Perspective of San Diego County’s VTC Probation Officer: Working with the vets

in the office, at their residences, in Court, and in treatment

Jennifer McIntyre

Senior Probation Officer

San Diego County Probation Department

Instructor Bio• Assigned VTC Probation Officer in San Diego County since 2014. One

VTC P.O. in the county.

• Before coming to VTC, I supervised severely mentally ill and high risk probationers.

• Previously worked as a Deputy Sheriff (Detentions/Court Services) for the San Diego County Sheriff ’s Dept. and as a crime analyst intern for the Athens-Clarke County Police Department in Athens, Georgia.

• Field Instructor for San Diego State University, School of Social Work, where I instruct social works interns assigned to the department.

• Academic background: B.A. Criminal Justice, University of Georgia, 2009

M.A. in Management, National University, 2011

Master of Criminal Justice, National University, 2014

• Served 6 years in the U.S. Navy (2000-2006), Weapons Specialist (FC) onboard the USS Normandy (CG 60).

Objectives• Review the role of the SD County VTC P.O., as well as best

practices utilized in this position.

• Review the balanced approach and trauma-informed care used in SD County when working with VTC participants in the office, at their residences, in Court, and in their treatment programs.

• Overview of San Diego’s VTC Participant Handbook

• Review eligibility criteria for applicants, as well as a quick overview of structure of the VTC program.

• Discuss the importance of building trust with the VTC participants as the P.O., especially when so many veterans enter the criminal justice system after losing trust in others and in law enforcement.

Military Presence in San Diego• There are more than 100,000 active duty service members

in San Diego. These active duty service members are split roughly evenly between the Navy and the Marine Corps. The largest installations are: ▫ Marine Corps Air Station Miramar▫ Marine Corps Base and Marine Corps Air Station

Camp Pendleton▫ Naval Base Point Loma▫ Naval Base Coronado▫ Naval Base San Diego

• San Diego is home to 60% of the ships in the fleet of the U.S. Navy, and 1/3 of the active duty force of the U.S. Marine Corps

Vets in San Diego• More than 240,500 veterans reside in San Diego and

another 370,000 live in Los Angeles County.• Military veterans make up more than 13% of the

population of San Diego County.• San Diego County is estimated to have the third-highest

number of veteran residents of any county in the nation and the highest number of veterans returning from wars in Iraq and Afghanistan than any other county in nation.

• 13.5% of San Diego County businesses are owned or jointly owned by veterans.

• San Diego County is “the number one destination in the nation for newly returning veterans.”

• San Diego veterans are comparatively young. The population between eighteen and thirty-five years old is approximately double that of national figures.

Branches Represented in San Diego

• The Army is the most represented branch nationwide in VTC.

• Although the Army presence in San Diego is considerably less than Navy and USMC presence, San Diego’s VTC is approx. 1/3 Army, 1/3 Navy, 1/3 USMC.

San Diego’s VTC Team• Superior Court Judge• Deputy Public Defender• Deputy District Attorney• Deputy City Attorney• Probation Officer (Law Enforcement Representative)• Veterans Justice Outreach Specialist (VJO), VA• Clinical Director, Veterans Village San Diego (VVSD) RTP• Treatment Specialists, San Diego Vet Center• Two Mentor Coordinators• County Parole and Alternative Custody (CPAC, house arrest)- Deputy

Sheriff, San Diego County Sheriff ’s Dept. (when participants are placed on CPAC). Dually supervised by SDSO and Probation.

• Court Clerks• Interns

Overview

• San Diego County’s VTC accepts both misdemeanors and felonies and both active duty and veterans.

• VTC is a post-sentence Court program. The defendant receives referral at sentencing hearing to VTC to begin screening process. Screening process takes 3-6 weeks. Referral is requested by attorney of record.

• If the defendant is sentenced to summary probation, their grant will be converted to formal probation upon their acceptance into VTC up until their graduation, in which case grant will convert back to summary probation until PC1170.9(h) motion. All VTC participants are on formal probation while in VTC.

• If the defendant is sentenced to formal probation, they will remain on formal probation until they fully complete VTC.

Typical Offenses

• DUI (multiple offenses in a short time period)

• Substance abuse

• Bar fights/assaults

• Domestic violence

• Possession/brandishing/discharging firearms

• Assault with a deadly weapon

• Child abuse

• Burglary

• Other high risk offenses

Eligibility Criteria• Current offense must be eligible for relief pursuant to

PC1170.9(a) and (b) of Penal Code. Must be legal resident of San Diego County (or have solid plans to become one). If active duty, he/she may be eligible even if not stationed here, as long as he/she has means to report to San Diego for Court hearings.

• Must have a verified history of military service. DD Form 214 (Certificate of Release or Discharge from Active Duty) is preferred .

• Applicant must allege that they committed the criminal offense as a result of military duty-related trauma and a related mental health issue (most commonly seen examples are Post-Traumatic Stress, Traumatic Brain Injury, Military Sexual Trauma, Anxiety, Depression, Bipolar Disorder, and/or serious substance abuse issues). Both the trauma and the mental health condition must have a nexus to the instant offense.

Other Eligibility Criteria• Applicant must voluntarily and willingly agree to

participate in VTC.

• Participant must agree to be placed on formal probation (VTC accepts both misdemeanors and felonies).

• Applicant must have the mental capability to make discernments and actively participate in the VTC.

PC1170.9(h)• Penal Code 1170.9 mandates that courts consider treatment rather than

incarceration when sentencing a defendant who has served in the military and ▫ who suffers from a diagnosed condition listed in the statute (military

sexual trauma, traumatic brain injury, post-traumatic stress disorder, depression, anxiety, substance abuse, and or other mental health condition)

▫ the listed condition stems from military service▫ the defendant’s criminal conduct was the result of the listed condition.

Although a VTC candidate’s offense may be compatible with the eligibility guidelines for the program, the offender may not be suitable for the program based on a variety of factors that will be revealed during VTC screening process. The assessment process by the VTC team will narrow the pool of candidates to those eligible and appropriate for the program. A qualified mental health treatment provider employed by the VA (Veterans Justice Outreach Specialist, VJO) will conduct an assessment, which will help the VTC team identify those individuals who are eligible for VTC and establish a formal treatment plan for qualified applicants. VJO can diagnose and/or screen positive the military trauma.

Once Participant Graduates VTC

He/she is eligible for “h motion.”

• Eligible for restorative relief pursuant to PC1170.9(h).

• Judge can reduce most felonies to misdemeanors.

• Misdemeanors, including those reduced, may be dismissed by the Judge.

• Unless applying for position in law enforcement or other government agency or one that requires security clearance, vet may answer “no” to questions regarding arrest and conviction as related to the dismissed case.

• Can be considered a prior with new criminal act.

Exclusionary Criteria

• Active confidential informant

• PC290 Registrant (Sex Offender)

• PC457.1 Registrant (Arson)

• Admissions of PC186.22 allegation

• Felony holds, detainers, or warrants by another jurisdiction, or interstate case.

• Commission of any crime (including the current one) wherein the victim suffered death or a permanent disfigurement pursuant to PC203.

VTC Program Basics• Three phased program, with aftercare component following

graduation, with therapeutic/legal/social focus toward independence.

• Most plea agreements include legal incentives upon completion or at phase intervals as legally permitted.

• Intensive probation monitoring with high risk probation expectations. Frequent home visits/4th waiver searches, office appointments, Court hearings.

• Dynamic individualized treatment plan (16-24 months)• Felonies/misdemeanors (all on formal probation)• Drug/alcohol testing as required.• Most participants complete residential or outpatient treatment

program, individual and group counseling, and many other types of therapies through VA, Vet Centers, Choice Program, and other community providers.

Review of Program Phases• Phase I (4-6 months on average)

▫ Goal: Demonstrating Accountability

• Phase II (4-6 months on average); Completes Giveback Project during this phase▫ Goal: Demonstrating Responsibility

• Phase III (4-6 months on average). Graduates VTC upon completion.▫ Goal: Demonstrating Independence and Productivity

• Aftercare Phase (3-6 months on average). PC1170.9(h) motion takes place at the completion of aftercare, thus terminating probation and all VTC requirements.

Review HearingsParticipants frequently appear before the Court for status checks:

• Phase 1: Every 1-2 weeks

• Phase 2: Every 3-4 weeks or less, if needed

• Phase 3: Every 4-5 weeks or less, if needed

Participants appear in Court more frequently if they are out of compliance.

Grounds for Termination• Substitute/alter bodily fluids at drug test• Positive drug and/or alcohol tests or failure(s) to

appear for testing• Forged meeting documents• Walking away/discharging from residential• Possession of drugs, drug paraphernalia, weapons• Threats of violence towards others• Threat to community safety• Absconding from the program for longer than 90

days• Commission of a new crime

Probation Terms and ConditionsPer Participant Handbook:

“You will have certain things that you must do as part of your original sentence that are separate and apart from VTC program requirements and rules. These are called probation terms and conditions. Entry into VTC is voluntary but will require that you enter a guilty plea, be placed on formal probation and be referred to the VTC for probation monitoring and treatment. Every VTC participant is placed on formal probation during their time in VTC, regardless of whether they have a felony or a misdemeanor conviction. Formal probation supervision can include random drug/alcohol testing, regular appointments with your assigned P.O., and unannounced home visits, during which both you, your property, and your place of residence are subject to search as the law permits.”

Probation Terms and ConditionsContinued from Participant Handbook:

“Your defense counsel can answer any questions you have regarding your status on probation and your rights under the law. If you have been issued an order to stay away from a specified place or person as part of your court case, these orders will remain in effect until the VTC Judge tells you they are removed. If you have been ordered to only have peaceful contact with someone, you must also comply with that order. Discuss your probation terms and conditions with your defense counsel to make sure you understand your probation status during your VTC program. If you violate any terms of your probation, the VTC Judge can find you in violation and impose a sentence as well as terminate you from the VTC program.”

Drug/Alcohol Testing

• CPAC with or without Soberlink feature.• SCRAM bracelet for alcohol monitoring• SCRAM remote testing device• SCRAM drug patch• “Sentry” testing program at the five adult supervision

offices, as VTC is a countywide program. P.O. is assigned to South Bay Probation Office, but the majority of probationers on caseload reside in areas near other Probation offices.

• Random drug tests in office and in field by Probation• Random drug tests in treatment programs

Overview of Probation Office Appointments

Overview of Probation Home Visits

Overview of other field visits

• Court

• Treatment

• CPAC

• Work

• School

Incentives- Earning Them and Losing Them (Discussion in Participant Handbook)

“Working hard and getting the most out of your treatment program may yield legal incentives upon completion of your phases. On some occasions, sucessful completion of your VTC program may even result in having the charges dismissed and terminated of probation. Restorative relief is a possibility pursuant to PC1170.9(h); however, full restoration for all charges is not available to everyone. Your incentives will be detailed in your plea agreement generally. Withdrawal or discharge from the program prior to completion will not constitute in itself a violation of your probation, although any criminal conduct or technical probation violations that causes your discharge could be deemed a probation violation. As long as you are in good standing in the VTC program, normally withdrawal or discharge prior to VTC program completion will result in the imposition of your sentence (without the VTC incentives).”

Incentives(Discussion in Participant Handbook)

“If you are in compliance during the program, VTC Judge may recognize your positive progress incentives such as the following:

▫ Legal incentives per your plea agreement

▫ Verbal recognition from the Judge/VTC team

▫ Travel privileges out of the county

▫ Removing or relaxing terms of supervision

▫ Advancement to next phase

▫ Fewer Court appearances

▫ Fun sober events

▫ Reduce some felonies to misdemeanors

▫ Dismissal of charges

▫ Recognition ceremony”

Sanctions (Discussion in Participant Handbook)

“If you are out of compliance, the VTC Judge may impose one or more of the following:• Admonishment from the Judge• Write an essay and submit to team• Increased frequency of chemical testing• Increased frequency of Court appearances• Increased probation appointments• Increased home visits• Demotion to an earlier program phase• Community service or work projects• Lengthen time in program• Incarceration”

Three Simple Rules

• 1. Give your recovery your very best effort.

• 2. Show up and be open to help from others.

• 3. Be honest about what’s going on with you.

Importance of Balanced Approach and Trauma Informed Care

• Discussion of:▫ PTS

▫ TBI

▫ MST

▫ Depression

▫ Anxiety

▫ Substance Abuse

▫ Suicidal ideations

▫ Combat exposure

▫ Other mental health issues

Other Military and Veteran Issues• Deployment(s), reunion, reintegration, “battle mind,”

physical injuries

• Typically use/misuse alcohol and prescription drugs more than illicit substances

• High level of homelessness prior to entering VTC

• Respond to structure

• Seek camaraderie

• Feel shame for criminal justice involvement

• Frequently possess and have experience with firearms

• Many find it difficult to transition out of military and face many challenges

Community Providers Frequently Utilized in San Diego County

• Veterans Village San Diego (VVSD)

• Aspire Center

• VAMC, La Jolla (and outpatient clinics)

• Vet Centers

Vet Mod at Vista Detention Facility, San Diego County

• The Veterans Moving Forward Program- VDF in collaboration with VA (VTC works closely with this program)

• Located at Vista Detention Facility- two housing modules with 32 beds each

• Opened on 11/01/13; assigned to module on voluntary basis.

• Dedicated to assisting our incarcerated veterans by providing them the necessary in-custody programs, services and community resources to reduce their rate of recidivism. Participants are expected to demonstrate positive actions and work proactively toward their own success. Participants are required to participate in all assessments and all programming. The vet mod comes with privileges and incentives not available in standard housing units and, therefore, compliance with facility rules and regulations is required.

• Participants can expect significant involvement from Correctional Counselors, VA Social Workers, and Sheriff’s sworn staff in the day to day operation of the module and programs to facilitate participant goals.

Vet Mod

TRUST

My role in helping the participants restore trust.

Questions?

Thank you for helping to build stronger communities and restoring those veterans who served our nation.

Perspective of San Diego County’s VTC Probation Officer: Working with the vets

in the office, at their residences, in Court, and in treatment

Jennifer McIntyre

Senior Probation Officer

San Diego County Probation Department