Veterans Treatment Courts: Healing the Wounds
Shortly after the terrorist attacks in the United States on September 11, 2001, with Authorization for Use of Military Force allowing the President to use “all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks,” operations began with U.S. military forces deployed to Afghanistan on October 6, 2001 (Torreon, 2017). Approximately two million service members were deployed. As veterans return home from deployment, they struggle to readjust to civilian life especially if they have been exposed to combat. Studies indicate that an estimated 20% of veterans from recent wars report symptoms of post traumatic stress disorder, major depression, or traumatic brain injury (Canada & Albright, 2014). There is also a growing concern for veterans who are involved in the criminal justice system. Veterans, particularly combat veterans, may be coming into contact with the criminal justice system because of their unmet mental health needs (Canada & Albright, 2014).
An increase in veterans in contact with the criminal justice system led to the emergence of veterans treatment courts (VTC). VTCs were established to identify the root causes of veterans’ criminal behavior, and help them reintegrate back into society. The VTC team generally consists of the judge, attorneys, and Veterans Affairs (VA) and non-VA treatment and service providers. They determine and provide appropriate treatment for veterans. For example, if a veteran enters the criminal justice system, his or her case may be transferred to the VTC. If transferred, the VTC team evaluates the veteran and the case to determine eligibility, and if the veteran and the case are eligible, the VTC offers the veteran participation. If the veteran accepts the offer, he or she is expected to participate in and receive certain treatments and services, as well as comply with specific court mandates, in lieu of incarceration (Baldwin & Rukus, 2015). If the veteran does not accept the offer, the case is transferred back to the traditional court of origin. VTCs are based on the mental health and drug treatment court models “designed on the theoretical underpinnings of therapeutic jurisprudence” (Canada & Albright, 2014).
There are a multitude of benefits associated with VTCs. In addition to significantly lower recidivism rates for participants who complete them, VTCs also save taxpayers hundreds of thousands of dollars that would have otherwise been spent on incarceration (Henderson & Stewart, 2012).There are benefits to the communities in which the veterans reside. Reducing the effects of criminal behaviors improves overall community well-being. Veterans are also generally satisfied with their experience in VTC. They appreciate that the judge and mostly everyone there were veterans, how they gained a support system, or how the VTC addressed their personal issues in addition to their legal issues (Baldwin & Rukus, 2015). In fact, as a VTC judge handles numerous veterans’ cases and is supported by a VTC team, he or she is in a much better position to effectively respond than a judge who only occasionally hears a case involving veteran defendant. A VTC judge better understands the issues that a veteran may be struggling with, such as substance addiction, PTSD, traumatic brain injury, etc, and is more familiar with veterans service organizations (Justice for Vets, 2018). In addition to that, military ritualism employed in many of these courts makes the program more relatable.
Getting help is undoubtedly the most important part of the process. The VA and the Veterans Justice Outreach (VJO) officers work together to provide counseling services, job placement services, and housing (Getz, 2018). As a representative from the VA is included in the VTC team, veterans can immediately register for services and receive necessary treatments. VTCs also provide mentors who can be active or retired military. Mentoring programs are often selected with input from the judge, court coordinator, and mentor coordinator. Mentors support veterans in securing housing, employment, job training, education, and transportation, and help veterans and their families navigate the VA, Social Services, and other systems (Henderson & Stewart, 2012). Veterans’ relationship with their mentors throughout the program increases the likelihood of veterans successfully completing the program. The Veterans Treatment Courts: 2015 Survey Results found that VTCs are in fact providing veterans with access to much-needed services and that more than 80% of the courts indicated that they were able to match participants with mentors who could provide assistance both in and out of the courtroom (Getz, 2018).
There are a number of features that need to be strengthened within the VTC. VTCs are not not universally available and therefore only a portion of military veterans are eligible for these specialized programs (Canada & Albright, 2014). Eligibility for VTCs varies by jurisdiction. For example, a recent inventory of 461 operational VTCs across the U.S. found that 66% of courts will accept veterans with either misdemeanor or felony charges, but the remaining courts restrict participation to misdemeanor only (20%) or felony only (14%) (Tsai et al., 2018). Such restriction prevents veterans who need treatment from receiving it. Some also criticize that VTCs fail to include victims and heavily focus on offenders and legal and military communities only. As the role of the victim is minimal, some view VTCs as a get out of jail free card. An element of coercion is present as well (Baldwin & Rukus, 2015). Because veterans will be transferred back to the traditional court of origin and possibly be incarcerated, some might feel pressured and forced to accept the program. However, the force exerted by the criminal justice system on the offender to complete treatment does not appear to hinder the positive impact of the treatment (Baldwin & Rukus, 2015). Overall, studies do show that VTCs keep our veterans out of prison and provide necessary services and treatments. Expanding eligibility and actively involving victims will multiply such effects and help ensure that everyone benefits from VTCs.
References
Baldwin, J. M., & Rukus, J. (2015). Healing the Wounds: An Examination of Veterans Treatment Courts in the Context of Restorative Justice. Criminal Justice Policy Review, 26(2), 183-207.
Canada, K. E., & Albright, D. L. (2014). Veterans in the Criminal Justice System and the Role of Social Work. Journal of Forensic Social Work, 4, 48-62.
Getz, L. (2018). Veterans Treatment Courts – Helping Vets Seek Justice. Social Work Today, 17(5), 22.
Henderson, K., & Stewart, K. (2012). Veterans Treatment Courts. American University. Retrieved from https://www.american.edu/spa/jpo/initiatives/drug-court/upload/VTC-Fact-Sheet.pdf
Justice for Vets. (2018). What is a Veterans Treatment Court? Retrieved from https://justiceforvets.org/what-is-a-veterans-treatment-court/
Tsai, J., Finlay, A., Flatley, B., Kasprow, W. J., & Clark, S. (2018). A National Study of Veterans Treatment Court Participants: Who Benefits and Who Recidivates. Adm Policy Ment Health, 45(2), 236-244.
Torreon, B. S. (2017, October 11). U.S. Periods of War and Dates of Recent Conflicts. Congressional Research Service. Retrieved from https://fas.org/sgp/crs/natsec/RS21405.pdf