5.
City Council Work Session
- Meeting Date:
- 05/13/2014
- Co-Submitter:
- Don Jacobson, Court Administrator
- From:
- Stacy Saltzburg, Deputy City Clerk
- Department:
- Municipal Court
Co-Submitter:
TITLE:
Update on Veterans Court
DESIRED OUTCOME:
Informational
INFORMATION:
Judge Tom Chotena will be providing a PowerPoint Presentation on an update of the Veterans Court.
Need
Most veterans are strengthened by their military service, but the combat experience has unfortunately left a growing number of veterans with Post-Traumatic Stress Disorder and Traumatic Brain Injury. One in five veterans has symptoms of a mental health disorder or cognitive impairment. One in six veterans who served in Operation Enduring Freedom and Operation Iraqi Freedom suffer from a substance abuse issue. Research continues to draw a link between substance abuse and combat-related mental illness. Left untreated, mental health disorders common among veterans can directly lead to involvement in the criminal justice system.
The Veterans Treatment Court model requires regular court appearances (a bi-weekly minimum in the early phases of the program), as well as mandatory attendance at treatment sessions and frequent and random testing for substance use (drug and/or alcohol). Veterans respond favorably to this structured environment given their past experiences in the Armed Forces. However, a few will struggle and it is exactly those veterans who need a Veterans Court program the most. Without this structure, these veterans will reoffend and remain in the criminal justice system. The Veterans Court is able to help them meet their obligations to themselves, the court, and their community.
Structure
The Flagstaff Municipal Court Veterans Court will be based on diversion and deferral programs to be developed by the City of Flagstaff Prosecutor's Office. Admission to the Veterans Court program will be for individuals who are part of the target population and at the discretion of the Prosecutor's Office.
Goals of the Veterans Court Program
The Veterans Court team will respect the privacy and dignity of individual participants. Information obtained through the Veterans Court program will be used for court and treatment purposes only and will not be otherwise disclosed unless required by law or order of the court and/or in accordance with Arizona Rules of Supreme Court, Rule 123. To the extent possible, treatment records will not be filed as court documents.
Implementation
The Flagstaff Municipal Court Veterans Court will kick-off our program in conjunction with the 2014 High Country Veterans Stand Down to be held May 16th. The stand down, to be held at the Arizona National Guard Armory, will provide an opportunity for veterans to visit with the court, manage outstanding case related issues and even have warrants quashed without fear of arrest. Our first Veterans Court hearings will be the following week.
Need
Most veterans are strengthened by their military service, but the combat experience has unfortunately left a growing number of veterans with Post-Traumatic Stress Disorder and Traumatic Brain Injury. One in five veterans has symptoms of a mental health disorder or cognitive impairment. One in six veterans who served in Operation Enduring Freedom and Operation Iraqi Freedom suffer from a substance abuse issue. Research continues to draw a link between substance abuse and combat-related mental illness. Left untreated, mental health disorders common among veterans can directly lead to involvement in the criminal justice system.
The Veterans Treatment Court model requires regular court appearances (a bi-weekly minimum in the early phases of the program), as well as mandatory attendance at treatment sessions and frequent and random testing for substance use (drug and/or alcohol). Veterans respond favorably to this structured environment given their past experiences in the Armed Forces. However, a few will struggle and it is exactly those veterans who need a Veterans Court program the most. Without this structure, these veterans will reoffend and remain in the criminal justice system. The Veterans Court is able to help them meet their obligations to themselves, the court, and their community.
Structure
The Flagstaff Municipal Court Veterans Court will be based on diversion and deferral programs to be developed by the City of Flagstaff Prosecutor's Office. Admission to the Veterans Court program will be for individuals who are part of the target population and at the discretion of the Prosecutor's Office.
Goals of the Veterans Court Program
- Increase Treatment Engagement (which includes improved quality of life)
- Improve Public Safety (by decreasing criminal involvement)
- Increase the Effective Use of Resources (By shifting response from criminal justice to treatment for offenders who are qualified veterans and decreasing criminal justice involvement)
- To be eligible for the Veterans Court program participants must be charged with a misdemeanor crime and be eligible for veteran benefits as determined by the Veterans Administration. Defendants with co-occurring substance abuse disorders and mental illness are eligible. Homelessness does not prevent eligibility but we recognize that homelessness creates problems tracking individual progress and in stabilizing the individual in his/her treatment regimen. There must be some method of contacting the homeless participant. The program may assist the individual to find housing and other appropriate resources.
- Misdemeanor violent offenses will not preclude eligibility per se. The prosecutor will review such cases and consult with any victims before agreeing to participation. While prior criminal history does not preclude participation in the program the prosecutor may exclude someone where prior history involves serious criminal conduct or otherwise suggests defendant will be a danger to the community. Individuals previously enrolled in this or another Veterans Court program are not per se ineligible but will be subject to same review process as other participants.
- Individuals who are deemed legally incompetent will not be accepted into the program but will be referred for appropriate legal or treatment alternatives (such as the Flagstaff Municipal Courts Mental Health Court program). Because this is a voluntary program, any Defendant may decline to participate in the Veterans Court program. In such cases the matter will be removed from the Veterans Court docket and will proceed on the standard court docket.
- The Veterans Court team will be made up of the Veterans Court Judge, City Prosecutor, a representative of the Veterans Administration and a Municipal Court probation officer. Team meetings will be scheduled bi-monthly for an amount of time to be determined by the needs of the team and the number of participants in the program.
- Administration of the program, from the court perspective, will be managed by the Flagstaff Municipal Court and Court Administration. With regard to treatment, the Veterans Administration will be responsible for administration.
The Veterans Court team will respect the privacy and dignity of individual participants. Information obtained through the Veterans Court program will be used for court and treatment purposes only and will not be otherwise disclosed unless required by law or order of the court and/or in accordance with Arizona Rules of Supreme Court, Rule 123. To the extent possible, treatment records will not be filed as court documents.
Implementation
The Flagstaff Municipal Court Veterans Court will kick-off our program in conjunction with the 2014 High Country Veterans Stand Down to be held May 16th. The stand down, to be held at the Arizona National Guard Armory, will provide an opportunity for veterans to visit with the court, manage outstanding case related issues and even have warrants quashed without fear of arrest. Our first Veterans Court hearings will be the following week.