Veterans Treatment Courts—Why They Matter

Part One of Two

It’s May, a time to enjoy spring with the flowers blooming, the grass growing and evidence of new life everywhere.  But it is also a time to recognize the individuals who have changed their lives overcoming their substance dependency because of Drug Treatment Courts.  May is National Drug Court Awareness Month. Drug Treatment Courts started in Dade County, Florida in 1989 with Judge Stanley Goldstein presiding. Now there are thousands of treatment courts across the United States. The research on Drug Treatment Courts shows they effectively reduce recidivism among justice involved populations who are assessed as high risk, high need and because of the success of Drug Treatment Courts, a variety of treatment courts has been developed, all based on the Drug Court model, including: DWI Courts, Mental Health Courts, and Veterans Treatment Courts (VTC).

The First Veterans Treatment Court

Treatment Courts were well established in the United States, when the Judge of one of the longest serving and most successful Drug Courts, Robert Russell in Buffalo, New York, recognized participants in his Drug Court program who had prior military service responded well when the Drug Court team focused on their experience as Veterans. Judge Russell’s court coordinator was a Marine Veteran and saw that many of the Veterans had underutilized, or were not aware of benefits available to them. The team then created a separate calendar to serve Veterans which became the nation’s first VTC.

A VTC employs the research supported concepts and practices of the Drug Treatments Court model, in particular, a version of Drug Court’s Ten Key Components to serve a justice-involved population that have previously served in the United States military. Drug Treatment Courts have been operating since 1989 and they are the most heavily researched criminal justice intervention.

The purpose of the VTC is to include the unique aspects of the Veteran experience, and provide wrap around services to the participant. Those unique aspects may include a sense of camaraderie, discipline, being mission driven, and having a strong sense of purpose.

The treatment court concept is in effect an interdisciplinary team all working to achieve a common goal. For a VTC, that team includes treatment, supervision, law enforcement, judicial officers, attorneys, advocates, and the Veterans Administration working together in a case management approach to ensure the Veteran engages in and receives the benefits of services available. On the VTC team, the VA is represented by a Veterans Justice Outreach (VJO) specialist.

Veterans in the Justice System

According to the Bureau of Justice Statistics, Veterans account for 8% of the national prison and jail population. In 2015, that figure was put at 181,500 individuals, a 9% decrease from 2004. Veterans in the justice system have extensive, medical, mental health, and substance use disorder needs. That same report indicated that most of the Veterans in prison had committed violent sexual crimes (35%), followed by other violent crimes (29%), then drug crimes (14%), and property crimes (12%).

In 2007, the Veteran Health Administration (VHA) implemented Veterans Justice Programs in order to link justice involved Veterans with VHA and community services. According to several studies (Finlay, et. al 2016, 2017), more than 50% of the Veterans served in those programs were diagnosed with mental health and/or substance use disorders.

A 1998 study completed by the Justice Department and released in 2000 found Veterans’ sentences averaged 50 months longer than prison sentences for non-Veterans. The difference may reflect the higher percentage of violent offenders among Veterans, however, the data in the report also showed Veterans received longer sentences for the same offenses committed by non-Veterans.

Addressing Unique Issues

Veterans share the common experience of having served in the US military, but the different branches may each have their own unique cultural aspects. Among the common aspects of military culture are discipline and leadership. Military discipline is a mental attitude and a state of training that seeks to makes obedience and proper conduct instinctive under all conditions. It relies on respect for, and loyalty to, authority. Obedience to authority is prioritized, but the military also seeks to make all service members mission-oriented.

VTC team members must understand military culture, including the interaction between officers and enlisted members. From a gender perspective, women may be reluctant to identify as a Veteran. Then sexual orientation or gender identity issues may cause an additional level of stress of the Veteran participant. That stress may come from a fear of being “outed” or discovered. From a race perspective, in the military everyone is “green”, but upon return to civilian life, the Veteran may confront anew the challenge of racism.

It is also a concern that Veterans in the justice system cross several eras: the Vietnam war, the Gulf war, and more recently the ongoing wars in Iraq and Afghanistan.  Among the contemporary issues because of the Iraq and Afghanistan war is the phenomenon of multiple deployments to the combat zones. The multiple deployments not only increase the likelihood of traumatic and or physical injury, but may also exacerbate injuries that occurred. Veterans from the Iraq/Afghanistan era who do not deploy may carry feelings of guilt and be reluctant to reveal their Veteran status.

Treating and Supporting Veterans in the Justice System

Common clinical issues diagnosed among Veterans include:

• TBI: A brain dysfunction caused by an outside force such as a blow to the head, including concussive force commonly the result of an IED explosion.
• PTSD: A mental health condition triggered by a terrifying event, either experiencing it or witnessing it. Symptoms may include flashbacks, nightmares, severe anxiety as well as uncontrollable thoughts about the event. Symptoms can last for months or years and can interfere with day-to-day functioning.
• Military sexual trauma/psychological trauma: In the judgment of a Veterans Affairs mental health professional resulted from a physical assault of a sexual nature, battery of a sexual nature or sexual harassment which occurred while the Veteran was serving on active duty or active-duty training.

The Veterans Administration is the federal agency that provides lifelong health care services to eligible military Veterans at medical centers and outpatient clinics. Non-healthcare benefits provided by the VA include, disability compensation, vocational rehabilitation, education assistance, home loans, and life insurance.

All of the services provided by the VA are intended to assist the Veteran meet the needs when leaving military service and reengaging in civilian society. Prior to the creation of VTCs, many justice involved Veterans, were either not aware of, faced barriers in obtaining, or simply chose not to avail themselves of services provided by the VA.

VTCs Making a Difference

While more research is needed, a study published in 2015 indicated that veterans in VTC programs “experienced significant improvement in PTSD, depression, substance abuse, overall functioning, emotional wellbeing, relationships with others, recovery status, social connectedness, family functioning, and sleep.” (Knudsen & Wingenfeld, 2015)

For over two hundred years countless individuals have been serving in our nation’s military, ensuring that our rights and liberties are protected.  When they return home, they have to adjust to a new normal and most Veterans are able to readjust to life as a civilian.  However, many Veterans come back and need our help and support. VTCs are a critical step to ensure our Veterans in the justice system get the support they need and that they are entitled to receive.

VTC Case Plan

To aid VTCs and the collaborative case management process necessary for VTCs, the Justice Speakers Institute now has available: 1) Veteran Case Plan Form, 2) Progress Review Form, and 3) Instructions for using those documents.  To see those forms and get the instructions for using them, click here.

In part two, read about Mentors in Veterans Treatment Courts and the vital role they play.