The transition from a war environment can be a challenge for returning service members. Many veterans return with physical injuries or mental illnesses, which in some cases may lead to substance abuse, violence and crime.
Throughout the United States, there are currently 229,000 veterans in jails and prisons, 400,000 veterans on probation, and another 75,000 on parole. Nearly 10 percent of the U.S. prison population is made up of veterans.
To help address the growing problem in South Dakota, specialty courts have been created in several counties to offer military veterans who break the law mentors and services instead of jail time. Known as Veterans Treatment Court, it is designed to help struggling veterans get their lives back on track after an arrest.
The goal of the court is to help rehabilitate veterans and keep them from offending again.
South Dakota’s first Veterans Court was piloted in Codington County last year, with a second court starting in Minnehaha County in January, and plans are underway for a third in Pennington County.
Proponents for the program say the court system has seen a growing number of criminal cases involving veterans battling drug and alcohol addiction and mental health disorders.
Second Circuit Magistrate Judge John Hinrichs, who helped implement the court in Minnehaha County, estimates since 2014 about 1,000 criminal cases in Minnehaha County have involved veterans. Many of their struggles are a direct result of time spent serving in the armed forces, he said.
“We owe it to [veterans] to give them the best possible result and outlook when they come through the criminal justice system,” said Hinrichs, during the signing of the “Memorandum of Understanding and Commencement,” for Minnehaha County in Sioux Falls.
South Dakota Army National Guard State Command Sgt. Maj. Jim Hoekman, who has deployed twice, has seen the effects war can have on a returning veteran.
“I know personally Soldiers who have suffered from PTSD, from traumatic brain injury, from substance abuse and depression,” said Hoekman, during the signing of the MUC. “At the time, they were too proud to ask for the help and they self-medicated.”
Hoekman, who recently retired as a captain in the Minnehaha Co. Sheriff’s Office, has been a strong advocate for the new court and stresses there is much need for the program.
“There is a link between the stress of military service and involvement in the court system,” said Hoekman. “There are a growing number of veterans appearing in court rooms with substance abuse issues. Veterans Treatment Courts present an opportunity for us to come to the aid of the men and women in uniform who are suffering as a result of their sacrifice to this country.”
The implementation of the new court came after several years of research by county judicial and law enforcement officials who began studying ways to help veterans who break the law. The state’s latest specialty court will hear misdemeanor and low-level felony cases involving veterans.
However, court officials say the program is not a get out of jail free card.
Each veteran would attend an 88-week program. During that time, they would have to make all court appearances and be tested for drugs and alcohol – just like anyone else going through the court system. Participants would also be paired with a mentor who also served in the armed forces, to encourage them and keep them accountable.
To be eligible for the program, veterans would first have to go through a screening process to ensure their problems are connected to their military service. Court officials say violent offenders will not be allowed into the program because there is still an obligation to keep the community safe.
In order to graduate from the program, veterans must demonstrate that they can be productive members of society.
Hoekman says the program is designed to set veterans up for success for after graduation.
“The program is structured to facilitate participant sobriety, increase compliance with treatment and other court ordered conditions, improve access to Veterans Administration benefits and services, improve family relationships and social support connections and improve life stability,” he said.
The country’s first veterans’ court was created in Buffalo, New York, in 2008. Since then about 200 have been established across the country.
Hoekman said Veterans Treatment Courts have had the highest rate of success compared to all other specialty courts across the country.
Court officials agree and say vet courts have a 90 percent success rate to rehabilitate veterans and improve public safety.
“Better results means them not offending again, them becoming law abiding citizens…That’s ultimately what we hope,” said Second Circuit Judge Mark Salter.
“This is where you get to the root of the problem,” added Hoekman. “You treat and correct the problem and make this person a successful member of society. It’s one step closer in helping vets make a smoother transition into society.”
Even with all the success veterans courts have shown, challenges still lie ahead.
“There will be challenges because the program is very regimented and you are trying to change behavior,” said Hoekman. “But as data has shown, it is worth it because of the high success rate of veterans who complete the program.”
The biggest obstacle however may be getting veterans to come forward.
“We have to inform the veterans and public that asking for help is a sign strength and not a weakness,” said Hoekman. “Veterans have earned these benefits and we have to stop the stigma that if you enter the criminal justice system it automatically makes you a bad person with nothing left to give to society.
“There is a process,” continued Hoekman. “They have to self-report that they have served in the military and meet additional criteria to be in the program. It all comes down to communication with the courts.”
To be eligible for the program, veterans must meet the following criteria.
• The veteran must be charged with or have been convicted of a criminal offense in the county and that case must form the basis of the veteran’s participation in Veteran’s Treatment Court.
• The veteran cannot have been charged with murder, manslaughter, rape, or felony sexual assault.
• The veteran must have been diagnosed with a mental illness or treatable behavioral disorder such as (but not limited to) post-traumatic stress disorder, traumatic brain injury, and/or substance abuse or dependency. During the screening process, a nexus between the illness or disorder and the veteran’s service must be established to a reasonable degree.
• The state’s attorney must consent to the veteran entering the Veterans Treatment Court.
• After a screening process, the Veterans Treatment Court Team must approve the admission of the veteran to Veterans Treatment Court.
• The veteran must pose no risk or danger due to uncontrollable behavioral problems.
• Eligibility for Veteran’s Administration benefits is not a prerequisite for an individual to be admitted to Veterans Treatment Court.
Hoekman says he’s seen the results and is confident in the success of the program.
“Veterans change their demeanor and attitude, have a renewed sense of pride, accomplishment and motivation, leave the program sober and stable and many have their charges reduced, dismissed or receive a sentence that does not include incarceration,” said Hoekman.
Just as veterans have fought for their country, the Veterans Treatment Courts serve as a way for the criminal justice system to do its part in fighting for the nation’s veterans – helping them to overcome the issues and obstacles in their lives and return to an honorable and productive lifestyle.
“Veterans have raised their hands and volunteered to protect our country, our Constitution, and its citizens,” said Hoekman. “We owe it to the veterans, who as a result of their service have entered the criminal justice system, to help them become successful law abiding citizens in our state.”
| Date Taken: | 01.15.2016 |
| Date Posted: | 03.03.2017 18:21 |
| Story ID: | 225667 |
| Location: | RAPID CITY, SOUTH DAKOTA, US |
| Web Views: | 302 |
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This work, Specialty court aims to help struggling veterans, by LTC Anthony Deiss, identified by DVIDS, must comply with the restrictions shown on https://www.dvidshub.net/about/copyright.
