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from Larry Scott at VA Watchdog dot Org -- 01-08-2009
 




 
 

 


 



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VETERANS' COURTS BEING EYED IN PENNSYLVANIA AND

ARIZONA -- Veterans' courts would provide options such as

counseling and medical treatment instead of jail time.

 

 

For more about the trend toward veterans' courts, use the VA Watchdog search engine... click here...
http://www.yourvabenefits.org/sessear
ch.php?q=veterans+courts&op=ph

We have two stories.

First story here... http://www.pittsburghlive.co
m/x/valleyindependent/teenscene/s_605775.html

Story below:

Your comments accepted at bottom of page.


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County eyes veterans' court

By Mike Cronin
TRIBUNE-REVIEW



Allegheny County judges hope to set up the state's first court devoted to military veterans who get into trouble with the law.

Veterans court would provide options such as counseling and medical treatment -- instead of jail time -- for veterans who commit misdemeanors, said Common Pleas Judge Michael E. McCarthy, a county civil judge.

"This would help veterans who have suffered difficulties due to their military service," said McCarthy, 58, who served as a Navy Seabee
during the Vietnam War. Those difficulties could include post-traumatic stress disorder and alcohol and drug addiction, he said.

Such alternative courts are aimed at nonviolent offenders whose violations stem from mental illness, substance abuse, or in the case of veterans, PTSD. Instead of incarceration, they offer treatment programs to tackle the underlying causes of criminal behavior.

Allegheny County set up a mental health court in 2001 that places mentally ill people charged with nonviolent crimes with community social services.

The rate of repeat offenders goes down when people participate in alternative courts, said Amy Kroll, director of justice-related services in the county Department of Human Services.

"Alternative courts give individuals a way to recover their lives," Kroll said. "The answer is treatment, treatment and more treatment."

A 2007 RAND Corp. study of the county mental health court showed that only 14 percent of participants committed a crime after going through the program. The recidivism rate for the general population of inmates is 67 percent, the report said.

Alternative courts can save taxpayers money, too. A 2003 National Institute of Justice study that compared a drug court in Multnomah County, Ore., to criminal adjudication showed the drug-court model saved the public more than $2,300 per year for each participant.

The VA Pittsburgh Healthcare System could provide care, if necessary, and fellow veterans would serve as mentors to those appearing before the court, McCarthy said.

"That way, rather than just be adjudicated, we can try to address the problem," McCarthy said. "And veterans seem to respond to each other."

Some of the mentors will come from the Veterans Leadership Program of Western Pennsylvania in the South Side.

"We're going to call on some of those we've assisted through the years to come back and help those that need their help right now," said Albert Mercer, the leadership program's executive director.

Officials in Erie County, N.Y., started what they believe to be the nation's first veterans court a year ago, said acting Erie County Judge Robert Russell. Others now exist in Anchorage, Alaska; Orange County, Calif.; and Tulsa, Okla.

"We took the approach that if we have a judicially oversighted treatment program, maybe we can change their behavior -- get them clean and sober and become productive members of society instead of a burden on society," Russell said.

It's too early for any data to exist on the effectiveness of veterans courts, Russell said.

Karen Blackburn, the Pennsylvania Supreme Court's coordinator for problem-solving courts in Harrisburg, visited Russell's court in Buffalo with McCarthy. The Allegheny County program could serve as a statewide model, she said.

State Rep. Don Walko, D-North Side, said he requested a $25,000 state grant to fund a case manager for the veterans court "who will help them get into the right treatment programs."

The first step is to set up a task force and determine a method to identify defendants who are veterans, said Common Pleas Judge John A. Zottola, a criminal judge who presides over the county's mental health court. He said he hopes to have the program running by June.



Mike Cronin can be reached at mcronin@tribweb.com  or 412-320-7884.

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Second story here... http://www.azcentral.com/arizo
narepublic/news/articles/2009/01/06/2009010
6veteranscourt1226.html

Story below:

-------------------------

New court is sought to aid vets charged with crimes

by JJ Hensley
The Arizona Republic



For four years, Cody Batroff was a trained killer fighting for his country.

The former Marine served two tours in Iraq, taking out the enemy and ducking roadside bombs.

Although he excelled on the battlefield, the 26-year-old Phoenix resident had trouble readjusting to civilian life.

"You go from killing people to cutting grass, and that's a reality check," he said.

He was arrested five times in two years, culminating with a DUI and a disorderly conduct charge for what he nonchalantly describes as "standing in my front yard with a firearm, yelling and screaming."

Batroff is serving five months in a Maricopa County jail. Although he won't blame his incarceration on his military service, experts have linked anti-social and criminal behavior with post-traumatic stress disorder (PTSD) and traumatic brain injuries suffered by soldiers fighting in Iraq and Afghanistan.

Batroff was diagnosed with both.

Court officials recognize a need to treat these soldiers before they get caught up in a cycle of crime.

A coalition of legal officials and advocates for veterans in Maricopa County is considering setting up a special court that would provide vets with the help they need to cope.

That could mean identifying veterans early in the system, connecting them to services the government already provides and linking the vets to a support network.

The goal: Keeping them out of the criminal-justice cycle.

Growing problem

Veterans advocates, along with judges and attorneys, have launched similar specialty courts in Buffalo, N.Y.; and Orange County, Calif.

Studies have shown that 30 to 40 percent of the 1.6 million troops who have served in Iraq and Afghanistan will "face serious mental-health injuries" such as PTSD or traumatic brain injury.

Because they have no visible scars of war, victims of those ailments frequently suffer in silence, said Shelly Curran, director of court advocacy with Magellan, which manages the public mental-health system in Maricopa County.

The disorders can lead to higher rates of divorce, drug and alcohol abuse and ultimately incarceration or suicide, she said.

"A lot of what brings veterans into contact with the criminal-justice system is the result of injuries they received while they were serving; their behaviors are so tied to whatever that service-related injury could be," Curran said. "There's a stigma around seeking services, especially when you come from a culture where it's important to be strong. It's less likely for veterans to ask for help."

The idea behind the veterans court is to identify former soldiers and get them the help they deserve, Curran said.

The exploratory group, headed by retired Superior Court Judge Kenneth Fields, is looking at the court system in Buffalo, which identifies and diverts veterans who commit misdemeanor offenses into a program that offers them counseling and other support services for a time and allows the soldiers to plead to a lesser crime.

It will be months before the committee here gets through the exploratory phase, and it could be longer before veterans advocates, court officials and prosecutors develop the framework to start a similar court here.

The committee is trying to determine how many veterans, such as Batroff, are locked up in Maricopa County. That figure is hard to come by, largely because officials generally don't ask the question until the defendant is sentenced, if then.

However, a snapshot of adults going through probation in the county during the first six months of last year found that more than 400 people, or more than 7 percent, had served in the armed forces.

With nearly 600,000 veterans in Arizona, experts say, those numbers will likely increase as more return home from the wars.

"One of the things that offended me is seeing a veteran who is self-medicating with alcohol or marijuana or meth and going to court and standing side by side with some gangbanger or lifetime criminal and being treated the same as them," said Billy Little, an attorney and retired Air Force colonel. "If you can tie the alleged criminal activity to their service, to us, I thought they deserved better than that."

Little, along with others in the legal community, have pushed for the specialty-court idea and worked with Superior Court Presiding Judge Barbara Mundell to launch the effort.

Next steps

The exploratory committee, which includes representatives from the courts, adult probation, veterans advocates, mental-health providers and the Maricopa County Attorney's Office, hope to present a proposal to Mundell by summer. Fields said the courts likely would not come at any additional costs to the court system.

Although the idea has support among veterans advocates and court officials, it's not a slam dunk.

The County Attorney's Office has questioned whether a suspect deserves to be treated any differently because he or she served in the military and whether the court would work with those who commit serious felonies or only lower-level crimes.

County Attorney Andrew Thomas' office has consistently come out against specialty courts, such as a Spanish-language DUI court, that offer services to certain suspects. But the office has not determined its stance on a potential veterans court.

"Justice is supposed to be blind," said Barnett Lotstein, a special assistant county attorney. "We have great respect for our veterans, obviously. If it can be shown that a veterans court is not only in the interest of the defendants and the body public, there may be some benefit, unlike the race-based courts, which we are absolutely opposed."

Courts elsewhere

In upstate New York, Erie County residents have come to expect low-level offenders to get diverted to one of Buffalo's specialty courts if the suspects qualify, said Judge Robert Russell, who presides over the veterans court.

"Whether they realize it or not, they're already seeing veterans," Russell said. "The issue is: Do you design a program that meets the needs of that culture?"

That might have helped Batroff.

Although the Washington High School graduate was diagnosed with post-traumatic stress disorder and a frontal-lobe injury and even helped start a PTSD-support group at the Carl T. Hayden VA Medical Center, it didn't stop him from acting out.

Counseling and other forms of treatment might have helped, Batroff admits, but those aren't readily available to county inmates.

"I got thrown in here, so I didn't get to finish all that stuff," he said. "Of course, certain sounds are going to make me think of a rocket, or people coming up behind me are going to make me twitch. It's not like high school: You get out and graduate and it's over."

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posted by Larry Scott
Founder and Editor
VA Watchdog dot Org

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