Indiana Cnty. C.P. Veteran Court Policies and Procedures (introduction)

VETERANS TREATMENT COURT

POLICIES & PROCEDURES

COURT OF COMMON PLEAS

OF

INDIANA COUNTY, PENNSYLVANIA

Established June 2019

INTRODUCTION - WHAT IS VETERANS TREATMENT COURT?

Indiana County Veterans Treatment Court (“VTC”) was started in 2019 to address the

growing number of Veterans involved in the criminal justice system. Veterans Treatment

Court promotes sobriety, recovery, and stability through a coordinated response involving

Indiana County’s Judges, Court Administration, the District Attorney, Public Defender,

Adult

Probation, the Mental Health Program, Domestic Relations, County Veterans Affairs and

the U.S. Department of Veterans Affairs. In addition, there are veteran volunteers, some of

whom serve on the Treatment Team and others who serve as Mentors. The goal is to give

each program participant the best possible chance of getting back on track as a healthy,

productive Veteran and citizen.

Just as every Veteran is different, so is every criminal proceeding. There are some

individuals who may not be able to participate in this program. Applications are reviewed

on a case-by-case basis. Veterans Treatment Court has no additional costs for the County

or the program participants. We hope to offer our Veterans access to needed services, an

opportunity to address their justice-related issues and a chance to get “squared-away.”

VETERANS COURT MISSION STATEMENT

The mission is to identify and provide specific interventions for veterans involved in the Indiana

County criminal justice system, in such a way to promote public safety, reduce recidivism and

costs, while improving the lives of veterans, their families, and the community through

treatment, support, and intensive Court supervision.

VETERANS TREATMENT COURT MENTOR PROGRAM MISSION STATEMENT

Veterans Treatment Court Mentors support veterans in readjusting to civilian life, assist

veterans in navigating through the court, treatment, and VA systems, and act as a friend

and ally through this difficult time.

VETERANS TREATMENT COURT MENTOR PROGRAM VISION STATEMENT

The motto of the Mentor Program is that no one is left behind. A Mentor is paired with a

veteran to provide support as the veteran works through VTC. Mentors are present as an

ally and friend to assist veterans through this difficult time. Their shared experiences assist

the veterans in regaining control of their lives and in successfully connecting to and

maintaining treatment, leading to successful completion of the Indiana County Veterans

Treatment Court Program.

GOALS

Goal 1: Reduce Recidivism

- Reduce in program recidivism by 50% over standard probation

- 90% of successful graduates will not receive new charges

Goal 2: Early Identification and Engagement

- Identify all Veterans by the Preliminary Hearing (Public Defender

Application, Bar Association, Etc.)

- engage veteran participant in VTC as early as possible.

Goal 3: Promote Public Safety

- 100% Court Reporting Accountability

- Public Awareness by Distribution of Brochures, County Website, Press

Releases and an Annual Informational Event.

Goal 4: Improving the Lives of Veterans and Their Families

- Identify and engage in treatment needs within thirty (30) day of

Application

- 100% of Participants remain compliant and stable with treatment

- Identify immediate ancillary service needs within fourteen (14) days of

acceptance into program

- 75% of all participants successfully graduate

Goal 5: Reduce Costs

- Reduce Number of Jail Days

- Reduce and Divert into Treatment

- Leverage Services Available (Federal/VA)

- 140 Total Hours of Community Service Work

TEN KEY COMPONENTS

Indiana County Veterans Treatment Court has adopted the Ten Key Components designed

and utilized by Buffalo New York’s Veterans Treatment Court. Buffalo implemented the

first Veterans Treatment Court and is a model by which most, if not all, others, are

designed. Buffalo used “slight modifications [of] the essential tenements of the ten key

components as described in the U.S. Department of Justice Publication entitled “Defining

Drug Courts: The Key Components”, (Jan.1997)” in order to develop what is listed below.

Key Component #1: Veterans Treatment Court will integrate alcohol treatment,

drug treatment, and mental health services with justice system case processing

Veterans Treatment Court promotes sobriety, recovery and stability through a

coordinated response to veteran’s dependency on alcohol, drugs, and/or management of

any mental health issues. Realization of these goals requires a team approach. This

approach includes the cooperation and collaboration of the traditional partners found in

drug treatment courts and mental health treatment courts with the addition of the

Veteran Justice Organization/Veteran’s Administration, veterans and veterans family

support organizations, and veteran volunteer mentors.

Key Component #2: Using a non-adversarial approach, prosecution and defense

counsel promote public safety while protecting participants' due process rights

To facilitate the veterans’ progress in treatment, the prosecutor and defense counsel shed

their traditional adversarial courtroom relationship and work together as a team. Once a

veteran is accepted into the treatment court program, the team’s focus is on the veteran’s

recovery and law-abiding behavior—not on the merits of the underlying case.

Key Component #3: Eligible participants are identified early and promptly placed in

the Veterans Treatment Court program

Early identification of veterans entering the criminal justice system is an integral part of

the process of placement in the Veterans Treatment Court program. Arrest can be a

traumatic event in a person’s life. It creates an immediate crisis and can compel

recognition of inappropriate behavior into the open, making denial by the veteran of the

need for treatment difficult.

Key Component #4: Veterans Treatment Court provide access to a continuum of

alcohol, drug, mental health and other related treatment and rehabilitation services

While primarily concerned with criminal activity, alcohol and drug use, and mental illness,

the Veterans Treatment Court team also consider co-occurring problems such as primary

medical problems, transmittable diseases, homelessness, basic educational deficits,

unemployment and poor job preparation, spouse and family troubles—especially

domestic violence—and the ongoing effects of war time trauma.

Veteran peer mentors are essential to the Veterans Treatment Court team. Ongoing

veteran peer mentor’s interaction with the Veterans Treatment Court participants is

essential. Their active, supportive relationship, maintained throughout treatment,

increases the likelihood that a veteran will remain in treatment and improves the chances

for sobriety and law-abiding behavior.

Key Component #5: Abstinence is monitored by frequent alcohol and other drug

testing

Frequent court-ordered drug testing is essential. An accurate testing program is the most

objective and efficient way to establish a framework for accountability and to gauge each

participant’s progress.

Key Component #6: A coordinated strategy governs Veterans Treatment Court

responses to participants' compliance

A veteran’s progress through the treatment court experience is measured by his or her

compliance with the treatment regimen. Veterans Treatment Court rewards cooperation

and sanctions noncompliance. Veterans Treatment Court establishes a coordinated

strategy, including a continuum of graduated responses, to continuing drug use and other

noncompliant behavior.

Key Component #7: Ongoing judicial interaction with each Veteran is essential

The judge is the leader of the Veterans Treatment Court team. This active, supervising

relationship, maintained throughout treatment, increases the likelihood that a veteran will

remain in treatment and improves the chances for sobriety and law-abiding behavior.

Ongoing judicial supervision also communicates to veterans that someone in authority

cares about them and is closely watching what they do.

Key Component #8: Monitoring and evaluation measure the achievement of

program goals and gauge effectiveness

Management and monitoring systems provide timely and accurate information about

program progress. Program monitoring provides oversight and periodic measurements of

the program’s performance against its stated goals and objectives. Information and

conclusions developed from periodic monitoring reports, process evaluation activities,

and longitudinal evaluation studies may be used to modify program

Key Component #9: Continuing interdisciplinary education promotes effective

Veteran’s Court planning, implementation, and operations

All Veterans Treatment Court staff should be involved in education and training.

Interdisciplinary education exposes criminal justice officials to veteran treatment issues,

and Veteran Administration, veteran volunteer mentors, and treatment staff to criminal

justice issues. It also develops shared understandings of the values, goals, and operating

procedures of both the veteran administration, treatment and the justice system

components. Education and training programs help maintain a high level of

professionalism, provide a forum for solidifying relationships among criminal justice,

Veteran Administration, veteran volunteer mentors, and treatment personnel, and

promote a spirit of commitment and collaboration.

Key Component #10: Forging partnerships among Veteran’s Court, Veteran’s

Administration, public agencies, and community-based organizations generates

local support and enhances Veteran’s Court effectiveness

Because of its unique position in the criminal justice system, Veterans Treatment Court is

well suited to develop coalitions among private community-based organizations, public

criminal justice agencies, the Veteran Administration/Veteran’s Justice Outreach, veterans

and veterans’ families support organizations, and drug & alcohol and mental health

treatment delivery systems. Forming such coalitions expands the continuum of services

available to Veterans Treatment Court participants and informs the community about

Veterans Treatment Court concepts. The Veterans Treatment Court fosters system wide

involvement through its commitment to share responsibility and participation of program

partners.

VETERANS TREATMENT COURT UNDERSTANDING OF JOB DESCRIPTIONS

The Veterans Treatment Court Team Members discuss client cases at the weekly Veterans

Treatment Court Team Meeting that is comprised of a Judge, DA/ADA, PD, PO, VJO

Specialist(s), Veteran Mentor(s), Veterans Court Coordinator, Probation and/or

Behavioral Health Representative. Each member of the team will play an important role in

helping you to succeed.

Veterans Treatment Court Judge: The Honorable Michael T. Clark, Judge

The Fortieth (40th) Judicial District of Common Pleas agrees to provide a Judge who will

preside over the Veterans Treatment Court. The Veterans Treatment Court Judge is

responsible for adhering to the Indiana County Pennsylvania, Veterans Treatment Court

rules and all revisions to the rules with special consideration being given to the

promulgation of any community–based rules deemed necessary for the success of Indiana

County’s Veterans Treatment Court. As a member of the Indiana County Veterans

Treatment Court, the assigned Judge will actively participate in staffing of cases; preside

over the court proceedings and monitor application of disciplines, sanctions and

incentives while maintaining the integrity of the Court.

District Attorney or Assistant District Attorney (DA or ADA): Mr. Robert Manzi, District

Attorney.

As a member of the Indiana County Veterans Treatment Court Team, the District Attorney

(DA) or the assigned Assistant District Attorney (ADA) will review all potential

participants for eligibility, actively participate in staffing of cases, and interact in a positive

manner to address pleas and application of sanctions and incentives as they apply to the

participant. Additionally, prior to a defendant’s plea into the program, the DA or ADA will

determine what appropriate misdemeanor or felony offense will reduce upon the

defendant’s graduation from Veterans Treatment Court. The DA or ADA attends all client

staffing and judicial reviews.

Public Defender (PD): Mr. Matthew Budash, Esq.

As a member of the Indiana County Veterans Treatment Court Team, the assigned Public

Defender will complete orientations on all defendants accepted into the program and

actively participate in staffing of cases to address pleas and application of sanctions and

incentives as they apply to the participant. In addition, will attend Court sessions and

ensure the offenders’ legal rights are appropriately protected. The PD attends all client

staffing and judicial reviews.

Adult Probation and Parole Officer (PO): Mr. Michael Hodak, Director of Indiana

County Probation and/or Mr. A.J. Smeltz, Indiana County Probation Department.

As a member of the Indiana County Veterans Treatment Court Team, the assigned officer

will monitor accountability of social activities and home environment of all participants,

as well as maintain up to date records on each participant. In addition, provide frequent

and random drug testing and make recommendations to the Court as to the appropriate

sanctions and incentives. The Officer shall ensure supervision of participants in Veterans

Treatment Court, as well as the graduates of the program. The PO attends all client staffing

and judicial reviews.

Veterans Justice Outreach Specialists (VJO): As assigned by the VA.

VA is making a system-wide effort to ensure access to services for the justice-involved

Veteran population at risk for homelessness, substance abuse, mental illness, and physical

health problems. The Veterans Justice Outreach (VJO) program was created to provide

timely access to VA services for eligible justice-involved Veterans to avoid unnecessary

criminalization and incarceration of Veteran offenders with mental illness. The VJO

attends all client staffing and judicial reviews.

Veterans Treatment Court Coordinator (VCC): Mr. A.J. Smeltz, Indiana County

Probation Department.

As a member of the Indiana County Veterans Treatment Court Team, the assigned

Coordinator will be responsible for coordinating the Court by tracking and screening

referrals, compiling statistical data, and preparing weekly paperwork for the Court. The

Coordinator shall update all materials such as the Policy and Procedure Manual, the

Participant Handbook and any other Veterans Treatment Court documents that need to be

issued. The VCC attends all client staffing and judicial reviews.

Mentor Coordinator: Capt. Gregory Marsh, US Air Force Reserve.

Essential to the coordination, maintenance and success of the mentoring program is the

Mentor Coordinator. Their role is to recruit, organize and schedule trainings, supervise,

and coordinate Mentors within the Veterans Treatment Court Program. The Mentor

Coordinator will also be responsible for individual and group supervision as well as

scheduling mentors to be present during the Veterans Treatment Court proceedings. The

Mentor Coordinator attends all client staffing and judicial reviews.

Mentor. To Be Assigned.

The role of the volunteer Mentor is to act as a coach, guide, role model, advocate and a

support for the individual(s) with whom he/she is working. A Mentor is intended to

encourage, guide, and support the participant as he/she progresses through the court

process. This will include listening to concerns and making general suggestions, assisting

the participant with determining needs, and acting as a support in a way that only another

veteran can be or understand.

NOTE: Each team member will be responsible for dissemination of information to their

respective agency with regard to confidentiality laws that apply specifically to the

Veterans Treatment Court participants. Likewise, the sharing of information between

team members is a vital part of working as a team. Team members will also be charged

with the education of peer professional on the program community linkage’s which

enhance the effectiveness of the program.

In creating this partnership and uniting in a single goal of addressing our community, we

pledge to enhance communication between the courts, law enforcement and treatment

programs. Through this linkage of services, we expect wider participation and greater

effectiveness in addressing clients with drug, alcohol and/or mental health issues that are

involved in the Criminal Justice System.

Note: These policies and procedures may be amended at any time.

NEW TEAM MEMBERS

All new team members are requested to complete the Essential Elements of Adult

Drug Courts online training through the National Drug Court Institute (NDCI),

In addition, they should complete yearly training in at least one of the following

disciplines: Treatment Courts, Recovery/Addiction, Illicit/Prescription Drugs, Alcohol,

Ethics, Cultural Diversity, or Ten Key Components. Training hours will be provided to the

Veterans Treatment Court Coordinator.

ELIGIBILITY CRITERIA FOR VETERANS TREATMENT COURT

Screening for entrance into the program will be available to those defendants who are

detained at the Indiana County Jail, currently on pre-trial supervision, currently on

probation supervision, intermediate punishment supervision, and/or parole, and/or are

awaiting preliminary hearing before a Magisterial District Justice or awaiting Formal

Arraignment for an eligible criminal offense. The following criteria have been established

to identify persons who may qualify for admission to the Indiana County Veterans

Treatment Court: