Thousands of Americans will take time today to salute those who have served in the military. For many, Veterans Day is an opportunity to declare appreciation for those who have selflessly put their lives on the line to preserve liberty, freedom and the greater good.
While acknowledgement goes a long way, it isn’t always enough. Of the 1.64 million troops that have been deployed since 2001 to Afghanistan and Iraq, 25 percent of the returning military may have mental health problems, such as post-traumatic stress disorder and depression, and 25 percent have substance abuse problems. Too often those afflicted with service-related health problems and difficulties transitioning to civilian lives turn to drugs or alcohol for comfort or to cope — a combination that tends to lead to the criminal justice system. One out of every nine incarcerated people nationwide are veterans, said Deputy Public Defender Ann Datta.
On Hawaii Island, there are approximately 15,654 veterans and 34 are on probation.
“It’s not a Judiciary problem only,” said 3rd Circuit Court Judge Ronald Ibarra. “It’s a community problem; it’s an all-of-us problem.”
A new specialty court program is the latest solution to the problem and it comes with a team of partners ready to serve those who have served.
The Judiciary and dignitaries celebrated on Monday the start of the Big Island Veterans Treatment Court, which offers a second chance for veterans charged with a misdemeanor or nonviolent felony. Speakers like Ibarra described it is a place where respect is given, honor can be restored and justice served.
Founded on evidence-based principles, veterans treatment courts are a hybrid of drug court and mental health court. There are 104 veterans treatment courts in the U.S. and even more in the planning stages, Datta said.
Hawaii’s first-ever veterans treatment court started last year on Oahu. The second in the state, the Big Island Veterans Treatment Court, has been made possible thanks to “the commitment, dedication, creativity, perseverance, and collaboration” of the Offices of the Prosecuting Attorney and the Public Defender, Hawaii Police Department, Hawaii Community Correctional Center, state Department of Public Safety, Veterans Administration, nonprofit Friends of Big Island Drug Court and other Big Island organizations. Integral to the program’s success is the combination of “a holistic approach with community support,” Ibarra added.
Also key was a $300,000 federal Bureau of Justice Assistance grant to the Judiciary, which will be distributed over three years to fund the hiring of a probation officer and provide training and other mental health services not covered by the VA, said Grayson Hashida, Big Island Drug Court and Big Island Veteran Treatment Court coordinator.
New York Judge Robert Russell started the first veterans treatment court in 2008 because of his concerns and desire to do something about the influx of veterans suffering substance abuse and mental health issues. Since then, the courts have been effective in their methods and efforts to address the unique, complex issues of veterans while also protecting the community. The mission is “to help veterans in the judicial system build positive, constructive lives while still holding them accountable for their conduct.” Goals include promoting public safety by reducing recidivism; reducing jail admissions and average length of incarceration; shortening the response time of the judicial system; and enhancing collaboration between the judicial system, law enforcement, substance abuse treatment agencies, health care providers, social services and other partners, Datta said.
The first Big Island Veterans Treatment Court participants will likely begin the program in a couple weeks as the team is in the process of identifying those eligible. The program is strives to have 12 veteran participants the first year and 12 more next year, Hashida said.
To be eligible, a veteran must be age 18 or older; charged with or convicted of an offense punishable by a term of imprisonment exceeding one year; be a nonviolent offender; require treatment for substance abuse, mental health or neurological/brain trauma issues; and be considered high risk for recidivism.
Veterans cannot be in the program if charged with or previously convicted of an offense during which a firearm or other dangerous weapon was present; have a prior conviction for a Class A felony; and are a sex offender, said Deputy Prosecuting Attorney Carol Kitaoka.
During meetings with the judge and team, Ibarra said every aspect of a participant’s life is addressed in a non-adversarial approach, one that’s encouraging and advocating for the individual’s progress. The judge also regularly monitors each veteran’s success in achieving certain goals, such as job training, finishing school, family counseling or reunification, accessing veterans benefits, doing treatment, and obtaining necessities of life.
“While the results from the drug tests are important, it’s really the least of my concerns,” Ibarra said. “What matters most is how they are living in the community. The goal of this program is not to make sober criminals; it’s to address the criminal behaviors and help these veterans in meaningful ways.”
Participants are not alone when facing the factors that may have contributed to the alleged criminal behavior. The court pairs them with trained mentors who voluntarily support the defendants through recovery. Those interested in volunteering as mentors may contact Hashida at 443-2201 or Grayson.K.Hashida@courts.hawaii.gov.
To graduate, participants must have no positive drug test for a minimum of 90 days; no unexcused absences from treatment; successful completion of all phases; be employed, in school or doing community service; stable housing for 10 to 12 months; have relapse prevention and transition plans; complete a graduation interview; and make full payment of restitution. If the judge determines a veteran has achieved the goals and graduates, the case is disposed of. But if veterans drop out of the program, they’ll face trial and consequences on the original criminal charges.