In Response to the Overwhelming Problem of Drug-Related Crime Committed by Nonviolent

Introduction

In response to the overwhelming problem of drug-related crime committed by nonviolent, drug abusing veterans, the Rochester Drug Treatment Court began and was the first of its kind in New York State. Over 13 years later the court remains a success with several hundred successful graduates and is one of the largest courts in the country. The court is based on the premise that an arrest is a significant triggering event which will provide an opportunity for an addict to engage in chemical dependency treatment. Early assessment along with immediate engagement in chemical dependency treatment is relied upon to assist the veterans to break the cycle of drug addiction and crime.

On January 5, 2009, the Rochester Drug Treatment Court expanded its services to create the Veterans Treatment Court. Prior to 2009, the Rochester Drug Treatment Court identified Veterans as a special population at intake and coordinated services through a specialized track of the Rochester Drug Court. However, Veterans are now presenting as the largest emergence of a distinct population and in a concerted effort to promote success a separate court was created.

Principal funding was received from the Department of Justice through a grant to the Unified Court System. With this grant, the Court was able to hire a Resource Coordinator, contract case management services with the Veterans Outreach Center and lastly, hire an independent evaluator. New York State Office of Court Administration developed the Universal Treatment Application, an automated data collection system.

Case Managers at the Veterans Court evaluate each legally eligible veteran=s need for treatment, determine the appropriate treatment modality. Much of the success of this court is based upon the unique case management system from the Veterans Outreach Center and the Veterans Administration. Together we share a mission of providing quality care and services to the population in which we serve.

Mission

The Veterans Court is a program designed to provide veterans an opportunity to break the cycle of addiction and crime. Through judicial monitoring and collaboration between the criminal justice system, the Veterans Administration (VA) and the Veterans Outreach Center immediate and intensive intervention and treatment is provided to the veteran. The court links veterans to substance abuse and mental health treatment, disability benefits, vocational, educational and other VA services to promote their success.

Table of Contents

New Cases...... 3

Courtroom Procedures...... 4

Progress Reports...... 5

Scheduling Return Dates...... 5

Urine Screens...... 5-6

UTA...... 6

Sanctions...... 6-7

Recognition...... 7

Type of Releases...... 7-8

Transport Requests...... 8

Email Communication...... 8

Changes to Docket...... 8

Bench Warrants...... 9

Orientation Group...... 9

Relapse Panel...... 9

Graduation Requirements...... 10

Clean Slate Alumni...... 11

Team Meetings...... 11

Case Staffing...... 11

Use of prescribed addictive substances...... 12

Eligibility Standards

Minimum Eligibility Criteria:

1.  The veteran must be charged with a felony or misdemeanor crime.

2.  The veteran must have served in the United States Armed Forces.

3. Violent felony charges are ineligible. Violent felonies as defined by the 1194 Crime Control Act.

All Felony sections of the following Penal Law Articles:

120 Assault and Related Offenses

125 Homicide and Related Offenses

130 Sex Offenses

135 Kidnapping and Related Offenses

150 Arson

160 Robbery

215 Offenses related to Judicial Proceedings

240 Offenses against Public Order

265 Firearms and other Dangerous Weapons

The following sections of Penal Law Article 140:

140.25 Burglary in the second degree

140.30 Burglary in the first degree

3. The veteran must have a chemical dependency or mental health diagnosis based upon a completed evaluation by a clinician.

Team Members

Judge

The Presiding Judge of the Veterans Courts heads a collaborative treatment team composed of herself, the prosecutor, the defense attorney, clinical staff, the Veterans Outreach Center, court mentors and the Veterans Administration. In this capacity, the Judge regularly reviews progress reports detailing each veterans compliance with the treatment, drug test results, cooperation with the treatment provider, and progress toward abstinence and law-abiding behavior. During court appearances, the Judge administers a system of graduated sanctions and rewards to increase participant=s accountability and to enhance the likelihood of recovery.

As a result of their frequent interactions during court appearances, the Veteran develops a strong rapport with the Judge, who speaks directly to them, asks them about their progress, exhorts them to try harder, and applauds accomplishments. At the same time, she is sure to remind them of their continuing obligation to remain drug-free, often acknowledging improvements in their appearance and treatment compliance resulting from the cessation of drug use. Conversely, the Veteran appreciates the Judge=s recognition of their diligent efforts toward recovery.

Project Director

The Project Director manages all aspects of the Rochester Veterans Court. The Project Director is responsible for the oversight of all personnel matters. The Project Director interfaces with governmental agencies, criminal justice agencies, and all community - based organizations, and is accountable for preparing and submitting monthly, quarterly, and annual reports, including the preparation and modification of program budgets. The Project Manager develops and supervises special projects, technology and program enhancements, which enhance services for the Veteran population.

Assistant District Attorney

The role of the Assistant District Attorney in Veterans Court is dramatically different than in a traditional adjudication court. Typically, prosecutors and defense attorneys are adversarial. However, in the Veterans Court, all parties share the common goal of helping Veterans successfully restore their lives. The prosecutor reviews new cases, determines which are appropriate and creates plea offers, which all include a jail alternative for a veteran=s failure to comply with treatment mandate. As part of a collaborative team with the Judge, defense attorney, and clinical staff, the prosecutor monitors the Veterans progress and can make recommendations regarding sanctions and ultimate treatment outcomes. Also, if the Veteran is re-arrested, the prosecutor investigates the new case and assesses the appropriateness of continued participation.

Defense Attorney

The defense attorney represents and counsels the Veterans in all court proceedings. In the Veterans Court, while the protection of all veterans constitutional right is always the primary concern, the defense attorney is also interested in promoting their health and well-being.

Resource Coordinator

The Coordinator serves as the primary liaison between the courtroom and the clinical staff. In this capacity, he oversees the communication of treatment-related information to the Court.

Veterans Outreach Center Case Manager

Case managers work with Veteran specific issues such as post-traumatic stress, depression and other anxiety disorders that can interfere with treatment outcomes. The case manager will help the Veteran with readjustment issues such as anger management, impulse control, conflict resolution skills and other issues that create a difficult re-entry into civilian and family life. Veterans are evaluated for any other benefits including VA health care, educational benefits and other VA benefit packages that promote income stability. If they are homeless, they are registered in a Veterans Outreach Center residential program. The case manager becomes a coach in the recovery process, meeting weekly with the Veteran and with the family if needed.

Veterans Administration – Veterans Justice Outreach Worker (VJO)

A Veterans Administration, VJO works with Veterans involved in the court to facilitate appointment scheduling, treatment updates, and benefit coordination.

Court Mentors

Veteran Peer mentors are part of the team and provide advice, personal experiences, recommendations and guidance. Peer mentors include, but are not limited to, those who have served in Vietnam, Desert Shield/Storm, Operation Enduring Freedom and Operation Iraqi Freedom. While in court, a mentor is assigned to a Veteran and discusses any ongoing problems or issues of interest. They work to problem-solve existing issues and bring to the attention of the Court any issues that the Court can assist in resolving. This relationship promotes and fosters, through encouragement, a Acan do@ attitude in the veteran; the veteran becomes motivated to accomplish his or her goals in treatment, feels that he or she is not alone and knows that the mentor and the Court are there for them.

Veterans Service Agency – Outreach Coordinator

Treatment Providers – for Veterans who are NOT eligible for healthcare at the VA

Community agencies have signed memorandums of understanding which furnishes the providers with guidelines to facilitate their delivery of professional, appropriate, effective and confidential services to veterans who are referred to them by the court. Agencies provide the court with regular treatment updates.

Case Processing

New cases are referred to the court as Follows:

A. Felony cases are referred to the Court by a Superior Court Judge, with consent of the District Attorney and Defense Attorney.

B. Rochester City Court Judges can refer appropriate cases, with the consent of the District Attorney and Defense Counsel.

C. The Rochester Drug Treatment Court / has been designated a Ahub@ court, which authorizes Town and Village Court Justices in the County of Monroe to refer cases from their respective courts with the consent of the District Attorney and Defense Counsel.

Before a potential veteran is referred to Veterans Court a screening must occur. Upon referral from another court, the prospective participant is interviewed by the Veterans Court Coordinator to determine if the participant is clinically appropriate for admittance into the court. Additionally, The Judge, Assistant District Attorney and Defense Counsel will determine if the case is appropriate, based on the charges and the participant=s legal history.

When an individual is referred to Veterans Court, he or she is initially required to observe a court session and its proceedings. A brief psycho social assessment is completed to determine if the individual is clinically appropriate for participation. At the conclusion of the day=s court calendar, the presiding Judge will address all new cases referred to the court. The Judge will explain the requirements expected of the participants. If the individual elects not to participate in Veterans Court the individual is advised that will be returned to the referring Court.

If the individual agrees to participate in Veterans Treatment Court a case manager is assigned by matching the individual=s needs with the most appropriate treatment agency.

Band System (otherwise known as phases)

The BAND system is the primary mechanism by which participants are monitored through the Veterans Court. All participants are designated to a Aband@ of supervision based upon their progression. The bands which are increased or decreased according to progress are fully explained below.

1.) Band One- Stabilization, Orientation, and Assessment

a.) Intake interview/orientation/overview of program

b.) Bio/Psycho/Social Assessment

c.) Initial treatment plan developed

d.) Individual and group counseling, as scheduled

e.) Attend self help as recommended

f.) Supervised urinalysis at least once a week

g.) Assessment of vocational/educational and mental health needs

h.) Recreation/fellowship

I.) Weekly reporting

j.) Advancement criteria:

1.) No positive urinalysis for 60 consecutive days

2.) No un-excused absences from scheduled services for 30 days

3.) Employed or positive response to vocational/educational goals

4.) Completion period 90-120 days.

2.) Band Two- Decision Making, Intensive Treatment

a.) Individual and group counseling as scheduled

b.) Continued attendance at self-help meetings if recommended

c.) Emphasis placed on vocational/education goals

d.) Supervised urinalysis testing is continued

e.) On-going review and updating of treatment/transition plans

f.) Recreation/fellowship

g.) Bi-weekly reporting

h.) Advancement criteria:

1.) No positive urine or breath screens for at least 180 consecutive days

2.) No un-excused absences from treatment and/or scheduled services for 60 days.

3.) Employed or positive responses to vocation/educational goals

4.) Demonstrated adjustment to treatment and overall commitment to recovery

5.) Average completion period 90-180 days

3.) Band Three- Transition, Continuing Care

a.) On-going review and updating of treatment and transition plans

b.) Supervised urinalysis testing

c.) Continued substance abuse treatment and self help as recommended

d.) Recreation/fellowship

e.) Greater emphasis on the progress of vocational/educational goals

f.) Monthly reporting

g.) Advancement criteria:

1.) No positive urinalysis and/or breath screens for 240 consecutive days

2.) No un-excused absences from treatment and/or scheduled services

3.) W-2 Employed or full-time student

4.) Fulfillment of goals as stated in individuals=s treatment plan

5.) Average completion period 240-365 days

4.) Graduation

a.) AGraduation@ from each court phase shall be determined by the Judge on the condition that the participant has satisfied the established minimum criteria for advancement.

b.) Criteria:

1.) Successful completion of all three court phases of Program

2.) Successful completion of participant=s substance abuse program

3.) W-2 employment or full-time enrollment in vocational/educational program

4.) Have minimum of 365 consecutive days of clean urine and breath screens

5.) Veterans Court Termination

a.) Expulsion from the program shall be determined ONLY by the Judge with appropriate input from the treatment providers, District Attorney, Defense Counsel, Coordinator and the Project Director.

Courtroom Procedures

All court participants must be in courtroom 7 no later than 1:45pm on the day ordered by the Judge. As participants enter the courtroom they will be required to sign in with the deputy at the door. Participants should come to court dressed appropriately; no tight, revealing clothing, shoulders should be covered, pants should be worn at waist level, and no drug or alcohol related clothing is permitted. Veterans should sit in the center section of the courtroom and are expected to remain in the courtroom until their case is called. If a participant needs to leave the courtroom during the session they need to inform the deputy at the door.

When the Judge takes the bench she will ask for anyone who would test positive to come forward. After they have been directed to continue to the screen room, the Judge will continue to call the names of the participants on the screen list. When the screen room is full, Veterans will be asked to sit on the left side of the courtroom until a deputy alert them to proceed to the screen room.

The courtroom should remain quiet during the court session. Often times case managers need to speak with each veterans during the court session. For convenience an office is available in the entryway of the courtroom to meet with veterans privately.

Progress Reports

All areas on the progress report as these become part of the participant=s case file. Under Atreatment summary/comments@ the following information is provided at each court appearance: