENTS The Presenter .................................................................................................................. i An Introduction to Veterans Treatment Court .................................................................. 1 Veterans Treatment Court Flow Chart ........................................................................... 15 Order Appropriate for Veterans Treatment Court ........................................................... 19 Order Transferring to Veterans Treatment Court ........................................................... 21 Hardin County Veterans Treatment Court ..................................................................... 23 Mentor Manual .............................................................................................................. 27 Veterans Treatment Court Staffing ................................................................................ 37 Hardin County Sheriff's Office Treatment Court Liaison Job Description ....................... 39

THE PRESENTER

Judge Kimberly W. Shumate Hardin District Court

Hardin County Justice Center 120 District Avenue

Elizabethtown, Kentucky 42107-1469 (270) 766-5004

[email protected] JUDGE KIMBERLY W. SHUMATE is a District Court Judge in Hardin County, Kentucky, 9th Judicial District. She received her B.A. from Western Kentucky University and her J.D. from Vanderbilt University School of Law, where she graduated as the Cheatham Scholar for the Class of 1987. In 1997, Judge Shumate was appointed to be one of Hardin County’s two district judges. As District Judge, Judge Shumate handles juvenile court, probate matters and all traffic and misdemeanor citations. She is a regular presenter at judicial education colleges, serving on the Judicial Education Committee, and on law-related topics in the community. Judge Shumate has been instrumental in establishing Teen Court and Drug Court in Hardin County. She works with the state-wide high school mock trial tournaments each spring and traveled with the Kentucky team to the National Competition in 2000. She coaches a middle school mock trial team at NHCS. Judge Shumate has been a member of the Governor's Judicial Advisory Council on Domestic Violence. She is the Co-Chair of Bridges - the Hardin County Juvenile Delinquency Prevention Council and has received honors as being one of two judges in the state commended by the Department of Juvenile Justice for her work in juvenile delinquency prevention and the 2002 recipient of the State Foster Care Review Board Outstanding Judge Award. Judge Shumate was honored as the 2005 Youth Leader by the Knight’s Templar of Kentucky and was awarded a 2006 Destiny Award from the Kentucky Child NOW Project for her work with youth in Kentucky. She was presented the NAACP Humanitarian Award in 2008. In 2011, the Work Restitution Initiative was instituted by the BRIDGES Council and Judge Shumate’s leadership. A grant to make a comprehensive review of Disproportionate Minority Contact for juveniles is spearheaded by BRIDGES and Judge Shumate for Hardin County at this time.

Judge Shumate currently serves by appointment of the Chief Justice on the Kentucky Compensation Commission, the Kentucky Access to Justice Commission, the State Guardianship Review Task Force, and the Juvenile Justice Advisory Board. She is piloting a Rural Veterans Court and Veterans Docket Project for the state of Kentucky. Judge Shumate is active in the community having served on such boards as the Kentucky Food Bank, Hardin County Literacy Council and the Radcliff Chamber of Commerce. Judge Shumate received the 2006 Community Volunteer of the Year Award from the Radcliff Chamber of Commerce.

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KENTUCKY ACCESS TO JUSTICE UPDATE AN INTRODUCTION TO VETERANS TREATMENT COURT

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• Jefferson County Urban Pilot

• Hardin County Rural Pilot

• Three year grant from Veterans Justice Administration for $350,000

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As of 9/30/2011 the Nationwide Projected Veteran Population is 22,234,000

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Kentucky Jefferson County 342,370 56,047

Source: Veterans.ky.gov

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Since September 11, 2001 troops deployed 3.3 million times.

As of October 2009, 2 million men and women shouldered those deployments, with 793,000 deployed more than once.

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The U.S. Bureau of Labor Statistics lists 693,000 unemployed Veterans as of April

2013

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As of February 2012- 67,495

57% sheltered

43% unsheltered

Source: Veterans Homeless Assessment Report

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Source: The Military Suicide Report & U.S. Department of

Defense

• 2012 – 6,066• 2011 – 7,381• 2010 – 7,672

•The United States Department of Defense reveals 177 active-duty suicides and 126 non-active duty suicides in 2012.

•The average suicide rate in the U.S. Military is at 24 suicides per 100,000 soldiers.

• Of these suicides, 17% had previously been diagnosed with a Mental Health problem. 50% had visited a Health Professional for Mental Issues.

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Survival rate is 87%, thus more service members are returning home than any other U.S. conflict

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Post Traumatic Stress Disorder

Traumatic Brain Injury

18.5% suffer from PTSD 38% of Soldiers and

31% of Marines report Psychological Symptoms

19.5 % suffer probable TBI

Approximately 64% of Soldiers wounded in action sustained blast injuries

Source: Defense and Veterans Brain Injury

Center & Rand Survey 2008

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Age 21-25: 12.1% Age 26-29: 13.4% Age 30-34: 7.5% Age 35-39: 8.3 %

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• 81% had substance abuse problems prior to incarceration.

• 35% alcohol dependent.• 23% homeless at some point in prior year.• 25% mentally ill.

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Affects 500,000

Veterans who access VA Healthcare Systems annually

Source: Veterans Advisory Council

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Court intervention either pre-sentence or post-plea

Mandating drug/alcohol or mental health treatment

Intensive/Intrusive Strict Court monitoring and Case Management Ensuring compliance with Court Orders for better

long range expectations of successful citizens Failures result in sanctions or terminations

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Revolving Door of criminal activityMandated treatment with strict compliance

and expectations Treatment and Justice hand-in-hand “Motivated” Court Defendant =

“Thirsty” treatment client

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Court Defendants whose underlying issue is drugs and/or alcohol abuse Alcohol Illegal Drugs: marijuana, cocaine, heroin… Legal Rx Abuse: pain pills, own or others

GOAL: Clean, sober, honest, stable lifestyle through intensive Court intervention

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Court Defendants whose underlying issue is a Mental health diagnosis Bipolar Schizophrenia

GOAL: Clean, honest stable lifestylethrough intensive Court intervention and monitoring of required Rx

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Court defendants whose underlying issue may be Either: Drug/alcohol abuse AND/OR Mental Health diagnosis

Including PTSD and TBI

GOAL: Clean, sober, honest, stable lifestylethrough intensive Court interventionand monitoring of required RxAND peer veteran mentoring.

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A specialized Court that closely monitors Veterans in the court system who want treatment for alcohol or substance addiction or serious mental health disease.

A partnership with the local Judiciary, the Administrative Office of the Courts, the VA Medical Center and local CBOC, the Office of the County Attorney, the Commonwealth Attorney, Public Advocacy (PDs), Community Corrections and Law Enforcement.

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Veterans Treatment Courts - $$$$$$$ Full Treatment Court expectations Case Managers and mentors , VJO and VA treatment

plan 2-3 year program

Veterans Resource Docket – no $ VJO @ specific court sessions or remotely available Prosecutor and Defense access VA resources for

Defendant’s benefit in case assessment VA as treatment provider monitored through probation

Veterans Resource Knowledge – no $ Judicial knowledge and referral of local /regional

resources

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Veterans Affairs employees Working in Jails and Courts to connect

defendants= “justice involved veterans” with treatment and other resources

Began with 4, now 9 for state Exist as a resource in your community,

regardless of whether you have VTC or not

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Mason

FlemingHarrison

ScottBourbon

FayetteAnderson

Rowan

Bath

MorganMenifeeClark

Mercer

Madison

Powell

Wolfe

Breathitt

Estill

Boyle Lee

Owsley

Lewis Greenup

Carter

Elliott Lawrence

JohnsonMartin

Pike

Floyd

Knox

Bell

Leslie

Harlan

Perry

Letcher

Knott

Henry

Jefferson

Oldham

Shelby

Marion

Spencer

Nelson

Bullitt

Larue

Hardin

CaseyTaylor

Green

Meade

Hart

Breckinridge

Grayson

Russell

Adair

Clinton

Metcalfe

Monroe

BarrenWarren

AllenSimpson

Ohio

Butler

Hopkins

Logan

Todd

Christian

Fulton

Hickman GravesCalloway

TriggMarshall

Lyon

Caldwell

Carlisle

Ballard

Crittenden

Webster

Union

HendersonDaviess

VA Medical Centers Serving Kentucky

VAMC, Mt. Home, TN – Brenda Hawthorne (423)979-2871979-28423-979-287171

VAMC, Nashville, TN – Glen Wilbur (615) 873-7458

VAMC, Marion, IL – Richard Kulich (618)997-5311, ext. 72360

VAMC, Louisville, KY – Sonny Hatfield or Tony Mathis (502) 287-4000

VAMC, Lexington, KY – Kathy Vasquez (859) 233-4511, Cell (859) 619-0287

VAMC, Mt. Home, TN – Brenda Hawthorne (423) 979-2871

VAMC, Huntington, WV – Tamatha Miller (304) 429-6755, ext. 4605

VAMC, Cincinnati, OH – Sally Hammitt (513)233-5122 or Ronald Michaelson (513) 266-1733

Lincoln

Rockcastle

Jackson

Clay

PulaskiLaurel

Wayne

McCreary

Whitley

Bracken

Grant

Owen

Mason

VAMC, Lexington, KY – Janis Durham (859) 233-4511, Cell (859) 230-8241

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Jefferson County Urban Pilot: Judge David Holton

Hardin County Rural Pilot: Judge Kim Shumate

Other Jurisdictions Planning: Northern Ky. Pilot: Judge Karen Thomas Fayette Circuit Pilot: Family Judge Schrader Madison Circuit Pilot: Judge Jean Logue Christian Circuit Pilot: Judge Self

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Veterans Pilot Treatment Court will accept “qualified” Veterans from District or Circuit Courts.

Offenders from other Kentucky jurisdictions will be considered on a case-by-case basis from those jurisdictions without a Veterans Treatment Court through agreement between the prosecutor and Judge.

Veterans Pilot Treatment Court will accept male and female veterans that have been charged with misdemeanor or felony offenses as agreed locally.

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Participation in Veterans Court is VOLUNTARYTypical Local Criteria include:

• Current or prior service in the armed forces with no criminal history of similar offenses prior to enlistment, and whose criminal activity can be linked to service in the armed forces, most often combat situations;

• Veteran does not have any open warrants;

• Veteran does not have charges or prior convictions for rape, child molestation, or murder; and

• Veteran does not have pending charges excluded by the eligibility guidelines nor has any violent felony convictions as defined by federal violent offender statutes.

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Willingness to comply with court-ordered treatment and other required program services;

Physically able to participate in treatment activities (w/in the guidelines of the American Disabilities Act).

Preference towards combat veterans; Currently involved with the VA and have an honorable

discharge.

Eligible Veterans are identified through legal screeningsand evidence-based screening and assessments,including a bio-psychosocial assessment and the VAHOMES assessment, to determine the level of risk andneed of the Veteran.

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Chance to address the underlying issues and make changes in his/her life

Opportunity to connect with services/resources in a structured environment

Favorable review of criminal case when successful in Veterans Pilot Treatment Court

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To ensure that every participating Veteran receives the services they require by helping them navigate the system and to act as a mentor, advocate, and ally.

Program Goals

Help our fellow Veterans receive the services they need to reach their full potential as productive members of society.

Help them navigate the court system, treatment system, and the VA system.

Assess their needs and help them adjust back to civilian life.

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Veteran who served our country honorably and has an attitude of “Never Give In.”

Resource for other VeteransHelper to other Veterans and their families

experiencing difficulty in transportation and with financial issues

Friend, not a counselor or AA/NA sponsor

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To act as a coach, a guide, a role model, an advocate, and a support system.

To encourage, guide, and support the Veteran as he or she progresses through the court process.

To listen to the concerns of the Veteran and make general suggestions, to assist the Veteran in determining what his/her needs are, and to act as support for the Veteran at a time when he/she may feel alone in a way that only another Veteran can understand.

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Robley Rex /Lexington VA Medical Centers and CBOCs

U.S. Department of Veteran Affairs and VJO Kentucky Dept. of Veterans Affairs Veteran Health Care Network Iraq and Afghanistan Veterans of America Vietnam Veterans of America Veterans of Foreign Wars Local Vet Centers DAV American Legion

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Next?No draft.

It’s an all-volunteer court opportunity.

It’s

up

to

you.

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VETERANS TREATMENT COURT FLOW CHART

(PTSD/TBI) VA Eligible

(PTSD/TBI) VA Ineligible

PHASE I - Treatment services provided mainly through

Veterans Administration

PHASE II - Treatment services provided mainly through

Veterans Administration

PHASE III - Treatment services provided mainly through

Veterans Administration

AFTERCARE - Once a month with VTC Case Manager /

Treatment services provided mainly through Veterans

Administration

EXIT INTERVIEWS - Graduation

PHASE I - IOP twice a week with TC Recovery

Coordinator / Community Psychiatrist

visit

Phase II - Once a week with TC Recovery

Coordinator/ Community Psychiatrist

visit

12 Step - Once a week TC Staff / Community

Psychiatrist visit

Phase III - Once a week TC Staff / Community

Psychiatrist visit

Aftercare - Once a month with VTC Case

Manager / Community Psychiatrist visit

EXIT INTERVIEW - Graduation

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Substance Abuse – VA Eligible

Substance Abuse – VA Ineligible

PHASE I - Treatment services provided mainly through Veterans Administration

PHASE II - Treatment services provided mainly through Veterans Administration

PHASE III - Treatment services provided mainly

through Veterans Administration

AFTERCARE - Once a month with VTC Case Manager /

Treatment services provided mainly through Veterans

Administration

EXIT INTERVIEWS - Graduation

PHASE I - IOP twice a week with TC

Recovery Coordinator

Phase II - Once a week with TC

Recovery Coordinator

12 Step - Once a week TC Staff

Phase III - Once a week TC Staff

Aftercare - Once a month with VTC Case Manager

EXIT INTERVIEW - Graduation

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Dual Diagnosis – VA Eligible

Dual Diagnosis – VA Ineligible

PHASE I - Treatment services provided mainly through Veterans Administration

PHASE II - Treatment services provided mainly through Veterans Administration

PHASE III - Treatment services provided mainly

through Veterans Administration

AFTERCARE - Once a month with VTC Case Manager /

Treatment services provided mainly through Veterans

Administration

EXIT INTERVIEWS - Graduation

PHASE I - IOP twice a week with TC Recovery

Coordinator / Community Psychiatrist

visit

Phase II - Once a week with TC Recovery

Coordinator / Community Psychiatrist

visit

12 Step - Once a week TC Staff / Community

Psychiatrist visit

Phase III - Once a week TC Staff / Community

Psychiatrist visit

Aftercare - Once a month with VTC Case

Manager / Community Psychiatrist visit

EXIT INTERVIEWS - Graduation

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HARDIN DISTRICT COURT CRIMINAL BRANCH

DIVISION _____ CASE NO. ________________

COMMONWEALTH OF KENTUCKY PLAINTIFF VS. ________________________________ DEFENDANT DOB: ___________________________

ORDER APPROPRIATE FOR VETERANS TREATMENT COURT

******************** The Court being advised that the defendant has been referred to Veterans

Treatment Court, therefore,

IT IS HEREBY ORDERED that the defendant is appropriate for Veterans

Treatment Court. The defendant shall appear in Hardin District/Circuit Court,

Elizabethtown, on _______________________ at ____:____ a.m. and if desiring to

enter into Veterans Treatment Court shall sign Terms and Conditions of

Probation/conditional discharge.

Dated this _______day of ________________________, 2016.

____________________________________ JUDGE HARDIN DISTRICT COURT Attested copies mailed this ________ day of _____________________ 2016. Veterans Treatment Court VJO-Tony Mathis HCAO Defendant Defense Attorney:___________________ District Judge’s Office Circuit Judge (if CR case)

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HARDIN DISTRICT/CIRCUIT COURT DIVISION _____

CASE NO. _______________ VETERANS TREATMENT COURT

COMMONWEALTH OF KENTUCKY PLAINTIFF VS. ORDER TRANSFERRING TO VETERANS TREATMENT COURT __________________________ DEFENDANT

************** The Court being advised that the Defendant has been accepted into the Veterans

Treatment Court Program, therefore,

IT IS HEREBY ORDERED that the above named Defendant’s probation is

transferred into the Veterans Treatment Court Program for the duration of his/her

probation, which requires successful completion of a treatment court program; and,

IT IS HEREBY FURTHER ORDERED that the Defendant shall report to the

Veterans Treatment Court as directed by the presiding judge of that court. The

Defendant is to appear on ___________________, 2016 at ____:_____ ___.m.

So Ordered this _____ day of _________________, 2016.

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JUDGE HARDIN DISTRICT/CIRCUIT COURT Attested copies mailed this ________ day of _____________________ 2016. Veterans Treatment Court VJO-Tony Mathis HCAO Commonwealth Atty. Defendant Defense Attorney:____________________ District Judge’s Office Circuit Judge (if CR case)

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Hardin County Veterans

Treatment Court

Judge Kimberly Winkenhofer Shumate Hardin County Justice Center

120 E. Dixie Elizabethtown, KY 42701

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Hardin County Veterans Treatment Court Veterans Treatment Court is a branch of the Treatment Court that serves Hardin County District and Circuit criminal cases. Veterans who find themselves involved in the justice system as defendants in a criminal case (felony or misdemeanor) may be eligible to participate in the treatment court as a part of their case in diversion, probation, or in lieu of probation revocation. It is an intensive and intrusive program that aims to address the underlying issues in the veteran's life that led him/her to the courthouse. The Veterans Treatment Court is a voluntary program that includes regular court appearances before the Judge. Treatment includes weekly individual and group counseling, drug and alcohol testing, mental health treatment, and regular attendance at recovery/self-help meetings. Referrals for vocational training, education and/or job placement services may be available. The program's length will be a minimum of eighteen (18) months for misdemeanor cases and twenty-four (24) months for felony cases. Community Mentors An integral component of Veterans Treatment Court is the mentorship of the participants by veterans from the local community. Veterans from Hardin County may apply to the program to be considered for selection as a mentor. Mentorship is a special relationship with a balance of encouragement and accountability. The mentor is expected to attend the weekly court sessions on Thursday and have contact with their mentee/participant through the week (by telephone, text, email, or in person) to keep connected with the program. A mentor is not a counselor or a case worker, but an encourager and a resource. Mentors are veterans who have served their country and been honorably discharged from service. They may be retired or only have served a specific enlistment. Active duty personnel are not excluded from mentorship by the program, but the Thursday court session expectation may make it difficult for participation. Mentor Application If you are interested in becoming a community mentor, call or email Judge Shumate and we will begin the process of application. There is a form to review and you will be required to allow a criminal background check to be made as part of the consideration. The current mentor board will review the application. Only the judge will review the criminal background check. There is no cost associated with being a mentor. You will have to attend training that has been approved by the state and observe court sessions before being assigned a mentee. If there is no current need for additional mentors, your application may be placed on hold before acceptance or training. Mentors from all branches of service and both genders are encouraged to apply so that our participants may have a good match in mentorship.

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For a mentor application, contact: Archie Mack [email protected] [email protected] 270.766.5004 Court Sessions Veterans Treatment Court sessions are held on Thursdays from 12:30-1:30 p.m. at the Justice Center at 120 E. Dixie Ave, Elizabethtown, KY. These sessions are confidential and only the participants, court personnel, team members, and trained mentors are able to attend. A family member may step in to be a part of an individual veteran's case work. Court sessions are designed to allow the judge to have interaction with the participants and to keep up with their case processing and progress. Sanctions for inappropriate actions or lack of action will be meted out during court sessions. Acknowledgement of accomplishments is also recognized. Participants proceed through the program in a series of phase progressions. As they gain stability and time in the program, they will receive a "phase up" during a court session. The program is designed for three (3) phases and After Care to occur before graduation.

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MENTOR MANUAL "LEAVE NO VETERAN BEHIND"

Honorable Kimberly Winkenhofer Shumate

Presiding Judge, Hardin County Veterans Court

___________________, Veteran Mentor Coordinator

Hardin District Court 120 E. Dixie Ave.

Elizabethtown, Kentucky 42701

Hardin Co. Veterans Treatment Court

Mentor Program

“In war, there are no unwounded soldiers.” ~ José Narosky

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Mission Statement The mission of the Hardin County Veterans Court mentor program is to make certain to the best of our ability that no one is left behind. We will find veterans, assess their needs and offer them treatment for any mental health or substance abuse issues. We will support the veteran through their readjustment to a more healthy life by assisting the veteran with navigating through the court system, treatment, and VA system. Lastly, we will provide a mentor that will act as an advocate and ally for the veteran. Veterans are often more comfortable interacting with other veterans with similar military experiences. Operating under the slogan, “Leave No Veteran Behind,” Hardin County volunteer mentors maintain a very unique role in the courtroom. Mentors work directly with Veterans Treatment Court (VTC) participants in a facilitator, advisor and supporter role. Mentors meet with their mentees at every court session and are often in contact between sessions. The mentor program is run by the mentor coordinator, and the VTC participants come from all branches of the military. Many mentors have been drawn from a number of veterans’ service organizations and government agencies. The role of the veteran mentor is to act as a coach, guide, role model, advocate and support person for the individual veteran participants with whom he/she is mentoring. Mentors understand the roles of other support team members and “fill the gap” to help keep veteran participants moving successfully towards completing the VTC program. The mentor is NOT a counselor and this is strictly enforced because we leave the counseling to professionals. Additionally, the mentor will be a “resource” to the veteran. Access to support services will help reduce the participant’s stress that can be caused by distractions like housing or family needs, VA benefits, educational assistance, and civil court issues. Why a Veterans Court? Some may ask, why create a treatment court specific to veterans, and why not work with veterans within the established drug treatment courts? There are many answers to this question, but the most significant response would be that veterans are a niche population with unique needs. Members of the military and veterans are an exceptional population, which calls for a tailored treatment program. Traditional community services may not be adequately suited to meet their needs, e.g., Post Traumatic Stress Disorder or Traumatic Brain Injury. Service members and their families experience distinct stressors as part of their military experiences. Thus, the delivery of high quality care for psychological health, including prevention, early intervention and treatment requires providers who are knowledgeable and able to empathize with their military background. Empirical and anecdotal data shows that veterans respond more favorably to other veterans. Veterans Court allows for its participants to go through the treatment court process with people who are similarly situated and have common pasts. This type of court links individuals with service providers who either share or understand the experience of military service. The First Veterans Treatment Court The Buffalo Veterans Treatment Court under the leadership of Judge Robert Russell held its first session in January of 2008. It was the first court that specialized and

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adapted to meet the specific needs of veterans. As of June 2013, it was just one of ninety-one treatment courts for veterans in twenty-eight states. The mission driving the Veterans Treatment Court is to successfully rehabilitate veterans by diverting them from the traditional criminal justice system and providing them with the tools they need in order to lead a productive and law-abiding way of life. In hopes of achieving this goal, the program provides veterans suffering from substance abuse issues, mental health issues, and emotional disabilities with treatment, academic and vocational training, job skills, and placement services. The program provides further ancillary services to meet the distinctive needs of each individual participant, such as housing, transportation, medical, dental, and other supportive services. Results of Buffalo Veterans Court to Date As of December 2012, the Buffalo Veterans Treatment Court has had 245 participants and eighty-five graduates. These men and women enter the Veterans Treatment Court with a variety of issues, ranging from substance abuse to mental health issues, homelessness, unemployment, and strained family relationships. At the time of graduation, these same individuals are substance free, and they are dealing with their mental health concerns. The graduates also have stable living situations and often times employment. Many have also managed to repair damaged relationships with family and friends. To date, the Buffalo Veterans Treatment Court has a zero percent recidivism rate for their graduates. Kentucky Veterans Treatment Courts Kentucky Veterans Treatment Courts began taking root in Jefferson County and are expanding across the state to meet the needs of the 380,000 veterans in our population. Hardin County is the state’s rural pilot site and was awarded a $350,000 three year grant to begin implementation of a court here. Our first Hardin County participants were brought to court in January 2014. Key Components of Veterans Treatment Court Veterans Treatment Court operates similarly to Drug and Mental Health Courts. The VTC is a hybrid court combining Drug and Mental Health Courts into one treatment court. The Hardin County VTC operates within the guidelines of the Ten Key Components of Drug/Mental Health Courts, developed by a commission of drug court practitioners in 1995. We believe that the core principles make our court consistent with scientific research and offer the best program for our participants to find stability in their futures. Veterans Treatment Court 1. Integrates alcohol, drug treatment and mental health services with justice system

case processing. 2. Uses a non-adversarial approach where prosecution and defense counsel

promote public safety while protecting veteran participants’ due process rights. 3. Identifies eligible participants early and promptly places them in the Veterans

Treatment Court Program.

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4. Provides access to a continuum of alcohol, drug, mental health and other related treatment and rehabilitation services.

5. Monitors sobriety through frequent alcohol and other drug testing. 6. Responds to veteran participants’ compliance through a coordinated strategy. 7. Maintains essential, ongoing judicial interaction with each veteran. 8. Measures achievement of program goals and gauges program effectiveness

through monitoring and ongoing evaluation. 9. Continues interdisciplinary education and promotes effective VTC planning,

implementation and operations. 10. Forges partnerships among VTC, Veterans Administration, public agencies and

community-based organizations, generates local support and enhances VTC effectiveness.

Mentor Component An essential component of the VTC is the mentor program, where veteran mentors act as peer support to veteran participants. Veterans are better served by having a support system that includes veterans who understand combat experience and the different aspects of military service. Mentors participate in a supportive relationship with participants to increase the likelihood that they will remain in treatment, attain and manage sobriety, and maintain law-abiding behavior. The mentor program consists of mentor coordinators and veteran mentors. Their roles, responsibilities, requirements and qualifications are discussed in the following sections. Hardin County Peer Mentor Program Background The Hardin County VTC relies on cooperation and collaboration between the criminal justice system, the VA, and community treatment agencies to provide comprehensive treatment for veterans. In addition to these entities, the Court also relies heavily on peer mentors. Peer mentors are veterans who volunteer their time to assist the Court. Peer mentors are part of the Court’s team and provide: advice, personal experiences, recommendations and guidance (NOT COUNSELING) to veterans involved with the legal system. A peer mentor can be anyone who has served any length of time honorably in the U.S. Armed Forces. The mentor program is constantly developing a resource list, which contains the names and phone numbers of professionals in the community where we can refer veterans for help. The mentor does not solve the following problems: housing, benefits, social services etc. Mentors simply refer to professionals who can help. The conversation and interactions between the peer mentor and the veteran participant is on a level of peers rather than from a position of authority. We anticipate the peer mentor’s active and supportive relationship, maintained throughout treatment, will increase the likelihood that a veteran participant will remain in treatment and improve their chances of sobriety.

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Peer Mentor Coordinator/s The mentor coordinator/s is essential in maintaining the success of the Peer Mentor Program. The role of the mentor coordinator/s is to recruit, train, supervise, and coordinate mentors. The mentor coordinator/s is responsible for recruiting prospective mentors, screening candidates, selecting peer mentors, training the selected candidates, and educating them about the Hardin County VTC. The mentor coordinator/s will also be responsible for individual and group supervision as well as scheduling mentors to be present during the Court’s proceedings. The mentor coordinator/s will also coordinate all activities with the Court team staff and Judge. Peer Mentor Coordinator Duties and Responsibilities 1. Recruit and train volunteer VTC mentors. 2. Assist in the retention of volunteer mentors. 3. Organize and conduct training for volunteer mentors. 4. Assist in supervision of mentors. 5. Assist in developing specialized training projects. 6. Perform duties as assigned by the Judge. 7. Sustain and evolve the Peer Mentor Program. 8. Maintain 501(c)(3), if adopted. 9. Maintain mentor logs, if implemented. The mentor group may become a “not for profit” 501(c)(3). IF so, and if funds are raised to support the VTC, the majority of the funds will go toward transportation, bus passes, rent, furniture and other needs of our veteran clients to maintain their stability. Peer Mentor Role Description The peer mentors act as a coach, a guide, a role model, an advocate, and friend for the veteran participants. The mentor encourages, guides, and supports the veteran participant as they progress through the court process. This includes listening to the concerns of the veteran and making general suggestions and assisting the veteran to determine their needs. The peer mentor’s guidance and support will demonstrate the special understanding that only another veteran can provide. Again the mentor NEVER takes on the role of a counselor. Peer Mentor Duties and Responsibilities • Attend court sessions when scheduled • Be supportive and understanding of the difficulties other veterans are facing • Assist the veterans as much as possible to resolve their concerns around the

court procedures • Be supportive and helpful to other peer mentors • Work respectfully and professionally with the veteran participants and other peer

mentors

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Peer Mentor Requirements • Be a United States military Veteran: Army, Marine Corp, Navy, Air Force, Coast

Guard, or their respective Reserve or National Guard branches • Be a good standing and law abiding citizen • Have a genuine concern for veterans in the legal system • Adhere to all Hardin County Veterans Treatment Court policies and procedures • Complete the screening process • Complete the required initial training • Be ready to respond when needed in court Peer Mentor Desirable Qualities • Active listener • Empathetic • Encouraging • Supportive • Tolerant and respectful of individual differences Peer Mentor Program Policies Recruitment Policy The mentor coordinator/s assumes the majority of the responsibility for recruiting new mentors. The Hardin County Veterans Court Team, its collaborative partners and current peer mentors are strongly encouraged to refer other highly reputable veterans to the Peer Mentor Program. Training Policy Training for prospective mentors is crucial and necessary. All prospective mentors must complete the required initial training or they will not be able to mentor during court proceedings. Training will include but not be limited to the following: • Observe several court sessions • Shadow three mentoring sessions with three different mentors (as available) • Lead three mentoring sessions while being observed • Complete individual supervision with the mentor coordinator It is the responsibility of the mentor coordinator/s to plan, develop, and deliver all training sessions with support from the Court team staff, current mentors, the court coordinator and the Judge. Screening Policy Each prospective peer mentor must complete a screening process. The mentor coordinator/s is responsible for conducting the screening process, and will ensure that each prospective mentor is properly screened. The decision to accept or deny an

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applicant will be made by the mentor coordinator/s, the court coordinator or the judge. The mentor screening procedure will include, but not be limited to: • Completing a written application form • Completing a personal interview • Agree to vetting process if required Assignment Policy The mentor coordinator/s will assign a mentor to a veteran participant. Mentors are not always present at each court session, so the mentor coordinator will assign any available mentor to a participating veteran whose primary mentor is not present. Whenever possible the mentor coordinator will assign mentors to a participating veteran based on but not limited to the following criteria: • Previous sessions where the mentor was assigned to a particular veteran • Same branch of service • Same war time era • Specific skill of a mentor needed by veteran participant In addition, the mentor coordinator/s will also take into consideration the request of the mentor or veteran participant. The mentor coordinator reserves the right to assign a mentor to a veteran participant as seen fit. Documentation and Record Keeping Policy During court proceedings, each contact between the mentor and the veteran is documented in the veteran mentor log. The veteran mentor log is kept in a binder and has the name of each veteran participant on each binder. When assigned to a particular veteran participant, the mentor will pick up the assigned veteran participant’s binder and take it with them during any interaction. Upon completion of their interaction, the mentor will document their interaction in the log. Documentation on each interaction is necessary and mandatory. In the event that a veteran participant discloses information that the mentor is uncomfortable with, for example; committing another crime, the mentor will strongly encourage the veteran to disclose the same information to the Judge. If the veteran does not disclose the information to the Judge, the mentor will document and disclose the information to the mentor coordinator. In instances where safety of the veteran or someone else is in question, for example; the veteran verbalized suicide or is planning to harm someone, the mentor is required to disclose the information to the mentor coordinator immediately. When the interaction has been properly documented, the mentor will hand the log back to the mentor coordinator/s. The mentor coordinator will lock the log in a safe and secure location. The log is not intended to be used in the treatment process, but to keep good records of the interactions for Peer Mentor oversight purposes.

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Unacceptable Behavior Policy It is the policy of the Hardin County Veterans Court that unacceptable behaviors will not be tolerated while a mentor is participating in the program. Because of the sensitivity and the direct impact a mentor has on a veteran participant, the zero tolerance rule is in effect at all times. Behaviors that are not aligned with the mission, vision, goals or values of the Hardin County VTC are unacceptable and prohibited during court proceedings and mentoring sessions. This policy also governs interactions a mentor and veteran may have outside the Court. Any unacceptable behavior by a mentor will result in termination from the Peer Mentor Program. Unacceptable behaviors include but are not limited to: • Arrests or convictions for misdemeanor or felony crimes. • Sexual relations between the mentor and any participant in VTC. • Use of illegal substances or misuse of prescribed drugs. • Enabling any participant to reoffend or relapse during recovery process. • Consuming alcohol with participants or while participants are present.

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VETERANS TREATMENT COURT STAFFING

DATE_________________ ACCEPTED Br Service/Combat PTSD/TBI/Drug 1ST VTC Refer Ct /Date ___________________ _____________ ___________ ______ _________ ___________________ _____________ ___________ ______ _________ ___________________ _____________ ___________ ______ _________ ___________________ _____________ ___________ ______ _________ ___________________ _____________ ___________ ______ _________ DENIED DECLINED ___________________________________ ______________________________ ___________________________________ ______________________________ HOLD UNTIL STAFFING ON REASON FOR HOLD ___________________________________ ______________________________ ___________________________________ ______________________________ TERMINATIONS BW CREDIT SENT. JUDGE ___________________________________ _____ Days _____________ ___________________________________ _____ _______ _____________ PHASE INCREASES DIV. PHASE INCREASES DIV. ___________________________________ ______________________________ ___________________________________ ______________________________ ___________________________________ ______________________________ DISCUSSION ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________ ___________________________________ JUDGE VETERANS TX COURT STAFF MEMBER

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HARDIN COUNTY SHERIFF’S OFFICE TREATMENT COURT LIAISON

I. PURPOSE

The purpose of this direction is to establish a standard operating procedure for the law enforcement liaison of the Hardin County Sheriff for Hardin County Treatment Court.

II. POLICY

The Sheriff will assign an officer to serve as a liaison between the Sheriff’s Office and the Hardin County Treatment Court. The Officer will maintain a physical office within the offices of Hardin County Treatment Court, but at all times is employed by the Hardin County Sheriff. The officer will work approximately ninety-two hours per month, but no more than ninety-nine hours per month.

III. PROCEDURES

A. Court Related Duties

1. Attend District, Circuit Treatment Court session (Drug, Mental Health and Veterans).

2. Attend staffing sessions for District and Circuit Treatment Court

(Drug, Mental Health and Veterans). 3. May assist, when needed, with security for Treatment Court

sessions, as directed by the Sheriff and the Court. 4. May assist when needed with prisoner transport of treatment court

participants to treatment centers located within the Commonwealth of Kentucky.

5. Attend Treatment Court graduations.

B. Participant Related Duties

1. Conduct home visits to the homes and workplaces of participants. It is recommended, but not necessary for the officer to allow the participant to open all cabinets, closet doors, and refrigerators at the officer’s directions. This can ease the apprehension of the participant while not inhibiting the search of the home.

2. Coordinate location and apprehension of absconders from the

program.

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3. Assist participants in obtaining an operator’s license or with other police-related matters. This can include assisting with transferring a vehicle’s title, registration.

4. Inspect participants’ motor vehicles, insuring they have a valid

operator’s license, insurance and registration with their vehicle. 5. Establish and maintain rapport with the participants in Hardin

County Treatment Court. It is important to remember for most of our participants this can be their first positive interaction with law enforcement.

C. Office Related Duties

1. Conduct NCIC (Criminal History) and Kentucky Court Net backgrounds on participants as needed.

2. Maintain consent to search forms on all participants. 3. Develop and maintain information links between law enforcement

officers and the Treatment Court liaison. 4. Obtain police reports pertaining to participants and their activities

and coordinate with law enforcement as appropriate. 5. Conduct Daily checks of the Hardin County Jail Log to ensure no

participants of Hardin County Treatment Court have been incarcerated. This should also be observed for any participants who have absconded and may now have been lodged.

6. Stay up to date on drug trends and any adulterants that may be

used to alter drug screens. 7. Assist Case Managers in conducting investigations into alleged

violations of Hardin County Treatment Court Policy, involving their participants under their supervision.

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