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What is the Veterans Treatment Court in New York City? The Process

March 21, 2024 Uncategorized

Understanding the Veterans Treatment Court in New York City

The Veterans Treatment Court in New York City is a specialized court program designed to help military veterans struggling with substance abuse, mental health issues, or other challenges. This innovative court aims to provide treatment and services rather than incarceration for eligible veteran defendants.

The Background

The Veterans Treatment Court was established in New York in 2008 in response to the growing number of veterans appearing in the criminal justice system. Studies have shown that some veterans return from combat with post-traumatic stress disorder (PTSD), traumatic brain injury, depression, and substance abuse issues that can contribute to criminal behavior.

The court seeks to address the underlying issues rather than simply punish criminal conduct. The goal is to rehabilitate veterans, reduce recidivism, and improve public safety. Over 3,400 veterans nationwide have participated in veterans treatment courts with promising results.

Eligibility Criteria

For a defendant to participate in the Veterans Treatment Court in New York City, they must:

  • Be an active military member or honorably discharged veteran
  • Have a substance abuse issue, mental health disorder, or psychological trauma from military service
  • Plead guilty to a misdemeanor or non-violent felony charge
  • Volunteer to participate and agree to the treatment plan

Violent offenders and those with dishonorable discharges are ineligible. The district attorney and judge determine admission on a case-by-case basis.

The Process

Veterans accepted into the treatment court program work closely with a team including the judge, prosecutor, defense attorney, case manager, and treatment providers. The steps generally include:

  • Assessment: A clinical evaluation is conducted to identify treatment needs. A customized recovery plan is created.
  • Court Monitoring: The participant frequently appears before the judge who monitors adherence to the treatment program. Progress is rewarded; setbacks have consequences.
  • Treatment and Rehab: This can include counseling, job training, housing assistance, medication management, or other services.
  • Graduation: After completing the program, charges may be lessened or dismissed. Graduates can also access resources to transition back into the community.

Effectiveness

Studies on veterans treatment courts have shown they:

  • Reduce substance abuse
  • Decrease recidivism
  • Improve mental health functioning
  • Increase employment opportunities
  • Save taxpayer dollars

For example, two years after enrollment, only 16% of Veterans Treatment Court participants in New York State were rearrested compared to 45% of eligible non-participants.

Getting Legal Help

Veterans arrested in New York City are encouraged to explore their eligibility for the Veterans Treatment Court program. Speaking with a criminal defense lawyer can help navigate the process. The New York City Bar Association offers referrals. Veterans may also contact organizations like New York Legal Assistance Group or New York County Defender Services for legal resources.

With this rehabilitative approach, the Veterans Treatment Court provides hope to military members who have lost their way. The program has been highly effective at helping veterans get their lives back on track and successfully reintegrate into society.

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CLAIRE BANKS

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RAJESH BARUA

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CHAD LEWIN

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