Veteran's Courts on the rise in California - not in the foothills ~ by, Charity Maness

Veterans Courts are on the rise in California with nine Veterans Courts currently operating and San Mateo County unveiling a new Veterans Court by summer 2012. These courts are in response to a rise in veterans appearing before courts to face charges stemming from mental illness or substance abuse. Research has shown that the traditional 'drug and mental' health courts do not always meet the needs of the veterans as many veterans are entitled to treatment through the Veteran's Administration.

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.