Americans took time Tuesday to salute women and men who have served in the military. For many, Veterans Day is an opportunity to declare appreciation for those who 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 those returning might have mental health problems, such as post-traumatic stress disorder and depression, and 25 percent also 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 help those who served.
The Judiciary and dignitaries celebrated 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 such as Ibarra described it is a place where respect is given, honor can be restored and justice served.
Part of a nationwide movement and 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, where there has yet to be a graduate, Ibarra said. The second in the state, the Big Island Veterans Treatment Court, was 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 said.
Also key was an approximately $300,000 federal Bureau of Justice Assistance grant to the Judiciary, which will be distributed during three years to fund the hiring of a probation officer, as well as provide team training, mental health services, drug testing, and other services not covered by the VA, said Grayson Hashida, Big Island Drug Court and Big Island Veterans Treatment Court coordinator.
The first Big Island Veterans Treatment Court participants likely will begin the program in a couple of weeks as the team is in the process of identifying those eligible. The program strives to have 12 veteran participants the first year and 12 more next year, Hashida said.
To be eligible, a veteran must be 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 they are 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.
Participants are intensely supervised and required to make regular court appearances, as well as mandatory attendance at treatment sessions and frequent and random testing for substance use. The resources and treatment services are designed to help the veterans get healthy, find jobs, and return to being law-abiding citizens.
During meetings with the judge and team, Ibarra said every aspect of a participant’s life is addressed in a nonadversarial approach, one that’s encouraging and advocating for the individual’s progress. Prosecution and defense counsel aren’t there to argue particular sides when promoting public safety and protecting the participant’s due process rights. Instead, they’re offering troubled veterans a path back to productive lives in their communities. The judge 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 challenges and factors that might have contributed to the alleged criminal behavior. The court pairs them with trained mentors, ideally other veterans, to voluntarily support the defendants through recovery. Local veterans organizations will be contacted about this mentoring opportunity. However, others interested in volunteering as mentors are welcome and should contact Hashida, who can be reached at 443-2201 or Grayson.K.Hashida@courts.hawaii.gov.
Incentives, such as gift certificates and loans from the Friends of Big Island Drug Court, are given to those making progress. When a participant graduates from each phase or meets a goal, it’s not unusual for the judge to come off the bench and congratulate them or another team member to do so, Ibarra said.
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 achieved the goals and graduates, the case is disposed. But if veterans drop out of the program, they’ll face trial and consequences on the original criminal charges.
Email Carolyn Lucas-Zenk at clucas-zenk@westhawaiitoday.com.
