Developing and Implementing a Veterans Treatment Court in Michigan. Provided by the Ingham County Veterans Treatment Court

Developing and Implementing a Veterans’ Treatment

Court in Michigan

Provided by the

Ingham County Veterans Treatment Court

August 2010

Contents

WHY A VETERANS’ TREATMENT COURT……….5

WHAT ARE VETERANS TREATMENT COURTS...……….……….5

PLANNING YOUR PROGRAM……….………..…….6

Eligibility……….………..……….….6 Referral……….………..……….6 Screening……….………..………..…….7 Admission……….………..………..…...7 Required Documents………7 Discharge……….………..………..……8 PROGRAM REQUIREMENTS……….……….8 Assessment……….………..………..…..9 Treatment……….………..………....……10

Substance Abuse Testing……….………...…10

Program and Phase Length……….………..…….11

Incentives and Sanctions……….………...11

ASSESSING NEED, CAPACITY, COMMINTY RESOURCES, AND STAFFING………….12

Assembling the Team……….……….…..……13

Partnerships……….………...…………..………..…13

Court Partnerships……….……….14

Veterans Administration Partnership……….…………14

Treatment Partnership……….……….……..…14

Legal Community Partnerships……….……...……..…14

Community Partnerships……….…….………..…14

Treatment……….………..14

Staffing Meetings……….………..……15

Judicial Status Review Hearings……….………...…15

MENTORING PROGRAM ……….……….15

Veteran Mentor Coordinator……….……….15

Veteran Mentors……….………..…..…16

Recruitment Policy……….………16

Eligibility Policy……….………...17

Knowledge of a Prospective Mentor’s Negative History………..…17

Screening Policy……….………...17

Training Policy……….………..…18

Assignment Policy……….………18

Documentation and Record Keeping Policy………..…18

The Documentation Process……….……….18

Confidentiality Policy……….……….……..…19

Unacceptable Behavior Policy………..……….………19

Veterans Hospital Worker ……….………..…..…19

Federal Office of Veterans Affairs……….………...19

Alumni Groups and StepDown Groups……….………19

EVALUATION……….………..…………...…20

DRAFTING THE MEMORANDUM OF UNDERSTANDING (MOU) ...……….…20

DRAFTING LOCAL ADMINISTRATIVE ORDERS (LAOs) ...………..………..……20

APPENDIX A (Order for Establishment of a Veterans’ Treatment Court)………..21

ATTACHAMENT A (Ten Key Components of the Veterans’ Treatment Court)………23

ATTACHMENT B (Memorandum of Understanding)……….25

EXHIBIT 1 (Ineligible Felony Offenses)………..29

APPENDIX B (Sample Program Phase Outline)………..33

APPENDIX C (Sample Veteran Welcome Letter)………35

APPENDIX D (Sample Consent Agreement)………...37

APPENDIX E (Sample Participant Pledge)………..38

APPENDIX F (Sanctions/Incentives)………39

A note regarding the Veterans’ Treatment Court…

The ICVTC was inspired by and adopted from the seminal Veterans’ Treatment Court in Buffalo, New York. We owe a huge debt of gratitude to the ground breaking work of Judge Robert T. Russell and the help of his staff, especially the VTC Director Hank Pirowski and Veteran Mentor Coordinator, Jack O’Connor, both on our site visit there in October 2009, and here for our first mentor training session. As you read through this document, keep in mind that there is no statutory formula in Michigan

specifying what is required to constitute a Veterans’ Treatment Court. This is only meant to outline some of the procedures followed in developing the Ingham County Veterans’ Treatment Court, which may pertain to the creation of other such courts.

For example, based on a survey of the probation population, a combined court in all three district courts, as well as the Ingham County Circuit Court, was found to be most efficient for Ingham County.

Depending on the population of a jurisdiction, there may be no need to merge several courts to form a VTC – Detroit’s 36th District Court readily comes to mind. Additionally, a VTC may consist of a protocol whereby any criminal defendant is checked for eligible veteran status, evaluated for need, and linked with proper service.

Though each VTC may be a bit different, my personal view is that providing every veteran defendant with a veteran mentor is perhaps the most important feature to remain constant. The lack of an appropriate support network may very well contribute to the number of veterans going through our criminal justice system. The providing of a positive veteran mentor, someone that our defendants can relate to and use as a role-model for how they can keep their lives on track, provides the support and direction that their lives may otherwise be lacking.

Another important aspect of any VTC is the collaboration of various resources and groups necessary to make a court like this work. Many must put otherwise adversarial tendencies aside to work towards the ultimate goal of helping our veterans. The ICVTC is extremely thankful to all of the individuals and groups who put aside their differences and have also given their time and effort to make this court a reality. To name a few, this includes prosecutors’ offices, Veterans’ Affairs, legal services groups such as Cooley Law School’s Service to Soldiers program and U of D Mercy’s Project Salute, student interns, and so on.

This collaboration of individuals reiterates that there is important work to be about. Our nation and state face a substantial returning population of veterans, some of whom will inevitably run into the criminal justice system.

In the end, the ICVTC is surely a work in progress, and we try to learn from every case. We aspire to fulfill the vision of Chief Justice Marilyn J. Kelly when she addressed the court on May 3, 2010:

“It is my hope that this program will serve our veterans as well as they have served us.”

We must be ready. On behalf of both myself and our veterans, thank you for your consideration in forming a Veteran’s Treatment Court.

WHY A VETERANS’ TREATMENT COURT

Veterans have unique needs and service members have many shared experiences. Many of these experiences are not common among their non-military peers, who are to be found in traditional drug and substance-abuse courts. Members of the military and veterans are a unique population, which calls for tailored care. Traditional community services may not suit their needs. Service members and their families experience unique stressors as part of the military experience. Experience in other treatment courts has shown that veterans respond more favorably to other veterans in the court. Veterans’ Courts allow veterans to go through the treatment court process with people who are similarly situated and have common past experiences and needs. This type of court links individuals with service providers who either share or understand the unique experience of military service, military life, and the distinctive needs that may arise from that experience.

Participants in veterans treatment courts require a greater need for supervision and support; increased collaboration with law enforcement and Veterans Affairs; speedy identification and referrals of eligible veterans; transferring of cases that traditionally were in other treatment courts (drug, mental health, etc.) to a centralized singular calendar of all eligible veterans; greater focus on veterans faulty decision-making; and peer to peer, vet to vet mentoring, to help the veterans build and achieve healthy goals.

WHAT ARE VETERANS TREATMENT COURTS?

Veterans’ Treatment Courts are specialized treatment courts designed to meet the particularized needs of our veterans. The goal is to divert eligible veteran-defendants from traditional or other specialty courts to a specialized criminal court docket. These veterans suffer from substance dependency and/or mental illness and are charged with what are typically felony or misdemeanor criminal offenses. The court substitutes a treatment-based problem-solving model for traditional court processing. Those defendants who have, or are serving, in the United States Armed Forces are identified and services between the Veterans Affairs and local service providers are

coordinated. They offer them assistance, assess their needs, manage their care, and help them solve their problems. They also provide Veteran Mentors to Veteran Defendants provide Probation monitoring and Court supervision twice monthly, coordinate feedback between the Court, Probation, VA, and service providers. This is all aimed at keeping the Veteran informed, and treating the needs of the Veteran promptly and professionally.

In hopes of achieving this goal, the program provides veterans suffering from substance abuse issues, alcoholism, mental health issues, and emotional disabilities with treatment, academic and vocational training, job skills, and placement services. The program provides further ancillary services to meet the distinctive needs of each individual participant, such as housing,

transportation, medical, dental, and other supportive services. The Court integrates alcohol and

drug treatment and mental health services with supervision of each veterans probationary case. The court will promote sobriety, recovery, and stability through a coordinated response to the veteran’s dependency on alcohol and other drugs and/or mental health issues.

PLANNING YOUR PROGRAM

The planning process includes designing how the court will operate, exploring and obtaining the necessary support, and engaging in extensive collaboration with VA medical centers, community healthcare providers, veterans service organizations, community based agencies, and volunteer veteran mentors. The process also includes planning meetings which involve judges and key personnel of member courts, as well as police agency representation, prosecuting officials, and the criminal defense bar.

Every community is, of course, different. However, planning and implementing a veterans’ treatment court is one kind of undertaking if the prosecuting officials are on board and also if they aren’t. From relationships with prosecuting officials in other treatment courts this may or may not be a known quality. The point is this is something to clarify early on in the process. Typically the veterans’ treatment court will work with the local VA hospital to place a

Behavioral Health Supervisor and secure a VA computer in the proposed Veterans Treatment Court. This allows for immediate benefit eligibility checks and for clinical appointments to be made directly on site in the Veterans Court.

Eligibility

The veterans’ court looks for service members and veterans that find themselves in trouble with the criminal justice system because of criminal behavior resulting from their physical and mental injuries from combat, PTSD, and/or TBI. Eligible veterans are identified through evidence-based screening and assessments. Typically, offenders who are transferred to this docket have committed misdemeanor or non-excluded felonies (see exhibit 1 of Appendix A). Participation in the veterans’ court is voluntary on the part of the defendant and subject to approval by the

prosecutor.

The court diverts eligible veteran-defendants with substance dependency and mental illness to the specialized Veterans’ Treatment Court docket. The court needs to determine its process for identifying eligible veterans, which can include evidence-based screening and assessments. Referral

Potential veterans’ court participants must be identified in your general population of offenders. The referral process is a cursory examination to determine that an offender and their offense is one that is eligible for the program and that the offender fits basic program criteria such as the ability to obtain VA benefits. An individual or multiple individuals must be designated to identify offenders who may be appropriate for the program and a system for referring those identified to the screening step must be established. The sooner a veteran offender is identified, the better, so establishing protocols, written policies, and jail guides from the onset are ideal.

Meeting with law enforcement officers can be very positive and productive in setting up referral procedures as they may have very practical ideas for finding out which individuals are veterans and referring them to either the prosecutor’s office or the court.

Screening

Although a veterans’ court candidate’s offense may be compatible with the eligibility guidelines for your program and he or she may fit with other basic requirements of eligibility, the offender may not be suitable for your program. The screening process will assist your team in narrowing the pool of candidates to those eligible and appropriate for your program based upon their needs and the services your program offers. Although not as comprehensive as an assessment,

screening involves interviewing the candidate to determine if there is an alcohol or drug use problem or mental illness and that the offender meets the program’s legal eligibility criteria. If your program excludes offenders with severe and persistent mental illness or that have

committed non-applicable violent felonies, proper screening will help to identify these

individuals. Many programs utilize a formal screening instrument. Your program will need to designate a team member to conduct the screening and if a screening instrument is utilized, this team member may need to be trained in administering the instrument. This is also a good time to gauge the candidate’s interest in the program and to explain the program to him or her.

The screening process can be an ideal time to develop a comparison group to measure your participants against. You may choose to create one comparison group of all individuals who met the basic requirements of your program but were found ineligible upon screening or you may choose to create multiple comparison groups, each specific to the reason the individuals were not admitted to your program. The latter of these options will require a large number of participant referrals and, therefore, is particularly well suited to large programs.

Admission

Under no circumstances should any candidate for the Veterans Treatment Court be denied admission merely upon the basis of his or her gender, race, ethnic background, sexual orientation, cultural, and/or religious backgrounds. Participation in the veteran’s court is voluntary on the part of the defendant and subject to approval by the prosecutor.

Admission decisions are usually a collaborative effort involving input from the judge, case managers, treatment providers, prosecuting and defense attorneys, and any other team members who have had contact with the candidate. The judge and prosecutor should collaborate to establish the admission criteria, which includes legal and clinical eligibility. In some courts, the prosecutor may be the gatekeeper for admission into the program based on the legal eligibility criteria. However, even if the prosecutor is supportive, other courts may choose to leave ultimate approval up to the presiding judge. Still other courts may follow a majority vote or consensus model.

In the end, admission should be in the best interest of the candidate and the best interest of the court. Once an admission decision has been made, admitted participants may be granted formal admission at a veterans’ court review hearing.

Your team will have numerous documents to provide new participants. First, all participants will need to read and sign a consent agreement and participant pledge. A sample form can be viewed in Appendix D and E. To facilitate communication among team members regarding substance abuse treatment information, participants will need to waive their confidentiality rights. A VA form 10-10EZ, Application for Health Benefits, will need to be filled out, which requires a copy of the defendant’s DD214. If your program has developed a participant handbook, incentives and sanctions chart, has rules about appropriate courtroom attire and demeanor, gives

appointment books to participants, or supplies participants with an address book/telephone number information sheet, these items should also be distributed at admission.

Discharge

Participants can be discharged from your program for a variety of reasons, including successfully completing the program, noncompliance with program rules, absconding, etc. Your team will need to establish specific criteria for what constitutes successful program completion (for example, minimum of 90 days sober, completion of all phase requirements, and employment). Will court supervision of a participant end when he or she successfully graduates or will

participants be continued on probation? Your team will also want to decide if your program will hold graduation ceremonies, if they will be for individual or multiple participants, and who will be notified of the ceremonies (participants’ families, friends, news/media)?

Regarding unsuccessful participants, your team will need to set a guideline for how long you will wait until you discharge a participant who absconds. For a participant who is unsuccessful and has program participation terminated, the case should be dealt with in accordance with the plea agreement, the entry of conviction, referral to the court for sentencing, actual sentencing by veterans’ treatment court judge, and/or other protocols as provided for in the plan.

Each Veterans Treatment Court will need to determine what activities may result in discipline up to and including termination from the program. Typically, this will include warrants, arrests, or violations of any aspects of participant’s treatment plan. Other violations may include:

 Dishonesty;

 failing to cooperate with the probation officer or treatment program; or

 violence or threat of violence directed at treatment staff, court personnel, other Veterans Treatment Court Participants, or other clients of the treatment providers.

PROGRAM REQUIREMENTS

It is anticipated that most Veterans Treatment Court participants will suffer from substance dependence. However, such dependence should not be a pre-requisite for entry. Each participant should have an individualized treatment and legal requirements plan.

Examples of those program requirements are indicated below, but the following is neither an exhaustive list nor will each requirement necessarily apply to each participant:

 Abstinence from alcohol and/or illegal drugs

 Submission up to twice daily Preliminary Breath Tests and/or agreement to participate in SCRAM or VISITEL monitoring system

 Submit to random urine screens that are neither diluted nor altered  Participate in in-patient treatment at the Veterans Administration

 Attend Intensive Individual Out-patient substance dependence treatment (IOP)  Comply with treatment recommendations of the Veterans Treatment Court treatment

provider and VA and/or Vets’ Center tailored to the participant’s particular mental and/or physical conditions (e.g., counseling for PTSD or associated adjustment disorders, Anger Management, Family Counseling, Cognitive Behavioral Therapy for antisocial behaviors, Rehabilitation Counseling for TBI)

 Attend the number of community based support groups per week that the Court orders  Establish a relationship with community-based Mentor assigned to you by the Court  Obtain an AA sponsor

 Perform the hours of community service Ordered by the Court  Pay fines and costs and/or costs of the program requirements  Pay restitution as ordered

 Meet with your probation officer as directed

 Attend court sessions with other Veterans Treatment Court participants  Find and maintain employment if able to work and not retired

 Abide by a curfew

 Abide by requirement that you will not possess any weapons (including service

memorabilia) while in the Veterans Court Treatment Program if you are a felon or violent misdemeanant and disclose the presence of any weapons possessed by anyone in your household

 Comply with a Court Order to not have contact with specified individuals, their families, or place of employment

 Obtain and maintain appropriate housing

 Allow random home visits by a court agent and/or police officer who may or may not be accompanied by your mentor

 Begin to develop healthy living plan which includes coping strategies, good cognitive behavior, and additional tools for recovery.

NOTE - Medical Marijuana Use

New to the area of treatment courts is the now allowable use of medical marijuana to treat certain medical conditions. Since this new area is only developing in Michigan, substantiated

uncertainly and disagreement is probably expected. As an official position, the ICVTC would generally not support the use of marijuana by a participant, even with a medical marijuana card, unless a physician with a background in addiction treatment provides a compelling reason for the participant to do so. Other veteran treatment courts prohibit its use entirely, irrespective of a medical marijuana card. As anticipated, the VA has changed its stance of prohibitions, allowing veterans receiving treatment to use marijuana, so long as in accordance with state law. So it will be up to each individual treatment court to determine its own stance toward the use of medical marijuana.

The one element that resonates throughout all of the Treatment Courts, including the Veterans Court, is the emphasis placed on personal accountability and the utilization of learned tools. Appropriate treatment needs are determined through assessment. Most of the veterans receive treatment through the VA Medical Center. There are numerous reasons for this, including availability of resources and coverage. Veterans are also offered treatment through the VA because of the unique care and understanding the facility has for veteran’s experiences and needs.

Your program will need to determine what assessment instrument or method will be used to determine a diagnosis and who will perform the assessment. This may require determining necessary licensure for the assessment and hiring or contracting with a licensed professional. Your team will also need to utilize an assessment tool that will determine what type of treatment individual participants will receive.

Treatment

Particular emphasis is placed on behavior modification and the idea of being mindful of the people, places, and things that participants associate with. Certain people, places, and things can cause a participant to resort back to negative behaviors. Identifying these triggers is helpful for the participants in gaining awareness. Participants are then expected to use this

self-awareness to make positive choices about what and whom they associate themselves with. The court also encourages family involvement in the lives of these veterans with the understanding that family can provide support and motivation. As is common among many treatment courts, incentives are offered for compliance and sanctions for non-compliance with the program. Upon successful completion of the program, not only are veterans sober and stable, many also have their charges reduced or dismissed.

Each individual court will have to establish its policy regarding jail time for its participants. The ICVTC has implements is that there is no up-front jail time, which has had a positive effect on both the participant and with issues of jail overcrowding. Instead, individual courts may decide to look in to the use of electronic tethering devices, which also present a more cost-effective approach than incarceration.

Programs vary with regard to the expected time frame between admission and the participants’ first substance use disorder treatment session. An achievable goal is to set this time frame at a two week maximum. The type of treatment that is appropriate will need to be determined by treatment professionals and/or the use of a placement. An individualized treatment plan should be developed for each participant. Given that treatment modalities are determined by

participants’ individual needs, it is important to ensure that there is a wide variety of treatment types available in your community and that your program accepts participants with needs that can be met by the types of treatment available.

Substance Abuse Testing

A good resource to examine in developing your procedures is the Office of Justice Program’s publication entitled Drug Testing in a Drug Court Environment: Common Issues to Address.4 Your team will want to have a same-gendered observer available for all urinalysis. Your team will also need to establish a chain of custody policy so it is clear who will place a seal on the specimen, who will initial the seal, where it will be kept, etc. Identifying the agency or agencies that will conduct testing and a lab that can confirm positive tests that participants can dispute is necessary. Drug testing is expensive so your team will need to determine how tests will be paid for. Many programs ask participants to pay for lab confirmations of positive tests that are

disputed and repay the participant if the test results are indeed negative. However, the remainder of the drug tests will likely need to be funded through another source.

4 http://www.ncjrs.gov/pdffiles1/ojp/181103.pdf Program and Phase Length

Your team will need to develop program and phase requirements. The program should have a minimum and maximum length. Variation in program length is the result of program sanctions. Veterans’ Treatment Court programs have a varying number of phases. As participants progress, they are promoted to a higher phase where monitoring is reduced and requirements are changed. For example, when promoted, the number of drug tests per week may be lessened and a new requirement to complete one’s GED may be instituted. Your team will need to determine how many phases you will include in your program, how long each phase will be (remembering that each phase can be a different length), and what the requirements will be in each phase. Programs must also determine what the criteria are for phase promotions. Must the participants complete all requirements of the phase to advance, 75 percent of the requirements, or will participants need to earn points that are tallied to determine phase advancements? Your team will also need to make a decision about your use of phase demotions. Phase demotions can be significantly more demoralizing to participants than other sanctions that may be equally effective in correcting the participant’s behavior. Lastly, your team members will need to determine what the program requirements are for graduation. Will participants need to meet every requirement of every phase to graduate? Are some requirements flexible and others not? Will participants have to start and remain in each phase for a set duration regardless of their individual criminogenic risks?

Typically, when a veteran moves to a higher phase of the program, a general feature is that they have to report less often to the court. For many, the veterans’ treatment court represents a very positive thing, resulting in a desire to remain in touch. One reasonable way to handle this issue would be to make the next mandatory appearance, for example, in two weeks, but give the defendant the ability to appear, touch base, and be recognized at the next interim court date if they so desire. It is important to reiterate, though, that this is just in reference to their appearance in court. The defendant is still expected, and will most likely choose, to keep in contact with their veteran mentor, who will be of great assistance in tracking the defendant’s progress as they move through the treatment phases.

A sample program phase outline is located in Appendix B. Incentives and Sanctions

Veterans’ Court officials have reinvented their traditionally adversarial rules and work as a Team to make this specialized court most effective for participant recovery. With the judge acting as leader, probation officers, prosecutors, police agencies, defense attorneys, and treatment

professionals and veterans services organizations work collaboratively to develop a strategy that is in the best interest of both the participating veteran and society.

The veterans’ court is based on principles of immediate and progressive sanction combined with appropriate rewards. Defendants that enroll in the Veterans’ court program must accept the legal sanctions associated with the crime committed (i.e., fines, costs, restitution, driver’s license consequences, etc.) and comply with an individualized treatment plan designed by the Veterans’ Court Team.

Failure to meet the requirements will result in sanctions imposed by the Judge as recommended by treatment providers and the remainder of the Veterans’ Court Team. When the participant completes the conditions of their treatment plan, they will move from one phase of the treatment program to another, and ultimately commence from the veterans’ Court Program.

A list of incentive and sanction ideas is included in Appendix I. It is a good idea to determine what specific incentives and sanctions will be given for specific participant behaviors.

This encourages fairness across participants and allows participants to predict the consequences of their actions. Giving incentives to individuals who are high-risk is especially effective because these participants are desensitized to punishment and are unaccustomed to being rewarded. Incentives do not need to be costly (courtroom applause or verbal praise from the judge) and can be individualized. For example, if a participant enjoys writing, an incentive might be allowing the participant to read a poem he or she wrote in open court. Incentives can also include monetary gifts such as bus tokens, books, and meal coupons.

Program violations are not treated like probation violations. Once an offender agrees to participate in drug court, he or she waives the right to counsel at review hearings that may involve administering a sanction. The sanction may be a loss of liberty. Should the participant object to the imposed sanction, the court must advise the participant that a formal objection is equivalent to withdrawing from the program. Sanctions include actions such as verbal warnings, community service, and curfews. They should be graduated in nature so that more severe

sanctions (i.e., jail time) occur after lesser sanctions have been administered and exhausted. ASSESSING NEED, CAPACITY, COMMINTY RESOURCES, AND STAFFING It has become apparent in our society that veterans face a number of challenges in addressing combat-related trauma. Millions of American troops have served their country, only to return with diseases of mental illness and/or substance addictions. These war-related illnesses may contribute to escalated suicide attempts, arrests, incarceration, divorce, domestic violence, homelessness, and despair. Veterans’ Treatment courts are therefore developed a response within the criminal system that coordinates individual responsibility between the criminal justice system, treatment, veterans’ services, and the community. Therefore, a first step may be to determine if these problems exist in your jurisdiction. This may require referencing caseload

reports to determine what percentage of your caseload is occupied by veteran offenders, examining your local jail’s booking information, and analyzing probation statistics. While compiling these numbers, pay special attention to the specific types of offenses or

offender characteristics that are most common as this will likely become your target population. Also, to determine a caseload estimate for your program, note the number of offenders who would be eligible for the program.

Your court team will need to come to an agreement with representatives of the prosecutor’s office early in planning your program. It is essential to have the prosecutor’s office in support of the program and for the team to have an understanding of the types of cases that will be

considered for eligibility. This understanding should be documented in the team’s Memorandum of Understanding.

Considering community resources at this step will be beneficial. Does your community have a Veterans’ Affairs Office close by? Are there specific support groups for veterans in the area? Is there a variety of treatment providers and types of treatment available ranging from services for those that need residential treatment to those that need outpatient treatment? Is there a GED program or are there vocational classes in your community?

Considering your staffing needs early in the planning process will also be helpful. Will you need to hire a new staff member to be the veteran mentor coordinator or are you able to get a

volunteer to fill the position? Who will provide case management? Will staff need to be trained on delivering assessments that will determine an offender’s level of addiction and needs? Will you contract with treatment providers? How will these positions be funded?

Assembling the Team

The following individuals should be approached as members of your team:

1. Judge(s) (note that it may be necessary to obtain support from other judges in the jurisdiction as well)

2. Veteran Mentor coordinator

3. Case manager(s) and/or probation officer(s) 4. Representative of the prosecutor’s office 5. Representative from the defense bar

6. Treatment provider(s) and/or treatment agency(ies) 7. Representative(s) of local law enforcement

8. Representative(s) of local substance abuse coordinating agency

9. Representative(s) of local services such as Michigan WORKS!, GED programs, transportation services, etc.

10. Veteran Mentors 11. Student Interns

While it may be the case that these individuals do not attend staffing meetings or court sessions, having the support of these individuals is critical to the success of your program.

Partnerships

Realization of these goals requires a team approach. It includes the cooperation and collaboration of traditional partners found in specialty courts with the addition of Veterans Affairs resources, support organizations for veterans and families and veteran mentors. Service delivery is made possible through the collaboration of numerous community partners. These partners can include:

 Courts  Veterans Affairs  Treatment  Legal Community  Community at large Court Partnerships

 All Circuit Court and District Court Judges  Court Administrators

 Probation Officers

Veterans Administration Partnership  Veterans’ Hospital

o Determine eligibility, assess needs, treatment  Vet Center

o Counseling, mentor training  National Guard

o JAG Officers

 County Veterans’ Affairs Office o Networking

Treatment Partnerships

 Community Mental Health Organizations  Substance Abuse Services

 Other Agencies and Advocates Legal Community Partnerships

 Prosecutor’s Offices  Law Enforcement

 Representatives of the Defense Bar  Law school programs

 Veteran Mentors from the community at large  501(C)(3) Corporation to allow for donations Treatment

 Bulk of treatment through VA or VA partnership organizations  Veterans urged to access other Veterans’ Benefits

o Housing o Education o Job retraining o Healthcare

 Frequent Reporting and provider feedback Staffing Meetings

Prior to each drug court review hearing, most programs hold staffing meetings. These are meetings for the purpose of bringing all team members up to date about the progress of each participant. These meetings should discuss the achievements and difficulties of each participant since the previous staffing meeting, include staff and treatment providers’ recommendations for adjustments to treatment plans, indicate positive drug tests, incentives and sanctions, etc. Your team will need to determine which team members will attend each staffing meeting and how decisions about participants will be recorded during the meeting.

This will give the judge access to the decisions as each participant stands before him or her if the status review hearings immediately follow the staffing meetings.

Judicial Status Review Hearings

Judicial status review hearings typically follow the staffing meetings. These should be dockets dedicated solely to court participants. Participants attend these hearings en masse and remain in the courtroom as each fellow participant interacts with the judge. This allows participants to see the consequences of others’ actions and builds a sense of mutual support among participants. Based upon the participant’s treatment needs, the frequency of judicial review hearings should be determined per participant. Although many programs set rigid guidelines for the frequency of judicial reviews determined by program phase, research indicates that low-risk offenders are successful with fewer judicial reviews than high-risk offenders.

MENTORING PROGRAM

The mentoring program is an essential and vital part of any veterans’ treatment court.

Experience has shown that veterans were more likely to respond more favorably with another Veteran than with others who did not have similar experiences. Veterans, when talking with other veterans, would be more relaxed and less tense about their situation. This change in demeanor makes a deeper impact on the lives of the veterans.

Veteran Mentor Coordinator

The Mentoring Coordinator is essential in maintaining the success of the Veteran Mentor Program. The role of the Mentor Coordinator is to recruit, train, supervise, and coordinate

mentors. The Mentor Coordinator is responsible for recruiting prospective mentors, screening candidates, selecting Veteran Mentors, training the selected candidates, and educating them about the Ingham County Veterans’ Treatment Court. The Mentor Coordinator will also be responsible for individual and group supervision as well as scheduling mentors to be present during the Court’s proceedings. The Mentor will also coordinate all activities with the Court team staff, Court Coordinator, and the Judge.

Each court will have to determine the exact duties of its Veteran Mentor. Those duties may include:

1. Recruit and train volunteer Veteran’s Court mentors.

2. Response to inquiries around participating in the mentoring program 3. Assist in the retention of volunteer mentors.

4. Organize and conduct training for volunteer mentors. 5. Assist in supervision of mentors.

6. Assist in the development of specialized training projects for the program. 7. Perform all other duties as assigned by Project Director and the Judge. Veteran Mentors

A vital aspect of the Veterans’ Court and getting to the bottom of the issues of our veterans is its team of volunteer veteran mentors. This pool of mentors includes those who have served in various conflicts and branches of the United States Armed Services. While in court, the veteran will be assigned a mentor, who will discuss any ongoing problems or issues of interest. As the mentor works with the veteran, they problem-solve existing issues, bringing them to the attention of the court for assistance in resolution if necessary.

The goal of the mentor is to foster a relationship of confidence with the veteran. This helps the veteran to accomplish their treatment goals and improves their chances for law-abiding behavior in the future. The mentor is intended to encourage, guide, and support the mentee as they progress through the court process. This can include listening to the concerns of the veteran and making general suggestions, assisting the veteran to determine what their needs are, and acting as a support for the veteran at a time when they may feel alone in a way that only another veteran can understand.

Each court will have to determine the exact duties of its Veteran Mentor Coordinator. Those duties may include:

1. Attend court sessions when scheduled.

2. Participate in and lead mentoring sessions with veterans when assigned by the Judge. 3. Be supportive and understanding of the difficulties veterans face.

4. Assist with the veterans as much as possible to resolve their concerns around the court procedures as well as interactions with the Veteran’s Administrative System.

5. Be supportive and helpful to the other mentors within the program. 6. Arrange recognition events for Veteran

Recruitment Policy

The Veteran Mentor Coordinator assumes the majority of the responsibility for recruiting new mentors. The Ingham County Veterans’ Treatment Court Team, its collaborative partners and current Veteran Mentors are strongly encouraged to refer highly respectable and reputable veterans to the Veteran Mentor Program. Additionally, Veteran’s Court Team members and Veteran Mentors are strongly encouraged to attend and host informational sessions and training for perspective mentors.

Eligibility Policy

Each Veteran Mentor must meet the eligibility criteria as established by the court. In general, those requirements may include:

1. Be a veteran of one of the branches of the United States Military, including the Army, Marine Corps., Navy, Air Force, Coast Guard, or their corresponding Reserve or Guard Branches

2. Adhere to all of the policies and procedures as established by the court 3. Commit to the participation for a minimum of six months

4. Complete the required training procedures

5. Participate in additional trainings throughout the time of service

6. Completion of a criminal background or driving record check, especially in those instances where the mentor may assist the defendant in transportation to and from meetings

Also, the court must determine what desirable qualities they wish their mentors to have. These qualities may include:

1. Willing listener

2. Encouraging and supportive

3. Tolerant and respective of individual differences 4. Active Listener

5. Empathetic

6. Encouraging and supportive

7. Tolerant and respectful of individual differences 8. Knowledge of Veteran’s Affairs services

9. Knowledge of community resources and services Knowledge of a Prospective Mentor’s Negative History

Current Veteran Mentors with knowledge of any prospective mentor’s history or background that may jeopardize the integrity of the Volunteer Mentor Program, the Court, and the Veteran

Participants must communicate their knowledge or concerns to the Volunteer Mentor Coordinator, the Project Director, or the Judge.

Screening Policy

Each prospective Volunteer Mentor must complete the screening process as established by the court. The Volunteer Mentor Coordinator is responsible for conducting the screening process. The decision to accept or deny an applicant will be made by the Mentor Coordinator, the Project

Director, and the Judge. Feedback regarding the prospective mentor’s denial may or may not be given. The right to withhold or give feedback is solely at the discretion of the Mentor

Coordinator, Projector Director, and Judge.

The Volunteer Mentor Screening procedure will include, but not be limited to: 1. Completing a written application form

2. Completing a personal interview

3. Authorizing a background check (which the court should do) Training Policy

Each court must establish required initial training procedures. This can include: 1. Observation of several court sessions

2. Shadowing mentoring sessions with different mentors 3. Leading mentoring sessions while being observed

4. Discussing lead mentoring sessions and observations forms 5. Completing individual supervision with mentor coordinator Assignment Policy

The court will need to determine how to match mentors and participating veterans at each court appearance. The following criteria should be used when assigning mentors:

1. Previous sessions where a Volunteer Mentor was assigned to a particular Veteran Participant

2. Same branch of service, for example, Air Force-to-Air Force, Marine-to-Marine, etc. 3. Same war time era, for example, Vietnam to Vietnam and Iraq to Iraq

4. Specific skill of a Volunteer Mentor that a Participating Veteran may need 5. Similar age/ gender/ ethnicity

Additionally, the assigning should take into consideration the request of the Volunteer Mentor or Veteran Participant.

Documentation and Record Keeping Policy

Each court needs to determined how contact between the mentor and the veteran participant will be documented. This could be via the Veteran Mentor Log by the Volunteer Mentor. The Veteran Mentor Log is kept in a binder and has the name of each veteran participant on each binder.

The Documentation Process

1. The Veteran Mentor will take the assigned Veteran Participant’s binder with them during any mentoring session

2. The Volunteer Mentor will document the mentoring session in the Log 3. Documentation of all mentoring sessions is necessary and mandatory 4. Volunteer Mentor will not promise any outcome for a Volunteer Participant

5. After the mentoring session has been documented, the Volunteer Mentor will put the Log back in the appropriate place

6. The Volunteer Mentor Coordinator, Project Director, Court staff, or the Judge will lock the Log in a safe and secure place

7. When court is not in session the Log will always be kept in a locked and secured place

Confidentiality Policy

Confidentiality is an essential piece of successful mentoring. Veteran Participants need to know that their testimony and their mentoring session with a mentor is highly secured and confidential. Veteran Mentor training should include a mandatory confidentiality workshop and/or signing of a confidentiality agreement. In addition, guidelines will be reviewed specific to what

information should be included and should not include in the veteran log as well as how information about the mentors will be protected.

Unacceptable Behavior Policy

Unacceptable behaviors should not be tolerated while a Veteran Mentor is participating in the program. Because of the direct impact a mentor has on a Veteran Participant, behaviors that are not aligned with the mission, vision, goals, and values of the Court are unacceptable and should be prohibited during court proceedings and mentoring sessions. Any unacceptable behavior, as determined by the Mentor Coordinator, the Judge, or the project Director, will result in a warning and/or disciplinary action including suspension or termination from the program.

Veterans Hospital Worker

Typically, the VA Behavioral health worker assigned to the court has a secure laptop computer in the court and direct communication with the Judge, the Project Coordinator, the Veteran Mentor Coordinator, and the mentors.

Possible duties for the worker include the following:

1. Obtaining and checking on presence of VA Releases of Information (ROI) between court and VA hospital

2. Facilitating VA linkages for services.

3. Verifying and making appointments for SATS and Mental health Clinics 4. Checking on VA toxicology testing results

5. Coordinating VA Treatment Status Report provision to court 6. Providing the judge with accurate VA treatment status updates 7. Checking on and assisting with VA eligibility for services

8. Case management, crisis management and support for the veteran at the court visit Federal Office of Veterans Affairs

The Federal Office of Veterans Affairs handles pension, disability benefits, and does corrections on errors on DD214’s. Defendants can have problems getting their disability of pension benefits due to incorrect discharge papers.

Alumni Groups and StepDown Groups

Some participants struggle to maintain their sobriety after court supervision and accountability abruptly ends at graduation. In response, alumni groups as an option for participants who could use extra or continued support from other court participants is helpful. Anticipating support and accountability falling away, some participants relapse shortly before graduation as a means to remain in the comfort of the program. Thus, many programs have also instituted step-down groups. These are groups that participants can partake in and receive support from prior to graduation. Participants may join when promoted to the final phase of the program or a specific amount of time before their scheduled graduation (for example, during their last three months of participation).

Evaluation

It will be important for you to think ahead to how you will evaluate the effectiveness and performance of your program. Funding sources will want to know why your program is worthy of funding. The quality of your evaluation depends upon accurate and thorough data collection throughout the duration of your program. A comparison group of similar offenders handled by traditional methods and/or a control group of eligible but randomly selected participants will be beneficial to have for baseline information and comparison. Your program may choose to solicit the expertise of an independent evaluator to help with the design of the evaluation and/or to conduct analyses of your data. Evaluators can be professors or graduate students from local colleges and universities or independent contractors with drug court experience.

Funding

Each court must determine its base location and how its funding will be set up. Also, the court will want to consider establishing a 501(C)(3) Corporation, which may be necessary for funding of bus passes, graduation coins, training, and written materials. Grant funding will always be considered, but there is a reluctance to accept grants that would hinder the mission of the Court, for example, current grants disallow any crimes of violence.

Grants (Awaiting Introduction as of 8/10/2010)

S. 3779: Introduced July 31, 2008 by Senators KERRY (MA), MS. MURKOWSKI (AK), and MR. DURBIN (IL), which was referred to the Committee on the Judiciary.

HR 7149: Introduced SEPTEMBER 26, 2008 by Congresspersons KENNEDY (RI), Mr.

HIGGINS (NY), and MS. SUTTON (OH), which was referred to the Committed on the Judiciary Drafting the Memorandum of Understanding (MOU)

A memorandum of understanding (MOU) describes the roles and responsibilities of each team member of a drug court program including, but not limited to, prosecuting attorney, judge, defense attorney, and treatment providers. You will need to decide to use a single MOU signed and dated by all team members or separate MOUs for each team member. The duration and terms of the MOU should be included. A sample MOU can be found in Appendix B. It may be beneficial to document the responsibilities of each team member. For example, will veteran mentors email notes regarding meeting with their veteran defendant and, if so, to whom? Local Administrative Orders (LAOs)

A trial court may issue a local administrative order (LAO) that governs the internal management of the court. A copy of the Ingham County Veterans Treatment Court LAO is included in

Appendix A.

APPENDIX A

STATE OF MICHIGAN

Administrative Order 2010 – [number] (30th Circuit Court) Administrative Order 2010 – [number] (54-A District Court) Administrative Order 2010 – [number] (54-B District Court) Administrative Order 2010 – [number] (55th District Court) Order for the Establishment of a Veterans’ Treatment Court IT IS ORDERED:

The purpose of this order is to establish a Veterans’ Treatment Court in Ingham County for the 30th Circuit Court and the 54-A, 54-B, and 55th District Courts upon approval by the State Court Administrative Office (SCAO). All policies and procedures comply with ten key components for a veterans’ treatment court, a copy of which is attached as Attachment A. Judge David L. Jordon will be designated the primary judge for the Ingham County Veterans’ Treatment Court. 54-B District Court Chief Judge Richard D. Ball will be the designated alternate judge in the event that Judge Jordon is not available.

1. The court has entered into a Memorandum of Understanding with each participating prosecuting official in the circuit or district court district, a representative of the criminal defense bar, a representative of community treatment providers and other key parties. The Memorandum of Understanding describes the role of each party. A copy of the Memorandum of Understanding is attached as Attachment B.

2. The court has established eligibility criteria as part of Attachment B. Any statement or other information obtained as a result of participating in a substance abuse or mental health assessment shall be deemed to be confidential and shall not be used in any criminal prosecution against the veteran

3. No defendant shall be admitted until a complete preadmission screening and substance abuse and/or mental health assessment completed

4. All defendants shall sign a voluntary consent to participate in the program.

5. The court shall maintain case files in compliance with Trial Court general Schedule 16, the Michigan Case File Management Standards, and Part 2 of Title 42 of the Code of Federal Regulations to assure confidentiality of drug treatment court records

Effective Date:______________________

Date:________________________ Chief Judge Signature:______________________________ 30th Circuit Court

Date:________________________ Chief Judge Signature:______________________________

54-A District Court

Date:________________________ Chief Judge Signature:______________________________

54-B District Court

Date:________________________ Chief Judge Signature:______________________________ 55th District Court

ATTACHMENT A

Ten Key Components of the Ingham County Veterans’ Treatment Court (ICVTC) Key Component #1: ICVTC integrates alcohol and drug treatment, mental health services along with justice system case processing.

ICVTC promotes sobriety, recovery, and stability through a coordinated response to veteran’s dependency on alcohol, drugs, and/or management of their mental illness. Realization of these goals requires a team-centered approach. This approach includes the cooperation and

collaboration of the traditional partners found in drug and mental health treatment courts, with the addition of the Veteran Administration Health Care Network, support organizations for veterans and their families, as well as volunteer veteran mentors.

Key Component #2: Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting the defendant’s due process rights.

To facilitate the veteran’s progress in treatment, the prosecutor and defense counsel 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 pending case. Key Component #3: Eligible defendants are identified early and promptly placed in the ICVTC program.

Early identification of veterans entering the criminal justice system is a vital part of the process of placement in the ICVTC. An arrest can be a traumatic event in a person’s life, creating an immediate crisis. It can also force recognition of inappropriate behavior out into the open, making denial of the need for treatment more difficult for the veteran. This assists the veteran in realizing the necessity for treatment.

Key Component #4: The ICVTC provides access to a continuum of alcohol, drug, mental health, and other related treatment and rehabilitation services.

While primarily concerned with criminal activity, alcohol, other drug use, and mental illness, the ICVTC team also considers co-occurring issues such as medical problems, transmittable

diseases, homelessness, basic educational deficiencies, unemployment, poor job preparation, spouse/family troubles, and the ongoing effects of war time trauma.

Key Component #5: Abstinence is monitored by frequent alcohol and other drug testing. Frequent, court-ordered alcohol and other drug testing is essential to successful completion of a treatment program. An accurate testing program is the most objective and efficient way to establish a framework for accountability and to gauge each defendant’s progress.

Key Component #6: A coordinated strategy governs ICVTC responses to defendants' compliance.

A veteran’s progress through the treatment court is measured by his or her compliance with the treatment regimen. The ICVTC rewards cooperation as well as responds to noncompliance. The ICVTC 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 defendant is essential. The judge is the leader of the ICVTC team. This active, supervising relationship 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 measures the achievement of program goals and gauges effectiveness.

Management and monitoring systems provide timely and accurate information about program progress. Along with that, program monitoring provides oversight and measurements of the program’s performance against its stated goals and objectives. Information and conclusions developed from the periodic monitoring reports, process evaluation activities, and longitudinal evaluation studies may then be used to modify program

Key Component #9: Continuing interdisciplinary education promotes effective ICVTC planning, implementation, and operations.

All ICVTC staff should be involved in education and training. Interdisciplinary education exposes criminal justice officials to veteran treatment issues. In addition, Battle Creek VA Medical Center, veteran volunteer mentors, and treatment staff are exposed to criminal justice issues. It also develops shared understandings of the values, goals, and operating procedures of the Battle Creek VA Medical Center, treatment and the justice system components.

Education and training program help to maintain a high level of professionalism and provide a forum for solidifying relationships among criminal justice, Battle Creek VA Medical Center, veteran volunteer mentors, and treatment personnel. A spirit of commitment and collaboration is also promoted.

Key Component #10: Forging partnerships among ICVTC, Veterans Administration, public agencies, and community-based organizations generates local support and enhances ICVTC’s effectiveness.

Because of its unique position in the criminal justice system, the ICVTC is well suited to develop collaborations among community-based organizations, criminal justice agencies, the Battle Creek VA Medical Cener, support organizations for the veterans and their families, and alcohol or other drug and mental health treatment delivery systems. Forming such collaborations

expands the continuum of services available to the ICVTC defendants and informs the community about veteran treatment court concepts.

ATTACHMENT B

Ingham County Veterans’ Treatment Court Memorandum of Understanding

This memorandum officially acknowledges the affiliation, relationship and understanding among the Ingham County 30th Circuit Court, 54-A District Court, 54-B District Court and the 55th District Court. We agree to share the following in the creation of the Ingham County Veterans’ Treatment Court.

Mission

Leave no Veteran Behind. Vision

Establish a specialty court which will identify those defendants who served or are serving in the United States Armed Forces to:

 Coordinate services between the Court, Probation, Battle Creek VA Medical Center and any service providers,

 Provide veteran Mentors to veteran defendants,

 Provide probation monitoring and court supervision twice monthly

 Coordinate feedback between the court, probation, Veterans Administration and any service providers and

 Treat the needs of the veteran promptly and professionally Structure of the Veterans’ Treatment Court

The Veterans’ Treatment Court may include cases from the Ingham County 30th Circuit, 54-A District, 54-B District, and the 55th District Courts with defendants who have served or are serving in the United States Armed Forces. The cases may include both felonies and misdemeanors.

By design, this specialty court will provide defendants with a structure within which to obtain the necessary treatment and feedback to minimize the likelihood of future criminal court

involvement. An important note is that the structure of this court is highly interactive. This ensures that all those invested in the process have access to each other and share information and treatment goals toward one end: Help the veteran succeed.

The person with the key role in this entire process is the veteran. His or her individual success is the overriding goal of this specialty court. The veteran’s investment and partnership in this process is vital to his or her success. Overall, this program is a unique opportunity for all involved.

Identification of Veterans

The Chiefs of Police have agreed to determine a method in which veterans may be identified upon initial contact with law enforcement officers. Often the citing officer will indicate a veteran status on the citation itself. This could then be communicated to the prosecuting official

Entry into the ICVTC

Sessions of the ICVTC will occur on the first Tuesday of each month. Additional sessions may be scheduled as they are needed. Defendants may be referred by way of the 30th District Court, 54-A, 54-B, and 55th District Courts. Defendants shall be referred at the earliest possible point in their court process.

There will not be a single specified means for entry into the ICVTC. Any judge who determines he or she has a possible candidate must first determine if the individual is an eligible veteran. A form with instructions to access this information will be provided to all courts, and will have to be faxes to the designated Battle Creek VA Medical Center office. Upon receiving notification the person is an eligible veteran; the referring court shall require the veteran to obtain a substance abuse/mental health assessment approved by the Battle Creek VA Medical Center. This may be voluntarily accomplished, but it may be accomplished by means of a bond condition as well. While different procedures may be followed on a case by case basis in the referring court, ideally a qualified candidate should be scheduled for the next available first Tuesday or second

Wednesday at 2:00pm. To help the court run smoothly, the candidate will ideally begin with a Tuesday court session, which should be set aside for pre-trials, sentencing, and some reviews. The second day should then be established for handling mainly reviews. During their session, the choice of the veteran to enter into the ICVTC would take place, and possibly a plea would be reached that day. If that did not happen, a subsequent date would be set. Upon such referral, the referring court would close its rule as “transferred to the ICVTC.”

A separate-but related issue is in those instances where there are veterans who do not have pending cases, but may appear in court seeking information and/or assistance. This occurs due to veterans talking with other veterans and spreading the words about the help they are receiving. The policy of the ICVTC is to make every effort to accommodate and assist these veterans with the appropriate information and referrals, if necessary. Depending on that veteran’s state, we also explain that the veteran mentor program and ask if they have any interest in participating on that level.

Logistics of the ICVTC Sessions

The sessions of the ICVTC will be held the first Tuesday afternoon of each month, with additional Tuesday afternoon sessions as needed. Prior to commencement of the formal court session, staff meetings will be held to address any necessary issues related to the veterans coming before the court that session. Present for each staff meeting will be the judge, probation officers; veteran mentor coordinator, veterans’ justice outreach officer, prosecution and defense attorney representatives, and such other staff as may be advisable from time to time. Written progress reports and recommendations for each veteran will be available at least one day before each session, and will form the basis for the staffing discussions. Initially each veteran will attend a court session not less than once each month, with another report to his or her probation officer in person or by mail/e-mail as may be ordered. Frequencies may be altered depending on the veteran’s progress or lack thereof.

In the formal court session, each veteran will be called by his or her probation officer, and the judge will review both positive and negative developments since the last court date with the veteran and probation officer. Once the review is completed and a new court date set, the

veteran will meet with his or her mentor privately. These interactions will be a significant part of the peer-mentoring process, and will be documented in mentor log books, which are confidential and strictly for the use of the veteran and the veteran mentor.

In the event that a veteran, who does not have open cases in the participating courts, approaches the ICVTC seeking assistance with substance abuse, mental health situations, VA benefits or other resources that the ICVTC may be involved with, the staff will make every effort to assist the veteran with the appropriate information and referrals.

The ICVTC will schedule commencements as part of its sessions as they are needed. The

veteran’s probation officer, veteran mentor, key service provider(s) and family will all be invited to attend. Prior ICVTC graduates will also be invited. Along with a certificate attesting the completion of all requirements of the ICVTC, each veteran will be presented with a challenge coin to commemorate his or her success.

Eligibility – Personal

Any honorably discharged veteran or currently serving in the United States Armed Forces, including the National Guard and the Reserves, is eligible for the ICVTC. The veteran defendant is required to live or attend college in Ingham County or within thirty miles of any Ingham County Boundary. Each candidate for ICVTC membership will be reviewed at the staff meeting prior to the ICVTC for a determination of eligibility. A candidate may be offered entry into the ICVTC if admission of the candidate to the ICVTC is shown in the discretion of the presiding judge to meet the goals and objectives of the ICVTC; however, entry into the ICVTC shall only be with the consent of the prosecutor and the candidate.

Eligibility – Charge(s)

A person that pleads guilty to or is convicted or any misdemeanor and/or a felony not excluded on the attached Exhibit 1 of this Letter of Agreement are eligible for entry into the ICVTC. Plea Bargaining Policies

Plea bargains, in contemplation of entry into the ICVTC, shall be governed by the traditional roles of the prosecutor and defense. A typical plea bargain would involve a plea be taken under advisement or to a special probationary status, e.g., 333.7411, with a Killebrew recommendation of no upfront jail time and with the requirement of the veteran access all available and

appropriate VA benefits. Upon successful completion, on a case-by-case basis, charges may either be reduced or dismissed.

Probation Overview

Defendants may be placed on probation for up to two years. They will be assigned a probation officer as well as a veteran mentor. As part of the probation, there will be standard probation conditions that the defendant is required to follow. Those conditions are as follows:

1. The defendant shall not commit any criminal offenses

3. The defendant shall report to the probation officer as directed by the court

4. The defendant shall inform the probation officer of all changes of address and changes of employment

5. The defendant shall not purchase, possess, or consume any alcohol or illegal drugs 6. The defendant will also be required to attend counseling as directed by the Battle Creek

VA Medical Center or a local agency designated by the Battle Creek VA Medical Center. The counseling could be substance abuse and/or mental health counseling. The

defendant shall comply with all requirements of the counseling programs.

7. The defendant shall complete substance abuse testing as may be ordered by the court Reviews

Case management reviews will be conducted with probation officers and treatment providers once per month. Court reviews will occur on the first Tuesday of each month, with more sessions as they become necessary. Defendants will attend at least one court review per month unless excused by the court.

Funding

The 54-B District Court will involve current employees and space to house the ICVTC. A 501(C)(3) Corporation, provisionally identified as Friends of the Ingham County Veterans’ Treatment Court, will be a necessary source of funding for such things as commencement challenge coins, but passes, training and written materials, etc.

Evaluation and Data Collection

The ICVTC will be evaluated annually. The State Court Administrative Office will assist in devising an appropriate form to be circulated to all partners. That agency will also work with ICVTC to devise appropriate data collection protocols.

Each veteran who participates will be provided a questionnaire at the conclusion of his or her probation. This information will be added to other responses for consideration at the annual review.