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Combat; Consequences; Solutions California Veterans Treatment Courts and Penal Code 1170.9

Paul Freese, Director of Litigation & Policy Advocacy for Neighborhood Legal Services, Los Angeles

Veteran Project

Our call to arms:

• We have a new awareness of the

consequences of combat, veterans treatment • This unique population has shown an amazing

reaction to “veteran” based solutions in the court system

• We need your help in supporting this effort

War is brutal, searing the soldier’s mind and soul with

the unspeakable

Intense Training until combat & killing are an innate response

Caren Firouz, Reuters

Extended, Multiple Tours Combat

In Vietnam, draftees served one 12-month combat tour.

Many have now served 2 or 3 combat tours.

Some have served 4, 5, 6, 7, even 8 tours.

94% Received Incoming Small Arms Fire

48% Killed an Enemy Combatant

MARCO DI LAURO/Getty

51% Handled Human Remains

28% Responsible for Death of a Noncombatant

86% Knew Someone Seriously Injured or Killed

High Crime Waves, after every war

2009 Ft. Carson EPICON Study Epidemiological Consultation=CAUSES Not just “bad seeds” No correlation between post-war violence and

pre-service bad behavior

Combination of Pressures of Multiple Deployments and Exposure to Combat

PTSD,TBI,Injuries, Suicides & Violent crime climb with each additional tour.

• Capt. Joshua A. Mantz, who was shot in Iraq. Technically, he was dead, a flat-liner for a full 15 minutes. Five months after he was revived, Captain Mantz returned to his unit in Iraq to finish a tour of platoon command, and he is preparing to deploy again, most likely early next year ---May 10, 2010 with Defense Sec Robert Gates

Transition • A WAR VETERAN'S IDENTITY CRISIS--Shannon Meehan, retired

Army Captain, suffers PTSD, TBI ability to express how feelings can lead to aggressive erratic behavior

• Identity crisis: “Military service is not simply a job; it is an identity…. on returning to civilian life, that identity is ripped away “

• They’ve been drastically changed inside, family and friends –

no one can understand including themselves.

• Unable to work

How Combat Trauma Leads to Criminal Behavior

• Many self-medicate with alcohol or drugs and

fall into self-destructive, reckless or violent behavior.

• Others suffer flashbacks in which they believe they are back in combat and act out.

• Studies are showing a potential tie between TBI and violence.

TREATABLE Conditions!

• 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; become chronic

conditions when ignored. Early identification and timely treatment yields best results.

VETERANS TREATMENT COURTS • Judge Robert Russell – Buffalo City Court 2008 • 120(+) Veterans Treatment Courts in U.S. • 13 in California -Santa Clara, Orange, San Bernardino,

Tulare, Los Angeles, Ventura , San Joaquin, San Diego, Riverside, Santa Barbara, El Dorado, Placer, San Mateo (Sonoma, Kern, Monterey, Alameda, Sacramento, Sierra, San Luis Obispo, Kings)

• 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 • Early returns – Buffalo zero recidivism after two years

VTC Basics • Collaborative approach • Most plea agreements include legal incentives upon

completion, charge may be reduced or dismissed • Intense scrutiny in probation monitoring • Dynamic individualized treatment plan (12-18 mos) • Drug/Alcohol testing as required

• ** each veteran court may have it’s own individual criteria, some won’t take misdemeanors, nor active military

Department of Veterans Affairs, Veterans Health Administration (2006). “Guidelines and Recommendations for Services Provided by VHA Facilities to Incarcerated Veterans Re-Entering Community Living.” Undersecretary for Health’s Information Letter, Washington, D.C. http://www1.va.gov/homeless/docs/IV_IL_10200607.pdf

What Penal Code §1170.9 Does

California Penal Code § 1170.9 allows the court to provide treatment in lieu of incarceration for veterans who suffer from PTSD, TBI, sexual trauma, substance abuse, or mental health problems as a result of having served in the United States military.

Encourages treatment as early as possible to make communities safe and restore veterans to health.

PC §1170.9 after 1/1/11

• Defendant served/serves in the military • Defendant pleads guilty or is found guilty • Probation eligible/assigned and appropriate

treatment is available • Treatment can be VA, Vet Center, or other

local mental health resources • Custody credits day for day for residential

treatment

AB2371 Changes Effective 1/1/13

• Judge monitoring probation/treatment may reduce felony “wobblers” to misdemeanors

• Misdemeanors, including those reduced, may be dismissed by the judge without prosecutor agreement

• Unless applying for position in law enforcement, veteran may answer “NO” to questions re: arrest and conviction as related to the dismissed case

• Dismissed case can be considered a prior if any new criminal conduct happens after dismissal.

• Diverting 21 veterans in VTRC program saved $530,000 in jail costs (based on $109.30 p/day)

• Two year average is 100 veterans per week booked into county jails (answered yes to “have you ever served in the military?”)

• VA paid for treatment for the 21 participants, saving the county equivalent of $409,000 for 3500 residential days ($39 p/day) and 1100 hours of therapy ($61.50 p/hr LCSW rate)

• Feb 2011-Feb 2012 San Diego VTRC data • One new case – 4.7% recidivism (cf 48 cases prior 2 yrs)

VTCs Save Local and State $$$

VTCs Save Local and State $$$

• LA Veterans Court was 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.

• By shifting veterans away from prison and providing treatment instead, the program has now saved taxpayers about $3 million, according to the DA's Office

LA Veteran Court

• Veteran Justice Outreach worker: • Sergio Antoniuk, can help incarcerated vets • Sergio.Antoniuk@va.gov • 213 253 2977 ext 4771 • Public Defender Lisa Lichtenstein, Public

Defenders refer cases to her • DA Kim Hassett,private attorneys refer cases

to her for veteran court in LA

New Directions, Inc.

• New Directions, Inc., founded by formerly homeless veterans, has specialized residential treatment programs such as:

• The New Directions Oasis, providing residential care to female veterans

• Chris's Place, New Directions' transitional residence for returning veterans of Operation Enduring Freedom and Operation Iraqi Freedom (OEF/OIF).

Comprehensive Long Term Treatment, wrap around services

• Substance Abuse Rehabilitation • Remedial Education • Vocational Assessment and Training • Legal Services • Housing Placement Assistance • Family Reunification Support • Separation/Transition Assistance • Aftercare

Mentors, Support, Transitions

• Mentors are a huge support for a veteran in the criminal justice system and their families

• Support: encouragement, families, jobs

• Transitioning back into the community, being a “part of”

QUESTIONS?

Thank you for helping build stronger communities and restoring those veterans who serve our nation! Thank you for your service!