HAMILTON COUNTY MUNICIPAL COURT VETERANS TREATMENT COURT A SPECIALIZED DOCKET SERVING THE NEEDS OF UNITED STATES VETERANS _________________________________________________________________ PRESIDING: The Honorable Melissa Powers Participant Handbook Guidelines and Program Information Index Welcome to Hamilton County Common Pleas Veterans Treatment Court Page 3 What is Veterans Treatment Court What’s in it for me? Rules of Veterans Treatment Court Phases of Program / Graduation Treatment Team Participant Contract Page 4 Page 5-6 Page 7-8 Page 9-11 Page 12 Attached For more information contact: Greg Street Hamilton County Pre-Trial and Community Transition Services (513) 946-6158 Kieran Hurley, Esq. Program Coordinator Hamilton County Common Pleas Veterans Treatment Court 909 Sycamore Street, 4th Floor Cincinnati, Ohio 45202-1306 (513) 618-4215 Fax: (513) 352-1345 2 Welcome to the Hamilton County Common Pleas Veterans Treatment Court This handbook is designed to: 1. Answer questions 2. Address concerns 3. Provide information about Veterans Treatment Court This program can help you with benefits, treatment, and housing. It can also help you reconnect with family, employment, and meaningful relationships. Participants in Veterans Treatment Court must follow the instructions of the Judge and follow the treatment plan developed by the treatment team. This handbook explains what is expected of you. It also provides program information. If you are thinking about Veterans Treatment Court, your acceptance is based on your treatment needs and problems with the law. We will ask you about your willingness to participate in treatment for trauma, substance use, and mental health care. Ask your Defense Attorney or Kieran Hurley, Program Coordinator, to explain to you anything in this handbook that you do not understand. 3 What is Hamilton County Municipal Court Veterans Treatment Court? Veterans Treatment Court is a court-supervised treatment program whose goal is to help you address the issues that led to contact with the criminal justice system. The program is voluntary and includes regular court appearances before the Veterans Treatment Court Judge. The Veterans Treatment Court Judge supervises your progress in the program. A final decision of acceptance to the program is made by the Judge with the help of the treatment team. Key Components of the Veterans Court: Honor the service of Veterans through providing a comprehensive treatment based program. Ensure that Veterans receive effective treatment and access to community resources available to him or her. An individual treatment plan for each participant to address needs, barriers and goals. The treatment plan will include evaluations and assessments to determine the most effective treatment for the Veteran. Each Veteran has a support team dedicated to helping the Veteran achieve their goals. The support team includes other Veterans, treatment providers, Court staff, and the Veteran Peer Mentor Support Program. Each Veteran will come to court regularly to see the Honorable Judge Melissa Powers. Veterans are required to appear weekly or bi-weekly during the initial phase of the program. Veterans will be required to appear less often as they progresses through the program. As you make progress in your treatment, your attendance may be reduced to every third week or monthly at the discretion of the Judge. Frequent random alcohol & drug testing throughout the program (may be ordered through probation and/or treatment providers). Veterans must follow the rules of Probation and orders of the Veterans Treatment Court. What do I have to do? Participants are required to sign a contract in court. The contract is an agreement between you and the Judge. The contract explains what is expected of you and the consequences for noncompliance. Before you sign the contract, you will review it with your Defense Attorney and have any additional questions answered or clarified. A copy of that participant contract is attached at the end of this handbook. 4 What’s in it for me? A New Beginning Joining the Veterans Treatment Court means that you want to improve your life. You will work closely with the Treatment Team and Judge to achieve your goals. Veterans Treatment Court provides a treatment centered atmosphere and works with Veterans to address their individual needs. If you take advantage of the assistance offered you will discover many ways to make a better life for yourself. Veteran Peer Mentoring Program The Veterans Treatment Court relies on cooperation between the criminal justice system, the Department of Veterans Affairs and community treatment agencies to provide comprehensive treatment for Veterans. The Court also relies on a unique component - Veteran Peer Mentors. Veteran Peer Mentors are part of the Court’s team and provide advice, personal experiences, recommendations and guidance to participants of the Court. These volunteers include, but are not limited to, Veterans who have served in Vietnam, Korea, Operation Desert Storm/Shield, Operation Enduring Freedom, and Operation Iraqi Freedom. These men and women volunteer their time to work with our participants. The mission of the Peer Mentoring Program is to ensure that every Veteran receives the services they need by helping them navigate the system and acting as a mentor, advocate, and ally. Recognition of Compliance and Success Veterans Treatment Court acknowledges success and offers incentives in the following ways: Encouragement and praise from the Judge; Ceremonies and tokens of progress, including advancement in specialized docket phases; Reducing supervision contacts; Decreasing frequency of court appearances; Reducing fines or fees; Increasing or expanding privileges; Encouragement to increase participation in positive activities the participant finds pleasurable, such as writing, art work, or other positive hobbies; Assistance with purchasing clothing for job interviews; Gift cards for restaurants, movie theaters, recreational activities, or personal care services; Dismissing criminal charges or reducing the term of probation; Reducing or suspending jail or prison days; Graduating from the specialized docket. 5 Opportunity Veterans Treatment Court provides you the opportunity to: Develop job skills; Connect to available services at the VA and other community resources; Rebuild family and community ties; Live a drug and crime free life; Access benefits; Engage in treatment rather than incarceration; Stabilize your living situation; Connect with Veteran Peers living in the community; Return to school; and/or Return to work. How long will I be involved with the Veterans Treatment Court Program? When you successfully complete all phases of treatment, you become eligible to graduate from the program. Each person will work with treatment providers and the Court toward successful completion of the program at their own pace. The program may last for the period of community control. 6 Rules of Veterans Treatment Court – Graduated Sanction To remain in Veterans Treatment Court, you are required to follow these rules: 1. Stop the use of illegal, non-prescribed drugs. You are required to comply with regular drug testing. The Veterans Treatment Court Judge has access to all drug test results. Failure to provide a sample, submitting a sample of another individual, and adulterated samples will be deemed a positive test and immediately sanctioned. Although relapse may occur in recovery, a positive or "dirty" test will result in a court-imposed sanction. 2. Appear in court as scheduled. You are required to appear in front of the Judge on a regular basis, as often as one time per week (during Phase 1). The Judge is given progress reports regarding your attendance and participation in your treatment programs. The Judge will ask you about your progress and discuss any problems you may be having. 3. Follow your individualized treatment plan. You and the treatment team, following an assessment of your needs, will develop an initial treatment plan. This plan will guide your treatment. You set goals and create a plan to meet those goals. The plan is updated as you progress through the program. 4. Attend all appointments with your case manager, treatment providers, probation officer, and support services. As part of your treatment plan you may be required to participate in counseling. Counseling may help with self-awareness, self-discipline, and coping mechanisms necessary to maintain a clean, sober, and productive lifestyle. You may be required to attend groups such as anger management, parenting, or any other area you or the treatment team identify as needed. Your attendance at counseling sessions is reported to the Judge as part of your progress report. You must have prior permission from your counselor to be excused from a counseling session. 5. You are responsible for being at all appointments on time. 6. Maintain compliance with medications as prescribed to you by your psychiatrist and/or primary physician. 7. Follow the orders of the Judge and recommendations of the Veterans Treatment Court Team. 8. Follow the rules in the Participation Contract and with Hamilton County Probation. Failure to comply with these rules, the Participant Contract, the orders of the Judge, or the commission of a new criminal act will result in immediate and graduated sanctions and may result in termination from the program. 7 LIST OF GRADUATED SANCTIONS: 1. More frequent appearances before the Judge; 2. More frequent appearances before the probation department; 3. Increased testing of breath, blood or urine for drugs or alcohol; 4. Increased group and/or meeting attendance; 5. Verbal admonishment from the Judge; 6. Written reports; 7. Community service work; 8. One or multiple days seated in the courtroom; 9. Electronic Monitoring, (EMU); 10. Jail time; 11. Formal probation violation; and/or 12. Termination from the Veterans Treatment Court program REMEMBER: Termination or voluntary withdrawal from Veterans Treatment Court will result in sentencing on the charges to which you pled. This program is designed for individuals who want to engage in treatment, stop the cycle of criminal behavior, and abstain from the use of drugs. Your active participation in the process is essential to your success. 8 Veterans Treatment Court Program Phases & Graduation The Veterans Treatment Court has four phases lasting approximately 12 months. Each phase has treatment objectives, therapeutic and rehabilitative activities, and specific requirements for advancement into the next phase. Your progress through the program is based upon your individual performance in the treatment plan and compliance with the program phases. Orientation - Introduction, assessment, and assimilation Length: 30 to 45 days During Orientation, you will be assigned a Probation Officer. Your attorney will provide you with an overview of the program. Your needs will be assessed and addressed by the treatment team. Your progress will be closely monitored by the treatment team and reported to the Judge. Orientation Phase requirements may include: 1. Referral to VA or community treatment services for assessment to address substance use and/or behavioral health needs; 2. Regular and Random Drug testing; 3. Attendance at Veterans Treatment Court docket as often as one time per week. 4. Attendance at groups and/or self-help meetings, if applicable; 5. Reporting to your Probation Officer; 6. Identifying your goals (may include housing, treatment services, education or vocational training) 7. Formal admission to the program – sign contract and complete plea. Phase I – Orientation Phase Length: a minimum of 60 days In Phase I, your treatment plan will be developed by you and the Treatment Team. You will make personal achievement goals in addition to treatment plan goals (GED, vocational/educational, counseling, psychotherapy, exercise, anger management, parenting skills, etc.) Phase I requirements include: 1. Involvement in treatment as directed; 2. Regular and Random Drug testing; 3. Taking medication as directed by medical and/or mental health professionals; 4. Attendance at all scheduled treatment appointments; 5. Reporting to your Probation Officer; 6. Formulation of personal goals with the assistance of the treatment team (GED, vocational/educational counseling, psychotherapy, exercise, anger management, parenting skills, etc.) 7. Weekly or bi-weekly court appearances as determined by the Veterans Treatment Court Judge. 8. Consistent financial payments to Probation as determined by the Court 9. Connection to an assigned Veteran Peer Mentor. 9 Phase II – Stabilization Phase Length: a minimum of 90 days In Phase II, your treatment plan will be updated by you and the treatment team to identify your treatment goals and objectives. Counseling and meetings will focus on areas that are challenging for you, and will identify ways of coping with stressful situations. Phase II requirements include: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Establish and maintain treatment attendance and participation. Submit to all drug testing Attend all scheduled meeting with probation officer Regular contact with Veteran Peer Mentor Attend all scheduled Veterans Treatment Court dockets (bi-weekly or every three weeks) Clean and sober recreation/fellowship Ongoing review and updating of the treatment plan Identify goals related to employment, education, benefits, community service, and/or healthy activities. Consistent financial payments through Probation for any costs and/or restitution. Strengthening relationship with Veteran Peer Mentor Identify housing options if not already in place. Phase III – Community Reintegration Phase Length: a minimum of 90 days Phase III will address your ongoing recovery needs including maintaining abstinence from drugs. This phase is designed to support you in your return to the community as a productive and responsible member. Phase III requirements include: 1. 2. 3. 4. 5. 6. 7. 8. 9. Continued counseling and treatment services as directed Submit to all drug testing Attendance at self-help meetings and maintenance of a sponsor, if appropriate Report to your Probation Officer as instructed Maintain employment and/or progress toward an educational goal or community service Appear for all scheduled Veteran Treatment Court dockets as directed by the Judge (Required to attend 1 to 2 times per month). Consistent financial payment to Probation, and other agencies as determined by the treatment team Maintain safe and stable housing. Update treatment goals to reflect progress. 10 Phase IV – Maintenance Phase/Graduation Length: a minimum of 60 to 90 days Phase IV will help you successfully transition from a lifestyle within the Veterans Treatment Court structure to a lifestyle more representative of what participants will experience following graduation. Phase IV requirements include: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Continued counseling and treatment as directed Drug tests conducted on a random basis or as directed by the Court Maintain connection to self-help support if appropriate Report to your Probation Officer as directed Update treatment goals to address graduation and goals beyond this program. Maintain full-time employment and/or actively pursue vocational/educational goals, or community service Appear in court for progress reviews an average of one time per month Continue established Peer Mentor relationship Consistent financial payment to Probation to address any outstanding costs, fees or restitution. Preparation of graduation application When you complete the program phases, the Veterans Treatment Court will honor your achievement at a graduation ceremony. This is an opportunity for our Veterans to be recognized for their achievements and for the Veterans to acknowledge their families and loved ones. 11 Veterans Court Treatment Team The Veterans Court Treatment Team is composed of a dedicated group of professionals who are committed to your success in the program. Team members include: Municipal Court Judge: The Judge will determine acceptance into the program, supervise ongoing compliance with the treatment team, and make final determinations as to phase advancement, sanctions, rewards, termination and graduation from the program. Veterans Healthcare Administration: Provides residential and ongoing outpatient treatment to qualified Veterans. Services may include treatment for PTSD, TBI, Substance Abuse, physical health needs, and mental health needs. The Veterans Justice Outreach Specialist shall be the primary treatment team contact between the Court and the Veterans Healthcare Administration. Veterans Benefits Administration: Provides the treatment team with access to information related to Veterans’ eligibility for services through the VA system and assists participants with accessing benefits. Hamilton County Adult Probation: Hamilton County Probation shall have designated Probation Officers who will attend treatment meetings, court hearings, and be involved in the creation and implementation of treatment and supervision plans. Program Coordinator: The Program Coordinator will work in conjunction with all treatment and criminal justice providers to assist with accessing resources, coordinating services and managing the administration of the Docket. Hamilton County Prosecutor The Prosecutor reviews all referrals for legal eligibility and works closely with the Defense Attorney, Judge, and service providers to monitor the progress of participants throughout all phases of the program. Hamilton County Public Defender / Defense Attorney A participant may be represented by either a Public Defender or privately retained counsel. Defense counsel will work collaboratively with the team and provide legal counsel to the participant throughout the program. Hamilton County Pre-Trial and Community Transition Services Provides screening and engagement services to individuals processed through the Hamilton County Justice Center. Pre-Trial staff provides initial connection to community services and linkage to VA, Mental Health Court, Drug Court, and Veteran’s Treatment Court programs. Volunteer Peer Mentor Coordinator Responsible for training, supervising and maintaining the Veteran Peer Mentor Program. 12 HAMILTON COUNTY MUNICIPAL COURT VETERANS TREATMENT COURT PARTICIPANT PERFORMANCE CONTRACT PARTICIPANT:_______________________________ Case No.:_____________________ DATE: JUDGE ______________________ _________________________________ I agree to enter the Hamilton County Municipal Veterans Treatment Court. I understand and agree that I have certain obligations and responsibilities and will have to follow orders from the Judge, Treatment Team and others involved in the Veterans Treatment Court Program. The defendant acknowledges that he/she consulted with his/her attorney regarding the legal ramifications of entering into the Veterans Treatment Court Program and reviewed this document with his/her attorney. MY RESPONSIBILITIES ARE: 1. I will report as directed by the Judge. I will keep appointments for: o Court o Treatment o Case Management o Probation o Support Groups o All other appointments ordered by the Court o I understand that I will appear before Probation Staff and the Veterans Treatment Court Judge on a regular basis with counsel to report on progress in the program and that I am subject to sanctions for failure to comply with the rules of the program. 2. I will take my medication as prescribed. I must make the Veterans Treatment Court Treatment Team aware of all medications that I am prescribed. 3. I will allow and cooperate with home visits from my probation officer, case manager and any other designated Veterans Treatment Court team member or designated representative. 4. I will obey all city, state and federal laws. If I take part in any criminal act, I may be revoked from Veterans Treatment Court. I will tell my Probation Officer immediately if I have any law enforcement contact. I understand that I am also required to follow all rules of Hamilton County Probation. 5. I will not use or possess any illegal drugs. I will submit to drug testing when instructed. I understand that if I fail to submit to a drug screen, tamper with the urine specimen, if the urine is diluted, or if I fail to provide a sufficient quantity of urine, I will be sanctioned as if the test provided was positive for illegal substances. 6. I will talk to my Probation Officer and Case Manager before I make changes in address, phone number or employment. 13 7. I will comply with all financial obligations, including restitution, fines, Court costs, probation service fees and child support as directed by my probation officer and/or the Veterans Treatment Court Judge. 8. I will follow any rehabilitation, educational, vocational, medical, psychiatric, or substance abuse treatment program assigned by the Court. 9. I will sign all releases of information needed by Veterans Treatment Court, treatment providers, VA, and other resource providers. I understand there is a purpose and need for the disclosure of information to inform the Veterans Treatment Court Program of my attendance and progress in treatment. The extent of information to be disclosed will include, but not be limited to, my diagnosis, information about my attendance or lack of attendance at treatment sessions, my cooperation with treatment programs, my prognosis, and my drug and alcohol screens. 10. I will cooperate and comply with my supervision plan and any subsequent or amended supervision plans. The Veterans Treatment Court Judge will impose requirements on me at time of sentencing or as sanctions for program violations. The participant understands that by entering into the Veterans Treatment Court Program that he/she is waiving certain constitutionallyguaranteed rights which he/she might otherwise be entitled. Those rights include, but are not limited to: a. b. c. d. Waiver of any objection to the Judge receiving communication regarding participant’s treatment, progress and rules violations; Waiver of the right to contest the results of drug and alcohol testing results at review hearings; and Waiver of the right to remain silent and not to incriminate himself/herself at the review hearings regarding violations of the rules of the Veterans Treatment Court Program. Waiver of the right to freely associate with other persons who, in the sole discretion of the Court, interfere with or impede the recovery of the participant. 11. I understand that immediate action may be taken before the weekly staffing if I: o Don’t keep an appointment ordered by the Court (unexcused absences). o Don’t comply with instructions from treatment providers or Veterans Treatment Court team members. o Test positive for any non-prescribed drugs. o Violate court orders or break the law. 12. The participant shall be subject to sanctions which may be imposed by the Court in furtherance of treatment. Sanctions shall be imposed by the Court as a result of noncompliance or a rule violation by the participant. The participant is aware that the Court will be alerted to all such infractions. Sanctions may range in severity depending on the seriousness of the participant’s non-compliance or rule violation. Sanctions may include, but are not limited to: 14 1. More frequent appearances before the Judge; 2. More frequent appearances before the probation department; 3. Increased testing of breath, blood or urine for drugs or alcohol; 4. Increased group and/or meeting attendance; 5. Verbal admonishment from the Judge; 6. Written reports; 7. Community service work; 8. One or multiple days seated in the courtroom; 9. Electronic Monitoring, (EMU); 10. Jail time; 11. Termination from the Veterans Treatment Court program; and/or 12. Formal probation violation. 13. I will cooperate with all treatment and services outlined in my Veterans Treatment Court treatment plan and any subsequent or amended treatment plans. 14. I understand that the length of the program is determined by my progress and compliance with program guidelines, rules and conditions. I must successfully complete all phases of the program in order to complete and graduate from the program. 15. When I am in the court room I will dress and act appropriately. I will be on time for Court. 16. I will be supervised by the Veterans Treatment Court Program UNTIL FURTHER ORDERED BY THIS COURT. 17. I have received and read the Participant Handbook. I fully understand the requirements of participation in the Veterans Treatment Court and have had an opportunity to ask questions of my defense attorney. 18. I agree to the special conditions as follows: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ THE PARTICIPANT ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTANDS THIS AGREEMENT, FREELY AND VOLUNTARY RELINQUISHES THE RIGHTS DISCUSSED HEREIN AND AGREES TO ABIDE BY ALL THE RULES AND CONDITIONS OF THE VETERANS TREATMENT COURT PROGRAM. 15