States can facilitate the development of Veterans Treatment Courts through legislation that supplements existing drug and mental health court statutes.
Rand Corporation reported as of 2008, 31 percent of the 1.8 million who have served in Iraq and Afghanistan have a service-related mental health condition or traumatic brain injury.
A 2002 U.S. Department of Justice report indicated that veterans comprise 9.3 percent of all persons incarcerated — 70 percent were in jail for nonviolent offenses; 82 percent of veterans in jail were eligible for Veterans Administration services (65 percent honorably discharged and 17 percent general discharge with honorable conditions); and 18 percent of jailed veterans had been homeless.
Key message
The Veterans Treatment Courts program is an innovative and effective means for veterans with mental health or substance addiction, to obtain treatment and services to resolve outstanding criminal offenses and stabilize their lives. The VTCs show great promise in helping these service members transition back to their communities and families in a healthful and productive manner.
Discussion points
In addition to an opportunity to reduce veteran recidivism and potential costs of incarceration to the community, DoD views VTCs as an option to reduce potential suicides. DoD advocates states promote VTCs focused on treatment, not governed by policies that unduly restrict participation and accessible to largest extent possible.
Focus on treatment
- Coordinates with state and federal Veterans Administration, veteran service organizations, community-based service providers, and local agencies to assess the needs of and provide veterans with appropriate housing, treatment, services, job training and benefits
- Includes mentoring sessions with other veterans
- Provides the potential of having all qualifying charges reduced or dismissed, including where appropriate, more serious charges as an incentive to complete treatment
Open selection to the extent possible
- Open to veterans and members of the military services — active duty, National Guard and Reserve Components
- Not limited to just veterans and service members with combat experience
- Based on criteria that prudently considers service discharge and prohibited offenses to optimize treatment opportunity for the veteran, as well as to ensure the safety of the veteran's family and the community
- Selected by a team of court members including prosecuting and defense attorneys
Accessibility of VTCs through state court systems
- Having an overarching statute or court policy encouraging jurisdictions to establish VTCs
- Having courts or plans for courts covering major metropolitan centers
- Allowing cross-jurisdictional authority to maximize opportunities for veterans to participate in and to take full advantage of available treatment services
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Best Practices
For legislative best practices on facilitating the development of veterans treatment courts, view Veterans Treatment Courts Best Practice (PDF).
