Knox County Veterans Treatment Court

Knox County Veterans Treatment Court

Policy and Procedure

Manual

Leave No Veteran Behind

Table of Contents

Page

Table of Contents...... 1

Program Description...... 3

Goals of the Veterans Treatment Court Program...... 5

Governing Rules...... 5

Veterans Treatment Court Team Roles...... 6

Program Structure...... 12

Phase Advancement and Promotion...... 13

Phase I: Stabilization and Orientation...... 14

Phase II: Intensive Treatment...... 16

Phase III: Recovery Skills Development...... 17

Phase IV: Practical Application...... 19

Phase V: Community Transition...... 21

Resource Team Program Component...... 23

Veteran Mentors...... 23

Veteran Accredited Service Officer...... 25

Veterans Agency Representatives / Liaisons...... 27

Vocational-Educational Program Component...... 28

Program Eligibility...... 29

Program Referrals and Admissions...... 29

Program Discharge...... 30

Assessment and Treatment Recommendation...... 31

Treatment Services...... 32

Program Orientation...... 33

Service Collaboration...... 34

Team Staffing...... 34

Court Status Reviews...... 35

Incentives and Sanctions...... 36

Supervision...... 37

Confidentiality...... 38

Veteran participant Rights and Grievance Policy...... 39

Substance Testing and Monitoring...... 39

Documentation...... 43

Data Reporting and Evaluation...... 43

Fees and Fiscal Management...... 44

Appendix

Referral Form...... 46

Military and Service Record...... 48

Vocational-Educational Questionnaire...... 51

Appendix, cont’d.

Performance Contract...... 53

What Happens Next?...... 61

Phase Responsibilities...... 64

Phase I...... 64

Phase II...... 66

Phase III...... 68

Phase IV...... 70

Phase V...... 72

Phase Promotion Check Sheets...... 74

Phase II...... 74

Phase III...... 75

Phase IV...... 76

Phase V...... 77

Graduation Check Sheet...... 78

Community Support Log...... 79

Drug Testing Contract...... 80

Urine Abstinence Testing and Incidental Alcohol Exposure Contract (EtG)...... 82

Drug Testing Procedures...... 84

On-Demand Drug Test Request...... 85

SCRAM Referral Instructions...... 86

Medical and Dental Medication Form...... 87

Approved Over-the-Counter Medications...... 88

Jail Reporting Instructions...... 89

Volunteer Forms...... 90

Volunteer Experience...... 90

Volunteer Agency Contract...... 91

Volunteer Attendance Record...... 92

Volunteer Experience Essay...... 93

Veteran Mentor Program...... 94

Veteran Mentor Program...... 94

Veterans Treatment Court Mentor Application...... 98

Mentor Agreement...... 101

Background Check Permission Form...... 102

Tennessee Veterans’ Treatment Court Mentor Creed...... 103

Veteran Accredited Service Officer Agreement...... 104

Summary Notice of Privacy Practices...... 106

Synopsis of Veteran participant Bill of Rights...... 108

Consent to Release Confidential Information...... 110

Multi-Party Case Staffing & Open Court Hearings Consent Form...... 111

Team Staffing Confidentiality Agreement...... 112

Grievance Policy...... 113

Grievance Reporting Form...... 114

The mission of the Veterans Treatment Court is to have a coordinated community response through collaboration with the veterans’ service delivery system and the criminal justice system. The program provides a means to successfully habilitate veterans by diverting them from the traditional criminal justice system and providing them with the tools needed to lead a productive and law abiding life.

Program Description

The program provides a means to divert eligible Veteran participants from the traditional criminal justice system and provide them (or have provided for them) support and rehabilitation through comprehensive substance abuse and/or mental health treatment; education; vocational programs; and community resource referrals for housing, childcare, and transportation, all while being judicially monitored.

Knox County Veterans Treatment Court (KCVTC) is made up of an extensive collaboration of dedicated partners, including criminal justice, federal veterans’ agencies, and local community veterans’ organizations. The target population includes military veterans who have been charged with non-violent criminal offense(s), both felony and misdemeanor, and who are identified with substance dependency and/or serious mental health issues.

The Knox County Veterans Treatment Court has adopted the essential tenets of the Ten Key Components of drug treatment courts, developed by the National Association of Drug Court Professionals (NADCP). They are the following:

Veterans Treatment Court integrates alcohol and other drug treatment services with justice system case processing.

Knox County Veterans Treatment Court promotes sobriety, recovery and stability through a coordinated response to veteran’s dependency on alcohol, drugs, and/or management of their mental illness. Realization of these goals requires a team approach. This approach includes the cooperation and collaboration of the traditional partners found in drug treatment courts and mental health treatment courts with the addition of the Veteran Administration Health Care Network, Veterans Benefit Administration, Tennessee Bureau of Employment Services, veterans and veterans family support organizations, and veteran accredited service officers.

Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting Veteran participants’ due process rights.To facilitate the veterans’ progress in treatment, the prosecutor and defense counsel shed their traditional adversarial courtroom relationship and work together as a team. Once a veteran is accepted into the treatment court program, the team’s focus is on the veteran’s recovery and law-abiding behavior—not on the merits of the pending case.

Eligible Veteran participants are identified early and promptly placed in the Veterans Treatment Court program. Early identification of veterans entering the criminal justice system is an integral part of the process of placement in the Veterans Treatment Court program. Arrest can be a traumatic event in a person’s life. It creates an immediate crisis and can compel recognition of inappropriate behavior into the open, making denial by the veteran for the need for treatment difficult.

Veterans Treatment Courts provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services. While primarily concerned with criminal activity, AOD use, and mental illness, the Veterans Treatment Court team also considers co-occurring problems such as primary medical problems, transmittable diseases, homelessness; basic educational deficits, unemployment and poor job preparation; spouse and family troubles—especially domestic violence—and the ongoing effects of war time trauma. The accredited veteran service officers are an essential component to the Knox CountyVeterans Treatment Court. Many veterans may be unaware of their eligibility for VA programs and services. The claim system is complicated and veterans often require additional expertise in navigating filing and/or appealing a claim. Veteran Accredited Service Officers provide the valuable linkage and education necessary for veterans to file timely and complete claims. Veteran Accredited Service Officers also provide updated information on federal benefits available to veterans participating in the Veteran’s Treatment Court as changes occur on the national and/or state level.

Abstinence is monitored by frequent random alcohol and other drug testing. Frequent court-ordered AOD testing is essential. An accurate testing program is the most objective and efficient way to establish a framework for accountability and to gauge each Veteran participant’s progress.

A coordinated strategy governs Veterans Treatment Court responses to Veteran participants’ compliance.A veteran’s progress through the treatment court experience is measured by his or her compliance with the treatment regimen. Veterans Treatment Court rewards cooperation as well as respond to noncompliance. Veterans Treatment Court establishes a coordinated strategy, including a continuum of graduated responses, to continuing drug use and other noncompliant behavior.

Ongoing judicial interaction with each Veteran is essential.The Judge is the leader of the Veterans Treatment Court team. This active, supervising relationship, maintained throughout treatment, increases the likelihood that a veteran will remain in treatment and improves the chances for sobriety and law-abiding behavior. Ongoing judicial supervision also communicates to veterans that someone in authority cares about them and is closely watching what they do.

Monitoring and evaluation measure the achievement of program goals and gauge effectiveness. Management and monitoring systems provide timely and accurate information about program progress. Program monitoring provides oversight and periodic measurements of the program’s performance against its stated goals and objectives. Information and conclusions developed from periodic monitoring reports, process evaluation activities, and longitudinal evaluation studies may be used to modify the program.

Continuing interdisciplinary education for all Veterans Treatment Court staff and team members promotes effective veterans court planning, implementation, and operations. All Veterans Treatment Court staff should be involved in education and training. Interdisciplinary education exposes criminal justice officials to veteran treatment issues, and Veteran Administration, veteran accredited service officers, and treatment staff to criminal justice issues. It also develops shared understandings of the values, goals, and operating procedures of both the Veteran Administration, treatment and the justice system components. Education and training programs help maintain a high level of professionalism, provide a forum for solidifying relationships among criminal justice, Veteran Administration, veteran volunteer mentors, and treatment personnel, and promote a spirit of commitment and collaboration.

Forging partnerships among treatment courts, public agencies, and community-based organizations generates local support and enhances Veterans Treatment Court effectiveness. Because of its unique position in the criminal justice system, Veterans Treatment Court is well suited to develop coalitions among private community-based organizations, public criminal justice agencies, the Veteran Administration, veterans and veterans families support organizations, and AOD and mental health treatment delivery systems. Forming such coalitions expands the continuum of services available to Veterans Treatment Court Veteran participants and informs the community about Veterans Treatment Court concepts. The Veterans Treatment Court fosters system wide involvement through its commitment to share responsibility and participation of program partners.

The Knox County Veterans Treatment Court team regularly reviews the mission statement, program goals, and NADCP key components and attends relevant training to ensure understanding of this model for treatment court programs.

Goals of the Veterans Treatment Court Program

Promote sobriety, recovery, and stability for veterans in need by providing, or having provided, substance abuse and mental health treatment coupled with academic and vocational skill-building services.
Provide early identification of eligible program Veteran participants in an effort to compel individuals’ problem recognition and confront denial, while at the same timeaccelerating the treatment process for eligible offenders by expediting the admission process.
Engage in community education and partnership efforts to develop shared understanding and foster a spirit of commitment and collaboration with the Veterans Administration, treatment providers, volunteer mentors, the criminal justice system, and other organizations.
Address the needs of non-violent adult, alcohol and substance-abusing` veteran offenders by establishing a non-adversarial adult Veterans Treatment Court program in Knox County.
Increase the safety to the public and encourage Veteran participants to remain substancefree and/or in recovery from mental illness, and crime free, while reducing the recidivism rate and eliminating the cost of confining non-violent alcohol and substance abusive offenders, therefore providing relief to the criminal justice system.
Develop and implement a Mentor component to enhance treatment compliance and completion.
Compare the impact of the Veterans Treatment Court on the adult population and the recidivism rate of Knox County criminal offenders in treatment and traditional courts by using an outcome based method of evaluation.

Governing Rules

Policy Statement: The Veterans Treatment Court program is an immediate and highly structured judicial intervention process for substance abuse and/or mental health treatment of eligible offenders, which expedites the criminal case, and requires successful completion of the plea agreement in lieu of incarceration. The program maintains strict compliance with all applicable state and federal laws, including T.C.A. 16-22-103, Federal regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2, and the Tennessee Drug Court Treatment Act of 2003of the Tennessee Statues.

Procedure: In order to maintain compliance with all applicable standards, the Veterans Treatment Court team will meet and review T.C.A. 16-22-103, Federal regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2, and the Tennessee Drug Court Treatment Act of 2003on an annual basis.

Veterans Treatment Court Team Roles

Policy Statement: A Veterans Treatment Court team shall be the operational entity of the program, providing a uniform and consistent focus, with the common goal of the Veteran participant’s recovery and successful community reintegration.

Procedure: The Veterans Treatment Court program has organized a professional team and identified specific roles for each member, as described below.

All Team Members

Participate in the development of the Veteran participant’s individual plan as progress is made through the program;
Make recommendations for sanctions and incentives after reviewing treatment and supervision reports for Veteran participants;
Provide encouragement and support to each offender throughout the program;
Plan and improve the policies and procedures for Veterans Treatment Court on a regular basis.

Judge

Directs the efficient operation of the Court and ensures thatVeteran participant information is reported to all agencies involved;
Participates in Staffing and settles disputes concerning the imposition of sanctions, incentives, or other actions when the team is not unanimous;
Supervises the progress of each Veteran participant by having regular court review hearings, and administers all appropriate actions consistent with the Tennessee Drug Court Treatment Act of 2003.

District Attorney

Works to educate law enforcement to recognize potential candidates for Veterans Treatment Court;
Reviews new charges to asses for program eligibility;
Screens potential Veteran participants’ applications by reviewing current charge(s), facilitating interstate and national background checks, and requesting input of supervision concerning previous probationary supervisions;
Determines if the offender meets statutory criteria for the Veterans Treatment Court program and approves or rejects admission;
May join as a team member or appear before the team to help evaluate the Veteran participant’s progress and argue for sanctions or particular incentives ;
Provides education to the public, including victims, as to the benefits of the Veterans Treatment Court program;
Keeps the team apprised of any new charges the Veteran participants may incur while in the program;

Defense Attorney/Public Defender

Reviews plea documents with prospective Veteran participants prior to plea, including: trial rights; waiver of rights; performance contract;phase contracts; plea bargain; and end result, whether successful or unsuccessful;
Reviews plea forms and conditions with Veteran participants upon approval for admission to the Veterans Treatment Court;
Ensures the offender is fully cognizant of his/her rights and any waivers prior to entering the Program;
May join as a team member or appear before the team to help evaluate the Veteran participant’s progress and argue for reduction of sanctions or particular incentives regarding his/her clients;
Help to educate the defense bar and community regarding all aspects of Veterans Treatment Court.

Court Clerk

Records payments made on fines, assessments, restitution, and court fees;
Maintains confidential and criminal files on all Veteran participants, including information updates;
Enters minutes on weekly reviews and final adjudications or dispositions in public criminal case records.

Supervision Officer

Supervises program Veteran participants on a regular basis with home visits, and monitoring of status of employment and/or vocational rehabilitation attendance;
Provides weekly reports to the team;
Notifies the Court of any violations and accomplishments by the Veteran participants and recommends appropriate sanctions and incentives;
Maintains authority to act as a peace officer.

VTC/Recovery Court Staff Providing Screening Services

Responsible for the initial screening and treatment placement recommendation
Utilizes the Substance Abuse Subtle Screening Inventory (SASSI), the TCU Drug Screen II questionnaire, and the Modified Mini Screen (MMS), to determine substance addiction/abuse issues and to identify persons in need of an assessment in the domains of Mood Disorders, Anxiety Disorders and PsychoticDisorders.

After admission the VTC/Recovery Court Staff or partnering service provider will;

Utilize the Addiction Severity Index (ASI), and American Society of Addiction Measures Patient Placement Criteria II (ASAM Criteria) to facilitate a multidimensional, comprehensive assessment of each unique program candidate;

Recommends appropriate level of care based on ASAM dimensional criteria;

Assessment Provider(s)

Responsible for initial evaluation and treatment program recommendation;
Utilizes Addiction Severity Index (ASI), ASAM Criteria, URICA (or other tool to assess for stage of change), along with other pre-approved instruments to facilitate a multidimensional, comprehensive assessment of each unique program candidate;
Recommends appropriate level of care based on ASAM dimensional criteria;
Submits evaluation reports to the team in a timely manner so that Veteran participants can begin the treatment process as soon as possible;
Recommends the most appropriate treatment provider for each Veteran participant based on key factors including individual legal history and current criminal charges, veteran status, indicators for treatment readiness, co-occurring mental health diagnostic criteria, type and history of drug use, age and/or sex of offender, geographic location of provider in relation to Veteran participant’s home, and specialized services offered that may be relevant to the unique needs of the Veteran participant.

VTC/Recovery Court, Veterans Health Administration, and Community Treatment Providers