{"id":1251,"title":{"rendered":"Veterans Treatment Courts"},"content":{"rendered":"

\r\nStacey-Rae Simcox\u200a1<\/a>\u200a<\/span><\/sup> This is one measurement of success in the process among many which can include attending all appointments; completing all required therapy; reintegration; etc. \u2014 all of which are hard to actually gather statistics for and study.\u200a10<\/a>\u200a<\/span><\/sup> This saves the courts money allowing them to leverage court-ordered treatment through the VA than through court or state funded programs. Other courts focus on the types of disabilities the veteran suffers and its connection to service.\u200a17<\/a>\u200a<\/span><\/sup><\/p>\n\r\n\n

The failure to have consistent standards in the administration of veterans treatment court dockets across the country has led to some undesirable results. Benjamin Pomerance, Deputy Director for Program Development in the New York State Division of Veterans\u2019 Affairs, notes that without a state statute regarding the nature of these courts, standards can show significant diversion among veterans treatment courts within the same state. He also remarks that the decisions made concerning which veterans should be allowed to participate involves multiple financial, practical, and ethical considerations from which the public should not be left out<\/q> and impede any desire for a system striving for evenhanded justice to which people have equal access.<\/q>\u200a19<\/a>\u200a<\/span><\/sup><\/p>\n\r\n\n

The broad language allowing large numbers of veterans to participate in the veterans treatment court is balanced by giving permissive power to the court (and prosecutor, in cases of pretrial diversion) to allow a defendant\u2019s participation in the veterans treatment court (if it) would be in the interests of justice and of benefit of the defendant and the community.<\/q>\u200a24<\/a>\u200a<\/span><\/sup> The Act requires the judge (and prosecutor) to consider the nature of the offenses charged; the defendant\u2019s previous criminal history and his special circumstances; the defendant\u2019s treatment needs; the impact on the community; law enforcement recommendations; and other circumstances.\u200a25<\/a>\u200a<\/span><\/sup> Additionally, the Act requires the court to consult with the victim of domestic violence specifically and obtain their recommendation concerning participation.\u200a26<\/a>\u200a<\/span><\/sup> These considerations allow courts to exclude veterans who are inappropriate for participation in the veterans treatment court program under a set of documented standards contained within the Act.<\/p>\n\r\n\n

The Act also formalizes portions of the process, recognizing that the informality of a number of veterans treatment courts can be troublesome. It requires that a veteran agree on the record to formally participate in the veterans treatment court program\u200a27<\/a>\u200a<\/span><\/sup> These ten key components are recognized by Justice for Vets as the key components of a veterans treatment court and incorporate the National Association of Drug Court Professionals\u2019 Ten Key Components of Drug Courts. The key components are evidenced-based, scientifically validated principles (and) are industry best practice standards.<\/q>\u200a31<\/a>\u200a<\/span>\u200a31\u200a<\/span>National Conference of Commissioners on Uniform State Laws, Model Veterans Treatment Court Act and Model Veterans Treatment Court Rules, Comment to \u00a7 5<\/cite><\/span> Nadconference.org<\/a>.<\/span><\/sup> These policies and procedures must be written down and provided to the defendant so that he knows both the expectations and his rights in this process.\u200a32<\/a>\u200a<\/span>\u200a32\u200a<\/span>National Conference of Commissioners on Uniform State Laws, Model Veterans Treatment Court Act and Model Veterans Treatment Court Rules<\/span>, Comment to \u00a7 4(a)<\/cite>, Nadconference.org<\/a><\/span>.<\/span><\/sup> The Act is drafted to allow courts to maintain maximum autonomy in their implementation and administration of the guidance provided.\u200a33<\/a>\u200a<\/span>\u200a33\u200a<\/span>National Conference of Commissioners on Uniform State Laws, Model Veterans Treatment Court Act and Model Veterans Treatment Court Rules<\/span>, Comment to \u00a7 5<\/cite>, Nadconference.org<\/a><\/span>.<\/span><\/sup><\/p>\n\r\n\n

The Act was carefully written to allow special attention to be paid to victims of domestic violence whose alleged attackers are participating veterans. Often, spouses and family members are the first (and potentially only) people to feel the brunt of a veteran\u2019s mental health or substance use symptoms. They are also a suffering veteran\u2019s primary emotional and familial support. If these family members are not receiving the services they need, the likelihood they will be able to help the recovering veteran is reduced dramatically. Therefore, the Act requires that victims of domestic abuse perpetrated by a veteran participating in the veterans treatment court be offered referrals to counseling services and be given specific information on how to report the veteran\u2019s non-compliance with the participant agreement.\u200a34<\/a>\u200a<\/span>\u200a34\u200a<\/span>National Conference of Commissioners on Uniform State Laws, Model Veterans Treatment Court Act and Model Veterans Treatment Court Rules<\/span>, Comment to \u00a7 9<\/cite>, Nadconference.org<\/a><\/span>.<\/span><\/sup><\/p>\n\r\n

\r\n<\/a>III. Conclusion\r\n<\/h2>\r\n\n

The Model Veterans Treatment Court Act has already been introduced as a bill in West Virginia and Florida\u200a35<\/a>\u200a<\/span>\u200a35\u200a<\/span>Model Veterans Treatment Court Act<\/cite>, W. Va. House Bill 2389, Section 51, Article 12<\/a> (2018); Court Ordered Treatment Programs<\/cite>, FL CS\/HB 1265 (2019)<\/a>. Model Veterans Treatment Court Act and Model Veterans Treatment Court Rules: Legislative Tracking<\/cite>, Uniform Law Commission<\/a> <\/span>(2019).<\/span><\/sup> and has been discussed and considered by various organizations and conferences.\u200a36<\/a>\u200a<\/span>\u200a36\u200a<\/span>See for example Wounded Warrior Project: Statement for the Record<\/cite>, Veterans.Senate.gov<\/a><\/span> (2017); Stanford University: Veterans Treatment Conference<\/cite>, Stanford Law School<\/a><\/span>.<\/span><\/sup> Additionally, the President signed Public Law 115-240 into law in September 2018 in order to fund more VJO positions for specific placement in veterans treatment court settings.\u200a37<\/a>\u200a<\/span>\u200a37\u200a<\/span>Public Law 115-240, Veterans Treatment Court Improvement Act of 2018<\/a>,<\/span> 115th Congress.<\/span><\/sup> In January 2019, a House Bill was also proposed to provide grants from the Department of Justice to help develop and maintain veterans treatment courts.\u200a38<\/a>\u200a<\/span>\u200a38\u200a<\/span>H.R. 886, Veteran Treatment Court Coordination Act of 2019<\/a>,<\/span> 116th Congress.<\/span><\/sup> The interest of legislatures and other stakeholders in this new area of veterans law is bound to gain momentum as more veterans are sent to serve in conflicts overseas and return home from military service. The courts, advocates, prosecutors and defense counsel involved in the creation, growth, and implementation of these programs are truly pioneers in the greatest sense following in the footsteps of Judge Russell who let common sense and keen observation help guide the legal system into life-changing and groundbreaking directions.<\/p>\n\r\n

Footnotes<\/h2>
\u200a1<\/a>\u200a<\/span>Stacey-Rae Simcox<\/a> is a professor of law and Director of the Veterans Law Institute<\/a> and Veterans Advocacy Clinic at Stetson University College of Law. She is also the reporter for the Uniform Law Commission\u2019s Model Veterans Treatment Court Act. Professor Simcox would like to thank Ashaley Boatwright for his dedication to beginning this special edition of the journal for veterans\u2019 law issues and Victoria Landon for her hard work editing this piece. She would also like to recognize the Uniform Law Commission for its dedication to the issue of veterans treatment courts. Finally, heartfelt gratitude goes out to all of the hard-working mentors and veterans court coordinators helping veterans get fresh starts.<\/div>
\u200a2<\/a>\u200a<\/span>Robert T. Russell, Veterans Treatment Courts<\/cite>, 31 Touro L. Rev. 385, 387<\/a> <\/span>(2015).<\/div>
\u200a3<\/a>\u200a<\/span>Stacey-Rae Simcox, Michelle Mattingly & Isis Marrero, Understanding TBI in Our Nation\u2019s Military and Veterans: Its Occurrence, Identification and Treatment, and Legal Ramifications<\/cite>, 84 UMKC L. Rev. 373, 380<\/a> (2015).<\/div>
\u200a4<\/a>\u200a<\/span>Stacey-Rae Simcox, Leticia Y. Flores, & Mark D. Matthews, Massing Fire on TBI and PTSD: The Importance of Working with Medical and Mental Health Professionals<\/cite>, 1\u20138 Servicemember And Veterans Rights<\/span> \u00a7 8.03 (2017)<\/div>
\u200a5<\/a>\u200a<\/span>Kristine A. Huskey, Reconceptualizing the Crime<\/q> in Veterans Treatment Courts<\/cite>, 27 Fed. Sent. R. 178, 180\u2013182<\/a> <\/span>(2015) (citing numerous studies showing linkage between PTSD and behaviors that may lead to misconduct).<\/div>
\u200a6<\/a>\u200a<\/span>Robert T. Russell, Problem-Solving Court: Veterans Treatment Courts<\/cite>, 31 Touro L. Rev. 385, 387<\/a> <\/span>(2015).<\/div>
\u200a7<\/a>\u200a<\/span>Justice for Vets,<\/span> What\u2019s At Stake<\/cite>, Justiceforvets.org<\/a>;<\/span> Benjamin Pomerance, The Best-Fitting Uniform: Balancing Legislative Standards and Judicial Processes in Veterans Treatment Court<\/cite>, 18 Wyo. L. Rev. 179, 187<\/a><\/span> (2018).<\/div>
\u200a8<\/a>\u200a<\/span>Kristine A. Huskey, Justice for Veterans: Does Theory Matter?<\/cite> 59 Ariz. L. Rev. 697, 706\u2013708<\/a> <\/span>(2017).<\/div>
\u200a9<\/a>\u200a<\/span>Justice for Vets,<\/span> What\u2019s At Stake<\/cite>, Justiceforvets.org<\/a>.<\/span><\/div>
\u200a10<\/a>\u200a<\/span>Julie Marie Baldwin, Veterans Treatment Courts: Studying Dissemination, Implementation, and Impact of Treatment-Oriented Criminal Courts<\/cite>, Univ. of Florida,<\/a> <\/span>143 and Table A\u201346 (2013).<\/div>
\u200a11<\/a>\u200a<\/span>Phillip Carter, Dr. Jason Dempsey, Katherine Kidder, & Amy Schafer, Center for a New American Security, Passing the Baton, A Bipartisan Agenda for the Veteran and Military Community<\/cite>, Cnas.org<\/cite><\/a><\/span> (2015). <\/div>
\u200a12<\/a>\u200a<\/span>Kristine A. Huskey, Justice for Veterans: Does Theory Matter?<\/cite> 59 Ariz. L. Rev. 697, 709<\/a> <\/span>(2017). <\/div>
\u200a13<\/a>\u200a<\/span>US Dept. of Veterans Affairs, PTSD: National PTSD Center, Keeping Veterans with PTSD out of the Justice System<\/cite>, Ptsd.Va.gov<\/a>;<\/span> Benjamin Pomerance, The Best-Fitting Uniform: Balancing Legislative Standards and Judicial Processes in Veterans Treatment Courts<\/cite>, 18 Wyo. L. Rev. 179, 187<\/a> <\/span>(2018).<\/div>
\u200a14<\/a>\u200a<\/span>Kierra Zoellick, The Role of Veterans Justice Outreach Specialists in Veterans Treatment Courts<\/cite>, 1 Am. U. School of Pub. Affairs<\/a> <\/span>(2016),<\/div>
\u200a15<\/a>\u200a<\/span>Kristine A. Huskey, Justice for Veterans: Does Theory Matter?<\/cite> 59 Ariz. L. Rev. 697, 709<\/a> <\/span>(2017).<\/div>
\u200a16<\/a>\u200a<\/span>National Conference of Commissioners on Uniform State Laws, Model Veterans Treatment Court Act and Model Veterans Treatment Court Rules<\/span>, Comment to \u00a7 2<\/cite>, Nadconference.org<\/a>.<\/span> See also for example Fla. Stat. \u00a7 1.01(14)<\/a>, 730 ILCS 167\/10<\/a>,<\/span> Miss. Code Ann. \u00a7 9\u201325\u20131<\/a>.<\/span><\/div>
\u200a17<\/a>\u200a<\/span>See for example Fla. Stat. \u00a7 394.47891<\/a>, MCLS \u00a7 600.1204<\/a>, Nev. Rev. Stat. Ann. \u00a7 176A.285<\/a>, Tex. Gov\u2019t Code \u00a7 124.002 <\/a> <\/span>(2018).<\/div>
\u200a18<\/a>\u200a<\/span>See for example O.C.G.A. \u00a7 15\u20131\u201317(b)(3)<\/a>, 730 ILCS 167\/20<\/a>, La. R.S. \u00a7 14:2<\/a>; La. R.S. \u00a7 13:5366<\/a>.<\/span><\/div>
\u200a19<\/a>\u200a<\/span>Benjamin Pomerance, The Best-Fitting Uniform: Balancing Legislative Standards and Judicial Processes in Veterans Treatment Courts<\/cite>, 18 Wyo. L. Rev. 179, 187, 202, 208<\/a><\/span> (2018).<\/div>
\u200a20<\/a>\u200a<\/span>Benjamin Pomerance, The Best-Fitting Uniform: Balancing Legislative Standards and Judicial Processes in Veterans Treatment Courts<\/cite>, 18 Wyo. L. Rev. 179, 187, 202, 208<\/a> <\/span>(2018).<\/div>
\u200a21<\/a>\u200a<\/span>Uniform Law Commission, A Few Facts About the Model Veterans Treatment Court Act and Model Veterans Treatment Court Rules<\/cite>, Uniformlaws.org<\/a><\/span> (2017). <\/div>
\u200a22<\/a>\u200a<\/span>Uniform Law Commission, A Few Facts About the Model Veterans Treatment Court Act and Model Veterans Treatment Court Rules<\/cite>, Uniformlaws.org<\/a><\/span> (2017).<\/div>
\u200a23<\/a>\u200a<\/span>National Conference of Commissioners on Uniform State Laws, Model Veterans Treatment Court Act and Model Veterans Treatment Court Rules<\/span>, Comment to \u00a7\u00a7 2 and 7<\/cite>, Nadconference.org<\/a>.<\/span><\/div>
\u200a24<\/a>\u200a<\/span>National Conference of Commissioners on Uniform State Laws, Model Veterans Treatment Court Act and Model Veterans Treatment Court Rules<\/span>, Comment to \u00a7 7(a)(3)<\/cite>, Nadconference.org<\/a>.<\/span><\/div>
\u200a25<\/a>\u200a<\/span>National Conference of Commissioners on Uniform State Laws, Model Veterans Treatment Court Act and Model Veterans Treatment Court Rules<\/span>, Comment to \u00a7 7(b)<\/cite>, Nadconference.org<\/a>.<\/span><\/div>
\u200a26<\/a>\u200a<\/span>National Conference of Commissioners on Uniform State Laws, Model Veterans Treatment Court Act and Model Veterans Treatment Court Rules<\/span>, Comment to \u00a7 7(b)(8) and (c)<\/cite>, Nadconference.org<\/a>.<\/span><\/div>
\u200a27<\/a>\u200a<\/span>National Conference of Commissioners on Uniform State Laws, Model Veterans Treatment Court Act and Model Veterans Treatment Court Rules<\/span>, Comment to \u00a7 7(a)(2)<\/cite>, Nadconference.org<\/a><\/span>.<\/div>
\u200a28<\/a>\u200a<\/span>National Conference of Commissioners on Uniform State Laws, Model Veterans Treatment Court Act and Model Veterans Treatment Court Rules<\/span>, Comment to \u00a7 8<\/cite>, Nadconference.org<\/a><\/span>.<\/div>
\u200a29<\/a>\u200a<\/span>National Conference of Commissioners on Uniform State Laws, Model Veterans Treatment Court Act and Model Veterans Treatment Court Rules<\/span>, Comment to \u00a7 10<\/cite>, Nadconference.org<\/a><\/span>.<\/div>
\u200a30<\/a>\u200a<\/span>National Conference of Commissioners on Uniform State Laws, Model Veterans Treatment Court Act and Model Veterans Treatment Court Rules<\/span>, Comment to \u00a7 5(a)<\/cite>, Nadconference.org<\/a>.<\/span><\/div>
\u200a31<\/a>\u200a<\/span>National Conference of Commissioners on Uniform State Laws, Model Veterans Treatment Court Act and Model Veterans Treatment Court Rules, Comment to \u00a7 5<\/cite><\/span> Nadconference.org<\/a>.<\/div>
\u200a32<\/a>\u200a<\/span>National Conference of Commissioners on Uniform State Laws, Model Veterans Treatment Court Act and Model Veterans Treatment Court Rules<\/span>, Comment to \u00a7 4(a)<\/cite>, Nadconference.org<\/a><\/span>.<\/div>
\u200a33<\/a>\u200a<\/span>National Conference of Commissioners on Uniform State Laws, Model Veterans Treatment Court Act and Model Veterans Treatment Court Rules<\/span>, Comment to \u00a7 5<\/cite>, Nadconference.org<\/a><\/span>.<\/div>
\u200a34<\/a>\u200a<\/span>National Conference of Commissioners on Uniform State Laws, Model Veterans Treatment Court Act and Model Veterans Treatment Court Rules<\/span>, Comment to \u00a7 9<\/cite>, Nadconference.org<\/a><\/span>.<\/div>
\u200a35<\/a>\u200a<\/span>Model Veterans Treatment Court Act<\/cite>, W. Va. House Bill 2389, Section 51, Article 12<\/a> (2018); Court Ordered Treatment Programs<\/cite>, FL CS\/HB 1265 (2019)<\/a>. Model Veterans Treatment Court Act and Model Veterans Treatment Court Rules: Legislative Tracking<\/cite>, Uniform Law Commission<\/a> <\/span>(2019).<\/div>
\u200a36<\/a>\u200a<\/span>See for example Wounded Warrior Project: Statement for the Record<\/cite>, Veterans.Senate.gov<\/a><\/span> (2017); Stanford University: Veterans Treatment Conference<\/cite>, Stanford Law School<\/a><\/span>.<\/div>
\u200a37<\/a>\u200a<\/span>Public Law 115-240, Veterans Treatment Court Improvement Act of 2018<\/a>,<\/span> 115th Congress.<\/div>
\u200a38<\/a>\u200a<\/span>H.R. 886, Veteran Treatment Court Coordination Act of 2019<\/a>,<\/span> 116th Congress.<\/div>\r\n","protected":false},"excerpt":{"rendered":"

Stacey-Rae Simcox<\/p>\n","protected":false},"meta":{"_citation":"7 Stetson J. Advoc. & L. 108 (2020)","_first_para":108,"footnotes":""},"class_list":["post-1251","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-24"]}