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Indianapolis VeteransCourt

Hal Johnston

Lieutenant Colonel (Ret.)

US Navy Aviation Officers Candidate School

Fighter Squadron One

USS Ranger CV-61

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US Army Airborne SchoolFort Benning, Georgia

76th Infantry Brigade, INARNGAfghanistan 2004-2005

76th Infantry Brigade Iraq- Sunni Triangle

2008

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Combined Team Uruzgan76th IBCT

Afghanistan 2012

Bureau of Justice Statistics (2000)

• 81% of all justice-involved Veterans had a substance abuse problem prior to incarceration

• 35% identified as suffering from alcohol dependency

• 23% identified as homeless at some point in the prior year

• 25% identified as mentally ill

Bureau of Justice Statistics (2007)

Veterans in the US Criminal Justice System

• Probation 399,300

• Parole and Supervised Release 75,000

• Local Jail 72,600

• State Prison 136,800

• Federal Prison 19,300

• Total Correctional Setting 703,000

• Total Veterans Arrested 1,159,500

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How Extensive is the Danger?

• 23,440,000 Veterans in the United States (source: U.S. Department of Veterans’ Affairs)

• 1.7 million Veterans of Iraq and Afghanistan (source: Iraq and Afghanistan Veterans of America)

• 1 in 5 Veterans reports symptoms of mental disorder (source: RAND Center for Military and Policy Research)

• 1.8 million Veterans met criteria for substance abuse disorder in 2006 (source: Substance Abuse and Mental Health Services Administration)

• 476,000 veterans live in Indiana permanently

Why help veterans?

Veterans write blank checks, up to

and including their lives.

Veterans Court repays some of the

veteran’s investment.

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• Approximately 70% of veterans serve in guard & reserve forces

• Although 19th in population, Indiana has the 4th largest Army Guard in the country

• Adding Air Guard makes ours the 6th largest Guard in the country

Warrior Illness

• Post Traumatic Stress Disorder (PTSD)

• Traumatic Brain Injury (TBI)

• Depression

• Anxiety

• Alcohol and Substance Abuse

• VA estimates 1/3 of separating

service members suffer from

TBI, PTSD, or depression.

• VA estimates 22 veterans commit suicide each day

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Sources of PTSD or TBI• Blast injuries –Improvised Explosive Device (IED)–Rocket Propelled Grenade (RPG)–Mortars

• Impact Injuries–Motor vehicle accidents–Falls–Bullets

Community Mental Health Journal

• First published study on Vet Court from Ohio’s Dept. of Mental Health & Addiction Services tracked 86 veterans, all with PTSD. 89.5% were not arrested during the program.

• Veterans also found significant improvement with depression, PTSD and substance abuse and housing, emotional well being, relationships & overall functioning.

• Mentoring by volunteer veterans is particularly effective. Vets experienced better clinical outcomes and reported feeling more socially connected.

Problem Solving Courts

• IC 33-23-16 "Problem solving court“- As used in this chapter, "problem solving court" means a court providing a process for immediate and highly structured judicial intervention for eligible individuals that incorporates the following problem solving concepts: – (1) Enhanced information to improve decision making.– (2) Engaging the community to assist with problem solving. – (3) Collaboration with social service providers and other

stakeholders. – (4) Linking participants with community services based on risk

and needs. – (5) Participant accountability. – (6) Evaluating the effectiveness of operations continuously.

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Kinds of Problem Solving Courts

• IC 33-26-16-11 Establishment of a problem solving court- A city court or county court may establish a problem solving court. A problem solving court established under this section may be a: – (1) drug court; – (2) mental health court; – (3) family dependency drug court; – (4) community court; – (5) reentry court; – (6) domestic violence court; – (7) veteran's court; or – (8) any other court certified as a problem solving court by the

Indiana judicial center under section 17 of this chapter.

Services Available in Courts

• IC 33-23-16-20 Services provided by a problem solving court-– (a) A problem solving court may provide the following services to

individuals participating in problem solving court programs: (1) Screening for eligibility and other appropriate services. (2) Assessment. (3) Education. (4) Referral. (5) Service coordination and case management. (6) Supervision. (7) Judicial involvement. (8) Program evaluation. (9) Rehabilitative services.

– (b) A problem solving court may not provide direct treatment services unless: (1) the problem solving court is certified by the division of mental health and addiction under IC 12-23-1-6; (2) the problem solving court uses licensed medical professionals who provide mental health treatment to individuals with psychiatric disorders; and (3) the court that establishes the problem solving court determines that existing community resources are inadequate to respond satisfactorily to the demand for services from the court.

Deferred Prosecution

• IC 33-23-16-14 Deferred prosecution

– (a) A court, without entering a judgment of conviction, may defer proceedings against an individual and place the individual in a problem solving court program under this section only if: (1) the individual meets the conditions for eligibility…(2) the individual pleads guilty and consents to the referral; and (3) the judge of the problem solving court, the prosecuting attorney, and the individual all agree upon certain conditions for the individual's participation…and on the duration of those conditions.

– (b) When an individual's participation in a problem solving court program under this section has been terminated…the problem solving court shall: (1) enter a judgment of conviction against the individual; (2) refer the individual's case back to the court that referred the case to the problem solving court…or (3) otherwise dispose of the case.

– (c) If an individual fulfills the conditions established by a problem solving court…the problem solving court shall: (1) dismiss the charges against the individual; (2) refer the individual's case back to the court that referred the case to the problem solving court…or (3) otherwise dispose of the case.

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Problem Solving Courts Funding

• IC 33-23-16-22 Funding of problem solving courts-– (a) The costs of a problem solving court may, at the discretion of

the fiscal body of the unit, be supplemented out of the city general fund or the county general fund and may be further supplemented by payment from the user fee fund upon appropriation made under IC 33-37-8.

– (b) A problem solving court may apply for and receive the following: (1) Gifts, bequests, and donations from private sources. (2) Grants and contract money from governmental sources. (3) Other forms of financial assistance approved by the court to supplement the problem solving court's budget.

– {Certified problem solving courts may also assess fees set by local rule of the court.}

How do we help veterans?

Veterans Courts Help Veterans

• Solve problems that led to court involvement

• Gain tools to lead a law-abiding and productive life

• Receive a reduced penalty while avoiding future crimes

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Veterans Courts

• IC 33-23-16-10 "Veterans' court"- As used in this chapter, "veterans' court" means a problem solving court focused on addressing the needs of veterans in the court system by: (1) bringing together substance abuse rehabilitation professionals, mental health professionals, local social programs, and intensive judicial monitoring; and (2) linking eligible veterans to individually tailored programs or services.

10 Key Components for Vet Court(adapted from Drug Courts)

• Integrate alcohol and drug treatment with justice system case processing

• Use non-adversarial approach, which allows prosecution and defense counsel to promote public safety while protecting due process rights

• Identify eligible participants early and promptly placing them in the drug court program

• Allow drug courts to provide access to a continuum of alcohol-, drug-, and other related treatment and rehabilitation services

• Monitor abstinence by frequent alcohol and drug testing

10 Key Components (continued)

• Design a coordinated strategy that governs drug court responses to participants’ compliance

• Allow essential ongoing judicial interaction with each drug court participant

• Monitor and evaluate program achievement to measure goals and to gauge effectiveness

• Continue interdisciplinary education to promote effective drug court planning, implementation, and operation

• Forge partnerships among drug courts, public agencies, and community-based organizations

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How Does Vet Court Work?

• Non-adversarial process

• Collaborative approach

• Individually customized screening and assessment

• Eligibility requirements help identify appropriate candidates

• Referrals to treatment

Getting Started

• Identify court involved veterans

• Develop partnerships

• Establish team

• Create plan

• Community outreach

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Inmate Tracking

• What branch of service?

• Has veteran received services at the VA?

• When did veteran first enter armed forces?

• When discharged?

Inmate tracking

• Length of service?

•What type of discharge?

•Does veteran want to learn more about Vet Treatment Court?

Develop Partnerships

• Veterans Administration

• Law enforcement

• Prosecutors and Defense

• Community Corrections

• Public and Private partners

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Establish Team• Contact your VA/VJO• How can veterans access

treatment in your community?• What does each partner bring?• Contact National Association of

Drug Court Professionals, www.NADCP.org

IVC Team Members

• Court Coordinator

• Prosecutor

• Public Defender/Private Counsel

• Probation/Community Corrections

• Veterans Administration

• Mentors

• Other partner agencies

Create a Plan

• Mission, Objective, Goals

• Eligibility criteria

• Operating procedures

• Necessary for certification and funding opportunities

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IVC Mission

To support veterans involved in the court system to lead a productive and law-abiding civilian lifestyle.

IVC Goals

• Stop criminal activity

• Help veterans reintegrate into civilian life and manage their care

• Reinforce personal responsibility and accountability

• Save cost of incarceration and treatment

IVC Objectives• Encourage veterans’ treatment

• Help veterans obtain stable housing

• Assist veterans to improve academic or vocational skills

• Support veterans in maintaining employment

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IVC Eligibility Criteria

• Male or female

• Current or prior U.S. military service

• Voluntary program compliance

• No BCD/DD military discharge

• IRAS high to moderate risk or need

Community Outreach

• Share your vision with:

–Veterans organizations

–Community groups helping veterans

–Law enforcement

–Defense bar

Benefits of the IVC

• Improve public safety

• Decrease crime rate

• Reduce recidivism by offender

• Save costs of incarceration

• Preserve community treatment resources

• Pay a debt we owe as a nation

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Unique Components

• Court comprised entirely of veterans with unique, war-related illnesses

• Collaborative effort with VA and other professionals

• Peer support of veteran mentors• Accountability for treatment &

conduct

Why Indy Vet Court?

• 124,926 veterans living in central Indiana– Marion 62,542 (starting court)– Hamilton 17,110 (starting court)– Hendricks 13,347 (planning court)– Johnson 11,865 (Greenwood)– Morgan 6,645– Hancock 5,920– Boone 3,790– Shelby 3,707

Why Indy Vet Court?

• Study of arrestees in Marion County from 1 June to 15 July 2014 found 159 veterans arrested for low-level offenses

• About 1,375 qualifying veterans arrested

• Marion County has many visitors and transients who get arrested

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Indy Vet Court-Start up

• Worked for three years to identify funds

• Secured Bureau of Justice Assistance grant targeted to drug courts for start-up

• 3 year grant for $320,000

• Pays for Veteran Mentor Coordinator, training, supplies, treatment

• VFW flags, DAV van, volunteer mentors

Indy Vet Court-Process

• Identify veterans at point of arrest: “Have you ever served in the military?

• Recruit candidates from criminal courts

• Enroll candidates with VA

• Refer qualified candidates to Vet Court

• Reward veterans who finish program

Indy Vet Court-Candidates

• No prior crime of violence- IC 35-50-1-2 (murder, manslaughter, rape, kidnap, robbery, burglary, aggravated battery)

• No dealing drugs, crimes with firearms

• No open warrants, not on parole

• No sex offenses or stalking

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Indy Vet Court-Candidates

• Prior military service & enrolled with VA

• Willing to cooperate & complete program

• Misdemeanors and Level 6 felonies

• Victim agrees program is appropriate

• No OVWI (unless on Probation)

• Exceptions may be granted by Prosecutor

Indy Vet Court-Typical Offenses

• Disorderly Conduct

• Public Intoxication

• Criminal Trespass

• Theft

• Resisting Law Enforcement

• Criminal Mischief

• Drug Possession

Indy Vet Court-Process

• Court Coordinator Hal Johnston receives referrals (317-327-1023, harold.johnston@indy.gov)

• VA screens and enrolls veteran

• IVC team approves veterans

• Veteran pleads guilty, waives confidentiality, agrees to continue treatment

• Conviction withheld pending participation

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Indy Vet Court-Process

• IVC completes IRAS

• Coordinator matches vet with mentor

• Vet begins 4 phases of IVC program

• Distinct processes for bad judgment vs. addiction and treatment

• 9-12 months program for misdemeanor, 12-18 months for felony

Indy Vet Court-Process

• Phase 1: (1 month) Weekly court, home visit by Probation, no arrests, medication compliance, VA & VBA, mentor matched, drug tests

• Phase 2: (2 months) Court bi-weekly, treatment compliance, drug tests, 30 days clean, no arrests, Probation appointments

• Phase 3: (5 months) Court every 3rd week, clean 90 more days, drug tests, no arrests, progress toward goals (housing, work, child support)

• Phase 4: (1 month) No arrests, exit interview, drug tests, pro-social activity (coach, volunteer, etc.), dismiss charges & graduate

Indy Vet Court-Goals

• Enroll 180 vets per year, or 15 per month

• Achieve 85% retention & graduation

• Refer 100% of vets to VA and VBA

• Promote 50% at minimum intervals

• Achieve <10% new arrest within 1 year of graduation

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“Lautenberg Amendment”

“Gun Ban for Individuals Convicted of a Misdemeanor Crime of Domestic Violence”, 18 U.S.C. § 922(g)(9)

(g) It shall be unlawful for any person—(1) who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;(2) who is a fugitive from justice;(3) who is an unlawful user of or addicted to any controlled substance (as defined in 21 U.S.C. 802;(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;…(6) who has been discharged from the Armed Forces under dishonorable conditions;…

Veterans needour help

To locate veterans’ care facilities near

you, go to:

ww2.va.gov/directory/guide/allstate.asp

Indianapolis Veterans Court

“Restoring Heroes, Restoring Honor”

Judge Dave Certo

(317) 327-4479

DCerto@Indy.gov