Staci Biggar Criminal Defense Attorney Harris County, Texas

Transcription

1 Staci Biggar Criminal Defense Attorney Harris County, Texas

2 Began as a pilot program for 20 participants in December 2009 Now over 123 participants Multi-agency collaboration between the District Attorney s Office, Community Supervision, Veteran s Administration and District Courts and Clerk s Office Felony Only First Veteran s Court Program in Texas

3 Honorable discharge or a general discharge (under honorable conditions), on active duty or in reserves or National Guard; and Have a pending eligible felony offense; and Be a legal resident or citizen of the United States of America and be a resident of Harris County, Texas or a contiguous county; and Have a mental illness or disorder, including PTSD; TBI; depressive, anxiety and psychotic disorders; and/or substance use disorder that is related to the criminal offense; and Be eligible to receive VA services; and Be a first felony offender or Served in combat or on hazardous duty; Must submit to clinical evaluation to confirm offense was related to a mental illness or substance abuse. Probationers and probation violators may be accepted

4 What is the Current Crime No violent crime (other than aggravated assault), delivery of controlled substance or sex crimes Mental Illness is too severe Prior contact with Veterans Court Does not admit guilt to the offense

5 The judge, prosecutor, defense bar and Veterans Court staff may recommend defendants for inclusion in the program. The defendant must complete a pre-plea orientation and sign all required Veterans Court and Veterans Administration releases of information. Final approval for eligibility is subject to the agreement of both the judge and District Attorney.

6 Similarities and Differences compared to other felony courts Standard Operating Procedures Referral to court VA confirmation of eligibility Prosecutor Review Mental Health Review HIPPA and Nondisclosure Agreement

7 What s in it for the participants negotiating the legal benefits for successful graduates Successful Graduation! Expungment, Deferred Adjudication, Reduction of Charges Pretrial Contracts

8 New Law Violations Failure to comply with program requirements Options: Sanctions, Revocation, Amended Conditions, Dismissal

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10 Working with Veterans in a Treatment Court Program ADA Angela Smith Harris County, Texas

11 Brief History Began as a pilot program for 20 participants in December 2009 Now over 123 participants Multi-agency collaboration between the District Attorney s Office, Community Supervision, Veteran s Administration and District Courts and Clerk s Office Felony Only First Veteran s Court Program in Texas

12 Legal Issues -- Eligibility Honorable discharge or a general discharge (under honorable conditions), on active duty or in reserves or National Guard; and Have a pending eligible felony offense; and Be a legal resident or citizen of the United States of America and be a resident of Harris County, Texas or a contiguous county; and Have a mental illness or disorder, including PTSD; TBI; depressive, anxiety and psychotic disorders; and/or substance use disorder that is related to the criminal offense; and Be eligible to receive VA services; and Be a first felony offender or Served in combat or on hazardous duty; Must submit to clinical evaluation to confirm offense was related to a mental illness or substance abuse. Probationers and probation violators may be accepted

13 Legal Issues Not Eligible What is the Current Crime No 3G, delivery or sex crimes Prior Criminal History Mental Illness is too serious Prior contact with Veterans Court Does not admit guilt to the offense

14 How It Works - Referral The judge, prosecutor, defense bar and Veterans Court staff may recommend defendants for inclusion in the program. The defendant must complete a pre-plea orientation and sign all required Veterans Court and Veterans Administration releases of information. Final approval for eligibility is subject to the agreement of both the judge and District Attorney.

15 The Role of The Prosecutor Similarities and Differences compared to other felony courts Standard Operating Procedures Referral to court VA confirmation of eligibility Prosecutor Review Mental Health Review HIPPA and Nondisclosure Agreement

16 Plea Negotiations What s in it for the participants negotiating the legal benefits for successful graduates Successful Graduation! Expungment, Deferred Adjudication, Reduction of Charges Pretrial Contracts

17 Unsuccessful Termination New Law Violations Failure to comply with program requirements Options: Sanctions, Revocation, Amended Conditions, Dismissal

18 Questions?

19 Harris County Veterans Court Criteria SAMPLE I. ELIGIBILITY A. The defendant must meet the following requirements: 1. Defendant must be a veteran with an honorable discharge or a general discharge (under honorable conditions), on active duty or in the reserves or National Guard; and 2. Have a pending eligible felony offense; and 3. Be a legal resident or citizen of the United States of America and be a resident of Harris County, Texas or a contiguous county; and 4. Have a mental illness or disorder, including post-traumatic stress disorder; traumatic brain injury; depressive, anxiety and psychotic disorders; and/or substance use disorder that is related to the criminal offense; and 5. Be eligible to receive VA services; and 6. Be a first felony offender and/or have served in combat or on hazardous duty B. The defendant must submit to a clinical evaluation to confirm the pending or underlying offense was related to a mental illness or substance abuse. C. Probationers and probation violators may be accepted into Veterans Court. D. The judge, prosecutor, defense bar and Veterans Court staff may recommend defendants for inclusion in the program. E. The defendant must complete a pre-plea orientation and sign all required Veterans Court and Veterans Administration releases of information. F. Final approval for eligibility is subject to the agreement of both the judge and District Attorney. II. EXCLUSIONS A defendant will be excluded from Veterans Court if he: A. Has a pending charge for 1. 3 G offense other than aggravated assault; or 2. possession with intent to deliver or manufacture/delivery of a controlled substance, dangerous drug or marijuana; or 3. sex offense including but not limited to those offenses enumerated in Article Sec. 13B(b) of the Texas Code of Criminal Procedure. B. Has a prior conviction or deferred adjudication for 1. 3 G offense other than aggravated assault; or 2. sex offense including but not limited to those offenses enumerated in Article Sec. 13B(b) of the Texas Code of Criminal Procedure; or 3. possession with intent to deliver or manufacture/delivery of a controlled substance, dangerous drug or marijuana C. Is seriously and persistently mentally ill and cannot participate in the structure of the Veterans Court; or D. Has been previously unsuccessfully terminated from the Veterans Court Program or who has previously graduated, whether on community supervision or not, from Veterans Court and is arrested on a new eligible misdemeanor or felony charge; E. Does not admit guilt to the offense.

20 SPN: Cause#: Name of Defendant: Name of Screener: Court of Referral: Date Screening Performed: (Home Court) Check only one of the following sources for this referral: VETERANS COURT PROGRAM SCREENING/REFERRAL FORM After completing form, please deliver to Mary Covington District Attorney Defense Attorney Judge CSO CLO Other (specify): Eligible defendants for the Veterans Court program must: 1) Be a veteran with an honorable discharge or general discharge (under honorable conditions), on active duty or in the reserves or National Guard; and 2) Have a pending eligible offense or be on probation or deferred adjudication for an eligible offense and 3) Be a legal resident or citizen of Harris County, Texas or a contiguous county and 4) Have a mental illness or disorder, including post-traumatic stress disorder; traumatic brain injury; depressive, anxiety and psychotic disorders; and/or substance use disorder that is related to the criminal offense 5) Be eligible to receive VA services. Eligible defendants for the Veterans Court program must not have a prior conviction, deferred adjudication, or pending charge for any of the following: 1) 3 G offense other than aggravated assault; or 2) Sex Offense (including but not limited to those offenses enumerated in Article Section 13B(b) Any of the following will exclude defendants for the Veterans Court program who otherwise meet the eligibility criteria above: 1) Defendant has a pending charge or is currently under supervision for Possession with Intent to Deliver or Manufacture/Delivery of a Controlled Substance. 2) Defendant is seriously and persistently mentally ill which renders him/her unable to participate in the structure of the Veterans Court program. Judge s approval: Chief s approval: (Judge s initials) (Chief s initials new cases only) FOR USE OF VETERANS COURT TEAM PERSONNEL ONLY Date Form Received by Veterans Court Coordinator: Date Eligibility Confirmed: Defendant accepted into the VC program Date VC Program Orientation Performed: Defendant not accepted into the VC program Please check only one of the following reasons that the defendant was not accepted into the VC program: The Defendant was unwilling to pursue the VC program s enrollment procedure. The VC program was at full capacity when the defendant s eligibility was confirmed. The District Attorney rejected the defendant s participation in the VC program. Specify reason for the District Attorney s rejection: The VC team rejected the defendant s participation in the VC program. Specify reason for the VC team s rejection:

21 Frequency Phase I & II Phase III Phase IV Phase V Missed UAs First Offense UA next day Essay: why missed UA/ importance of UA/action plan for prevention UA next day Essay: why missed UA/ importance of UA/action plan for prevention UA next day Essay: why missed UA/ importance of UA/action plan for prevention UA next day Essay: why missed UA/ importance of UA/action plan for prevention Subsequent UA next day 1 day HCJ / 8 CSH UA next day 2 days HCJ / 16 CSH UA next day 3 days HCJ / 24 CSH UA next day 4 days HCJ Subsequent UA next day 2 days HCJ UA next day 4 days HCJ UA next day 6 days HCJ UA next day 8 days HCJ Admitted First Offense Subsequent Subsequent Increase UAs Increase Treatment Increase UAs 8 CSH Increase UAs 1 days HCJ Increase Treatment 16 CSH 2 days HCJ Increase Treatment 24 CSH 3 days HCJ Increase Treatment Essay/report to Court Essay/report to Court 32 CSH Essay/report to Court 4 days HCJ

22 First Offense Subsequent Subsequent Increase UAs Detention with Writing Assignment Read to Court 1 day HCJ / 8 CSH (option to participant) Increase UAs 2 days HCJ Increase UAs 3 days HCJ Detention with Writing Assignment Read to Court 2 days HCJ / 16 CSH (option to judge) 3 days HCJ 4 days HCJ Denied Detention with Writing Assignment Read to Court 3 days HCJ / 24 CSH (option to judge) 4 days HCJ 5 days HCJ Essay/report to Court Detention with Writing Assignment Read to Court 4 days HCJ / 32 CSH (option to judge) Essay/report to Court 5 days HCJ Essay/report to Court 6 days HCJ Forged Twelve Step Sheets First Offense 2 days HCJ 90/90 with journaling 4 days HCJ 90/90 with journaling 6 days HCJ 90/90 with journaling 8 days HCJ 90/90 with journaling Subsequent Consider for Termination Missed Individual Appointments First Offense 8 CSH 1 day HCJ / 8 CSH (option to judge) Subsequent 1 day HCJ 2 days HCJ 8 CSH 1 day HCJ / 16 CSH (option to judge) 2 days HCJ 16 CSH 1 day HCJ / 24 CSH (option to judge) 2 days HCJ 24 CSH

23 Subsequent 2 days HCJ 3 days HCJ 8 CSH 3 days HCJ 16 CSH 3 days HCJ 24 CSH Missed Group Appointments First Offense Detention with Writing Assignment Read to Court 1 day HCJ / 8 CSH (option to participant) Detention with Writing Assignment Read to Court 2 days HCJ / 16 CSH (option to judge) Subsequent 2 days HCJ 2 days HCJ 8 CSH Detention with Writing Assignment Read to Court 3 days HCJ / 24 CSH (option to judge) 2 days HCJ 16 CSH Detention with Writing Assignment Read to Court 4 days HCJ / 32 CSH (option to judge) 2 days HCJ 24 CSH Subsequent 3 days HCJ 3 days HCJ 8 CSH 3 days HCJ 16 CSH 3 days HCJ 24 CSH Tampering with UA Tampering/Diluting Treat as Denied Relapse Whizzinator/Bribery Consider for Termination Absconding Turned self in 7-30 days in HCJ, Review Arrest on new offense or warrant 30 days in HCJ, Presumptive Termination unless client proves motivation to stay in program. Failure to Complete Sanctions as Ordered First Offense 3-30 days in HCJ, Review

24 Subsequent 7-30 days in HCJ, Presumptive Termination unless client proves motivation to stay in program. Failure to Comply with any Terms and Conditions (Pretrial Diversion OLD CONTRACT) First Offense Detention with Writing Assignment Read to Court Subsequent 8-40 CSH until 5 th violation and then contract revoked Failure to Comply with any Terms and Conditions (Pretrial Diversion NEW CONTRACT) First Offense Detention with Writing Assignment Read to Court Subsequent 8-40 CSH / jail time up to 30 days (misdemeanors) or up to 180 days (felonies) consistent with Tex. Code Crim. Proc. Art Sec. 12 for DADJ or straight probations until 5 th violation and then contract revoked

25 HARRIS COUNTY Veterans Court S.O.P. SAMPLE 1) The Defendant MUST be referred to COURT COORDINATOR first. She makes the initial screen for eligibility. She checks the offense and contacts the VA to make sure the Veteran is eligible for services. 2) VA BENEFITS SPECIALIST tell COURT COORDINATOR whether the Veteran is eligible for services. 3) COURT COORDINATOR sends the CHIEF PROSECUTOR of Veterans Court an with a brief description of the Defendant s condition and service history so that his or her case(s) may be reviewed for acceptance into the program. 4) The CHIEF or his/her designee will review the case(s) as quickly as possible to tell COURT COORDINATOR yes, no or see what VA PSYCHOLOGIST thinks before making the call. The Chief or his/her designee will examine technical criteria (type of offense, combat/hazardous duty, number of felonies, etc.) and other criteria in making this decision. Lately, potential vets that were technically eligible but had strong reservations about (the scumbag rule). These were the cases I would punt to VA PSYCHOLOGIST. 5) VA PSYCHOLOGIST is given a HIPPA/records release document and the DIMS summary to review for her meeting with the Defendant to determine the relation between the offense and the psychiatric condition. If the Defendant is already on probation/dadj, the DIMS summary will suffice. If the defendant has a pending case that may get pretrial diversion, VA PSYCHOLOGIST must sign a confidentiality form. These are usually either ed back to us signed or handdelivered during docket. CHIEF places all of the hand-delivered ones into the redwell in the bottom drawer of the Vet Court filing cabinet. See example attached. 6) If VA PSYCHOLOGIST approves, the Defendant is admitted to the program. 7) Once a Defendant is admitted, his information will be added to the database, which will be sent to VA PSYCHOLOGIST for her research. This database will be maintained by the Chief of Veterans Court. The current database is also attached to this . It needs to be updated regularly with the same format as is there and periodically ed to VA PSYCHOLOGIST. She is collecting data and all of the requested data is public record. Once an update is made, it should be ed to all team members. 8) The ORIGINAL DEFENSE attorney representing the Defendant is responsible for putting pretrial diversion packets together (DD 214 s, awards, letters of recommendation, etc.) AND disposing of the case by way of PTD or probation/dadj. Only then do the Vet Court contract attorneys take over.

26 9) The Chief of Veterans Court or his/her designee will make plea recommendations and brief the Division Chief overseeing the Veterans Court as to whether to enter into a PTD contract on a given Defendant. A memorandum to the file will accompany this briefing. In the memo, the prosecutor will state that he or she has reviewed all available medical information on the Defendant (which usually is a short from VA PSYCHOLOGIST due to confidentiality issues not always being a two-way street), reviewed the Defendant s military background, Veterans Court criteria, and that the victim is OK with pretrial diversion on victim cases. The Division Chief will then brief the 1 st Assistant on the case and his recommendation on the case. If the 1 st Assistant approves, the Division Chief will be the signatory on the pretrial diversion contract. The latest the Division Chief should be given a pretrial diversion contract for signature is the day before the contract is to be signed. That way the Division Chief can read it over and make plans to personally appear for the contract. Defendants WILL admit guilt in the contract and have their thumbprint taken and placed on the contract. 10) No dismissals should be signed on a Veterans Court case without the express authorization of the Chief of Veterans Court, no matter the judge s feelings on the case. Should the Chief not be available, consult the Division Chief. 11) The prosecutor handling Veterans Court docket on any given day will run it to see what is on the docket, take only those cases to court, and SHALL take notes as necessary during staffing so that other Veterans Court prosecutors can be kept up to speed on how Defendants are doing in the program.