Post on 13-Jan-2016
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Jude Litzenberger, Coordinator, Veterans Treatment Review Calendar, San Diego Superior Court and Executive Director, California Veterans Legal Task Force; (LCDR, USN (Ret.)
Hon. John Lonergan, California Superior Court, Los Angeles County (Col., USAR)
Paul Freese, Director of Litigation and Advocacy, Public Counsel Law Center Los Angeles (Veteran, US Army)
VETERANS TREATMENT COURTSJudge Robert Russell – Buffalo City Court 200890 (+) 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/prisonDistinctive VTC features – Veteran Mentors & VA
careEarly returns – Buffalo zero recidivism after two
years
VTC BasicsCollaborative approach – 3-4 phased program with
therapeutic/legal/social focus toward independenceMost plea agreements include legal incentives upon
completion or at phase intervals as legally permittedIntense scrutiny in probation monitoring Dynamic individualized treatment plan (12-18 mos)Felonies/Misdemeanors (formal/informal probation)Drug/Alcohol testing as required
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
Veterans Combat Experience36.7% Received small arms fire56.9% Received incoming artillery, rocket or
mortar fire18.1% Handled or uncovered human remains34.1% Saw dead or seriously injured Americans57.1% Knew someone seriously injured or killed47.4% Saw dead bodies or human remains45.4% Had a member of their unit become a
casualty
Source: Office of the Surgeon Multi-National Corps-Iraq, Office of the Surgeon General U.S. Army Medical Command. Mental Health Advisory Team (MHAT) VI OIF 07-09. May 8, 2009.
Vietnam Theater
Veterans
Current
PTSD (1986-88)
Incarcerated
3,140,000 479,000 (15.2%) 223,000 (45%)
34.2% Misd.
11.5% Felony
Source: National Center for PTSD, Fact Sheet: Findings from the National Vietnam Veterans’ Readjustment Study, 1988 ~
National Vietnam Veterans
Readjustment Survey (NVVRS)
OEF/OIF Theater
Veterans
Current
PTSD
Incarcerated
2,200,000
CA 198.000
770,000 (35%)
CA 69,300
346,500 (45%)
CA 31,185
Extrapolation based on data from National Center for PTSD, Fact Sheet: Findings from the National Vietnam Veterans’ Readjustment Study, 1988; and VA published estimates of OEF/OIF veterans’ PTSD rates.
Extrapolation for OEF/OIF Veterans
U.S. and California
THIRTY YEARS OF LOBBYINGIncreased Criminality and Consequences
Vietnam Era OEF/OIF EraDUI limits were 1.0 % BAC
or higher in most statesDUI was traffic ticket that
only effected driver’s license if repeated
No interstate compact – could move to start fresh
Domestic Violence was family matter
No data mining/criminal records private
DUI limits are .08% or less BAC in most states
DUI is misd/felony crime with severe driver’s license and employment impact
Interstate compact 48 states and federal jurisdictions
Domestic Violence misd/felony with major life consequences
Data mining/public records
Clinical Implications of PTS Traumatic event is re-experienced (triggers)Persistent Avoidance of Stimuli associated
with the event and Numbing of responseHyper-Arousal Symptomology of Interest - Sleep interference - Outbursts of anger - Concentration/focus problems - Unreasonable Fear and Hypervigilence - Exaggerated Startle Response
Practice Tip: TREATABLE Conditions!
Post Traumatic Stress (PTS, PTSD, combat stress, military operational stress – watch “disorder”)
Traumatic Brain Injury (TBI)Military Sexual Trauma (MST)DepressionSubstance Abuse/Addiction
These become worse with incarceration, treatment resistant with age and chronicity. Early identification and timely treatment yields best results.
Typical OffensesANYTHING High Risk - Driving
offenses/robberiesDUI (multiple offenses in short time period)Substance abuse (85% self treat with alcohol)Bar fights/Assaults Domestic Violence (atypical) Possession/Brandishing firearmsLook for “weird facts” related to triggers
Penal Code 1170.9CA Legislative History
Formerly PC 1170.8 enacted in 1982 in recognition of Vietnam Combat Veterans involved in felony crimes related to their psychological war wounds
Revised in 1984, 2006, 2010 and 2012
What PC §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.
Prerequisites for PC 1170.9(a) . . . If the veteran alleges the offense was committed as a result of military sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems stemming from service in the United States military,
Before being sentenced to county jail or state prison the court shall, make a determination as to whether the defendant served in the military and whether the defendant may be suffering from [the above].
PC§1170.9 after 1/1/11Defendant served/serves in the militaryDefendant pleads guilty or is found guiltyProbation eligible/assigned and appropriate
treatment is availableTreatment can be VA, Vet Center, or other local
mental health resources if available and preference given to programs which have a history of treating veteran’s particular assessed condition(s).
Custody credits day for day for residential treatment.
AB2371 Changes Effective 1/1/13Judge monitoring probation/treatment may reduce
felony “wobblers” to misdemeanorsMisdemeanors, including those reduced, may be
dismissed by the judge without prosecutor agreementUnless applying for position in law enforcement,
veteran may answer “NO” to questions re: arrest and conviction as related to the dismissed case
Can be considered a prior if any new criminal conduct happens after dismissal by monitoring judge
VTCs Save Local and State $$$Feb 2011-Feb 2012 San Diego VTRC dataTwo year average is 100 veterans per week
booked into county jails (answered yes to “have you ever served in the military?)
Diverting 21 veterans in VTRC program saved $530,000 in jail costs (based on $109.30 p/day)
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)
One new case – 4.7% recidivism (cf 48 cases prior 2 yrs)
CVLTF AssistanceRecognized non-profit organization under Internal
Revenue Code 501(c )3 (funding/grant partnership)Offers free assistance to counties throughout
California to help start and expand Veterans Treatment Courts and affordable legal assistance to veterans and their families (website, evaluation)
We do not advocate any particular model of VTC, but can educate the local community organizers on models they can look at to decide one for their community
Conducting survey on all CA VTCs/Collaborationwww.cvltf .org for more information or to donate
Big Thanks to Our Sponsors
County of San Diego HHSA, Mental Health Systems, Inc. Courage to Call Program grant
Raymond James Charitable TrustCriminal Defense Lawyers’ Club of San DiegoConsumer Attorneys of San DiegoCalifornia Veterans Benefit FundCalifornia Department of Veterans Affairs
Panel PresentationHon. John Lonergan, Los Angeles Superior CourtPaul Freese, Director of Litigation and Advocacy,
Public Counsel Law Center, Los AngelesJude Litzenberger, Coordinator, Veterans
Treatment Review Calendar, San Diego Superior Court and Executive Director, California Veterans Legal Task Force
Moderator: Miguel Pares, San Bernardino County Probation Department