Relates to veterans courts

Summary of provisions

Section one amends the Judiciary Law by adding a new article 5-C, "Veterans Courts", which includes new section 178-a, relating to the establishment of Veterans Treatment Courts throughout New York State, and new sections 178-b and 178-c, which would provide procedures for transferring cases from other courts to Veterans Treatment Courts.

Justification

Since 2001, more than 2.25 million United States troops have been deployed to Operation Iraqi Freedom (01F) and Operation Enduring Freedom (OEF). Our veterans return home with a unique set of health related illnesses, which often go untreated, leading to destructive or criminal behavior, such as substance abuse or addiction. A survey conducted by the Justice Department found that approximately 60% of the 140,000 veterans in federal and state prisons were struggling with a substance use disorder, and 25% reported being under the influence of drugs at the time of the offense. Furthermore, a study conducted by the RAND Corporation in 2008 found that 31% of troops who served in Iraq and Afghanistan have a service-related mental health condition or traumatic brain injury (TBI). One of the most common detriments of war is post-traumatic stress disorder (PTSD), a mental health condition. The U.S. Department of Veterans Affairs estimates that roughly 11% of veterans who served in OEF, and 20% of veterans who served in OIF suffer from PTSD, which can lead to depression, anxiety disorders and substance abuse. Unfortunately, due to the stigma associated with mental health issues, many veterans do not seek treatment. Left untreated, these conditions often times lead to the disruption of family life, loss of employment and trigger actions which lead to criminal prosecution. Veterans many times enter the criminal justice system on charges which stem from mental illness or substance abuse often due to trauma experienced during their active military service.

Veteran Treatment Courts recognize the unique needs of our veterans by helping those who have been charged with certain crimes get on the correct path, and become productive members of society, while ensuring public safety and trust in the criminal justice system. Enacting a statutory framework for the establishment and operation of Veteran Treatment Courts throughout the state will help increase the number of these valuable forums within the court system and provide access to a range of services for appropriate veteran criminal defendants.

Veteran Treatment Courts have been created in a limited number of areas in New York State, including the City of Buffalo, which has been recognized as the first court of its kind in the country. However, these courts only handle cases commenced within a particular county. This bill would expand accessibility to Veteran Treatment Courts by allowing them to hear cases from other courts within the judicial district.

These courts utilize a model similar to that of the drug and mental health courts, providing a court-based system of assessment, treatment, review hearings, and graduated sanctions. They provide veterans with the opportunity to receive the benefit of Veterans Administration programs and local social services, an opportunity for employment, and - when appropriate -- rehabilitation rather than incarceration. The following components are important to the successful operation of Veterans Treatment Courts:

-Voluntary participation by veterans;

-Coordination of activities with federal agencies, community-based service providers and local agencies;

-Mentoring by successful veterans in the community; -Flexibility for local officials; and,

-Tracking outcomes.

With the fourth largest veteran population in the country, New York State is committed to providing veterans with the necessary resources and services upon their return from active military service. Enhancing the development of Veteran Treatment Courts will build on a successful model and provide appropriate veterans with access to the various services provided by the U.S. Department of Veteran Affairs, and other community-service organizations which assist with housing, employment and family matters. It is important to the personal success of our returning service men and woman that they receive these unique and specialized services through Veteran Treatment Courts.

Legislative history

2014 - S. 7814 - Judiciary Committee.

Fiscal implications

To be determined.

Effective date

First of January next succeeding the date on which it shall have become a law.