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Veterans’ Treatment Courts and the Criminal Justice System
By Bradley J. Schaffer, LMSW, BCD

U.S. military veterans have experienced myriad problems such as substance abuse, driving under the influence (DUI), unemployment, assaults, intimate partner violence, family conflicts, child support arrears, homeless episodes, mental illness, suicides, posttraumatic stress disorder (PTSD), traumatic brain injury and a multitude of medical conditions. The aggregate of their problems reported in studies and statistics indicate the timeliness and the urgency of veterans’ treatment courts (VTCs), diversion programs, and enhanced VA department and criminal justice system interface as we face growing rates of criminal activity involving veterans.

Returning veterans with legal issues are impacting states, counties, and communities nationwide. Most veterans are usually first-time offenders and honorably discharged (Noonan, 2004). Recent U.S. Department of Labor unemployment statistics from 2009 revealed that veterans have triple the unemployment rate than that of nonveterans. Another study (Wortzel, 2009) shows that veterans in jail and prisons face an increased risk of suicide.

In 2008, a study by the RAND Corporation found that about one fifth, or 300,000, of the more than 1.6 million U.S. troops witnessed combat action and reported symptoms of PTSD and depression. Many of those veterans did not seek treatment, the study found. The ongoing Operation Iraqi Freedom/Operation Enduring Freedom (OIF/OEF) wars have yielded many veterans who return from war with multiple problems. The war’s unpopularity has resulted in enlistment standards being relaxed over the past few years to allow the recruitment of those with a criminal record. This is commonly referred to as the moral waiver process. Like the veterans of the Vietnam War, many veterans encounter the criminal justice system preservice, postdeployment, or postdischarge and need a treatment alternative vs. incarceration when applicable and as sanctioned by the judicial system.

VTC Overview
VTCs are a growing therapeutic jurisprudent approach within county court systems across the country. This new judicial approach is challenging the traditional role of judges, courts, corrections counselors, wardens, county sheriffs, state police, probation officers, police chiefs, police officers, and VA social workers and creating unique collaborations, diversion alternatives, and sanctions. These courts are a special docket within the court system that target veterans charged with nonviolent felony offenses. They are similar to mental health, drug, and DUI courts. All parties are collaborating in this effort to address the needs of military veterans who turn to various crimes in the aftermath of military service and are ready, willing, and able to abide by the court sanctions and make the necessary changes in their lives.

The need for intervention, services, and treatment related to veterans’ military service has drastically increased in the last several years, especially with the impact of the OIF/OEF wars amid a turbulent economy. The need is there based on the occurrence of combat PTSD, noncombat PTSD (military sexual trauma), economic hardships, substance abuse, domestic violence, and readjustment among veterans. Most of these veterans are generally law abiding, but their problems contribute to criminal behavior.

Where Are the VTCs?
In 2008, the first VTC was started in Buffalo, NY, by Judge Robert Russell. Since then, VTCs have opened in Orange and Santa Clara counties in California; Tulsa, OK; Rochester, NY; Anchorage, AK; Tarrant County, TX; Pittsburgh; Philadelphia; and Scranton, PA, and the trend continues. These jurisdictions are encountering 100 to 150 veterans per month. Generally, the key ingredients of these VTCs are as follows:

• local county courts, police, pretrial, jails, and/or magistrate jurisdiction;
• a reliable mechanism to verify a veteran’s status;
• a court liaison to interface with the VA;
• development and implementation through a partnership among the court system, corrections, police, VA, and other advocate parties;
• treatment, mentoring, monitoring, advocacy, and support; and
• an availability to all veterans from all periods of service.*

How Do VTCs Differ From Traditional Courts?
In traditional courts, an offender is sentenced if found guilty. Some VTC courts follow the drug court model, and others follow the mental health model. Alternative courts offer qualified participants an opportunity to participate in court-supervised, community-based treatment in lieu of typical criminal sanctions. Some studies on drug courts have shown a lower recidivism rate and cost savings than traditional court approaches. All parties in these courts (e.g., judges, prosecutors, law enforcement, probation officers, substance abuse, therapists, community, advocates, mentors, families) work together toward a holistic outcome that focuses on recovery and support rather than incarceration. 

Some pundits question the necessity of separate VTCs, asking whether there is a connection between veterans’ military service and crime. Other issues raised are whether or not the establishments of VTCs is discriminatory or whether they suggest that veterans are more likely than nonveterans to commit crimes.

Veterans who agree to stay clean and sober, undergo urine screening, and obtain mental health or addiction counseling have a better chance of getting their lives back on track. Generally, court and VA staff members routinely meet with the veterans for case management and monitoring progress. Some court systems assign a mentor or an advisor to support the veteran’s recovery. Once he or she completes the requirements, the veteran’s charges are reduced and cases are dismissed and/or expunged. If they fail to comply, they risk facing their original criminal charges and could be sentenced to jail and/or prison time.

The transition from military to civilian life is challenging, and veterans cope in many different ways regardless of whether they are exposed to combat. Veterans often isolate themselves and turn to substance abuse, domestic violence, assaults, etc. when trying to cope with the trauma of their military experiences. However, not all veterans get into trouble. The court, VA, and military systems are overburdened and lack sufficient resources to meet the needs of those with PTSD, readjustment issues, and other psychosocial problems. As indicated by the VTCs' bench practice and diversion trends, veterans have access to a collective, holistic, multisystem conduit to get their lives back in order. VTCs are viable options that deserve the opportunity to survive and thrive.

For supplemental information, please visit the Veterans Treatment Court Clearinghouse at www.nadcp.org/learn/veterans-treatment-court-clearinghouse and the Pre-Trial Justice Institute at http://www.pretrial.org/specialtopics/pages/veterans.aspx.

*Note: Most jurisdictions focus on nonviolent crimes and a few focus on criminal charges.

— Bradley J. Schaffer, LMSW, BCD, is coordinator of the Veterans Justice Outreach at the Butler VA Medical Center and an adjunct instructor in the California University of Pennsylvania School of Social Work. He has developed particular expertise with incarcerated veterans and reentry, diversion, intimate partner violence, and fatherhood programs for veterans and is currently engaged in developing rural VTCs in Butler and Mercer, PA.

References
Noonan M. E. & Mumola, C. J. (2007). Veterans in state and federal prison, 2004. U.S. Department of Justice Bureau of Justice Statistics Special Report. Retrieved from http://bjs.ojp.usdoj.gov/content/pub/pdf/vsfp04.pdf

Wortzel, H. S., Binswanger, I. A., Anderson, C. A., & Adler, L. E. (2009). Suicide among incarcerated veterans. Journal of the American Academy of Psychiatry and the Law, 37(1), 82-91.