Veterans Treatment Courts: Lessons Learned

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BJA Drug Court Technical Assistance Project Veterans Treatment Courts: Lessons Learned Wednesday, June 1, 2016 1:15pm 2:30pm Moderators: Panelists: Kerwin Henderson & Kevin Stewart Hon. Robert Russell Buffalo, NY Hon. Pamela Woodcock-Pfeiffer- Warwick, RI Hon. Ronald Ibarra- Kealakekua, HI Hon. Mark Johnson- Riverside, CA Jack O Connor- Buffalo, NY Major Evan Seamone- Mississippi College School of Law

2 Hon. Robert Russell, Buffalo, NY: Buffalo Veterans Treatment Court Veterans court movement- How have programs evolved? Role of the Judge Team leader, counselor, mentor, etc. Data collection- Buffalo MIS Challenges, successes, and potential areas of improvement

3 Hon. Pamela Woodcock-Pfeiffer, Warwick, RI: Rhode Island Veterans Treatment Court Role of the Judge Team leader, counselor, mentor, etc. Recent news article on the success of RI Veterans Treatment Courts How are VTCs evolving/developing in RI? Challenges, successes, and potential areas of improvement

4 Hon. Ronald Ibarra, Kealakekua, HI: Big Island Veterans Treatment Court Role of the Judge Team leader, counselor, mentor, etc. Specific issues developing veterans court on the Big Island (Hawaii) Challenges, successes, and potential areas of improvement

5 Hon. Mark Johnson, Riverside, CA: Riverside Veterans Treatment Court Role of the Judge Military background and understanding of the culture Credibility with the veterans, partners, community Successes Recidivism rate 14% Affiliated programs Areas for improvement Need to address related civil problem Family services

Veterans Court Ruck March, May 2015 6

Park Project Riverside, CA 7

Graduation - August 1, 2014 8

9 Jack O Connor, Buffalo, NY: Buffalo Veterans Treatment Court Role of the Mentor Coordinator Role of the Mentor What makes a good mentor? A mentor is not a Banker, Counselor, Priest, or Lawyer What is your experience training mentors around the country? Having 1 mentee is very different than having 2 or 3 mentees Develop a resource list. Don t try to do everything yourself Recruiting Mentors

10 Veterans Treatment Court Issues at the Tip of the Spear Evan R. Seamone, LL.M., J.D., M.P.P. Professor, Mississippi College School of Law Major, US Army Reserve In His Personal Capacity Trauma-Informed Practice Less-than-Honorable Discharges Purpose-Driven Jail and Prison Dorms Veteran Sex Offenders and Reentry Courts June 1, 2016

11 Biography for Evan R. Seamone Evan R. Seamone is a Professor and Director of the Legal Writing Program at Mississippi College School of Law. He serves as Major in the United States Army Reserve with duty as a Senior Defense Counsel. During his tours in Iraq, Germany, and at domestic military installations, he participated in sexual assault, complex death penalty, and other felony criminal cases involving PTSD as a prosecutor and defense attorney. Professor Seamone has written extensively about treatment-based sentencing alternatives in military courts-martial and the use of civilian Veterans Treatment and Mental Health Problem-Solving Courts by military organizations and commanders. He is actively involved in the development of a standardized curriculum to assist family court judges in better understanding the unique needs of military families. Professor Seamone is a member of the Bar of the U.S. Supreme Court, the District of Columbia Court of Appeals, the U.S. Court of Appeals for the Armed Forces, and the U.S. Court of Appeals for Veterans Claims.

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13 Trauma-Informed Practice Within a Veterans Treatment Court Setting, Five Hallmarks of Veteran-Specific Trauma- Informed Practice Include: 1 Identification of Various forms of Military Trauma Experienced by the Individual Veteran 2 Appreciation for Cumulative Traumatic Events During the Participant s Life Course 3 4 5 Development of Litigation-Related Trigger Awareness Plans Implementation of Psychological First Aid Techniques to Deescalate Stress Reactions Prior to and During the Veterans Treatment Court Docket Recognition of the Second Tour Response to Justice Involvement and Basic Training in How to be a Civilian Hamilton Cty. Ohio

14 Purpose-Driven Jail and Prison Dorms Veterans Dorms represent a counterpart to Veterans Treatment Courts and can address the needs of Veterans who are not eligible for diversion. 24 States in Total 14 States: Prison Programs 16 States: Jail Programs 2 States: Federal Institutions 7 States: Jail and Prison Programs 1 State: Jail, Prison, and Federal 9 States: Jail and No Prison 6 States: Prison and No Jail Information current as of May 5, 2016. Based upon responses to an informal survey by the Veterans Health Administration and research by Evan R. Seamone.

15 Less-than-Honorable Discharges Within Veterans Treatment Court Settings, four considerations should assist in working with this population: 1 Integration of a Veterans Claims Officer from local Veterans Services Organizations will assist in identifying the best avenues to obtain benefits for Less Than Honorably discharged former service members. 2 3 4 Although Bad Paper may result in denial of benefits, for Other Than Honorable/Undesirable and Bad-Conduct Discharges, the VA needs to conduct a Character of Service Determination to determine eligibility. Discharge Upgrading is an entirely separate process from VA Character of Service Determinations. The Services have Electronic Reading Rooms to View Outcomes of Attempts to Upgrade Discharges (where Board of Military and Naval Corrections Decisions have precedential weight) Consider Vet Centers, Give an Hour, State Departments of Veterans Affairs, Faith- Based Organizations, and Universities to provide interim treatment and support.

16 Veteran Sex Offenders Despite the overwhelming lack of diversionary options for veteran sex offenders, veterans are overrepresented among violent sex offenders in U.S. prisons and jails, raising the need for methods to reduce recidivism. 1 2 3 4 The Bureau of Justice Statistics has consistently reported that 10% or more veterans are incarcerated for violent sex offenses than civilians, sometimes at two times the number of civilian offenders. Combat trauma sometimes contributes to veteran sex offending, such as acts perpetrated in dissociative states, which is not part of the standard correctional approach to the treatment of sex offenders. Despite their convictions, most veteran sex offenders are eligible for VA benefits, which can help them mitigate collateral consequences of conviction unlike nonveteran sex offenders. Rather than a diversionary approach, veteran sex offenders may be handled most efficiently and effectively through Veterans Reentry Court dockets, similar to the two operating in the Federal Districts of Pittsburgh, PA, and Salt Lake City, UT.

17 17 Questions for Panelists?

THANK YOU! 18