Indiana Cnty. C.P. Veteran Court Policies and Procedures 10

the VTC, the Defendant can request reconsideration pursuant to the

reconsideration policy of this manual.

RECONSIDERATION POLICY

**Reconsideration must be filed within 30 days of initial rejection**

If a relevant party to the offender’s case (attorney, judge, treatment provider,

police officer, etc.) feels the Veterans Treatment Court Team failed to consider a

particularly important factor, he/she may fill out a request for the case to be reconsidered.

An offender may file for reconsideration one time and must be within 30 days of initial

rejection.

A reconsideration form must be filled out and submitted to the Veterans Court

Coordinator. The request must include supportive reasoning for reconsideration.

Supportive reasoning is defined as mitigating circumstances pertaining to the crime,

psychiatric/psychological reports that may not have been available for the initial

consideration, or any other relevant information that can be placed in written format.

Once the request for reconsideration is submitted, the Veterans Court Coordinator will

forward the information to the VTC Team. The decision by the VTC Judge will be final.

PROGRAM TRACKS

The Indiana County VTC consists of two (2) separate and distinct tracks for

eligible Defendants:

1. Diversionary Track. All participants entering the VTC through the

diversionary track will execute a Rule 600 Waiver form (Attachment _________ ) and

Written Colloquy – Diversionary Track (Attachment ___________ ). For participants

completing the diversionary tracks, charges will not be dismissed until the participant has

graduated, and paid any and all applicable fines, costs, fees, and restitution. It is the

responsibility of the participant to furnish proof of final payment to their VTC Probation

Officer. Once verified, the Office of the District Attorney will prepare the appropriate

document for seeking dismissal of the charges. Further, upon successful completion, the

participant who entered into the program as diversionary may petition the court to have

their criminal case/s expunged. The participant must pay the appropriate fee in the Clerk

of Courts Office prior to the filing of the petition for expungement. Any participant who

enters into the Diversionary Track but fails the program and is removed from the VTC, will

have his/her case returned to a normal criminal case tracking and will be placed on the

criminal call list.

2. Incentive Track. The goal of the incentive track is to give the participant the

chance to work toward a better resolution of the charges if he/she adheres to any and all

conditions set by the Court and successfully completes the Veterans Treatment Court

Program. This track is designed for the participant to enter a guilty plea approved by the

District Attorney and defer sentencing with signed Rule 704 Waiver (Attachment ________ )

and Written Plea Colloquy – Incentive Track (Attachment _________ ) in order for the

participant to enter into and complete the Veterans Treatment Court Program. Upon

successful completion, the participant may be afforded the opportunity to withdraw

his/her guilty plea and enter a plea to a lesser charge if the parties and the Court consent.

This track is designed to meet the needs of eligible veterans who have prior criminal

records or more serious charges that are better suited for the incentive track program

rather than the diversionary track program.

PROGRAM LENGTH

The length of participation in the Veteran Treatment Court Program is a goal of 14

months. However, this will depend on the participant’s ability to achieve program

goals. As such, the exact duration of the program will vary for each participant. In

some cases, it may take a participant in excess of 18 months to complete the program. The

team reserves the right to review anyone’s case that exceeds 24 months and decide if the

participant remains appropriate for the program.

ASSESSMENTS AND TREATMENT

All eligible participants will receive drug, alcohol and mental health services through the

Veterans Affairs Office. If an appropriate level of treatment is not available at the VA, the

participant will be required to participate in recommended community-based treatment.

A Veterans Justice Outreach Specialist (VJO) will be assigned to the Indiana County

Veterans Court Program. Each participant will meet with the VJO for an initial assessment.

Once assessed, the participant will be placed into appropriate services. The Veterans

Treatment Court Team will receive regular updates from the VJO to the participant’s

progress in treatment. The Indiana County Veterans Treatment Court team will make a

collaborative effort to provide any and all services that are needed for the participant to

obtain their treatment goals.

SUPERVISION

Veterans Treatment Court requires intensive supervision. The number of times that a

participant is required to report to the Probation Officer will depend on the participant’s

current phase in the Program. The Probation Officer is required to verify employment,

attendance of AA or NA or other such program meetings, attendance at counseling,

interaction with sponsor, payment of financial obligations, and abstinence of drug use (via

drug testing). The initial appointment is somewhat longer than every other appointment

because of the completion of required paperwork.

Participants are required to provide proof of employment by providing letter written by

employer as directed by Probation Officer. Participants must also provide proof of

meeting attendance by showing their meeting sheets and proof of payments by showing

receipts. Treatment providers will fax general progress forms to verify attendance of

counseling. The Probation Officer is also expected to make sure participants follow

through with all court orders or agreements. Referring of participants to outside agencies

for support in their recovery is another component included under supervision.

Supervision requirements are specific to each phase of the program.

TEAM MEETING

The Veterans Treatment Court team shall meet every two weeks (or more frequently if

deemed necessary by the team) prior to court sessions or as otherwise scheduled. During

these meetings the team will discuss the progress of those participants scheduled to

appear in court that week. Problem areas will be discussed and alterations in case

management and treatment plans will also be addressed. Additionally, at this time,

incentives and sanctions will be determined. The Veterans Treatment Court team will also

discuss any problem cases that are not in court the week of the team meeting. Lastly, the

team will review the pending client list.

TREATMENT COURT TEAM-PARTICIPANT RELATIONSHIPS

The relationship between team members and participants will be professional, with all

interactions based on adopted County standards of professional conduct. Team members

will always maintain professional and objective personal conduct between himself/herself

and the participant’s family and close associates. Team members should have a personal

concern within the bounds of their professional responsibilities, so as to safeguard the

welfare of the participant both during and after enrollment in Veterans Treatment Court.

Team members are prohibited from developing personal obligations with participants

including: sexual or romantic relationships, employment of clients or engaging in business

relationships with clients who are active in Veterans Treatment Court. The relationship

with participants should never include behaviors on the part of the team member which

would be abusive or damaging to the participant. Team members must disclose

preexisting social ties or relationships with a participant prior to the individual’s

placement into Veterans Treatment Court.

PERSONAL RELATIONSHIPS BETWEEN PARTICIPANTS

In order to ensure that each Veterans Treatment Court Participant has the optimal

opportunity to succeed, each participant’s primary focus shall be on his/her recovery.

Support, particularly support from other Veterans Treatment Court participants, is a vital

component of recovery. However, personal relationships that go beyond support of

recovery, such as dating and/or sexual relationships, are prohibited. This also includes all

other Specialty Court participants. If there is in fact a relationship that’s not going to

change, specific guidelines will be discussed between the Specialty Court Teams.

In Phase 1 and 2, intimate personal relationships outside of Veterans Treatment Court are

also strongly discouraged as these relationships are detrimental to recovery. Participants’

focus must remain on recovery and healing of oneself.

In Phase 3 and 4, if a participant is stable in his/her recovery, Veterans Treatment Court

wants to be able to facilitate healthy personal relationships. Therefore, Veterans

Treatment Court will utilize any and all available services (such as, but not limited to,

counseling, health classes), that will help participants maintain healthy personal

relationships.

Participants are also prohibited from the lending and borrowing of money to and from

other Veterans Treatment Court participants.

Inappropriate relationships will result in sanctions by the Veterans Treatment Court

Team. They will determine what type of sanction which could include the possibility of

termination.

VETERANS TREATMENT COURT SESSIONS

Veterans Treatment Court sessions will be held twice a month in open court to monitor

the participants’ compliance, progress, and participation in the Veterans Treatment Court

program. The Court will review with the participant his/her progress leading to that

week’s court appearance. At this time, any alterations to case management and treatment

plans will be reviewed with participant. Also, incentives and sanctions will be distributed

during Veterans Treatment Court sessions.

Court sessions will be held twice a month, at 1:15 p.m., in Courtroom No. 3.

VETERANS TREATMENT COURT PHASES

There are five (5) separate and distinct phases of the Veterans Treatment Court

Program with a total goal of fourteen (14) months of supervision, treatment, and

monitoring. Within each phase there are various requirements that each participant must

complete prior to advancing to the next phase. All phases have been designed to provide a

reasonable and clinically effective assemblage of activities and to afford periodic positive

reinforcement of the participants by transition. Each participant’s involvement will be

monitored by his/her probation officer. As each participant completes various aspects

and requirements of each phase the probation officer will note such in the participant’s

file and complete with the participant an appropriate Supervision Plan Form (Attachment

_______ ). The Probation Office will make the initial recommendation for the participant to

move to the next phase. The Veterans Treatment Court Team will make the final decision

for advancement.

PHASE I Requirements

(Minimum sixty (60) days)

• Actively participate in probation supervision plan as developed by your PO.

• Actively participate in medical treatment plan and follow treatment

recommendations as set up by VJO and Treatment Team.

• Consistently attend established/approved support groups (AA) as directed.

• Attend Veterans Treatment Court sessions as directed.

• Attend other Veterans Treatment Court classes, appointments or functions as

directed. (Employment, housing, finance, driver’s license, wellness, etc.)

• Determine amount of fines/costs/restitution with PO.

(If receiving income, establish payment plan and begin making payments.)

• A minimum of two Probation Officer contacts per week is required. Contact

method at PO discretion.

• Complete the Workbook Phase assignments and any additional assignments as

directed.

• Complete twenty (20) hours of Community Service.

• Take DD214 and meet with VJO; record DD214.

• Communicate with Mentor as directed.

• Submit to random drug tests as directed.

• Adhere to a 10PM curfew and be available for curfew calls.

• Twenty-One (21) consecutive days of sobriety.

PHASE II Requirements

(Minimum 3 months)

• Actively participate in probation supervision plan as developed by your PO.

• Actively participate in medical treatment plan and follow treatment

recommendations as set up by VJO and Treatment Team.

• Consistently attend established/approved support groups (AA) as directed.

• Attend Veterans Treatment Court sessions as directed.

• Attend other Veterans Treatment Court classes, appointments or functions as

directed. (Employment, housing, finance, driver’s license, wellness, etc.)

• Obtain full-time employment, begin full time student status or an approved

combination. (If applying for and/or receiving full time disability, additional

Community Service hours, as determined by the Team, must be completed.)

• Obtain stable housing.

• Meet with PO to determine status of driver’s license.

• Continue payment plan of fines/costs/restitution.

• A minimum of one Probation Officer contact per week is required. Contact method

at VCPO discretion.

• Complete the Workbook Phase assignments and any additional assignments as

directed.

• Complete thirty (30) hours of Community Service.

• Maintain contact with Mentor as directed.

• Submit to random drug tests as directed.

• Adhere to an 11PM curfew and be available for curfew calls.

• Forty-Five (45) consecutive days of sobriety.

PHASE III Requirements

(Minimum 3 months)

• Actively participate in probation supervision plan as developed by your PO.

• Actively participate in medical treatment plan and follow treatment

recommendations as set up by VJO and Treatment Team.

• Consistently attend established/approved support groups (AA) as directed.

• Attend Veterans Treatment Court sessions as directed.

• Attend other Veterans Treatment Court classes, appointments or functions as

directed. (Employment, housing, finance, driver’s license, wellness, etc.)

• Maintain full-time employment, full time student status or an approved

combination. (If applying for and/or receiving full time disability additional

Community Service hours, as determined by the Team, must be completed.)

• Maintain stable housing.

• Review status of driver’s license with PO.

• Continue payment plan of fines/costs/restitution.

• A minimum of one Probation Officer contact per week is required. Contact method

at VCPO discretion.

• Complete the Workbook Phase assignments and any additional assignments as

directed.

• Complete thirty (30) hours of Community Service.

• Maintain contact with Mentor as directed.

• Submit to random drug tests as directed.

• Adhere to a 12:00 midnight curfew and be available for curfew calls.

• Sixty (60) consecutive days of sobriety.

PHASE IV Requirements

(Minimum 3 months)

• Actively participate in probation supervision plan as developed by your PO.

• Actively participate in medical treatment plan and follow treatment

recommendations as set up by VJO and Treatment Team.

• Consistently attend established/approved support groups (AA) as directed.

• Attend Veterans Treatment Court sessions as directed.

• Attend other Veterans Treatment Court classes, appointments or functions as

directed. (Employment, housing, finance, driver’s license, wellness, etc.)

• Maintain full-time employment, full time student status or an approved

combination. (If applying for and/or receiving full time disability additional

Community Service hours, as determined by the Team, must be completed.)

• Maintain stable housing.

• Review status of driver’s license with PO.

• Continue payment plan of fines/costs/restitution.

• A minimum of one Probation Officer contact per week is required. Contact method

at VCPO discretion.

• Complete the Workbook Phase assignments and any additional assignments as

directed.

• Complete the Graduation Assignment (Form 4-32).

• Complete thirty (30) hours of Community Service.

• Maintain contact with Mentor as directed.

• Submit to random drug tests as directed.

• Ninety (90) consecutive days of sobriety; no new arrests for 90 days.

PHASE V Requirements

(Minimum 3 months)

• Actively participate in probation supervision plan as developed by your PO.

• Actively participate in medical treatment plan and follow treatment

recommendations as set up by VJO and Treatment Team.

• Consistently attend established/approved support groups (AA) as directed.

• Attend Veterans Treatment Court sessions as directed.

• Attend other Veterans Treatment Court classes, appointments or functions as

directed. (Employment, housing, finance, driver’s license, wellness, etc.)

• Maintain full-time employment, full time student status or an approved

combination. (If applying for and/or receiving full time disability additional

Community Service hours, as determined by the Team, must be completed.)

• Maintain stable housing.

• Review status of driver’s license with PO.

• Continue payment plan of fines/costs/restitution.

• A minimum of one Probation Officer contact per week is required. Contact method

at VCPO discretion.

• Complete the Workbook Phase assignments and any additional assignments as

directed.

• Complete the Graduation Assignment (Form 4-32).

• Complete thirty (30) hours of Community Service.

• Maintain contact with Mentor as directed.

• Submit to random drug tests as directed.

• Ninety (90) consecutive days of sobriety; no new arrests for 90 days.

COMMUNITY SERVICE

Each Veteran must complete approved community service in each of the five Phases for a

total of 140 hours.

In order to advance to the next phase, the required community service hours must be

completed.

TERMINATION

Participants who refuse or who are unable to comply with any program goal(s) or who

have become a supervision risk will be terminated from the Veterans Treatment Court

Program.

Termination decisions are based on individual criteria including, but not limited to:

Client’s response to treatment, meetings, employment, community service and payments;

Honesty while in the program; Number of attempts at treatment; has the team exhausted

all options.

If the Veterans Treatment Court Team recommends termination the participant shall be

given written notice of violation. The court shall schedule a termination hearing.

The court shall put the participant on notice that each probation violation, including

missed appointments (up to and including but not only with Probation Officer, VJO Group,

VA Treatment services and/or community treatment services), and positive drug tests,

may result in jail time. (*further explanation available under Drug Testing heading).

GRADUATION

Participants, who have achieved program goals, paid their restitution in full, remained

substance free continuously for the minimum prescribed time and who have been in the

program for at least 14 months are eligible for graduation. This is recognized as a very

important event. Graduation ceremonies will be scheduled as needed. Friends and family

are invited to join the Veterans Treatment Court Team in congratulating the participants

on their success. All participants are required to attend, unless excused from attendance.

The Veterans Treatment Court Team reserves the right to add or cancel any

commencement ceremony based on the number of participants who are eligible.

INCENTIVES AND SANCTIONS

INCENTIVES

The purpose of providing incentives is to reward participants for positive lifestyle changes

and for meeting program milestones/requirements. Participants who comply with

program requirements (supervision, treatment, urinalysis, etc.) will be rewarded through

the imposition of incentives.

A. Incentives may include, but are not limited to:

1. VTC wristband

2. Birthday Card

3. Candy

4. Journals

5. Calendars/Planners

6. Toiletries

7. Hand shake from the Judge

8. Verbal Praise from the Judge

9. Pocket Calendar and Journal

10. Later Curfews