Tips for Veterans in County Jails


Maria Anna Esparza created this guide for those trying to find help for veterans who have been incarcerated in a Texas county jail. She is not an attorney but a self-taught advocate and mother of a veteran charged with a felony; she has spent many hours asking questions and  finding out who will actually help. Most groups who work on veterans issues do NOT advocate or assist with individual cases, she found. Most of her tips pertain to veterans with mental health issues. Following these tips, we have other tips and contact info and will keep adding them as we find them and hear from you. 

General Tips: 

Always document each contact with all officers at the jail and elsewhere. Write down notes about phone calls and whenever possible, fax any communication.

A veteran with a felony charge gets  NO assistance from the VA! In most cases, veterans courts will not assist veterans who have felony charges.

A veteran with mental issues while incarcerated needs to communicate with his/her attorney about getting a psychological evaluation. If the attorney does NOT act on this, the family needs to contact
http://www.texasbar.com/AM/Template.cfm?Section=Disputes_With_Your_Lawyer
or call (800) 932-1900 or (800) 204-2222, ext. 1790

To get him or her treatment and respect while in jail, it’s best to first contact the jail director and jail doctor and/or nurse.

Meeting  with Jail Administrators: 

Make sure you have your loved one’s medical records so you can take those to the meeting.
Have a clear idea of what you want before you go to the meeting.
We know it’s not always easy and you may not know what to do or say. So ask questions! The only stupid question is the one that goes unasked.

To help veterans with mental health issues: 

Call your county offices, to find out who the mental health county commissioner is in your county. Then request a meeting with him/her and make it clear what your loved one needs. This person may or may not be able to help, but letting this person know about your loved one will expand the web of individuals aware of your veteran’s situation.

Records:

If you have ANY medical records showing psychological instability, get hard copies of the records and put them in the hands of the attorney.
If you have no medical records, contact former teachers, principals, employers, and ask them to make statements about your loved one’s mental status.
If your loved one has a mental health history or is suicidal, PUSH the issue with the attorney (i.e. DEMAND a psychological evaluation). If you are concerned about your loved one being suicidal, contact the jail director/doctor/nurse and set up an appointment with him/her.  Express your concerns, demand an evaluation.

Incompetent to stand trial:

If your loved one is found incompetent to participate in his/her own defense, he/she will be ordered to be sent to North Texas State Hospital in Vernon, Texas, to restore competency.
But just because the order has been given does not mean it will happen immediately because there is a backlog of people waiting to go to Vernon hospital. A very helpful woman at State Health and Human Services may be able to help you find out how long the wait is; her name is Kerry Raymond and her email is Kerry.Raymond@dshs.state.tx.us.
Your loved one might sit in jail for many months…unless a writ of habeas corpus is issued ordering the court to send the inmate to the hospital or else they have to release him/her!
To get this writ, first contact your attorney but if she/he doesn’t do the writ or stalls for some reason, ask Keith Hampton, Attorney at Law, for help;  1103 Nueces Street, Austin, Texas 78701. 512-476-8484  and fax: 512-477-3580.

Research everything:

Research, research, research. Call every organization and check out every website. Contact your state representatives. Make them work for you!
To find out who your state representative is and how to reach them, click here: http://www.fyi.legis.state.tx.us/

REALITY CHECK:
When you google “help for veterans,” you’ll find plenty, butt when you call them about your vet’s illness or the serious problems your mentally ill vet is having in a county jail, you discover that most of them work on policy and issues, but do not help individual vets.
Here is an example. Justice for Vets has a website that states:
“As the national leader, Justice For Vets will aggressively advocate for Veterans Treatment Courts and mobilize the public to take action to join us in ensuring that no veteran is left behind.”

But they will won’t help your vet. An attorney for them said it this way when asked by the father of a vet charged with a crime:
“Justice for Vets ….does not intervene or advise on cases of individual veterans. While they conduct trainings that deal with mentoring within Veterans Treatment Courts (in-court), they do not do so for peer support for incarcerated veterans.”

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Resources:

Texas Civil Rights Project has a Justice for Veterans Campaign. They have a new brochure called PTSD and the Veteran. Click here to read it or download it.

Veterans Defender Resource,  presented by the Texas Indigent Defense Commission. Local officials in Texas counties are authorized to establish Veterans Courts. This publication provides county and court officials with resources that may be helpful as they consider the design and implementation of a Veterans Court in their own communities. Read here how this Commission has awarded funding to counties to support their efforts to provide specialized defender programs that represent defendants with mental health issues, including the first stand-alone mental health public defender in the nation.

Groups assisting veterans and their families:

  • Stage Seven Connecting combat veterans and their families with innovative wellness services.
  • Articles about veterans and their situation, contributed by Kinnu Gundu:

1. http://battleland.blogs.time.com/2012/03/15/army-policy-deferring-mental-health-diagnoses-in-war-zones/

2. Travis County: Vietnam Vet Helped by Veteran’s Court 

“These injured and disabled men and women represent the most grievously wounded group of returning combat veterans since the Vietnam War, which officially ended in 1975. Of more than 5 million veterans treated at VA facilities last year, from counseling centers like this one to big hospitals, 48,733 were from the fighting in Iraq and Afghanistan.

Many of the most common wounds aren’t seen until soldiers return home. Post-traumatic stress disorder, or PTSD, is an often-debilitating mental condition that can produce a range of unwanted emotional responses to the trauma of combat. It can emerge weeks, months or years later. If left untreated, it can severely affect the lives not only of veterans, but their families as well.

“Of the 244,054 veterans of Iraq and Afghanistan already discharged from service, 12,422 have been in VA counseling centers for readjustment problems and symptoms associated with PTSD. Comparisons to past wars are difficult because emotional problems were often ignored or written off as “combat fatigue” or “shell shock.” PTSD wasn’t even an official diagnosis, accepted by the medical profession, until after Vietnam.”

6. http://www.statesman.com/news/local/as-soldiers-leave-war-behind-and-return-to-1952979.html (good piece with lots of numbers. scroll all the way to the bottom for numbers at a glance.)

More than 700,000 Iraq and Afghanistan veterans have already shown up at Department of Veterans Affairs clinics and hospitals — and more than half of them have mental health conditions, according to the Austin-based group Veterans for Common Sense.

Fort Hood is also hoping to prevent the mental health problems that occurred in 2010, when the post’s population was similarly swelled by returning soldiers. That year, Fort Hood set a record with 22 suicides.

Texas is home to 6.7 percent of homeless vets and 7.6 percent of all vets.

7. http://www.neilyoung.com/lwwtoday/ (Feb 2012 article. Focused more on suicides.)

Statistics on Iraq and Afghanistan veterans, obtained in 2011 through a Freedom of Information Act request by a San Francisco newspaper, found that more than 2,200 soldiers died within two years of leaving the service, and about half had been undergoing treatment for post-traumatic stress or other combat-induced mental disorders at the time.

8. http://www.veteransnewsroom.com/files/press/VETERANS-Fact-Sheet-Veterans.pdf (excellent fact sheet)

9. http://veteransforcommonsense.org/ (on PTSD)

Articles:

Justice Policy Institute published the following article “Finding Options for Returning Veterans,” by Ben Gales and Duncan MacVicar, California Veterans Legal Task Force

October 28, 2011

With today’s high incidence among combat veterans of post-traumatic stress, traumatic brain injury, alcohol and drug abuse, depression, and other mental health issues, our soldiers are at great risk of becoming involved in the justice system upon returning from Iraq and Afghanistan. While ideally mental health issues should be addressed before traumatized veterans run afoul of the law, coming up with solutions that meet the needs of both society and veterans who do become justice-involved is critical. The Veterans Treatment Court (VTC) model is one innovative mechanism currently being used to do this, as part of a continuum of services designed to assist troubled veterans.

Why can’t we just solve problems before they start?

As a result of the significant physical and emotional challenges facing returning combat veterans, they often have problems readjusting to mainstream society, with family, relationship, and career issues. Compounding the problem, especially among young veterans, is a tendency to resist receiving help. Veterans might be wary of authority, they might feel shame, or they might simply want to avoid facing their problems. And currently available services may not be meeting the needs of all veterans. Sadly, they often encounter the criminal justice system before receiving the treatment and services they need. Veterans Treatment Courts can better address the issues of many veterans who have become justice-involved than traditional court processing.  As part of a continuum of services and initiatives (including such programs as first responder training to reduce arrests and diversion to treatment), they can help keep those veterans who have paid a high price with their physical and mental health from also paying the price of losing their freedom to prison or jail.

Veterans Courts: a Unique Type of Mental Health Court

Society is better served by treating the underlying mental health problems of people rather than just cycling them through our jails and prisons. Mental health courts, through which defendants with mental health issues are sent to treatment, therapy, and housing instead of to jail, have become a recognized component of our criminal justice system. Traumatized veterans deserve the same treatment that society gives to other defendants with mental health problems, with an approach unique to the veteran experience.

Like other mental health courts, a VTC is an alternative sentencing court wherein all the resources appropriate for the treatment of traumatized veterans gather collaboratively to serve the special needs of each defendant, while holding them accountable for the harm they’ve caused. Originating in Buffalo, New York, in 2008, today there are over 60 VTCs in the U.S.A.

Why not just refer veterans to existing mental health courts? The reason is that Veterans Treatment Courts are comprised of experts in assisting veterans, such as county Veterans Service Officers, veteran-specific housing providers, and veteran peer-mentoring groups. Most importantly, the VTC team includes a social worker from the U.S. Department of Veterans Affairs (VA) called a Veterans Justice Outreach specialist, who evaluates justice-involved veterans and links them to appropriate VA treatment and services.

An unfortunate characteristic of veterans with post-traumatic stress is the tendency to self-medicate with alcohol and drugs as a coping mechanism. So VTC protocols include drug/alcohol therapy. The co-occurrence of substance abuse and post-traumatic stress is common among VTC participants. Fortunately, the VA has developed unique and effective therapies for treating these co-occurring disorders.

The benefits of VTCs are significant

Initial data from existing VTCs show remarkably low rates of recidivism, ranging from zero to 15%.  Judges I have observed have worked hard to keep veterans from failing out of the court. So VTCs are beginning to demonstrate that once veterans’ underlying mental health problems are addressed, they are significantly less likely to reoffend. In addition, when the likely traditional court result would have been incarceration, taxpayers save the considerable cost of jail or prison, with only small incremental court costs and modest housing costs (totaling half the cost of incarceration). And since the federally-funded VA provides most of the treatment and mental health care for a VTC, local and state governments save again.

Helping Veterans Overcome the Stigma of a Criminal Record

In a typical VTC, the defendant enters a guilty plea via plea bargaining, and upon graduation either the charges are dismissed or the record expunged. But this model can in fact, stand to be improved, particularly by finding ways to divert the veteran from the justice system altogether, or to at least reducing the likelihood that they will face the many collateral consequences of having a conviction on their record.

Pre-plea diversion. A pre-plea model is one wherein the defendant is required to attend rehabilitation and/or therapy in lieu of adjudication of the charges. This model is more efficient in that the defendant goes to rehab/therapy soon, with minimal court expenses and less time in jail. Also, since no guilty finding is entered, if successful in completing the court’s requirements, the defendant avoids the collateral consequences of a criminal conviction.  This is a huge benefit to veterans, who often want to pursue careers in law enforcement and other areas where a criminal record precludes employment. And it protects a veteran’s right to still go through a regular court procedure (and possibly be found innocent) if VTC turns out not to be a good fit for him.

Deferred entry of judgment. In this model, the defendant pleads guilty but the judge does not enter a finding into the record, instead retaining the plea for as long as the defendant remains under court supervision. This model helps veterans avoid collateral consequences. Additionally, judges unwilling because of the seriousness of the charges to consider pre-plea diversion may be willing to work with a deferred entry of judgment, as they retain more authority throughout the period the person is under the court’s jurisdiction.

Note that the major incentives of the VTC, dismissal of charges and especially expungement of the record, do not insulate offenders from collateral consequences as much as we might hope. With the imperfect record-keeping of public agencies, earlier guilty findings can often be discovered by data mining experts. Therefore, more needs to be done at the point where a veteran first comes in contact with law enforcement, so they can avoid court involvement altogether.

First responder training. Consider this: A mentally ill person is, through their behavior, brought to the attention of a police officer; rather than arresting the person, the first responder takes the offender to a clinician for evaluation. Such an approach relieves the criminal justice system of one more case and gets the person necessary care expeditiously. Many law enforcement agencies are training their staff to detect signs of mental illness so that they can respond in this fashion. Veterans in particular can benefit since they may react aggressively when confronted by authority, making the situation worse. Some law enforcement agencies even have veterans on staff, trained to defuse such situations.

Historical Imperative

Forty years ago our society ignored the problems of traumatized soldiers returning from the Vietnam War. We must not repeat that mistake. Today’s returning soldiers need and deserve the help of local communities when their mental health problems cause them to act out in ways that lead to their entanglement in the criminal justice system. We must work on advocating toward policies that help to restore a life of dignity and success for our returning heroes.

Ben Gales is a staff attorney at Public Counsel Law Center in Los Angeles focusing on issues affecting military veterans. A Vietnam veteran, Duncan MacVicar works in his retirement on behalf of traumatized veterans caught up in the criminal justice system.

Posted in a Justice Policy publication:  Veterans & Justice

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For any of you with time to volunteer, we need a list of groups that will actually TALK to families of vets and advise them. If you want to help us compile that list, email me at diana@texasjailproject.org  call groups that you  find online.
1. ask them if they help you with your vet in a county jail, charged with a felony.
2. Then we can post a list on here, showing the responses on how and what they will do to help an incarcerated vet. Also report how easy it was to find out that information. It would be such a helpful list for families, because most families are glad to read the inspiring lines about changing the justice system and aid for veterans and do not realize  that most groups are not talking about actually HELPING themsave their vet from prison or helping them find mental health care for her or him.