Veterans Justice Outreach (VJO)

Initiative

Department of Veterans Affairs

Paul J. HutterChief Officer, VHA Legislative, Regulatory

and Intergovernmental Affairs

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VJO Initiative

The VJO initiative is designed to prevent homelessness by connecting eligible justice-involved Veterans with needed mental health, substance abuse, and other VA services, when possible, as an alternative to incarceration or other traditional criminal sanctions.

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Local Law Enforcement

Arrest

Initial Detention

First Appearance Court

Specialty Court

Jail - Pretrial

Dispositional Court

Jail - Sentenced Prison

Probation Parole

Community

Community

LAW ENFORCEMENT-COURTS-JAILS:

VA Veterans Justice Outreach (VJO)

PRISONS:Health Care for Reentry

Veterans (HCRV)

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Defining Justice-Involved Veterans

• A justice-involved Veteran is:– A Veteran in contact with local law enforcement who can be

appropriately diverted from arrest into mental health or substance abuse treatment;

– A Veteran in a local jail, either pre-trial or serving a sentence; or,– A Veteran involved in adjudication or monitoring by a court

• Related issues– Reentry for Veterans being discharged from State and Federal

Prisons– Disruptive Behavior Committees to establish individualized

strategies for safe management of Veterans who are dangerous to other patients, visitors, or providers

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Implications

• Veterans are not more likely to be arrested than other adults

• The healthy soldier effect should lead to lower numbers

• America has an obligation provide treatment and rehabilitation for the invisible wounds of the brain, mind, and soul to decrease rates of “criminal” behaviors, arrests, and incarcerations

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Estimated Arrest Rates-2007

Male population

Female population

Male rate (per 100,000)

Female rate (per 100,000)

Veterans 22,614,000 1,650,000 5,076 703

Others 85,264,300 113,024,700 9,817 2,255

2007 adult population Arrest rates

Source: Bureau of Justice Statistics

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Estimated Justice-Involved Veteran Population-2007

US Number Est’d % Veterans

Est’d Veteran Number

Probation 4,293,200 9.3% 399,300

Parole-Supervised Release

824,400 9.1% 75,000

Local Jail 780,600 9.3% 72,600

State Prison 1,315,300 10.4% 136,800

Federal Prison 197,300 9.8% 19,300

Total Correctional 7,328,200 9.6% 703,000

Adults Arrested 12,078,000 9.6% 1,159,500

Source: Bureau of Justice Statistics

Incarcerated Veterans: What are Their Offenses

• Current Incarceration Offense Category :

– 35% violent

– 25% property

– 26% drug

– 16% public order

– 26% probation/parole

• Definite release date: 70%

• Age at first arrest: 27

• Number of previous arrests: 8

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Invisible Wounds

• Combat can cause invisible wounds to the brain, mind, and soul– Traumatic brain injury– Mental health conditions

• Both types of injuries can lead to– Poor judgment– Impulsivity– Difficulty in matching behavior to the context

• Behaviors attributable to these injuries– Can look like criminal behavior– Can be criminal

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Recent Events

• December 2008– Outreach Planning

Conference

• April 2009– Summit

• 8 State and Federal Judges• Broad VA representation

• May 2009– Policy memo– Program development

• January 2010– VJO National Training

Conference

• Regional Training– September 2010 – Buffalo,

NY– May 2010 – San Jose, CA– June 2010 – Chicago, IL– August 2010 – Tulsa, OK &

Atlanta, GA

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Deputy Under Secretary for Operations and Management Memo to Veterans Integrated

Service Network DirectorsMay 27, 2009

• Designation of a Veteran Justice Outreach (VJO) Specialist at every VAMC

• Requirements for VA Medical Center and VISN activity focused on justice-involved Veterans:

– VA Medical Centers must provide outreach to justice-involved Veterans in the communities they serve

– In communities where justice programs relevant for Veterans exist, VA will take the initiative in building working relationships to see that eligible justice-involved Veterans get needed care

• Veterans courts• Mental Health courts• Drug Courts• CITs

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DUSHOM Memo (cont.)

• Requirements for VA Medical Center and VISN activity focused on justice-involved Veterans (cont.)

– In communities where no such programs exist, VA will reach out to potential justice system partners to connect eligible justice-involved Veterans with VA services

• Judges• Prosecutors• Police• Jail administrators

– VA Medical Centers must also ensure that VA Police located at their facilities have received training on Veteran-specific issues

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Veterans Justice Outreach Specialists

• Each VAMC has designated a VJO specialist• Responsible for

– Outreach, assessment, case management for justice involved Veterans in local courts and jails

– Liaison with local justice system partners– Providing/coordinating training for law enforcement

personnel

• Specialists will– Assist in eligibility determination and enrollment– Function as members of court treatment teams– Refer and link Veterans to appropriate providers

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Special Courts:a growing movement

• Veterans courts– ~ 31 operational– ~ three dozen being planned

• Mental Health courts– > 300 operational– Alternatives include

• MH presence for all courts• MH programs for probation

• Drug courts– > 2300 operational

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Limits on VA Authorization

• Title 38 CFR 17.38 does not allow VHA to provide:– Hospital and outpatient care for a Veteran who is

• Either a patient or inmate in an institution of another government agency

• If that agency has a duty to give that care or services

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Partnership with State Directors of Veterans Affairs

• State Veterans Affairs provide additional benefits to veterans

• Help identify areas in each state that would be ripe for Veterans Courts

• Leverage strong relationships with Veteran advocacy groups

• Leverage established relationships with law enforcement

• VHA provides healthcare and treatment

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Next Steps

• Continue implementation of the VJO Initiative

• Maintain close partnership with State Veterans Affairs Departments

• Continue working with local justice systems to establish solid relationships

• Work with CIT programs and special courts in each area

• Work with other stakeholders to establish these programs where they do not currently exist

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Points of Contact

• Paul J. Hutter, Chief Officer, Office of Legislative, Regulatory & Intergovernmental AffairsPaul.hutter@va.gov(202) 461-6518

• Jim McGuire, VA Program Manager, Healthcare for Reentry Veterans ProgramJames.mcguire@va.gov (310) 478-3711 ext. 41450

• Sean Clark, VJO National Coordinator, Office of Mental HealthSean.clark2@va.gov (202) 461-7311

• Christine Merna, Office of Legislative, Regulatory & Intergovernmental AffairsChristine.merna@va.gov(202) 281-8876

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Questions?

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BACK-UP SLIDES

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Veterans in Prison

• Older • Less likely to be minorities• More likely to have been married• More educated• More violent offenses

– State (57.4% vs 46.8%)– Federal (19.0% vs 14.1%)– More likely to have known victim * (70.9% vs 54.3%)– More likely relatives/intimates* (37.1% vs 21.1%)– Less likely to use weapon* (29.5% vs 37.8%)

• Less drug offenses– State (15.0% vs 22.1%)– Federal (46.3% vs 56.2%)

• Longer sentences– State (mean 147 vs 119 mos)– Federal (mean 138 vs 127 mos)

* State prisons

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Incarceration in Prisons-2004

Age Veterans Others

All adults 630 1,390

18-24 1,391 1,446

25-34 1,232 2,260

35-44 1,861 1,763

45-54 1,314 846

55-64 345 451

65 and older 76 105

Rate per 100,000 adult males

Source: Bureau of Justice Statistics

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Types of Discharge-2004

Total number 127,500 12,500

Honorable 61.6% 65.3%

General(honorable conditions)

16.9% 15.9%

General(other)

3.1% 1.9%

Other than honorable 8.8% 6.4%

Bad conduct 3.0% 2.5%

Dishonorable 2.8% 5.6%

Other 3.7% 2.4%

State Prisons Federal Prisons

Source: Bureau of Justice Statistics

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Outreach to Veterans in Prison

• Health Care for Reentry Veterans (HCRV)– 29,000 to 56,000 Veterans are discharged from

State and Federal prisons each year• 39 FTEE HCRV Specialists• Are contacting Veterans in 955 of 1319 State and

Federal prisons, and have • Worked with 19,682 Veterans reentering the community

from prison

VA-Department of LaborJustice Collaboration

• Then: PL 107-95 §2023: – “Shall be carried out in at least 6 locations”– Veterans: “transitioning from certain institutions (i.e.

penal) who are at risk of homelessness” – Referral/counseling services: Jobs; Housing; Healthcare;

Benefits.– Demonstration (2003-2008): Incarcerated Veterans

Transition Program (IVTP)• 7 Sites – jail and prison-focused• Final Report to Congress (May, 2008): One-year

positive effects – Healthcare (47%), Employed (57%), Recidivism (35%).

• Now: PL 110-387 §702:– Requires program in at least 12 locations;

– Extends the program through FY2012. 25