Transcript No Slide Title

Veterans Treatment Courts
American Judges Association
2012 Educational Conference-New Orleans
Presented by Judge Robert Russell
Outline
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Who is a Veteran?
Who are they?
Justice-involved Veterans
What is a Drug Court?
How is a Veterans Treatment Court
different?
Why have a Veterans Treatment Court?
Veterans: Who are they?
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23.2 million Veterans in the
United States
5.2 million have served from
the Gulf War to present
2 Million members of the
armed forces have served in
Iraq and Afghanistan since
October 2001
As of December 31, 2007,
more than 800,000 veterans
of these conflicts were
eligible for VA healthcare
Reserve and National Guard
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254,000 Reservists
and 332,000 National
Guard members have
deployed to OEF/OIF
Increased stress on
families, employment,
and housing
Women Veterans
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1.8 million of today's Veterans
are women (7.5%)
20% of all military personnel
are represented by women
182,000 served in OEF/OIF
5% of the Veteran homeless
population are women
4 times more likely to become
homeless than male veterans
Homelessness
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Over 67,000 Veterans
will be homeless tonight
Veterans 50% more
likely to become
homeless than nonVeterans
76% suffer from a
substance abuse and/or
mental health condition
Criminal involvement is
single best predicator of
future homelessness
Unemployment
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As of Oct 2011,
unemployment rate
for Veterans was
11.5% who served
since September 2001
Rate for 18-24 yr old
Veterans was 21.9%
Bureau of Labor Statistics
Suicide
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Veterans make-up 1% of the
population, but 20% of
suicides
Women Veterans are 2-3 times
more likely to commit suicide
than non-Veteran women
Suicides among active duty
Army and Marines have
increased following OEF/OIF
VA indicates 4 or 5 Veterans
commit suicide each day
Traumatic Brain Injury (TBI)
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Primary: Resulting from initial trauma
Secondary: Resulting from Intracranial
Pressure (ICP), hypoxia, hypotension.
In 2010: 31,407 cases of TBI
11,800 troops injured in IED attack
28% of all military evacuated to Walter Reed
AMC = TBI
Rapid evac + treatment = 96% survival rate
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TBI is not only the result of combat
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Post Traumatic Stress Disorder (PTSD)
Exposure to traumatic event in which both of
following present:
(1) Person experienced, witnessed, or was
confronted with an event or events that involved
actual or threatened death or serious injury, or a
threat to the physical integrity of self or others.
(2) Person’s response involved intense fear,
helplessness, or horror.
How common is PTSD among
Veterans?
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Vietnam – 15% men/8% women (31%/27%
est. lifetime prevalence)
Desert Storm – 10%
Operations Enduring Freedom & Iraqi
Freedom (OEF/OIF) – 14%
– Est. 300,000 suffering from PTSD or major
depression (2010)
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Repeated deployments increase the
likelihood of PTSD
Combat Experience (OEF/OIF)
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78%
72%
60%
58%
56%
49%
33%
Received incoming artillery, rocket or
mortar fire
Knew someone seriously injured or killed
Saw dead bodies or human remains
Received small arms fire
Had a member of their unit become a
casualty
Saw dead or seriously injured Americans
Handled or uncovered human remains
Military Sexual Trauma
(MST)
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Both sexual
harassment and
sexual assault that
occurs in military
settings
60% of women with
Military Sexual
Trauma also suffered
from PTSD
VA Screening, 2002-2008
Substance Abuse
Among active duty service members:
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Heavy drinking (five or more drinks per
occasion at least once a week) self-reported
at 20%.
– Heavy drinking is higher among 18 to 34 age
group than civilians.
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Prescription drug misuse doubled from 2005
to 2008 ( 5% in 2005 to 12% in 2008)
Dept of Defense Behavioral Health Survey - 2008
Justice-involved Veterans
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Less likely to be arrested or incarcerated
Average 10% of criminal justice population
Approx 80% with Honorable/General discharge
57% violent offenders compared to 47% of
non-Veterans
Reported longer sentences for all crime types.
-On average, Veterans are expected to serve 22 months longer
than non-veterans
Bureau of Justice Statistics - 2004
Justice-involved Veterans
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61% of Veterans in State prison meet the criteria for
substance dependence or abuse (57% of Federal
prison veterans)
54% of Veterans in State prison met one of two criteria
for a recent mental health problem
Veterans in State prison (45%) and Federal prison
(35%) reported symptoms of mental health disorders
in the past 12 months
Veterans are more likely to report recent history of
mental health services
Experienced physical abuse: 18%
Experienced sexual abuse: 7%
What is a Drug Court?
Judicially-supervised docket that
provides defendants/clients with
intensive treatment and other services
while holding them accountable to the
court, society, their families and
themselves
What is a Drug Court?
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Judge, Prosecution, Defense, Probation, Law
Enforcement, Treatment, using a nonadversarial, team approach
Regular court appearances
Frequent and random drug tests
Immediately rewards positive behavior,
sanctions negative
Drug Courts
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1989 – 1st Drug Court formed in
Miami, FL
2011 – 2,569 Drug Courts in the
United States
Drug Courts Work!
– Reduce crime
– Lower costs
– Ensure compliance
Reduce Crime
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75% of Drug Court clients
remain arrest-free at least 2
years after graduation.
Reductions in crime last at
least 3 years and can endure
for over 14 years.
Drug Courts reduce crime as
much as 35% more than other
sentencing options.
Save Money
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Up to $3.36 in criminal justice costs for
every $1.00 invested.
Up to $12 for every $1 invested, when
including other cost offsets (i.e., reduced
victimization and healthcare service
utilization.
Between $4,000 to $12,000 in Annual costs
per participant.
Ensure Compliance
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Provide more
comprehensive and closer
supervision than other
community-based
supervision programs.
6 times more likely to keep
offenders in treatment long
enough for them to get
better.
Veterans have challenges, but
why have a separate treatment
court for them?
Veterans Treatment Courts
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Hybrid Drug and Mental
Health Treatment Courts
using the Drug Court Model.
Principals of both Drug &
Mental Health Courts
Addition of U.S. Dept of
Veterans Affairs
representatives, state and
local agencies, and volunteer
Veteran mentors.
Target those who have
served in the U.S. Armed
Forces.
Jan 08 – First opened in
Buffalo, NY.
May 11 – Approx 100 VTCs,
many are being planned.
Veteran-specific
Benefits and Services
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U.S. Department of Veterans Affairs (VA)
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Veterans Health Administration (VHA)
Veterans Benefits Administration (VBA)
Department of Housing and Urban
Development (HUD)
Department of Labor (DOL)
State/County agencies
Veteran Service Organizations
Pro Bono Legal Assistance
Veterans Affairs (VA)
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Medical
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Substance Abuse
Mental Health (to include PTSD)
Homeless Services
Employment and Vocational Training
Education
Pension and Disability Payments
Veterans Justice
Outreach (VJO) Program
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Outreach, assessment,
case management for
justice-involved Veterans
in local courts and jails
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Veteran identification
Assistance in eligibility and
enrollment
Continued monitoring and
consultation
Hand-off to VA and
community service providers
VTC Mentor/Peer Programs
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Volunteers with prior or current military service
Help Veterans navigate the Court, VA, and
treatment systems
Assess “other needs” and
help adjust to civilian life
Help the Veteran and
Veteran’s family receive
the services they need to
be productive members of society
Military Cultural
Veterans are used to:
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Structure
Leadership
Loyalty
Patriotism
Camaraderie
Teamwork & Self-reliance
The 10 Key Components of
Veteran’s Treatment Court
 Veterans
Treatment Courts have
adopted with slight modifications the
essential tenements of the Ten Key
Components as described in the U.S.
Department of Justice Publication
entitled “Defining Drug Courts: The
Ten Key Components”, (Jan. 1997).
Key Component # 1
Integrates alcohol, drug treatment, mental
health treatment, medical services with
justice system case processing
Key Component # 2
Using a non-adversarial approach,
prosecution and defense promote public
safety while protecting participants' due
process rights
To facilitate
the veterans’
progress in treatment, the
prosecutor and defense counsel
shed their traditional adversarial
courtroom relationship and work
together as a team.
Key Component # 3
Eligible participants are identified early
and promptly placed
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identification of veterans entering
the criminal justice system is an integral
part of the process for placement in the
Veterans Treatment Court program.
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trauma of arrest can be an
opportunity for the veteran to address
denial issues.
Key Component # 4
Access to a continuum of alcohol, drug,
mental health and rehabilitation services
 Participants
in Veterans Treatment Court
may have different levels of need in a
wide variety of service domains.
 Issues
such as PTSD, TBI, Domestic
Violence and homelessness may need to
be assessed and addressed.
 Mentors
Key Component # 5
Abstinence is monitored by frequent alcohol
and drug testing
Drug Testing
 Court
ordered drug testing
 Frequent
 Random
 Use
of results
Key Component # 6
Coordinated strategy governs Court’s
responses to participants' compliance
Incentives and Sanctions
 Coordinated
strategy establishes
protocols for rewarding progress as
well as sanctioning non-compliance.
Key Component # 7
Ongoing judicial interaction with each
Veteran is essential
 Judge
as leader of the team.
 Continuity
of relationship between judge
and veteran
 Relationship
from acceptance in program
throughout treatment and commencement
and aftercare
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message is “Someone in authority
cares”
Key Component # 8
Monitoring and evaluation measure the
achievement of program goals and gauge
effectiveness
Program Monitoring
 Measures
progress against goals
 Results
are used to monitor progress
 Results
are used to improve operations
Key Component # 9
Continuing interdisciplinary education
promotes effective Court planning,
implementation, and operations
 All
Veterans Treatment Court staff should
be involved in interdisciplinary education
and training.
 Shared
interdisciplinary training creates
common knowledge and understanding.
Key Component # 10
Forging partnerships among the Veterans
Administration, public agencies, and
community-based organizations generates
local support and enhances Court
effectiveness
Questions?