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5/28/2021
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Veterans Treatment Court and New Legislation Affecting Justice-Involved Veterans
Co-sponsored by
Committee on VeteransCommittee on Continuing Legal Education
Veterans Treatment Court And New
Legislation Affecting Justice-Involved Veterans
Presenters:
Sky L. Pena-Davis, MA, CASAC
Judge Robert T. Russell
Veterans Treatment Courts…
➢ Current and former service members that become justice involved have needs and risk that require clinical and criminogenic interventions which are culturally sensitive to them.
➢ At the same time, recognizing that these tailored interventions are most effective when balanced with an adherence to evidence based practices and standards that are implemented in the treatment court model.
Suggested Read: Military Service and Crime: New Evidence (Snowden, Oh et al., 2017).
doi:10.1007/s00127-017-1342-8
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Veteran Suicide: Insight for Consideration
• Veterans are 1½ times more likely to die by suicide
than those who have not served.
• 20 veterans a day die by suicide.
• The Veterans Crisis Line/Military Crisis Line has answered
over 2 million calls since it started in 2007:
Call: 800-273-8255 press #1Online chat: veteranscrisisline.net/chat
Text: 838255
If mental health disorders among veterans are left untreated, they can directly lead to involvement in the criminal justice system.
Homelessness
❑ Veterans are twice as likely
to become homeless as non-Veterans
❑ Criminal involvement is
single best predicator of future homelessness
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Most common presenting behavioral health issues we see with participants
Adjustment Disorder
Posttraumatic Stress
Posttraumatic Stress Disorder
Unspecified Trauma/MST/Complex
Substance Use; severe, moderate and mild
Mood Disorder
Major Depressive Disorder
Traumatic Brain Injury
Intermittent Explosive
Antisocial Personality Disorder
What Makes a VTC Different?
Appreciation & leveraging
… OF THE MILITARY CULTURE.
Core Principles of the Military
Structure Leadership Competence
Common Good
Camaraderie Self-reliance
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Veterans
Treatment Courts Unique
Components
Court entirely of Veterans
Veterans Health Care Worker(s) & Services
Veteran Mentors
Therapeutic Environment
Hybrid Drug & Mental Health Court with specific responsivity to a culture
What
Makes them
Different
The Participants prior experiences are different.
The array of services are expanded, specific and tailored to Veterans,
The addition of Volunteer Veteran Mentors to Treatment Court Operations.
Non-Traditional Resources inVeterans Treatment Courts
U.S. Department of Veterans Affairs
U.S. Department of Labor
State Departments of Veterans Affairs
Veterans Service Organizations
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V.A. Health Care Worker
Veterans Justice Outreach (VJO) Specialist
Obtaining VA Releases of Information
Facilitating VA linkages for services
Coordinating and providing VA status
report regarding Tx, tox screens, appointments, etc.
Case management & crisis management
VA Veterans Benefits
Administration
Veteran Service
Representatives (VBA)
Liaison
Obtaining VA Releases of
Information
Facilitate processing or review
of Pension Disability Benefits
Process review of potential errors or corrections on
veterans DD214
The Secret Sauce Of Veterans Treatment Courts...
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Veteran Mentors
“Leave no one behind”
Veteran
Mentors’ Role
❑ Coach
❑ Facilitator
❑ Advisor
❑ Sponsor
❑ Support
Why Veterans
Treatment Court?
Affording the best opportunity for success and…
“…To care for him who shall borne the battle and for his widow, and his orphan ….”
- President Abraham Lincoln
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Veterans Stood Up for Us
Now let us stand up for Veterans
Thank you for considering Veterans
Treatment Courts
New Legislation Affecting Justice-Involved Veterans
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1 in 5Veterans with symptoms of a mental
health disorder or cognitive impairment
1 in 6Iraq and Afghanistan veterans suffering
with a substance use disorder
50%Percentage of veterans with PTSD that
do not receive treatment
181,000Veterans incarcerated in United States jails
or prisons
Justice for Vets
1 - Elements of the legislation
2 - Issues with the legislation
3 - Recommendations
NYS Unified Court System/Office for Justice Initiatives
Overview
1 - Elements of the legislation
NYS Unified Court System/Office for Justice Initiatives
Overview
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Amends Judiciary Law to establish veterans treatment courts.
Amends the CPL in relation to the removal of certain actions to veterans
treatment courts.
New Legislation (effectuated 4/28/21)
Veterans Treatment
Courts
(by county)
Veterans Treatment
Courts
(by county)
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Amends Judiciary Law to establish veterans treatment courts.
Amends the CPL in relation to the removal of certain actions to veterans
treatment courts.
New Legislation (effectuated 4/28/21)
170.15 (5) Removal of action from one local criminal court to another
180.20 (4) Proceedings upon felony complaint; removal of action from one local
criminal court to another
230.11 Removal of action to certain courts within a county
230.21 Removal of action to certain courts in an adjoining county
Criminal Procedure Law
....or with consent of the district attorney and the district attorney of the adjoining county to
another court in such adjoining county, that has been designated as a human trafficking court
or veterans treatment court by the chief administrator of the courts, and such human trafficking
court or veterans treatment court may then conduct such action to judgment or other final
deposition;
Transfers
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...no court may order removal pursuant to this subdivision
to a veterans treatment court of a family offense charge described
in subdivision one of section 530.11 of this chapter where the
accused and the person alleged to be the victim of such offense
charged are members of the same family or household as defined in
such subdivision one of section 530.11;
Disqualifying
Why is this
legislation
important?
Provide services for the invisible wounds of
war.
Restore veterans as contributing members of
their community.
Respect their service and restore honor.
2 - Issues with the legislation
NYS Unified Court System/Office for Justice Initiatives
Overview
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Where are the veterans?
• Veterans must self-identify for services.
• If we don't know that the individuals before the court are veterans, we cannot offer them services.
Technological Challenges
The NYS Unified Court System's
database and the NYS Division of
Criminal Justice's database cannot
process case transfers.
Why is this important?
When cases are transferred, most
courts will re-create the case in their
database to manage the case.
This results in inconsistent
information on a defendant's RAP
sheet/criminal history report.
The inconsistent information shows
up when the defendant seeks
employment, adopts a child, seeks
housing, or applies for a professional
license.
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3 - Recommendations
NYS Unified Court System/Office for Justice Initiatives
Overview
NYS Unified Court System/Office for Justice Initiatives
Ask your clients:
Have you ever served in the US Armed Forces?
Or, have you ever served in the US military?
Include: Active Duty, Reserves or National Guard
Do not ask:
Are you a veteran?
Ask often.
Transfer
cases
PRE-
PLEA
Once a plea is recorded in one
court, the sentence needs to be
recorded with the same court.
If a plea is left unresolved, there
will be two separate dispositions
on the same case, in two separate
courts.
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Courtesy Monitoring Supervision
Court A: court of original
jurisdiction
Court B: supervising court
The supervising court has limited jurisdiction.
To all veterans, living and deceased, thank
you for your service and sacrifices so that we
can live in a free country. I am profoundly
grateful for and respectful of all you have
done for us and our nation.
Thank you for your participation in today’s program.
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