Penal Code section 1170.9, amended by the California State Legislature in 2006, allows the courts to divert into a program any veteran who was a member “of the military forces of the United States who served in combat” and “suffers from post traumatic stress disorder, substance abuse, or psychological problems as a result of that service.” Veterans Court is a collaborative court/treatment court. It is a post-plea program, not a diversion program.
Eligibility requirements must be met and exclusions are made for violent crimes. Defendants are placed on probation for 18 months and are required to complete whatever VA programs are deemed appropriate for each individual. It is a collaborative process including a judge, representatives from the probation department, mental health and veteran’s administration, a district attorney, a public defender, and a liaison between the court and the V.A. The process not only helps to catch the combat veterans that fall through the judicial cracks ensuring they receive the services they are entitled to receive as veterans but relieves some of the financial strain on treatment from the County level to the Federal level through the use of programs offered through the VA.
California's 2.3 million veterans make up more than 6 percent of the state's population, the largest vet population in any state. While there is no data to support that veterans are more likely to be arrested, a large percentage of those that are in the criminal justice system struggle with mental health and or substance abuse issues. A 2000 Bureau of Justice Statistic report found that 81% of all justice involved veterans had a substance abuse problem prior to incarceration, 35% suffered from alcohol dependency, 23% were homeless at some point in the prior year and 25% were identified as mentally ill. The Department of Corrections estimates the incarcerated veteran population in California to be approximately 3%, claiming the percentage to be down from 9% four years ago. However that data is not consistent with some facilities that track veteran populations, such as San Quentin where the veteran population averages 11%.
Though Calaveras County has a veteran population of approximately 5, 500 (almost 10% of the county’s population) and Tuolumne has a veteran population of approximately 8,750 (with a possible 1,500 undocumented between the two counties) neither county is working on establishing a Veteran’s Court. The number of veterans incarcerated within the two counties is not available. According to representatives within the Sierra Conservation Center in Jamestown and the Mule Creek State Prison in Ione neither of the facilities track the veteran population in their facilities.
Hugh Swift, Calaveras County Superior Court Executive officer, stated that Calaveras County currently has no plans to start a Veteran's Court. "I realize veterans face unique challenges both in and out of the criminal justice system. In rural areas such as Calaveras County, these challenges may be compounded by the lack of nearby veteran’s services, such as VA hospitals or other health services. The lack of services in the county may also provide some barriers to establishing a veteran’s court here."
According to Frank Smart of the Tuolumne County Veteran Affairs Office dialogue between himself and Tuolumne Court Executive Officer Jeanne Caughell has occurred regarding the issue of a Veteran's Court yet at the time of this article no response had been resceived by any Tuolumne County Superior Court representative. With such a large percent of the county’s population being veterans, Smart feels it is imperative to begin the process of forming a veteran's court.
With the recent passage of AB109, the criminal justice alignment assembly bill designed to reduce the number of low-level inmates in the prison system, Calaveras and Tuolumne counties could benefit not only financially but morally by beginning a triage to cut their prison populations by identifying Veteran’s, giving them the treatment they deserve and evaluate those which are safe to release.
By, Charity Maness
