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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
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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
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War is brutal, searing the soldier’s mind and soul with
the unspeakable
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Intense Training until combat & killing are an innate response
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Caren Firouz, Reuters
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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.
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94% Received Incoming Small Arms Fire
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48% Killed an Enemy Combatant
MARCO DI LAURO/Getty
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51% Handled Human Remains
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28% Responsible for Death of a Noncombatant
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86% Knew Someone Seriously Injured or Killed
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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
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PTSD,TBI,Injuries, Suicides & Violent crime climb with each additional tour.
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• 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
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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
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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.
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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.
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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
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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
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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
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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.
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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
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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.
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• 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 $$$
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VTCs Save Local and State $$$
• 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
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LA Veteran Court
• Veteran Justice Outreach worker: • Sergio Antoniuk, can help incarcerated vets • [email protected] • 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
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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).
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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
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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”
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QUESTIONS?
Thank you for helping build stronger communities and restoring those veterans who serve our nation! Thank you for your service!