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Presiding Judge: The Honorable Michael E. Jackson
Coordinator: Amanda Wozniak, MS July 2017
Lessons Learned: One Year After
Starting a Veterans Treatment Court
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2
OVERVIEW
Deployment, Service Connection
& Family Service (n=82)
24
13
5
2
40
29
0 5 10 15 20 25 30 35 40 45
IRAQ
PERSIAN GULF
VIETNAM/SE ASIA
KOREA
FAMILY SERVED IN MILITARY
SERVICE CONNECTED
Substance Use Diagnoses (n=82)
42
29
20
10
18
7
68
COCAINE ALCOHOL OPIOID CANNABIS HAVE 2NDARY SUD HAVE 3RD SUD HAVE BOTH SUD + MH
Pe
rce
nt
Mental Health Diagnoses (n=58)
31
24
12
9
7
4
2
2
2
2
2
0 5 10 15 20 25 30 35
DEPRESSION/DEPRESSIVE DIS
PTSD
BIPOLAR
ANXIETY
BORDERLINE
ANTISOCIAL
ADHD
MOOD DISORDER
PANIC DISORDER
PARANOID SCHIZOPHRENIA
PERSONALITY DISORDER
LESSONS LEARNED
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Lesson 1: Recognize the Limitations of
the Treatment Team
• Treatment Team: All new to Specialty
Docket concept
• Many members had no or limited experience
• Others with experience had no or limited
dealings with veterans
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Lesson 1, Continued:
13
• Collaborative effort not like unit of an organization − Takes time to understand this concept
− Team members learn to stay within his/her role
• As the VTC grows, work load increases − Time availability can become an ongoing concern
• Coordinator: Must recognize service problems − Should report to Judge
− See our organization chart
Lesson 2: Expect Treatment Team Changes
• More than 10 Changes to Treatment Team and
Supporting Staff:
− Probation officer replaced and another PO added
− Two Prosecutors replaced; then replaced again
− County Case Manager replaced twice
− Vet Center representative added to address MST,
combat vets (and family) without full VA benefits
− Repeated changes of Sheriff’s deputies
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Lesson 2, Conclusion:
• Strive for retention, but expect changes
• Work around struggling members; help or replace
• Probation Officer/Case Manager disrupts rapport
• Coordinator is key to maintaining effective
Treatment Team
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Lesson 3: Three EBP Problems–
(a) Don’t Rely on Memory to Apply EBP
• Applied EBP by collective memory to determine
consequences (sanctions); No written standards
• Developed sanction categories: Low, Medium,
High; Tracked number of violations
• Decided new or similar issues based on memory
• Not sure if decisions were consistent
• Veterans know if same/similar conduct does not
result in same/similar consequence
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3(a). Lesson Learned, Solution
• Treatment Team developed agreed responses
to violations
- Document agreed responses
- Review every 6 months to 1 year
• Maintaining standards ensures fairness - Your veterans watch what happens
• Use EBP Behavior Management Probation
Department Guidebook
- See VTC Guidebook on website
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3(b). Unforeseen Problem with Growth &
Splitting the Docket:
• Targeted VTC size:
- 60 veterans per year
- Obtained SAMSA grant based on 60
• At 25 vets, changed to 2 dockets:
- Docket too large
- Separate risk levels: HR/HN & MR/HN
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CC VTC Docket:
Additional Veterans Per Year
HR/HN MR/HN Totals (SPARS to date)
2015: 14 0 14 (6/15-12/15) (split docket in 2016)
2016: 30-35 10-15 43
(estimated throughout year)
2017: 19 6 25
2 Graduations: Totals: 7 (HR/HN: 4) (MR/HN: 3)
Totals: 7 (HR/HN: 2) (MR/HN: 5)
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3(b). Lesson Learned, continued:
• Bi-weekly Docket: More time: to discuss vet’s
case, to plan better, and to correct oversights
- Meeting between Court sessions very helpful
• Weekly Docket: Must follow-up priority issues
from last docket while preparing for next docket
- No extra Team meeting between court sessions
- Reduces time to plan and to correct errors
• Splitting the Docket
- Less time to plan
- Less time to correct mistakes
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3(b). Lesson Learned, Solution:
After Each Docket:
Coordinator sends follow-up memo to
Treatment Team:
- Previous docket items to be addressed
- Upcoming docket items to be addressed
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3(c). Lesson Learned, EBP Final Thoughts:
On-going Team Training:
• Implemented training sessions quarterly
• Bring in others re: initiatives & collaboration
Suggested Topics:
Suicide Prevention, MAT, Narcan Kit usage,
Mental Health 101, Understanding Trauma;
Invite local treatment programs to educate Team
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Lesson 4: Three Unforeseen Difficulties
with Case Management & Assessments
In the Beginning:
• Believed procedures for both were in place
• However, neither worked effectively or
efficiently, when applied to actual cases
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4(a) Providers- TASC & VA – Differ re:
Case Management
• VA National Standard: VJO is “case manager”
- TASC also says provider is “case manager”
• Cleveland VA differs:
- VJO is “facilitator;” VJO is less involved; role is to
connect VA eligible veterans to VA services
- Must find ways to resolve this issue
• Also, VTC orders treatment
• VA considers participation is voluntary
• Can be a “mixed message” to vets
25
4(b) Providers – VA & County/Community
Differ: Case Programming
• VA residential treatment 28 days vs 30-60-90 days for
County/Community
- Know your vet’s needs before referral
Important to note:
• Beds paid by Grant & Per Diem (GPD) provide
significant cost savings; these providers understand
veterans’ needs
• Get Grant approval to pay county/community costs
due to VA delay or wait-listed for VA treatment
26
4(c) Difficulties with Administrative Assessments
Expect Delay & Need Extra Effort
• Had to train court, jail, and bond personnel to
ask the right questions re: military status
- More needed than Handout Sheets
• Had to train Judges and Bailiffs to properly
refer veterans to VTC
- Local Rule & handouts are not sufficient
27
4(c) Lesson Learned, continued:
• Face-to-face meetings or “stopping by”
Bailiffs/Judges makes a difference
- Including appearing at pre-trials, pleas, sentencings
• Developed a referral packet for Judge/Bailiff/
Probation Officer
- See slide: Judge/Bailiff Overview.
• Request clinical assessments at time of
administration referral
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Lesson 5: Unexpected Difficulties with
Grants & Funding Sources
Substance Abuse, Mental Health, and Trauma
• Understand the “fine print” in Grant
− Our SAMHSA Grant says VTC is a “hybrid court,”
meaning a drug + mental heath court
− But, Grant only accepts vet with MH and Trauma if
SUD is primary; only pays for SUD
• Know the limits of your community based
services
• Use 501(c)(3), to pay alternate treatment (either join an umbrella entity or start one)
31
Lesson 6: Deciding When & How to Collaborate
Not “if” you will collaborate, but when:
• Use memorandum of understanding (MOU) with
other courts and state prison authority
• Mentor Program; use 501(c)(3) to connect with
community and obtain funds
• Veterans Pod in Jail:
− Developed with Sheriff
− Veterans are in one location
− Includes programming, job skills for low-moderate risk
offenders
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(6) Lesson, continued:
• Utilize Employed/Professional Veterans in your
County/City System
• Community-based programming
- Sexual Assault Counseling, Domestic Violence
Centers, D.I.E.T. programs
• Work with other VTC
- Joint Mentor Training
- Joint 501(c)(3)
- Case referrals/transfers
• Apply Sequential Intercepts Mapping
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(6) Lesson: Collaboration, continued:
Sequential Intercepts Mapping
34
Lesson 7: Spend More Time Finding and
Training Mentors
Something always ends up short;
don’t let it be the Mentor Program.
• Mentor Coordinator(s)
− Find a way to pay at least part time position
• Recruit younger vets & female vets
• Implementing training - biannual & mini-training
sessions
Time = Investment = More effective VTC 35
Lesson 8: Finally, Other Lessons Learned:
• Get involved in veteran organizations in the
community (especially as a civilian working with veterans)
• Plan early for Recognition Ceremonies
− Include the media
• Get involved with Veterans’ Day related events
• Connect with Veteran Courts in your state
− Create an email group to stay connected and
collaborate (e.g., Mentor Trainings; Policy examples)
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This is the Goal:
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Veteran Treatment Docket Outcome (n=19)
74%
5%
21%
Successful Completion(n=14)
Termination (n=1)
Death (n=4)
NOMs & Veteran Court Outcomes
Program Indicator
National
%
Benchmark
Veteran Court
% (n=14)
Treatment Completion 71 74
Employed/Education/ Job Training 89 47*
Stable Housing 83 73
No Substance Use 74 100
No Re-Arrests 94 93
Socially Connected No NADCP
Benchmark Yet 100
* For Veterans who are service connected employment/education enrollment may be difficult
QUESTIONS & COMMENTS
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THANK YOU
Judge, Michael E. Jackson [email protected]
Coordinator, Amanda Wozniak [email protected] // 716.481.5030
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Cuyahoga County
Veterans Treatment Court
The Justice Center
1200 Ontario Street
Cleveland, OH 44113
FOR MORE INFORMATION:
Amanda Wozniak
VTC Coordinator 216.443.8484
Fabyen Robinson
VTC Probation Officer 216.443.8089
Our Mission Our Veterans Treatment Court offers veterans the
opportunity to lead healthier, law abiding, and more
productive lives that benefit both the veteran and
our community. We seek to accomplish this by:
frequent discussions with the VTC Judge; by holding
the veteran accountable for his or her conduct;
through the engagement of the VA services and
community treatment organizations; as well as
utilizing volunteer veteran mentors to provide
support based on their shared military experience.
Judge Michael E. Jackson
The Justice Center
1200 Ontario Street
Cleveland, OH 44113
Courtroom 15-D
216.443.8755
Goals of the Veterans Treatment Court
Increase self-sufficiency
Eliminate substance abuse
Eliminate criminal activity
Eliminate veteran homelessness
Increase positive community-based activities
Increase the number of veterans linked to veteran
benefits
Increase community awareness of these veterans
Reduce confinement and costs related to custody
Veterans Crisis Line Confidential & Toll Free
1-800-273-8255
http://www.veteranscrisisline.net/
The Veterans Crisis Line connects Veterans in crisis and their families and friends with qualified, caring
Department of Veterans Affairs responders through a confidential toll-free hotline, online chat,
or text 24/7.
Army
Air Force
Coast Guard
USMC
Navy
How to Enter the
Veterans Treatment Court Program
1) Any veteran or anyone acting on the veteran’s behalf can submit referral form to the VTC Coordinator.
2) The veteran then meets with VTC Coordinator (administrative screening), followed by a meeting with a Case Manager to complete a treatment evaluation (clinical assessment).
3) The VTC Treatment Team meets and reviews these evaluations with the VTC Judge, who makes the decision to accept the veteran.
4) If the Judge assigned to the veteran’s case and the VTC Judge approves, an official acceptance and
What Happens In VTC?
The VTC is made up of four different phases which
take at least 12 months (more likely 18 months) to
complete in order to complete from the program.
Participants must complete a set of requirements to
advance through each of the four phases, including
random and frequent drug and alcohol screens. A
separate track for Diversion-related programs has
been created to meet the needs of eligible veterans.
Veterans are rewarded for their compliance of the
program; non-compliance is addressed immediately
with the goal of changing high-risk conduct in order to
successfully complete the program.
While in VTC, a Veteran will be able to:
Develop relationship with Vet-to-Vet mentor
Regularly discuss your case with the VTC Judge
Utilize the Veterans Benefit Administration to
determine if each veteran qualifies for disability
compensation, pension, education benefits, or
vocational rehabilitation services
Address civil legal matters through The Legal
Aid Society of Cleveland and Pro Bono legal
experts
Participate in assessment for needs such as
housing, medical, dental, childcare, etc., and
receive assistance with those needs
Receive an individualized treatment plan, which
may include mental health, trauma, and
substance abuse treatment
What is Veterans Treatment Court?
The Cuyahoga Court of Common Pleas Veterans
Treatment Court (VTC) is a voluntary 12-18 month
program for veterans who are struggling with
addiction, mental health issues or engaging in high-
risk conduct and poor decision making.
Who is Eligible?
The VTC team evaluates potential participants on a
case-by-case basis. In general, participants must have:
Served in the U.S. Armed Forces, regardless of
discharge status, and must have completed
Basic Training
Felony charge(s) in Cuyahoga County where
veteran is eligible for probation, including
diversion-related programming
Engaging in high-risk conduct and poor
decision making or with current mental health,
or substance abuse problems, or a trauma-
related incident
**Veterans assessed at moderate-risk may also be
eligible for transfer
What are the Program’s Benefits?
Opportunity to lead a healthier, law abiding, and
more productive life
Regain personal pride as a veteran
Vet-to-Vet mentor support
Access to a comprehensive treatment plan
through the VA or community providers
Team of support and case management to help
increase your chances of success
VTC Flowchart
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CUYAHOGA COUNTY COMMON PLEAS
VETERANS TREATMENT COURT
A SPECIALIZED DOCKET SERVING THE NEEDS OF
UNITED STATES VETERANS AND THOSE SERVING ON
ACTIVE DUTY, THE RESERVES, OR THE OHIO NATIONAL GUARD
_________________________________________________________________
PRESIDING JUDGE:
Judge Michael E. Jackson
Program Description and
Policies and Procedures Manual
June/July 2017
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TABLE OF CONTENTS
1. POLICIES AND PROCEDURES……………………………………….......... 3
Program History
Advisory Committee
Mission Statement, Goals, and Objectives
Peer Mentor Program Component
2. TARGET POPULATION AND ELIGIBILITY……………………............. 11
3. PROGRAM ENTRY AND CASE FLOW………………….……………..…. 16
Referral Process
Screening and Assessment
Program Admission and Non-Discrimination Policy
4. TREATMENT TEAM….…………………………………….……….…….... 23
Specific Role and Responsibilities of Treatment Team Members
5. VETERAN MONITORING………………………………………….…….... 30
Treatment Team and Status Review Schedule
Policy on Veteran Attendance at Status Review Hearing
Summary of Treatment Planning
List of Available Agencies and Services of the VJO
Phases of the VTC Program – Policies
VTC Phase Stages & Graduation
Rules, Rewards (Incentives), and Consequences (Sanctions)
6. PROGRAM COMPLETION AND TERMINATION………….…………... 50
Criteria for Successful Completion
Criteria for Termination, Unsuccessful Discharge & Neutral Discharge
7. SUBSTANCE MONITORING……………………………………..…….….. 54
8. PROFESSIONAL EDUCATION……………………………...…..………... 58
9. PERFORMANCE OUTCOME MEASURES/EFFECTIVENESS
EVALUATION…………………………………………………………….… 60
Reporting Requirements
10. APPENDIX ……………………………………………………….………..…. 62
See Appendix page for a listing of all the existing or added documents
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CHAPTER I
Policies and Procedures
Program History
On November 13, 2014, the Cuyahoga County Common Pleas Court, comprised of 34 Judges,
voted to implement a Veterans Treatment Court (VTC) for individuals who have served in the
United States Military (veteran), and those presently serving on active Military Duty, the
Reserves, or the Ohio National Guard (collectively, service members). For convenience, the term
“veteran” is used throughout this Program Description and Policies and Procedures Manual to
include all service members, unless it is appropriate to refer to service members separately.
The VTC was adopted after the Cuyahoga Court of Common Pleas considered the needs of the
veterans in Cuyahoga County and recognized its ability to address these needs in light of the
mission, objectives, and statutory obligations of this court. Common Pleas Judge Michael E.
Jackson, a veteran himself, was appointed to preside over the VTC.
As of December 30, 2012, Cuyahoga County was home to 9.7% of the state’s veteran
population—by far the largest veteran population in Ohio. The total veteran population in Ohio
equaled 844,000, with 82,000 veterans in Cuyahoga County. A recent review by the Cuyahoga
County Sheriff’s Department indicated that approximately 550 veterans (who acknowledged
their military service) were booked into the county jail in a 12-month period. The Probation
Department noted that in calendar year 2014 approximately 210 veterans (who acknowledged
their service) were sentenced to community-control sanctions (that is, probation).
Veterans have unique needs. Those who have left the military and reintegrated into the civilian
community, and service members who are presently on active or some form of reserve duty, face
issues and circumstances that are not experienced by their non-veteran peers. Veterans and their
families experience unique stressors as part of the military experience. For many veterans, these
stressors or difficult experiences occur while on duty and continue to last after leaving the
military. For other veterans, these issues surface only after service.
Veterans respond better when other veterans assist them in dealing with their problems, even if
these problems are not service related. Common to both of these situations is the shared military
experience. This shared military experience is one of the keys to the success of other veteran’s
treatment courts in Ohio and the nation1. This VTC has followed those successful guidelines and
1 As of August 30, 2016, of the 11 counties in Ohio with the largest veteran populations, 10 now have veterans treatment
courts when including Cuyahoga County, which has the largest veteran population. The nine other counties with the
largest veteran populations and at least one veterans court are, in order: Franklin, Hamilton, Montgomery, Summit,
Stark, Lucas, Lorain, Butler, and Mahoning. Counting Cuyahoga, there are a total of 16 veterans courts in Ohio: 10
Municipal Courts and 6 Common Pleas Courts that have applied for, or received some form of, Ohio Supreme Court
certification.
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practices developed by other veteran’s treatment courts, as well as adapted our own, as described
in this Program Description and Policies and Procedures Manual.
For the veterans who are charged with felonies2, traditional sentences of probation may not
provide the appropriate rewards (incentives) and consequences (sanctions) to adequately suit
their needs. However, probation services tailored to a military experience make a direct and
positive difference to veterans and, thereby provide an indirect benefit to the entire community,
as reflected by the initial data available from other veteran’s treatment courts in Ohio and the
nation. In addition to the shared military experience, the positive difference for veterans is also
the result of providers who are knowledgeable about and able to empathize with the military
experience and use that special knowledge to help address and solve their attempt to successfully
complete VTC.
Accordingly, the VTC is committed to providing a dedicated court for veterans with judicial
oversight of court processing and programming to create prompt access to a range of services
within the community. The purpose of the VTC is to develop in each veteran greater self-
sufficiency and the ability to live a law-abiding life. The intent and goal of the VTC is to reduce
recidivism, promote public safety, and provide alternatives to incarceration for veterans. To
accomplish this, the VTC will work closely with the Veterans Administration (VA) and other
services and agencies mentioned in this Manual.
The Supreme Court of Ohio is certifying veteran’s treatment courts separately from drug courts
and mental health courts because a VTC connects to the shared military cultural experience by
serving the specific needs of veterans. The culturally specific approach is diminished when
veterans are participating in these services with non-veterans. A mixed approach does not
provide the specific comprehensive case management service necessary for veterans.
Other veterans’ courts in Ohio and throughout the nation have addressed the high numbers of
veterans in the criminal justice system in need of treatment for trauma, substance abuse, mental
illness, military and civilian sexual trauma, aggressive behavior, and other characteristics and
conduct leading to felony charges. These circumstances may arise from war- or service-related
illnesses and conditions, as well as illnesses and conditions unrelated to service that contribute to
high rates of substance abuse, suicide, domestic violence, divorce, homelessness, arrests, and
incarceration. Recognizing the effect of these related illnesses and conditions, the Cuyahoga
County Common Pleas Court decided to be more specific in its response to the realities faced
daily by veterans. Non-war or non-service related circumstances experienced by veterans in our
community are specifically addressed by the VTC because preliminary results show that this
approach is helpful to all veterans and the community.
2 The VTC is also available to those veterans released from prison through any re-entry programs supported by the Ohio
Department of Rehabilitation and Corrections (DRC), including judicial release available by statute and the Cuyahoga
County Re-Entry Court.
5
A VTC for felony offenders in Cuyahoga County is a continuation of the effort to provide a
reasoned, effective, and evidence-based response to the needs of offenders in Cuyahoga County.
In addition to this VTC, Cuyahoga County is fortunate to have a Mental Health Court, a Re-
Entry Court for those released from prison, and two Drug Courts for offenders facing felony
charges. In addition, the City of Cleveland has a VTC, Drug Court, and Mental Health Court for
misdemeanor offenses. In addition, our community developed several behavioral health
programs to promote treatment alternatives to incarceration, to promote increased public safety,
to reduce recidivism, and to contribute to self-sufficiency.
By providing effective and appropriate treatment in a court-driven, specialized court, the VTC
seeks to reduce recidivism, increase treatment compliance, and improve the integration of other
criminal justice systems in Cuyahoga County. These results are expected, because of the efforts
of the members of the VTC Advisory Committee and Treatment Team, as discussed in detail
throughout this Manual. Both groups include a wide range of stakeholders representing
behavioral health and ancillary service community agencies, law enforcement, criminal justice
agencies, and the VA.
The Cuyahoga County VTC opened its docket in May of 2015. The VTC Judge holds hearings,
called Status Review Hearings, every Thursday. The docket is split into High Risk/High Needs,
and Moderate Risk/High Needs veterans, all of whom report on alternating Thursdays in order to
maintain an evidence-based approach to the docket. Veterans return regularly to the VTC for
these hearings: twice a month at the outset, and thereafter not less than once a month when the
VTC Judge determines the veterans are ready, typically when the veteran progresses to the last
stage of the program, called Phase IV. Prior to each Status Review Hearing, the staffing group
known as the Treatment Team meets with the VTC Judge to discuss and review progress,
problems, barriers to successful treatment, and service coordination, including implementation of
cross-disciplinary responses. In chapters 4 and 5 the Treatment Team is described along with
each member’s respective duties.
Advisory Committee
Shortly after the Cuyahoga County Common Pleas Court voted to implement a VTC, an
Advisory Committee for Planning (Advisory Committee) was formed for the planning and
implementation of the VTC. The Advisory Committee consists of key officials and policy
makers who: (1) discussed and reviewed written policies and procedures regarding the goals and
objectives of the VTC program; (2) identified the target population to be served by the VTC; (3)
provided input as to the roles and responsibilities of the Treatment Team members; and (4)
provided input on policies and operations and communicate regularly with local officials.
The Advisory Committee held meetings and approved all materials sent to the Supreme Court of
Ohio for certification. These meetings were essential for reviewing and determining the
appropriate program materials, referral process, policies, and ongoing coordination of services.
6
The Advisory Committee has approved three documents: (1) this Manual, which includes the
legal and clinical eligibility, completion, termination, and neutral discharge criteria; (2) the
Participation Agreement for each veteran to sign regarding the terms to participate in the VTC;
and (3) the Participant’s Handbook (Handbook), which explains in detail the rules, guidelines,
program information, rights, and responsibilities of each veteran in the VTC. In addition, the
VTC and the VA has signed a Memorandum of Understanding (MOU), attached to the
Appendix, to establish the terms of operation between the parties. Other MOU(s) may be entered
into by the VTC and other entities or agencies when considered necessary, and these MOU(s)
will also be attached to the Appendix.
Sup.R., Appx. I, Std. 1 (A).
The Advisory Committee presently consists of the following agencies and members:
Sup.R., Appx. I, Std. 1 (B), pp. 7, 8.
Cuyahoga County VTC Judge and Chair of Advisory Committee
Cuyahoga County VTC Coordinator
Cuyahoga County Prosecuting Attorney (Representative)
Cuyahoga County Public Defender (Representative)
Cuyahoga County Re-Entry Department (Representative)
Cuyahoga County Corrections Planning Board (Administrator)
Cuyahoga County Alcohol, Drug, and Mental Health Services Board (Representative)
Cuyahoga County Board of Developmental Disabilities (Representative)
Cuyahoga County Treatment Alternatives to Street Crimes (TASC) (Treatment
Clinician)
Cuyahoga County Probation Department (Probation Administrator)
Veteran Health Administration (VJO Representative)
Veteran Health Administration (Vet Center Representative)
Veteran Benefits Administration (Benefits Representative)
Cuyahoga County Executive Office (Representative)
7
Cuyahoga County Council (Representative)
Cuyahoga County Veterans Service Commission (Executive Director)
Cuyahoga County Criminal Defense Bar Association (Representative)
Cleveland Metropolitan Bar Association (Representative)
Legal Aid Society of Cleveland (Representative)
Ohio Department of Rehabilitation and Correction (Representative)
Cuyahoga County Sheriff (Representative)
Cuyahoga County Police Chiefs Association (Representative)
A Designated Researcher/Evaluator to assess VTC processes and outcomes
A Designated Not-For-Profit Organization Assisting Veterans
Cuyahoga County Veteran Service Associations
Overview of the Advisory Committee: The Advisory Committee is chaired by the VTC Judge. The
VTC Judge and other members of the Advisory Committee will meet as needed, but not less than
quarterly for the first two years of the VTC and thereafter semi-annually or annually, as determined
by the Advisory Committee. At designated times the Advisory Committee will review a
sustainability plan, community outreach and education plan, program policies, and any updates to
program materials and processes. The Advisory Committee will review functionality and assess
policies no less than once a year. Members (or representatives of Members) are expected to
participate for two years in order to assure continuity. A roster, including contact information, is
attached to the Appendix and will be updated as necessary.
Sup.R., Appx. I, Std. 1 (B).
Mission Statement
The first mission of the VTC is to identify veteran felony offenders who would benefit from the
intensive treatment and close supervision of the VTC. The second mission is to provide them
with access to behavioral health services, substance-abuse programs, mental health treatment,
trauma-focused care, and other service needs. The third mission of the VTC is to successfully
rehabilitate these veterans by diverting them from the traditional criminal justice services
available on probation or a prison re-entry programs by providing them with dedicated tools and
services tailored to a shared military experience, including a voluntary veteran peer-mentor
program, to better empower them to lead a productive and law-abiding life.
8
Goals and Objectives
Sup.R., Appx. I, Std. 1 (C), pp. 8-10.
Goal: Connect veterans charged with felonies to the VTC in order to address the needs of these
veterans through a shared military experience so that they may better assist themselves and
others.
Objective: Accept a minimum of 60 cases per year to the VTC, and reassess from time to time
the capacity to accept additional cases.
Goal: Reduce the cost of incarceration or institutionalization on the taxpayer, and increase the
successful completion of probation for those veterans who have behavioral health needs.
Accordingly, preference will be given to those veterans assessed as High Risk/High Need, as
well as those suffering from war-related conditions or injuries.
Objective: Divert correctional/institutional bed days to VA-based treatment for those veterans
eligible for such benefits or to other community-based treatment services for those veterans who
do not qualify for VA services.
Goal: Reduce the recidivism rate of veteran offenders.
Objective: The recidivism rate will be no more than 15%. Recidivism is defined as a new
conviction ordered by any court in Ohio for a first-degree misdemeanor or any felony, or a
comparable conviction from another jurisdiction within 12 months after VTC graduation.
Goal: Identify, assess, and refer veterans to specific programming designed to assist veterans to
take responsibility for their actions and treatment outcomes to promote stable and improved
behavioral health.
Objective: Have a successful graduation rate of 85% of veterans admitted to the VTC program
by completing their treatment plan for behavioral health needs and by following the VTC rules.
Goal: Reduce the substance abuse of veterans who participate in the VTC, whether they
complete the program or not.
Objective: Reduce substance abuse by at least 75% for the veterans who use illegal drugs,
prescription drugs, and other substances, as tracked by drug screens or verified self-reporting.
Goal: Link veterans to services related to basic needs (e.g., financial benefits, housing subsidies,
employment).
Objective: Link all veterans to the services available to reduce homelessness, unemployment, or
provide benefits for disability.
9
Goal: Create effective partnerships between the Veteran Justice Outreach Specialist of the VA
(VJO), the VTC, the Cuyahoga County criminal justice system, the VA health and benefits
systems, and community-health systems.
Objective: Facilitate relationships and create memorandums of understanding with stakeholders
who serve the veteran population, such as those represented on the Advisory Committee, other
governmental units, or other organizations.
Sup.R., Appx. I, Std. 1 (C), pp. 8-10.
Mentor Program Component
Veterans are better served by having a support system that includes other veterans who
understand the different aspects of the military experience and who understand the issues of re-
adapting to civilian life. Mentors are veterans who volunteer their time to assist veterans in the
VTC. Mentors develop a supportive relationship with veterans to increase the likelihood that
they will remain in treatment, attain and manage sobriety, maintain law-abiding behavior, and
successfully readjust to civilian life. All Mentors will take part in a training program before
assisting veterans, as well as attend all continuing training programing when scheduled.
The Mentor Program consists of Assisting Mentor Coordinators, a Community Outreach
Mentor Coordinator, and veteran Mentors. The Mentor acts as a coach, a guide, a role model, an
advocate, and support for the veteran that only another veteran can provide. A Mentor is not a
counselor or a legal or financial advisor. The Mentor encourages, guides, and supports the
veteran at each stage of the VTC process. This includes listening to the concerns of the veteran,
making general suggestions, assisting the veteran to determine his or her needs, and providing a
supportive message for the veteran during this anxiety-inducing time. The Mentor’s duties and
responsibilities are:
Work respectfully and professionally with the other Mentors, and provide support and
assistance to other Mentors.
Attend Status Review Hearings and other court sessions when scheduled. Participate
and lead Mentoring sessions with veterans after assignment by the VTC Judge.
Provide support and understanding for the difficulties other veterans are facing.
Assist the veterans in resolving their concerns about VTC procedures. Develop and
utilize a resource book to assist veterans.
Assist veterans to access and navigate the VA’s system and other support systems.
Refer veterans to appropriate service providers (e.g., Housing).
10
Maintain confidentiality, unless the veteran poses a threat to him or herself, and/or a
threat to someone else.
11
CHAPTER 2
Target Population and Program Eligibility
Target Population
The target veteran population for the VTC is based on clinical and administrative guidelines.
The mission of the VTC is to: (1) identify veteran felony offenders that would benefit from the
intensive treatment and close supervision of the VTC; (2) provide access to behavioral health
services, substance-abuse programs, mental health treatment, and trauma-focused care; and (3)
provide other ancillary-service needs available to the VTC.
Not all veterans charged or convicted of a felony need this type of program. The primary focus of
the VTC is to select: (1) those veterans who are considered “High Risk/High Needs” individuals,
meaning that these veterans have a high risk of re-offending and they have a high number of needs
that require attention in order to reduce the risk of re-offending; (2) those veterans who are
considered Moderate Risk/Moderate Needs individual’s; and (3) those veterans with a demonstrated
trauma-related injury such as Post Traumatic Stress Disorder (PTSD),traumatic brain injury, or
military sexual trauma. For various reasons, other veterans who do not have either risk assessment
may be admitted into this program at the discretion of the VTC Judge. The Advisory Committee
developed, reviewed, and agreed upon the following criteria to assist those veterans who need these
types of services and programing.
Sup.R., Appx. I, Std. 1 (C).
Legal Eligibility Guidelines
Sup.R., Appx. I, Std. 3 (A), pp. 12-15.
At any point after arraignment, each veteran may enter VTC at any of the following stages of his
or her case: (a) before a Plea; (b) at the time of a Plea, including Diversion, Intervention in Lieu
of Conviction, or Early Intervention Program (collectively, Diversion-Related Programs); (c) at
Sentencing if placed on Community Control Sanctions); (d) after release from prison when
participating in a re-entry program such as Judicial Release, Post Release Control (usually called
Parole or PRC); or (e) after acceptance into the Cuyahoga County Re-Entry Program or any
other early release prison program authorized by the Ohio Department of Rehabilitation and
Corrections (DRC) (collectively, all called Re-Entry Related Programs).
Voluntary Participation and Withdrawal by Each Veteran; Not a Right to Participate in the
VTC; the VTC Judge’s Decision to Accept and Terminate a Veteran’s Participation in VTC:
A veteran must VOLUNTARILY agree to participate in VTC and have the ability to understand the
requirements of the program. Each veteran may withdraw from participating in the VTC before
formal acceptance into the program, and if that occurs, he or she will be placed in a regular
Probation unit or program, if the VTC Judge determines the withdrawal is a “neutral discharge” as
explained in Chapter 6. Each veteran must be assessed and successfully screened by the VTC,
12
accepted by the VTC Judge, and must sign the Participation Agreement agreeing to participate in
this program as discussed in detail in this Manual, including signing a release of medical
information. However, a veteran does not have a right to participate in the VTC. Even if a veteran
satisfies all written legal and clinical eligibility criteria as stated in this Manual, he or she may not be
offered participation in the program. The VTC Judge has final discretion to admit a veteran into
VTC, based on written eligibility criteria stated in this Manual. After each veteran is admitted into
the VTC, the VTC Judge has the discretion to terminate each veteran’s participation in accordance
with the written criteria stated in this Manual.
Sup.R., Appx. I, Std. 3 (B), 3 (C).
Eligibility: A veteran is eligible for transfer to the VTC when charged with a felony as described
in the next section, provided the veteran presents evidence of military service with military form
DD-214. A veteran’s discharge status does not necessarily affect eligibility. A veteran with a bad
conduct or a dishonorable discharge, or a veteran with a discharge of other-than-honorable
conditions from the National Guard, must present compelling circumstances to warrant
acceptance by the VTC Judge. The DD-214 is easily obtainable and assistance will be provided
to a veteran by the Cuyahoga County Veterans Service Commission, the VJO, a VA Benefits
representative, or the office of the State of Ohio Veterans Affairs Department.
Sup.R., Appx. I, Std. 3 (B).
Types of Cases: (1) Permitted Felonies. Any felony offense for which a veteran may receive a
sentence of community-control sanctions makes that veteran eligible to transfer to the VTC,
subject to the approval of the VTC Judge. All cases are reviewed and accepted on a case-by-case
determination by the VTC Judge. A veteran who receives a sentence of probation for a sexually
oriented offense or a gang-related offense, or who has a criminal record of such crimes, must
present compelling circumstances to warrant acceptance by the VTC Judge. At any point after
arraignment, a veteran may be referred to the VTC, but when a veteran is convicted of or pleads
to a felony of the (a) first degree, (b) second degree, or (c) third degree that is subject to a greater
sentence because of the type of crime (usually called “higher tier”), the assigned Judge will
sentence the veteran before transfer to the VTC. (2) Diversion-Related Cases and Re-Entry
Cases: A veteran who qualifies for any Diversion-Related Program or any Re-Entry Related
Program is also eligible for the VTC, subject to approval by the VTC Judge. A plea involving a
Diversion-Related Program must be entered by the assigned Judge before transfer to the VTC.
Guilty Plea: Veterans must plead guilty as charged or as required by a plea agreement, including
charges in a Diversion-Related Program.
Transfer: The VTC will accept assignment at any stage after arraignment: before a plea; after a
plea and before sentencing; after sentencing and while on probation if 12 months or more
(preferably 18 months) remain to be served; or if a veteran is willing to extend probation to be
considered.
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Early Transfer Encouraged: Each Cuyahoga County Common Pleas Court Judge is
encouraged to transfer a veteran’s case sooner rather than later and preferably no later than after
the plea. Transfer before the plea is strongly encouraged.
Length: From the time the veteran starts the VTC program, programming will last for a
minimum of 12 months, with 18 months as the more likely time period. Additional time, if
needed, may be extended by the VTC Judge for good cause, subject to the terms, conditions, and
limitations imposed by probation.
Transfer to Drug or Mental Health Court: If a veteran needs to be transferred to one of
Cuyahoga County’s other specialized dockets, then the VTC Judge will recommend that transfer.
Targeted Risk Level: Priority acceptance to the VTC will be given to: (a) the veteran with a
High Risk/High Need assessment; or (b) the veteran with a demonstrated trauma-related
circumstance or injury, whether or not service connected, such as PTSD, traumatic brain injury,
or military sexual trauma. Veterans identified as low risk/low need will not be accepted, unless
other factors are present. All other veterans with risk assessments between these two assessments
may be accepted, if the assessment so indicates and the Judge of the VTC accepts the veteran.
Service-Connected Condition Not Required: Eligibility to participate in the VTC is not limited
to a veteran who has a service-related injury or disability.
VA Benefits Not Required: If a veteran is not eligible for VA medical benefits, the veteran may
be eligible for community-treatment programs available to individuals on probation, and the
veteran will utilize those benefits for VTC treatment programs ordered by the VTC Judge. If a
veteran is eligible for VA medical benefits, that veteran will utilize those benefits for VTC
treatment programs ordered by the VTC Judge. In addition, for those veterans with discharges
that enable them to receive benefits available at Vet Centers, the VTC will take steps to ensure
that these benefits are utilized to the fullest extent possible. Supplemental benefits provided by
the Cuyahoga County Veterans Service Commission that are not provided by the VA or other
community agencies may be available to an eligible veteran as determined by such agency.
Finally, VTC will coordinate with the Cuyahoga County Veterans Service Commission, the
Department of Justice Bureau of Justice Assistance, and local government resources wherever
possible to provide supplemental benefits not otherwise covered by the VA or other community
agencies.
Eligibility Review Process
A Judge will make a referral to the VTC by ordering a “Veterans Treatment Court
Assessment.” The veteran, with the assistance of the VTC Coordinator, will make an
appointment with the TASC Clinician or the VJO to complete the assessment.
14
The VTC Coordinator will meet with the veteran to describe the program, review the
Handbook and Participation Agreement, and answer any questions.
The VTC Prosecutor and the VTC Public Defender will both review each veteran’s
charges and criminal history to determine legal eligibility. Both acknowledge that a
non-adversarial approach will be utilized in addressing each veteran’s issues.
The VJO will confirm eligibility and need for VA treatment-related services.
The VTC Treatment Team will review the veteran’s eligibility and make a
recommendation to the VTC Judge, who will make the final decision concerning
acceptance to the VTC.
If a veteran is eligible and accepted into the VTC, the determination will be made within 30 days
of the referral for a VTC Assessment. The VTC Coordinator will provide the veteran and his or
her attorney—whether it is a Public Defender, a private retained attorney, or a private assigned
attorney (collectively, attorney)—with the date of the first Status Review Hearing for acceptance
into the VTC by the VTC Judge. Then the veteran will be promptly referred for the appropriate
treatment or services.
Sup.R., Appx. I, Std. 4.
Clinical Assessment Information
Clinical assessments evaluate the history and severity of eligible applicants’ substance use,
mental health, and trauma relevant to the treatment needs and amenability. Assessment is
completed upon acceptance into the program and when otherwise deemed clinically appropriate.
The clinical assessment means that a veteran must meet with VTC program staff to discuss his or her
current physical, mental, or behavioral symptoms and history of treatment. A veteran signs releases
of information to enable a review of that veteran’s history. If a veteran fails to report for the
assessment, a notice will be sent to the referring Judge explaining that the assessment was not
completed due to an absence. Failure to report for a scheduled assessment may result in
consequences (sanctions) from the referring Judge. Each veteran may be asked to provide the
following:
Treatment and Substance Use History, including Medical Release of Information
Criminal History
Current Address and Phone Number
Education and Employment History
Family History, Military History, and Discharge Status
Sup.R., Appx. I Std. 3 (A).
15
In order to qualify as a participant in the VTC docket, the individual must meet the following
clinical criteria:
Identified history of substance abuse or currently using substances such as alcohol or
drugs (prescription or illicit)
and/or
Diagnosed or identified mental health illness or disorder
and/or
Trauma-related incident (military or non-military)
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CHAPTER 3
Program Entry and Case-Flow
This chapter discusses the process of referring a veteran to the VTC. It details program entry and
case flow, including a description of the screening, assessment, and method of acceptance or
denial. The VTC Judge has final discretion to decide admission into the program in accordance
with the written legal or clinical eligibility criteria. The written legal and clinical eligibility
criteria do not create a right to enter the specialized docket, but rather, provide guidelines for
checking the VTC Judge’s exercise of discretion.
Sup.R., Appx. I Std. 3 (A), pp 17-23.
Referral Process
The VTC supports the referral of all potentially eligible veterans for review under these policies
and procedures. Referrals may be made formally and informally at any point in the criminal
justice continuum by: the veteran, his or her family or friends, judges, attorneys, prosecutors,
case managers, police officers, probation officers, jail or prison staff, or others. An informal
referral may consist of a phone call or discussion with any member of the VTC team. The team
will pass along referral information to the VTC Coordinator from all sources.
At some point, this process must be formalized by a written referral made by the Judge assigned
to the veteran’s case to the VTC. The formal referral process is initiated by a request from the
referring Judge for a “VTC Screening and Assessment.” Each Judge will have a pre-printed
referral form available in each courtroom. Upon receipt of this form, the VTC team will
complete a screening and assessment of a veteran to determine his or her suitability for the
program. The request will provide at least 21 working days for the screening and assessment to
be completed.
The following procedures explain that the VTC will promptly assess these veterans, create case
plans, and link veterans to the appropriate programming upon placement into VTC.
Screening and Assessment
Upon a formal referral requesting a VTC Screening and Assessment, the VTC Coordinator will
be responsible for initiating and completing the administrative screening, as outlined in detail
below. This will occur prior to VJO and Cuyahoga County TASC Clinician (TASC Clinician)
conducting the clinical screening for benefit eligibility and clinical appropriateness, also
described below.
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Administrative Screening and Assessment
The VTC Coordinator will make an initial administrative screening assessment by meeting with
the referred veteran prior to the completion of the clinical assessment and perform the following:
Explain the program to each veteran by reviewing the Handbook and Participation
Agreement, including questions about the program phases and expectations.
Confirm or take steps to confirm that the applicant is a veteran by obtaining a form
DD 214 or obtaining verification from the Veterans Administration.
Explain the guilty plea requirement based on a plea agreement resulting from an
indictment or information, or a guilty verdict by a jury or the court, and explain that
each veteran’s attorney will be able to answer any questions about any plea.
For veterans eligible for any diversion-related program, the guilty pleas do not
become a formal finding of guilt, thereby allowing the veteran to participate in such
programs while in VTC.
As with all pleas, the VTC Judge or the referring judge will conduct a plea hearing
that affords that veteran all of his or her constitutional rights. For veterans who are on
probation and transfer in to VTC, the participation agreement will be explained to
them.
Explain to each veteran the aspects of compliance, rewards (incentives), and
noncompliance, consequences (sanctions), including the criteria for termination.
Review any disqualifying factors, including residency, sex-offender status, history of
serious violent crimes and/or weapon charges, and review of the Pre-Sentencing
Investigation report, if available.
Review the Release of Information forms completed by each veteran, review privacy
rights, treatment information, and exchange pertinent contact information with each
veteran. The veteran or veteran’s guardian must sign a release-of-information form to
provide for communication about confidential information, participation and progress
in treatment, compliance with program requirements, and compliance with provisions
of relevant law, including the “Health Insurance Portability and Accountability Act of
1996,” 42 U.S.C. 300gg-42, as amended, and R.C. 2151.421 and 2152.99, and
Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R Part 2.
Request the Probation Officer to conduct an Ohio Risk Assessment Screen (ORAS)
assessment of each veteran that appears qualified.
18
Explain to indigent veteran that court costs and supervision fees can be satisfied by
community work service and that court costs are not charges while the veteran is
compliant. Payment plans will also be explained to the veteran. Restitution cannot be
satisfied by community work service.
When the administrative screening and risk assessment are completed, the Treatment Team,
consisting of the Judge, VTC Coordinator, Probation Officer, Prosecutor, Public Defender, VJO,
TASC Clinician, and Veterans Service Commission Officer will review the referral. If a referred
veteran is not accepted to the VTC, the referring Judge will be notified in writing and with that
notice, the Probation Department will provide other options to the referring Judge in order to
assist that Judge with connecting the veteran to available resources so that all veterans in the
Cuyahoga County criminal justice system have access to needed benefits and services. For all
veterans who successfully complete the screening process, the VTC Coordinator will forward the
referral information to the designated VTC Prosecutor for review of all referrals. The Cuyahoga
County Prosecuting Attorney’s office has discretion, after review of current charges and criminal
history, to recommend acceptance, recognizing that the final decision rests with the VTC Judge
after consideration by the Treatment Team. The designated Prosecutor, along with the VTC
Judge, VTC Coordinator and all other members of the Treatment Team, will take into account
the following factors when reviewing administrative eligibility:
The VTC has a commitment to work with those veterans who are considered high risk
for reoffending and high need in terms of behavioral health and support services in
the community. High Risk/High Need veterans are preferred for inclusion in the
VTC, as well as those veterans with a demonstrated trauma-related injury, such as
PTSD, traumatic brain injury, or military sexual trauma.
Mitigating and aggravating circumstances of current or prior court involvement will
be evaluated on a case-by-case basis.
A careful examination of the circumstances of prior juvenile or adult adjudications
and the age of the veteran are taken into account.
The age of potential disqualifying offenses are taken into account.
Clinical Screening and Assessment
After an Administrative Assessment has recommended the veteran for acceptance to the VTC,
the initial meeting will take place immediately with the Probation Officer assigned to that
veteran if that veteran has been on probation. Or if the veteran is not on probation or was just
placed on probation, the initial meeting will be with the VJO and the TASC Clinician. The
veteran’s file must contain the following information and the veteran will discuss with the
19
Probation Officer, VJO or TASC Clinician, as the case may be, information related to service,
discharge, substance-use history, mental health history, and any history or symptoms of trauma
or conduct that led to the charges in this case. Additional screening tools may be utilized by the
Probation Officer, VJO and TASC Clinician, as necessary, to screen for areas of behavioral
health.
The Probation Officer will collaborate with the VJO to provide contact information, provide a
signed release of information for the VA, and gather any other pertinent information. The TASC
Clinician will obtain required clinical release of information forms for veterans not eligible to
receive VA services. The VJO will check the VA system to determine the level of benefits and
verify discharge status. All of this information will be provided to the Treatment Team in the
form of a report with a proposed treatment plan. The following standards apply to the behavioral
health clinical assessment:
All substance abuse, mental health, and other programming assessments will include
available collateral information to ensure accuracy of the assessment. Sup.R., Appx.
I, Std. 4 (A).
Each veteran is required to sign a release-of-information form to provide for
communication about confidential information, participation and progress in
treatment, and compliance with provisions of relevant law, including the “Health
Insurance Portability and Accountability Act of 1996,” 42 U.S.C. 300gg-42, as
amended, and R.C. 2151.421 and 2152, and federal regulations governing
Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R. Part 2.
All screenings and assessments for treatment determinations are provided by persons
appropriately licensed and trained to deliver such services according to the standards
of their profession.
After a veteran is accepted into the VTC, each veteran will be placed as soon as
possible in appropriate treatment services and programs and will be placed as soon as
possible under reporting supervision to monitor compliance with VTC requirements.
Sup.R., Appx. I, Std. 4 (C).
The Treatment Team will consider, but is not obligated to follow, the clinical
assessment or treatment recommendations of the TASC Clinician or VJO.
After a veteran is accepted into the VTC, all screenings and assessments for treatment
determinations will be provided by programs or persons who are appropriately
licensed and trained to deliver such services according to the standards of the
profession.
Sup.R., Appx. I, Std. 4 (D).
20
After a veteran is accepted into the VTC, the treatment services to be provided will:
(1) meet each veteran’s individualized needs, (2) be based on evidence-based
strategies and practices, (3) be gender responsive, (4) be culturally appropriate, and
(5) effectively address co-occurring disorders.
Sup.R., Appx. I, Std. 5.
Currently, the community-treatment provider is TASC. With TASC, the assessment includes a
face-to-face interview that includes the administration of the SOQIC.
This tool inquires about demographics, health history, nutrition, substance use, current living
situation, support systems utilized, pertinent family history (mental health and alcohol and other
drug use), client's strengths and weaknesses, education, employment, military histories, past and
current medications, legal history, and abuse/violence history.
Additionally, this assessment tool includes a problem checklist that incorporates the functional
domains, a mental status screening, as well as examining the appropriate behavioral health level
of care to use when determining clients' placements in substance-use treatment.
Upon completion of this comprehensive assessment, the assessor completes a written report to
detail the findings and to recommend specific treatment and/or referrals.
If trauma and/or TBI have been identified by a TASC Clinician, a referral will be made to a
partner agency to complete a thorough assessment on behalf of the veteran.
Treatment Services
The VTC program connects participants to relevant treatment and support services that are best
or promising practices, recovery-based, individualized, gender-responsive, co-occurring capable,
culturally sensitive, and trauma-informed for veterans.
Treatment services are provided according to the level-of-care criteria and other needs identified
from the most recent assessments and include, but are not limited to: treatment planning,
discharge planning, individual therapy, group counseling and education, case-management
services, and other services for which the participant is eligible, utilizing evidence-based
practices for veterans as identified by the Veterans Administration.
Treatment providers’ work with each participant to create an individualized treatment plan to
address problems or circumstances identified from the assessment. The overall goal is to address
substance-abuse and mental health issues, as well as other objectives related to reintegration,
traumatic brain injury, PTSD, and peer and family relationships. The plan may be reviewed and
modified with input from the VTC team as the veteran progresses through the program. Progress
or barriers to participants’ treatment goals are shared as needed in weekly staffing meetings.
21
If at any time a participant is assessed as needing higher level of care, such as inpatient or
residential treatment, the current provider shall immediately initiate placement by screening the
participant for admission into multiple facilities. If there are no options available at the time of
needed placement, the VTC team will follow ASAM placement guidelines until such time as the
placement can be facilitated. Interim services shall be offered until the participant either is
accepted into inpatient or residential treatment, or is no longer in need of this intensive level of
care. Program participants will not be placed in a higher level of care unless he or she currently
meets the specified ASAM criteria for the placement.
The regularly assigned treatment provider is responsible for maintaining ongoing communication
with the participant’s inpatient/residential provider during their stay, making progress reports to
the VTC team via written Progress Report, and discussing the case if needed during the team-
staffing meeting. The progress report is submitted the week of the participant’s regularly
scheduled court appearance, which is dependent on their current phase of the program.
Program Admission
The Treatment Team, consisting of the Judge, VTC Coordinator, Probation Officer, Prosecutor,
Public Defender, VJO, TASC Clinician, and Veterans Service Commission Officer will review
the referral after the Administrative and Clinical Assessments are complete.
Should the Clinical and/or Administrative Assessment recommend that the referred veteran be
found ineligible for program participation, all members of the Treatment Team will be notified
of this event. If any member seeks a reconsideration of this recommendation of ineligibility, then
a meeting will be held to discuss this matter, with the final decision resting with the VTC Judge
to accept this veteran into the VTC. If that decision remains in place, the VTC Judge will notify
the referring Judge. In addition to the VTC Judge, the VTC Coordinator will also be available to
explain the decision to the referring Judge.
If the referred veteran is considered eligible and recommended for participation in the VTC, the
VTC Judge or the VTC Coordinator will be responsible for informing the referring Judge. Prior
to this notification, the VTC Coordinator will consult the veteran, his or her attorney, and VTC
Judge to confirm the decision before the transfer of the case to the VTC. The Administrative
Judge will sign an Entry Transferring Case to the VTC and the VTC Coordinator will be
responsible for coordinating this filing and setting a hearing date before the VTC Judge.
Final admission to the VTC program will occur once the veteran appears before the VTC Judge
for a discussion and explanation of any questions the veteran or his or her attorney may have
concerning the Participation Agreement. Upon acceptance by the VTC Judge, veterans will be
promptly placed in appropriate treatment services and programs and placed on reporting
supervision to monitor compliance with court requirements.
22
Before this hearing, the attorney for each veteran will review the Handbook and Participation
Agreement with the veteran, including an explanation regarding compliance, noncompliance,
and the criteria for termination. The VTC Judge makes the final decision for admission to VTC.
As a voluntary program, the veteran may decide at any point that he or she does not wish to
participate in the program, and in that event, the veteran will explain to the VTC Judge the
reasons for withdrawing from participation, and the VTC Judge will explain all of the legal
consequences of a final decision to withdraw.
After this hearing, veterans eligible for VA health services will meet with the VJO to complete
necessary paperwork to enroll them in services and begin the process of implementing a
treatment plan consistent with VA policies prepared by VA providers. For veterans not eligible
for VA health services, a member of the Treatment Team will meet with the veteran to complete
necessary paperwork to enroll him or her in non-VA community treatment services and begin the
process of implementing a treatment plan. In either event, the treatment plan will be completed
and sent to the Treatment Team. All programs or persons must be appropriately licensed and
trained to deliver such services according to the standards of the profession.
Once a treatment plan has been completed and made available to the VTC, the referring Judge or
the VTC Judge, as the case may be, will conclude that veteran’s case by accepting each veteran’s
guilty plea and then sentencing that veteran. If probation is ordered with VTC supervision by the
referring Judge or the VTC Judge, as the case may be, or if a motion for a Diversion-related
Program plea is accepted, then the veteran will be transferred to VTC. If the veteran is approved
for the VTC while on probation, a treatment plan will be developed and approved by the VTC
Court as a modification of the existing probation plan. In any event, veterans will be promptly
placed under reporting supervision to monitor compliance with court requirements. All
documents including releases of information and the Participation Agreement will be completed
at this time.
Non-Discriminatory Practices
If a veteran meets the written clinical and legal eligibility criteria set forth in this section, then
the veteran will not be denied admission to the VTC based on race, color, religion, gender,
sexual orientation, national origin, ancestry, age, citizenship, marital status, veteran status, or any
disability.
23
CHAPTER 4
Treatment Team
The Treatment Team of the VTC is chaired by the VTC Judge. The other members of the
Treatment Team are: VTC Coordinator, Designated Probation Officer, VJO, TASC Clinician,
Designated Prosecutor Attorney, Designated Public Defender, and Designated Veterans Service
Commission Officer. All members of the Treatment Team will regularly attend Treatment Team
meetings. Treatment Team members will engage in ongoing communication including frequent
exchanges of timely and accurate information about the veteran’s overall performance.
Sup.R., Appx. I, Std. 1 (B), (C), pp. 24-30, and 6 (C).
The VTC Coordinator is responsible for the daily operations of the specialized VTC. The VTC
Coordinator reports directly to the VTC Judge and is responsible for the coordination of the
Treatment Team members. The Treatment Team, as part of its planning and daily operations,
will: (1) provide prompt access to a continuum of approved treatment and rehabilitative services,
(2) maintain a current treatment plan and a record of activities concerning each veteran, and (3)
require that all treatment and programming will be provided by programs or persons who are
appropriately licensed and trained to deliver such services according to the standards of their
profession. The Treatment Team will meet one time per week for at least an hour prior to the
Status Review Hearings.
Sup.R., Appx. I, Std. 6 (A), and 9 (A), 9 (B), 9 (C).
Treatment Team members are expected to serve for a minimum of one year. The VTC values
stable and consistent team membership and strives to maintain membership for longer than one
year. In addition to the duties with the daily functions of the Treatment Team, the members agree
to work with, and provide education to, local community leaders and agencies.
The VTC and the Treatment Team uses a non-adversarial approach, even though the Prosecutor,
Public Defender, and Probation Officer each has a specific role, which may result in differing
views regarding a variety of issues concerning each veteran. (See Description of Roles and
Responsibilities of Treatment Team Members below).
Sup.R., Appx. I, Std. 2.
Each Treatment Team member will be responsible for providing updated information on
veterans. The following reports are required at Treatment Team meetings for veterans appearing
on the VTC:
Written Monthly Progress Reports or Status Reports, including non-compliance
reports, from each of the following: the Probation Officer, VJO, TASC Clinician, or
any other Treatment Team member. Each report will update treatment progress,
compliance, or non-compliance (including recent drug screen results), notify the
Treatment Team of upcoming appointments, and set out a plan for goals contained in
24
the Treatment Plan. Immediate Status Reports will be submitted to the Treatment
Team when the circumstances are warranted. The VA will provide information
consistent with its legal obligations.
Verbal or written report from the Mentor Coordinator to the extent permitted by his or
her responsibilities and obligations with each Mentor and each veteran participating
in the VTC.
Verbal reports from other treatment and service providers as needed. The VTC
Coordinator will be responsible for maintaining these records. A confidential file will
be kept for each veteran, containing a record of court appearances, progress reports,
sanctions, and other pertinent Treatment Team information. These treatment records
will not be maintained in the criminal files of the veterans as those files are public
information and will not contain health and treatment records. The VTC Judge will
maintain a record of these progress reports outside of the criminal file. All files will
be kept in a secure file at the VTC. All reports held by the VTC Judge, outside of the
criminal file, will be destroyed after a veteran completes, or is terminated, from the
VTC.
The VTC Coordinator will be the main contact for dissemination of pertinent information outside
of the Treatment Team meetings. All Treatment Team members will make the VTC Coordinator
aware of important information as needed, and the VTC Coordinator will make that information
available to members as needed. A contact list will be distributed to all team members to
facilitate email and phone calls. (See Appendix)
Treatment Team members will maintain professional integrity, confidentiality, and
accountability. Treatment Team members must comply with the Confidentiality of Alcohol and
Drug Abuse Patient Records, 42 C.F.R. Part 2, governing confidentiality of alcohol and drug
abuse patient records, and the recipients of any disclosures may only re-disclose within the scope
of the signed release of information.
Specific Roles and Responsibilities of Treatment Team Members
Sup.R., Appx. I, Std. 1 (B), pp. 26-30
VTC Judge:
Acts as Chair of the Advisory Committee. The VTC Judge will attend the Advisory
Committee meetings.
Sup.R., Appx. I, Std. 1 (B).
Acts as Chair of Treatment Team. The VTC Judge and the Treatment Team will
attend the weekly dedicated Treatment Team meetings held prior to Status Review
Hearings.
25
Sup.R., Appx. I, Std. 1 (B).
Has discretion and final decision-making authority to decide the admission and
termination from the VTC in accordance with the written legal and clinical criteria set
forth in these policies.
Will be knowledgeable about treatment and programming methods and limitations
(including the limitations of local resources and clinical concepts such as stages of
change).
Final decision-maker concerning rewards (incentives), consequences (sanctions),
phase advancement, and successful completion and termination from the program.
Will discuss progress with each veteran at Status Review Hearings.
Probation Officer:
Monitors compliance with supervision plan.
Conducts random alcohol and drug tests, and reports the results of tests to the
Treatment Team.
Monitors compliance. Visits the veterans at home, school, or other locations as
needed or directed by the Judge.
Attends Treatment Team meetings and Status Review Hearings.
Advises the Treatment Team or any member of any program violations.
Informs the Treatment Team whether treatment plan, supervision plan, and court
orders are followed.
During Treatment Team meetings, provides progress reports and recommendations.
Participates in discussions about rewards (incentives), consequences (sanctions),
phase advancement, successful completion, and termination.
Veterans Justice Outreach Specialist of the VA (VJO):
Primary treatment provider for the VTC for those VTC veterans who qualify for VA
health benefits.
26
Responsible for maintaining an ongoing treatment plan developed by the VA
providers that includes behavioral health, substance-abuse, trauma, medical issues,
housing, benefits, occupational, and vocational goals.
Attends all Treatment Team meetings, and, to the extent permitted by law, reports on
compliance with treatment plan.
Provides linkage to regular appointments with Psychiatrist and other appropriately
licensed therapists, counselors, and case managers.
Provides a dedicated team of specialists to the VTC.
Submits Progress Reports to the extent permitted by law to the VTC at Treatment
Team meetings.
Conducts diagnostic assessments, provides the clinical diagnosis, and carries out the
treatment plan prepared by VA providers.
Makes recommendations at Treatment Team meetings concerning treatment needs.
Makes referrals and coordinates linkage to other agencies.
Attends appointments with the veteran to provide assistance.
Will be a licensed clinical professional. Participates in discussions regarding the
rewards (incentives), consequences (sanctions), phase advancement, successful
completion, and termination.
TASC Clinician:
Primary treatment liaison for veterans ineligible for VA clinical services.
Responsible for maintaining an ongoing treatment plan that includes behavioral
health, substance-abuse, trauma, medical issues, housing, benefits, occupational, and
vocational goals.
Attends all Treatment Team meetings and reports on compliance with treatment plan.
Provides linkage to regular appointments with community-based behavioral health
providers, including other appropriately licensed therapists, counselors, and case
managers.
Provides a dedicated team of specialists to the VTC.
27
Submits Progress Reports to the Court at Treatment Team meetings.
Conducts diagnostic assessments, provides the clinical diagnosis, and develops the
treatment plan.
Makes recommendations at Treatment Team meetings concerning treatment needs.
Makes referrals and coordinates linkage to other agencies.
Attends appointments to provide assistance.
Will be a licensed clinical professional in the State of Ohio.
Participates in discussions regarding rewards (incentives), consequences (sanctions),
phase advancement, successful completion, and termination.
Cuyahoga County Prosecuting Attorney:
Identifies eligible clients for the VTC in accordance with the written criteria.
Attends Treatment Team meetings and Status Review Hearings.
Participates in discussions regarding reports (incentives), consequences (sanctions),
phase advancement, successful completion, and termination.
Will communicate with the VTC Coordinator regarding issues related to diversion,
intervention in lieu, and legal eligibility for the VTC.
The VTC promotes a non-adversarial approach, while recognizing that the prosecutor
has a distinct role in pursuing justice, protecting public safety, and protecting victim’s
rights.
Sup.R., Appx. I, Std. 2 (A), pp. 28, 29,
Cuyahoga County Public Defender:
Attends Treatment Team meetings and Status Review Hearings.
Upon a veteran’s request (or upon a substitute attorney’s request if a veteran’s
retained or assigned private attorney is unable to attend a Status Review Hearing or
Treatment Team meeting where that veteran’s case is discussed).
Assists with decision-making regarding participation in the VTC.
28
Explains to veterans what rights are waived by entering the program.
Consults with Prosecutor concerning Diversion-Related Programs and Re-entry
Related Programs.
Explains the possible sanctions that may be imposed for program non-compliance.
Explains the circumstances that may lead to termination.
Explains the effect that termination from the VTC may have on the veteran’s case.
Participates in discussions regarding rewards (incentives), consequences (sanctions),
phase advancement, successful completion, and termination.
The VTC promotes a non-adversarial approach, while recognizing that defense
counsel has a distinct role in preserving the constitutional rights of the veteran.
Sup.R., Appx. I, Std. 2 (B).
Communicates and coordinates with the Cuyahoga County Criminal Bar Association.
VTC Coordinator:
Facilitates the VTC in accordance with the written program description.
Assists with identifying potential veterans.
Conducts the legal eligibility screening in conjunction with the Prosecutor.
Assists the veteran in all phases including the orientation phase.
Collects and maintains statistical information and other confidential records
concerning veterans, collects data from service providers, and creates reports for
review and submission to funding sources.
Gathers progress reports from treatment and service providers to present to the
Treatment Team.
Ensures that Treatment Team members follow program policies and procedures.
Monitors service-provider agreements and contracts and monitors the services to
veterans.
29
Plans and facilitates advisory committee meetings.
Coordinates VTC team professional trainings.
Monitors compliance with sanctions.
Meets with veterans regularly to discuss individualized program goals and progress
while the veteran is in the VTC.
Attends Treatment Team meetings and Status Review Hearings.
Participates in discussions regarding rewards (incentives), consequences (sanctions),
phase advancement, successful completion, and termination.
Assists in the preparation, reporting, and management of grants.
Coordinates Peer Mentor Program. Provides training and supervision to all peer
mentors in VTC program.
Supervise VTC interns and/or externs.
Meet with veteran and community organizations throughout the county and/or state in
order to expand programming and services to all VTC participants. Create and assist
with implementing MOA’s with identified service providers.
Sup.R., Appx. I, Std. 1 (C), pp. 24-30
NOTE: A Treatment Team contact information is attached to the Appendix.
30
CHAPTER 5
Monitoring Each Veteran
Treatment Team and Status Review Schedule
The VTC monitors each veteran’s performance and progress through the Treatment Team
meeting and Status Review Hearings. The Treatment Team meets immediately before the Status
Review Hearings. The VTC Coordinator will ensure that all reports are distributed to the team.
Every veteran has the right to request the presence of their defense attorney at any Status Review
or Treatment Team Hearing concerning them. The schedule for Treatment Team and Status
Review Hearings is:
Treatment Team: Every Thursday at 12:30 p.m. in Judge Jackson’s Jury Room, 15-D.
o Status Review Hearings: Every Thursday at 2:00 p.m. in Judge Jackson’s Courtroom,
15-D.
HR/HN docket: 1st and 3
rd Thursday of the month
MR/HN docket: 2nd
and 4th
Thursday of the month
Sup.R., Appx. I, Std. 6 (B).
Policy on Veteran Attendance at Status Review Hearings
The VTC incorporates ongoing judicial interaction with each veteran as an essential component
of the VTC. Each veteran will appear on a regular, consistent, and appropriate basis determined
by the Treatment Team. Frequent Status Review Hearings establish and reinforce the VTC
policies and ensure effective and efficient supervision of the veteran. At a minimum, each
veteran will appear before the VTC Judge at least twice a month during the first phase of the
program. Thereafter, within the discretion of the Treatment Team, a veteran will appear as
needed, but no less than one time per month, to regularly monitor their progress in the program.
Sup.R., Appx. I, Std. 7 (A), (B)(1), (B)(2).
The VTC strives to provide an opportunity for veterans to learn from each other while
participating in the VTC. For example, veterans must remain in the courtroom during the Status
Review Hearings and listen to other veterans discuss their issues with the VTC Judge. This
allows participants to show their support, learn from the discussions, and understand the rewards
(incentives) and consequences (sanctions) of each veteran’s conduct.
Summary of Treatment Planning
The following policies and standards relate to treatment planning. Treatment planning is an
ongoing collaborative process between the veteran, VJO, and the Treatment Team, including
31
frequent exchanges of timely and accurate information about the veterans overall performance.
Sup.R., Appx. I, Std. 6 (C).
The following are the policies and procedures regarding treatment plans:
VTC veterans will participate in the creation of an individualized treatment plan
based on their individual needs, and provided services will incorporate evidence-
based strategies.
Development of an initial treatment plan will be a collaborative process between the
veteran, treatment provider (e.g.: VA, TASC), and Treatment Team. The VJO or
TASC Clinician will submit a formal treatment plan to the Court for approval.
VTC treatment plans will take into consideration services that are gender responsive,
culturally appropriate, and effectively address co-occurring disorders.
Provided services, including treatment plans, are appropriate and clinically necessary
to the degree that available resources allow.
VTC veterans will have prompt access to a continuum of approved treatment and
rehabilitation services including trauma-informed care.
The VTC maintains a current treatment plan and a record of activities through status-
review reports. Treatment plans continue to develop throughout the VTC program to
reflect a veteran’s changing needs based on his or her progress in the program.
All treatment and programming will be provided by appropriately licensed and
trained programs or persons to deliver such services according to the standards of
their profession.
List of Available Agencies and Services of the VJO
Direct VTC Services
Psychiatric Services – Veterans Health Administration / Court Clinic / Other
Community Facilities and Programs (collectively, Community Programs)
Medication – Veterans Health Administration / Community Programs
Vocational / Training – Veterans Health Administration /Community Programs
Education – By referral from Veterans Health Administration and Veterans Benefits
Administration / Community Programs
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Transportation – By referral from Veterans Health Administration (RTA Services
with applicable discounts or fare reductions); Cuyahoga County Probation (Bus
Tickets)
Housing – By referral from Veterans Health Administration re: VA HUD-VASH
Program VA Grant Per Diem Program / Community Programs
Domestic Violence – By referral from the Veterans Health Administration, Domestic
Violence Family Center/Witness Victim, Legal Aid Society of Cleveland, Cuyahoga
County Women Helping Women, YMCA, Cuyahoga County Domestic Relations
and/or Juvenile Courts, and other agencies
Benefits – Veterans Benefits Administration / Veterans Service Commission /
Community Programs
Drug Testing – Cuyahoga County Probation Department, Veterans Health
Administration, TASC Program / Community Programs
Group Therapy – Veterans Health Administration / Vet Center / TASC/ Community
Program
Case Management – TASC, Veterans Health Administration /Probation/ Community
Programs
Diagnostic Assessment –TASC Veterans Health Administration / Court Clinic /
Community Programs
Residential Treatment – Veterans Health Administration / Community Programs
Programs related to better decision-making – Veterans Health Administration /
Probation / Committee Programs
Phases of the VTC Program – Policies
Phases are the steps marking a veteran’s performance and progress through the specialized
docket. The following are the policies and procedures regarding phase advancement:
Progression through the specialized docket is based on the veteran’s performance in
the treatment plan and compliance with the VTC phases.
Sup.R., Appx. I, Std. 6 (D).
33
Phase advancement is not solely based on preset timelines. Timelines merely provide
a benchmark for veterans and the team to review and assess progress.
Sup.R., Appx. I, Std. 6 (D).
The VTC incorporates ongoing judicial interaction with each veteran as an essential
component of the docket.
At a minimum, the veteran will appear before the VTC Judge at least twice monthly
in the initial phase. Veterans will appear weekly if appropriate in the first phase or at
any subsequent phase in the program.
Should a veteran require increased contact with the Judge and Treatment Team, the
VTC will require attendance on a weekly, or as needed basis, at any time in the
program. Increased attendance will be determined by the Treatment Team and will
utilize risk assessment and a determination of the needs of the veteran.
After advancing from the initial phase, the veteran will appear regularly before the
VTC. Regular attendance will not be less than one Status Review Hearing per month.
The Treatment Team will work closely with treatment agencies to comply with
agency standards regarding residential treatment policies. Should a veteran be
determined to require a clinical setting that does not allow for regular appearances
before the court during their residential treatment, the Treatment Team will receive
regular reports on the veterans progress and have the veteran appear before the court
as soon as clinically possible.
Time between Status Review Hearings may be increased or decreased based upon
compliance with treatment protocols and observed progress.
Phase advancement will be decided by the Treatment Team with final decision for
promotion or demotion made by the Judge.
VTC Phase System
VTC Program Phases & Graduation
Once accepted into VTC, the veteran will complete four phases of treatment: Orientation and
Compliance, Stabilization, Community Reintegration, and Maintenance. Advancement through
these phases will be based upon performance, not simply preset timelines. The VTC’s four
phases last, in total, approximately 18 months (but not less than 12 months). Each phase has
34
treatment objectives, therapeutic and rehabilitative activities, and specific requirements for
advancement into the next phase.
Phase 1: Orientation / Compliance Phase
The goal of the Orientation and Compliance Phase is to help the veteran to understand all aspects
of VTC, to assure the highest level of function and success within the program, and comply with
a treatment plan. The veteran will complete the following prior to advancement to Phase 2:
Review and sign the Participation Agreement with their assigned defense counsel.
Review and sign Release of Confidentiality and Consent to Treatment Forms with
Veterans Administration, VTC Coordinator, and all other providers.
Attend VTC Status Review Hearings at least twice a month.
Meet each Treatment Team member to familiarize the veteran with the team: Judge,
VTC Coordinator, VJO, TASC Clinician, Probation Officer, Defense Attorney,
Prosecutor, and Mentor Coordinator.
Familiarize the veteran with the location of service providers and address issues of
transportation.
Meet with VJO to complete intake process and complete an initial treatment plan.
An initial treatment plan is presented to the VTC.
Establish connection with assigned Mentor.
Sign Probation rules and begin random drug testing.
Comply with treatment schedule as approved by the Court.
Complete legal requirements of plea and sentencing (or Intervention In Lieu Of
Conviction / Diversion/EIP).
Meet with family or other support parties to describe the VTC and refer them to
supportive organizations.
Avoid conduct that leads to a charge of with new criminal offenses, including
misdemeanors.
35
Phase 2: Stabilization Phase
The primary goals of this phase are to stabilize the veteran and obtain compliance with the VTC
program requirements. During this phase, the veteran has regular contact with the Court by
attending all scheduled VTC Status Review Hearings. This is also an intensive contact phase for
the veteran’s treatment provider and probation officer. During this period, the Treatment Team
will assist the veteran in addressing essential needs such as housing, health, clothing, and
recovery services. The following tasks will be considered and addressed by the Treatment Team
during this Phase:
Ensure court obligations are met, such as developing payment schedules for fines,
court costs, and restitution.
Determine when random alcohol and drug testing will be performed in accordance
with requirements of Probation.
Continue mental health, trauma, and substance-use clinical assessment.
Be able to identify barriers to recovery.
Veterans must:
Attend Status Review Hearing (minimum of once a month but twice a month
recommended).
Attend treatment sessions and activities contained in the treatment plan and orders of
the court.
Attend meetings with VJO, TASC Clinician, the VTC coordinator, and Probation
Officer.
Submit to alcohol and drug testing as ordered.
Abide by rules of the VTC, probation, the laws of Ohio, and other jurisdictions.
Create a plan for stabilization of mental health symptoms, behavioral issues, and
substance use. This may include referral to psychiatric services, medication,
residential substance-abuse treatment, outpatient treatment for substance abuse, IMR,
emergency housing for homeless veterans, referral to legal services, individual
counseling, and other resources.
Stabilize housing and benefits.
36
Display clean urine screens and consistent drug-testing compliance.
Meet with Veteran Service Officer at the Veteran Service Commission of Cuyahoga
County.
Meet with assigned Financial Counselor from OhioMeansJobs for financial
empowerment.
Additional Advancement Criteria: No Positive Urinalysis Test for at least 45 days prior
to advancement.
Phase 3: Community Reintegration
After the veteran remains stable for a period of time, other goals can be addressed. During this
period, a veteran will begin to address the issues that brought the veteran in to the VTC. Various
service needs can be assessed, including health, dental, optical, permanent housing needs,
vocational training, and any other areas identified by the VTC Team. Based on the veteran’s
progress, required appearances at VTC Status Review Hearings may be reduced. The following
tasks will be considered and addressed by the Treatment Team during this phase:
Ensure probation requirements are met.
Continue random alcohol and drug testing at a frequency determined by the
Treatment Team.
Identify long-term goals.
Begin to develop plans for employment, educational opportunities, or social
activities.
Continue linking veteran to housing, employment, educational, and vocational
opportunities.
Make referrals for other ancillary services not yet addressed.
Veteran requirements to consider for the program-engagement phase include:
Attend required Status Review Hearings as determined by Treatment Team (ranging
from every week to once a month).
Continue to attend group and individual treatment.
37
Continue to cooperate with home visits and appointments with VJO and therapist.
Continue to attend scheduled appointments with probation officer.
Continue to abide by rules of the specialized docket, probation, the laws of Ohio, and
any other jurisdiction.
Engage with housing, educational, vocational, and employment-service agencies.
Maintain medication compliance and symptom management.
Update treatment goals.
Submit negative results to alcohol and drug testing.
Maintain safe and stable housing.
Address any criminal thinking through evidenced-based programming.
Additional Advancement Criteria: No Positive Urinalysis Test for at least 45 days prior
to advancement.
Phase 4: Maintenance / Growth and Development
This phase is focused on the veteran continuing the structure and discipline developed in earlier
phases and improving self-sufficiency. By the time the veteran moves to this phase, he or she: (1)
successfully adhered to the psychiatric treatment requirements, including medication
compliance; (2) integrated structure into their life by obtaining permanent housing; (3) is
pursuing employment, volunteering, participating in educational or vocational opportunities; (4)
is developing a functional support system; (4) is abstaining from the use of illegal drugs; and (5)
is avoiding additional involvement with the criminal justice system.
The contact with treatment providers may lessen as the veteran builds his or her self-sufficiency.
At the discretion of the Treatment Team, appearances at VTC Status Review Hearings may be
reduced even further (but not less than one time per month). The Treatment Team will consider
the following tasks during the Growth and Development / Maintenance Phase:
Complete probation obligations.
Identify long-term goals with implementation strategy.
Begin improving sober-support network and recovery-oriented activities.
38
Begin developing plan for success beyond the program.
Veteran requirements to consider for the growth and development phase include:
Attend required Status Review Hearings (every three to four weeks).
Continue to attend treatment or programming sessions and activities.
Continue to cooperate with case-management home visits and appointments.
Maintain medication compliance.
Continue to provide negative results to alcohol and drug testing at a frequency to be
determined by the Treatment Team.
Continue established peer-mentor relationship.
Continue to meet with Probation as directed.
Obtain stable housing.
Obtain employment or secure disability benefits.
Complete Graduation Application and submit to the Treatment Team.
Submit a treatment plan for post-graduation engagement.
Recognition Ceremony
Veterans must successfully complete the four phases of the VTC Program and be in the program
for the requisite minimum period of time to be eligible for the recognition ceremony. Any
exceptions to these requirements must be approved by the Treatment Team. Near the end of
Phase Three, veterans will complete a continuing-care or stabilization plan that outlines a plan
for maintaining sobriety and complying with behavioral and/or medical health regimes after
graduation from the VTC Program. The plan must be approved by the Treatment Team prior to
the veteran advancing to Phase Four. In Phase Four, the veterans will demonstrate compliance
with the plan and readiness for graduation. Veterans must also complete a community-service
project of their choosing. The Treatment Team may assist with the project overview before the
veteran proposes it to the VTC Judge. Once approved, the veteran has all of Phase Four to
complete the project. The veteran will complete a report outlining their chosen project as well as
what they learned as a result of giving back to their community. Veterans must be approved for
the recognition ceremony by the Treatment Team.
39
Upon successful completion of all requirements of the VTC Program, the veteran will be
honored with a recognition ceremony. The recognition ceremony may be attended by family
members, friends, and others that the veteran chooses. This is an opportunity to recognize the
accomplishments of veterans as they transition out of the program.
The Rules That Each Veteran Must Follow
Each veteran agrees that he or she has read the VTC Participant Handbook
(Handbook) and acknowledges that he or she knows the rights, obligations,
responsibilities, requirements, and the processes of the VTC that are stated in the
Handbook. Each veteran knows that he or she must follow all orders from the Judge,
VTC Treatment Team, and others involved in the VTC Program.
Sup.R., Appx. I, Std. 2 (D).
Each veteran agrees that it is important to have a good understanding of this program.
The Handbook outlines the processes and the requirements of the program.
Each veteran understands that participation in this program requires a commitment to
following and completing VTC-ordered treatment programs, including the treatment
plan, supervision plan, rules of probation, and rules of VTC.
Each veteran understands that to participate in the VTC he or she must plead guilty to
the charges in the Plea Agreement, Indictment, or Information, including Diversion-
Related Programs.
Each veteran understands that the program is designed to last a minimum of 12
months (and more likely 18 months) and that it may be extended under certain
circumstances.
Each veteran understands that his or her progress through the program is determined
by: (1) the choice to follow the rules of the VTC, (2) the performance in the treatment
plan, and (3) the success in completing the four phases of the VTC as outlined in the
Handbook.
Sup.R., Appx. I, Std. 1 (D), pp. 41-48.
Each veteran understands that his or her performance in the VTC is not based only on
meeting preset timelines.
Sup.R., Appx. I, Std. 6 (D).
Each veteran agrees to pay fees, costs, fines, restitution, and/or community-work
service as ordered by the VTC. Each veteran will work with the Treatment Team and
Probation Officer to pay these obligations in a structured way in order to complete
this program.
40
Each veteran will attend and fully participate in all treatment and programming
assessments. Each veteran will follow any rehabilitation, educational, vocational,
medical, psychiatric, or substance-abuse treatment program assigned by the VTC.
Each veteran agrees to be involved in developing his or her treatment plan with
members of the Treatment Team. As part of each veteran’s treatment plan, each
veteran 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. A veteran may be required to attend groups such as
anger management, parenting, or any other area he or she, or the Treatment Team,
identifies. A veteran’s attendance at counseling sessions is reported to the VTC Judge
as part of his or her progress report. A veteran must have prior permission from a
counselor to be excused from a counseling session.
Each veteran will sign a release of information for the VTC Treatment Team to
communicate with all of his or her medical doctors, dental, or mental health
providers, including any type of hospital or health care facility, regarding his or her
current or past status for any medications and/or treatment of any type of physical or
mental issues. Each veteran will comply with all relevant laws to gain this
information, including the “Health Insurance Portability and Accountability Act of
1996,” 42 U.S.C. 300gg-42, as amended, and R.C. 2151.421 and 2152.99 and
Confidentiality of Alcohol and Drug Abuse Patient Records, 42 C.F.R Part 2. This
includes signing releases with the Veterans Administration (VA), Cuyahoga County
Probation Department (Probation), other treatment providers, and any other agency
connected with the program.
Sup.R., Appx. I, Std. 4 (B).
Each veteran will keep confidential all information about other participants that is
shared at Status Review Hearings and all other group sessions of the VTC.
Each veteran understands that he or she will be promptly placed in appropriate
treatment services, and each veteran will attend as required.
Sup.R., Appx. I, Std. 4 (C).
Each veteran will not own or possess a firearm. He or she may not have one at his or
her residence, any storage facility, or in a vehicle when he or she is a driver or a
passenger.
Each veteran will be placed under the supervision of the Probation Department to
monitor compliance with VTC requirements.
Sup.R., Appx. I, Std. 4 (C).
41
Each veteran understands that the VTC Treatment Team (including treatment
providers, the VTC Judge, Probation Officer, TASC Treatment Manager, Prosecutor,
Public Defender, Veteran Service Commission Officer, and, if requested, his or her
retained or assigned private attorney) will be discussing his or her current and overall
compliance with VTC and performance regarding the treatment plan on a regular and
frequent basis.
Sup.R., Appx. I, Std. 4 (C).
Each veteran knows that it is very important for his or her success in the program to
interact with the VTC Judge at a Status Review Hearing and in any other appearances
before the VTC. Each veteran knows that he or she must appear regularly before the
VTC Judge, including at least twice a month during the first phase of the program.
After each veteran completes the first phase of the program, that veteran will meet
with the VTC Judge at a Status Review Hearing as often as the VTC Judge and
Treatment Team think necessary, but not less than one time per month.
Sup.R., Appx. I, Std. 7 (B)(1) and (2).
Each veteran will not use any alcohol, illegal drugs, or unauthorized drugs that
require a prescription.
Each veteran will inform all medical providers, including mental health providers,
dental providers, and pharmacists, that he or she cannot have prescriptions containing
narcotics or any addictive substances because of his or her use of any one of the
following (whether an issue now or in the past): alcohol, illegal drugs, or
unauthorized drugs that require a prescription.
On or before a drug/alcohol test, each veteran will tell a member of the Treatment
Team or any drug/alcohol testing personnel that he or she: (a) will, or (b) believes that
he or she may test positive for alcohol, illegal drugs, or unauthorized drugs that
require a prescription.
Each veteran understands that not telling a Treatment Team member or any
drug/alcohol testing personnel that one of the above situations does or may exist,
before receiving a positive test, may be considered deceptive conduct (lying) or
failing to take responsibility for his or her misconduct. Each veteran further
acknowledges that the VTC will be immediately notified when: (a) testing shows a
positive result, (b) he or she fails to submit to testing; and/or (c) he or she submits an
adulterated sample, the sample of another individual, or dilutes the sample.
Each veteran will check with his or her Probation Officer, or another Treatment Team
member, if that veteran does not understand the randomized or frequent drug/alcohol
testing or where to test.
42
Each veteran will submit to an individualized random, frequent, and observed
drug/alcohol and other testing protocols as directed by the VTC Judge, the Treatment
Team and/or by Probation. Each veteran understands the Treatment Team or
Probation will explain the terms of testing, including frequency, location and process.
Each veteran also understands that a diluted test result will require a second drug test
within 24 hours of notice by Probation Officer. The purpose of the second drug test
is not to provide a “second chance” drug test, but rather to reaffirm the
accuracy of the first test. In addition, in cases where the veteran is adamant that
the urine test provided a false positive and where the clinical staff agrees that
there is the possibility of a false positive, the urine sample will be sent out for
further testing to confirm or disprove the results. The veteran is responsible for
the cost of that test. Indigent veterans can do community work service to satisfy that
obligation.
Sup.R., Appx. I, Std. 8, 8 (C).
Each veteran understands that if there is a positive test on a screen, there will be
immediate consequences (sanctions) for the veteran’s conduct, which may include:
treatment will be evaluated as needed (for example, treatment maybe changed from
outpatient to residential), probation violation, jail time, and/or other appropriate
consequences listed in the Handbook that may be recommended by the VTC
Treatment Team and decided by VTC Judge. Treatment will never be used as a
sanction.
Sup.R., Appx. I, Std. 8 (C).
The following acts are treated as positive drug tests and immediate consequences
(sanctions) will follow:
Failing to submit to testing.
Submitting an adulterated sample.
Submitting the sample of another individual.
Diluting a sample.
Sup.R., Appx. I, Std. 8 (D).
Each veteran will allow, and he or she will cooperate with home visits, community
visits, treatment visits, and employment/work-place visits by the Probation Officer,
VJO Specialist and any other designated Treatment Team Member or other
designated representative of the VTC.
Each veteran will obey all city, state and federal laws. If he or she takes part in any
criminal act, that veteran may be terminated from VTC. Each veteran will tell his or
her Mentor, Probation Officer, or member of the Treatment Team immediately if he
or she has any contact with law enforcement.
43
Each veteran will talk to his or her Mentor, VTC Coordinator, and Probation Officer
before making any changes in residence, e-mail address, phone number, or
employment.
Each veteran understands that immediate consequences (sanctions) for his or her
conduct may be taken before the weekly Treatment Team meeting when that veteran:
Misses an appointment ordered by the VTC (unexcused absences).
Ignores instructions from treatment providers or VTC team members.
Tests positive for any non-prescribed drugs/alcohol.
Violates VTC orders, breaks the law or any VTC rules of the VTC or Probation.
Sup.R., Appx. I, Std. 8 (D).
Each veteran acknowledges, knows, and understands his or her constitutionally
guaranteed rights as stated below. Each veteran also acknowledges that the VTC Judge
explained these rights and the waiver of these rights when he or she was accepted into the
VTC. Each veteran voluntarily waives these rights concerning the situations listed below.
This waiver of his or her rights will be a permanent waiver while in the VTC in three
situations: (1) the right to contest all drug/alcohol testing result, (2) the right against
unlawful search and seizures, and (3) the right to freely associate with others. Also, this
waiver applies to three other rights on a situation-by-situation basis, as follows: (1) the
right to an attorney at Treatment Team meetings and at Status Review Hearings, (2) the
right to remain silent and the right not to incriminate oneself, and (3) the right to due
process regarding a Status Review Hearing. All of these rights and waivers are as
follows:
Waiving Each Veteran’s Right to Contest Drug/Alcohol Testing Results. Each
veteran waives his or her right to challenge all drug/alcohol testing results at
Treatment Team meetings and Status Review Hearings. This is a permanent
waiver while in VTC and on Probation.
Waiving Each Veteran’s Right Against Unlawful Search and Seizure. Each
veteran waives his or her right against unlawful search and seizure, and each
veteran consents to searches of his or her person, residence, vehicle, and other
property by the VTC Treatment Team, Probation, and/or law enforcement. This is
a permanent waiver while in VTC and on Probation.
Waiving Each Veteran’s Right to Freely Associate with Others. Each veteran
waives his or her right to freely associate with others so that the VTC Judge may
limit that veteran’s right to associate with others because they are, or may be,
44
interfering with or placing at risk that veteran’s goal of successfully completing
his or her treatment plan or VTC. This is a permanent waiver while in VTC and
on Probation.
Waiving Each Veteran’s Right to an Attorney who Fails to Appear at
Treatment Team Meetings and at Status Review Hearings and authorizing
the Public Defender to Represent that Veteran. Each veteran knows that he or
she has the right to request to have that veteran’s attorney present at a Treatment
Team meeting and at a Status Review Hearing when his or her case is discussed.
(If that veteran is represented by a public defender, that attorney is a member of
the Treatment Team and will be at each meeting and at a Status Review Hearing.)
If for any reason that veteran’s attorney does not appear at a Treatment Team
meeting or a Status Review Hearing, then that veteran may waive his or her right
to have that attorney present for that occasion, and then has the right to authorize
the Public Defender assigned to VTC to represent that veteran at the Treatment
Team meeting and at a Status Review Hearing. That Public Defender will be
familiar with the case as a member of the Treatment Team. This is a situation-by-
situation waiver while in VTC and on Probation.
Sup.R., Appx. I, Std. 2 (C).
Waiving Each Veteran’s Right to Remain Silent and Not to Incriminate
Oneself. Each veteran knows that he or she has the right to remain silent and the
right not to incriminate himself or herself by speaking or writing about a matter
that is, or may be, a violation of the VTC rules or any laws. However, each
veteran also knows that self-reporting all VTC rule violations is a key part to the
treatment program. By deciding to self-report any VTC rule violations or any
other conduct that is a violation of the law, that veteran knows that he or she is
waiving the right to remain silent and the right not to incriminate himself or
herself. This is a situation-by-situation waiver while in VTC and on Probation.
Waiving Each Veteran’s Right to Due Process Regarding the VTC Judge’s
Decision at a Status Review Hearing. After a Status Review Hearing, each
veteran has the right to appeal or challenge the VTC Judge’s Order imposing
consequences (sanctions) for his or her conduct discussed at this hearing. If that
veteran and his attorney decide not to appeal that Order, then that veteran
acknowledges that he or she is waiving the right to due process concerning an
order or sanction issued by the VTC Judge. This is a situation-by-situation waiver
while in VTC and on Probation.
Each veteran also understands that he or she will receive immediate and graduated
consequences (sanctions) for conduct as ordered by the VTC Judge if that veteran
does not follow the VTC rules. Each veteran knows that members of the VTC will
be alerted if there is a violation of the VTC rules or the treatment plan is not being
45
followed. Consequences (sanctions) may vary depending on the seriousness of
that veteran’s non-compliance or rule violation. Consequences (sanctions) may
include, but are not limited to:
More frequent Status Review Hearings before the VTC Judge.
More frequent appearances before the Probation Department
Increased testing of breath, blood, or urine for drugs/alcohol.
Increased group and/or meeting attendance.
Comments by the VTC Judge at the Status Review Hearings.
Written reports.
Community Service Work.
One or multiple days seated in the courtroom.
Electronic Monitoring Unit (EMU).
Jail time.
Formal Probation violation.
Termination of VTC and possible return to regular Probation.
Termination of Diversion-Related Programs, Journal Entry of guilt based on
the plea, and sentencing.
Ordered to serve time in jail or prison based on that veteran’s sentence.
Sup.R., Appx. I, Std. 6 (E).
Each veteran will dress and act appropriately when in the courtroom, and will be
on time for VTC.
Each veteran understands: (a) the reasons for termination from the VTC as listed
in the Handbook; (b) if terminated, the VTC Judge may order a jail or prison
sentence; (c) the VTC Judge may order termination of any Diversion-Related
Programs; (d) the VTC Judge may order a return to the regular Probation; and (e)
and/or other restrictions ordered by the VTC Judge.
Sup.R., Appx. I, Std. 6 (E).
46
Each veteran understands the steps necessary for successful compliance with the rules
and completion of the VTC program as stated in the Handbook. Each veteran knows
that the benefits of successful completion may include public recognition, reduction
of fines and fees, suspension of jail days, early termination of probation, and/or
successful completion of any Diversion-Related Program.
Sup.R., Appx. I, Std. 6 (E).
Each veteran is to be supervised by the VTC PROBATION OFFICER UNTIL
FURTHER ORDERED BY THIS COURT.
Failure to comply with these rules, the Participation Agreement, the orders of the VTC Judge, or the
commission of a new criminal act will result in immediate and graduated sanctions and may result in
termination from the VTC program.
Rewards (Incentives) and Consequences (Sanctions)
Immediate, graduated, and individualized incentives and sanctions govern the response of the VTC
to the veteran’s compliance and noncompliance.
Sup.R., Appx. I, Std. 10, pp. 48-51.
Rewards (Incentives)
Rewards (incentives) are individualized according to the specific treatment plan and directly relate to
the veteran’s achievements as certain milestones of the treatment plan are attained. Rewards
(incentives) are also tracked to ensure that the veteran is rewarded on a progressive basis.
Sup.R., Appx. I, Std. 10, pp. 48, 49.
The following are types of behaviors that may be granted a reward (incentive):
Attending required court appearances.
Attending required treatment appointments.
Maintaining close and productive contact with case management.
Reaching individual treatment objectives.
Abstaining from alcohol and drugs, as evidenced by negative alcohol and drug
screens.
Securing stable housing.
47
Accomplishing milestones identified by the team.
Medication compliance.
Paying court fines, costs, and restitution.
Providing support and encouragement to other veterans.
The following are examples of incentives that may be utilized by the program:
Encouragement and praise from the VTC Judge.
Advancement through the Phase System.
Less frequent court appearances.
Being called earlier in the docket.
Having extended time to talk with the Judge.
Reducing fines and fees.
Increasing or expanding privileges.
Award of phase advancement token as decided on by Treatment Team staff..
Award of a sobriety bracelet once one full year of sobriety has been met.
Encouragement to increase participation in positive activities the veteran finds
pleasurable.
Gifts or inspirational items.
Assistance with purchasing clothes and/or household items.
Gifts of small personal care items, hobby, or pet supplies.
Dismissing criminal charges or reducing the term of probation.
Reducing or suspending jail, prison, or detention days.
Graduating from the VTC.
48
Consequences (Sanctions)
Immediate, graduated, and individualized consequences (sanctions) govern the VTC Docket’s
responses to the veteran’s noncompliance. Graduated consequences (sanctions) are used to help the
veteran conform behavior to program requirements. Sanctions are crafted in an individualized and
creative manner, as well as in a progressive manner based on the infraction. Consequences
(sanctions) are issued when there is noncompliance with program protocol, probation rules, or the
treatment plan. Consequences (sanctions) are a deterrent to negative behavior, as well as
encouragement for future compliance.
Sup.R., Appx. I, Std. 10, pp. 49, 50.
While sanctions may include an evaluation of treatment and/or community self-help
involvement, an adjustment in treatment services, as well as participation in community-based
mutual support meetings will be based solely on the clinically informed interest of the veteran.
Sanctions related to positive alcohol and drug screens will be documented, reported, and
consistently enforced and reinforced by the judge.
The following will serve as a guide to the Treatment Team of the continuum of sanctions. While
the infraction should be matched with an appropriate level of sanction, infractions and sanctions
will be tracked to allow for additional sanctions in a graduated manner. The following are
common types of infractions that may result in the use of sanctions:
Failure to attend court appearances and treatment appointments.
Failure to follow VTC rules.
Failure to follow the prescribed medication regimen.
Failure to keep scheduled appointments with the probation officer, case manager, or
any other Treatment Team member.
Noncompliance with any other requirements of the treatment plan.
Noncompliance with random alcohol and drug screens or testing positive for alcohol
and drugs.
Failure to improve troublesome behaviors.
Failure to meet employment or vocational goals as determined by the Treatment
Team.
Failure to keep other appointments as scheduled, such as those for public benefit aid,
health care benefits, housing assistance, social security, etc.
49
A new criminal conviction.
The following are examples of sanctions that may be utilized by the program:
Warning and admonishments from the VTC Judge.
Appearing later on the docket.
Demotion to an earlier VTC phase.
More frequent alcohol and drug testing.
More frequent court appearances.
Refusing specific requests, such as permission to travel.
Denying additional or expanded privileges or rescinding privileges previously
granted.
Increasing supervision contacts and monitoring.
Writing essays, reading books, or performing other activities to reflect upon
unacceptable behavior.
Imposition of suspended fines and costs.
Requiring community service or work programs.
Behavioral Contract.
Electronic monitoring.
Escalating periods of jail or out-of-home placement.
Termination from the VTC
50
CHAPTER 6
Program Completion and Termination
This chapter explains the criteria for a successful completion of the VTC, and the criteria for an
unsuccessful completion of the VTC program.
Sup.R., Appx. I, Std. 3 (A), pp. 52-55.
Criteria for Successful Completion
Sup.R., Appx. I, Std. 3 (A), pp. 52- 54.
Advancement through the program, as well as the final decision to graduate, are decisions made by
the VTC Judge. The Judge is informed in the decision through the recommendation of the Treatment
Team, which will assess each individual for successful completion based on the following
benchmarks. These criteria were collaboratively developed, reviewed, and agreed upon by the
Advisory Committee.
Compliant behavior includes:
Completed community-service hours.
Demonstrated period of abstinence from alcohol and drugs, evidenced by submitting
negative alcohol and drug screens for a substantial period prior to graduation.
Demonstrated compliance with mental health treatment, including psychiatric
appointments and medication compliance.
Improved symptom identification and management.
A displayed change in thinking, attitude, and beliefs.
Maintained consistent employment or receiving disability benefits.
Demonstrated ability to identify and eliminate criminal thinking patterns.
Paid in full fines, court costs, restitution, and treatment costs.
Indigent veterans will be incentivized with dismissal of their fines and court fees
upon successful completion of the program, or given a payment schedule scaled to
their ability to pay. In addition, indigent veterans will be given counseling on the
financial resources and assistance available.
51
Identification and completion of a treatment plan to continue after program
completion.
Stable housing.
No new criminal charges or convictions.
Accomplishments may include:
Demonstrated abstinence from alcohol and drugs, as evidenced by negative drug
screens.
Completion of treatment.
Relapse prevention plan established.
Completed VTC requirements.
Completed vocational and/or educational plan.
Paid in full restitution, fines, and court costs.
Displayed responsibility for behavior.
Demonstrated stability in the community.
No new criminal charges or convictions.
The following are the policies and procedures for determining when a veteran has successfully
completed the program:
A veteran may be nominated for graduation by any Treatment Team member.
The Treatment Team will discuss progress in the program, time in the program, and
stability in the community in determining completion (the Judge, in his or her
discretion, will make the ultimate decision, however).
The veteran must complete a community-based service project of his or her choosing
with final approval from the Treatment Team.
Upon judicial decision that the veteran is ready for graduation, an after-care plan will
be put into place and accepted by the court. The veteran will have the option to retain
52
case-management, psychiatric, substance-abuse, and other supportive services outside
of the Court through the VA or other treatment providers.
The underlying case will be disposed of (dismissed if Intervention in Lieu / Probation
terminated).
The veteran will participate in a final public recognition ceremony and will be
presented with a final coin and certificate of completion.
Criteria for Termination
There are two types of termination classifications used by the VTC: unsuccessful discharge and
neutral discharge. These criteria were collaboratively developed, reviewed, and agreed upon by the
Advisory Committee. The written legal and clinical eligibility and termination criteria do not create
a right to participation in the VTC.
Sup.R., Appx. I, Std. 10, pp. 54-56.
The Judge ultimately decides issues concerning termination and classification of termination in
accordance with written termination criteria. The Treatment Team will advise the Judge on these
decisions, however.
Criteria for Unsuccessful Discharge:
Sup.R., Appx. I, Std. 3 (A), pp. 54, 55.
Criteria:
Ongoing noncompliance with treatment or resistance to treatment plan.
New serious criminal conviction.
A serious probation violation or series of probation violations.
A serious infraction of the VTC Participation Agreement.
Result of Unsuccessful Discharge:
Loss of future eligibility for the VTC.
Further legal action, including revocation of Diversion-Related Programs for probable
cause, or probation violation.
53
Depending on the circumstances, the veteran may be terminated from the VTC and
may subject him or herself to jail, prison, or other penalties.
Should the veteran remain on probation, the veteran will be transferred to the regular
criminal docket of the VTC Judge, assigned a probation officer, and continued under
the terms of probation.
An unsuccessful discharge from the VTC program will not mean a discharge from
appropriate mental health, substance-abuse, or other programming available to a
qualified veteran. Discharge will have no effect on access to VA services.
Criteria for Neutral Discharge
Sup.R., Appx. I, Std. 3 (A), pp. 55, 56.
Criteria:
Serious mental health condition resulting in inability to participate in program
requirements.
Serious physical health impairment/disability preventing ongoing program
participation.
Death of the veteran.
Choice to voluntarily withdrawal from the program prior to completion of a plea and
signing of the VTC Participation Agreement.
Other factors that may keep the veteran from meeting the requirements for successful
completion.
Result of Neutral Discharge:
Veteran is returned to the regular criminal docket of the VTC Judge for regular case
processing.
Veteran will have the right to request new representation other than the representation
of the assigned VTC Defense Attorney.
Should the veteran wish to be admitted in the future to the VTC, the Treatment Team
and Judge will review closely (final discretion is with the Judge).
54
CHAPTER 7
Substance Monitoring
All veterans will, upon plea and placement on probation, be required to submit to drug testing.
The VTC primarily utilizes Cuyahoga County Probation for drug testing. All alcohol/drug testing
plans will be individualized. All alcohol/drug screens will be random, frequent, and observed.
For some veterans in the VTC, random substance-abuse monitoring through Probation or TASC
may be modified to account for mental health symptomology.
Sup.R., Appx. I, Std. 8 (A), (B).
Cuyahoga County uses frequent, random, and observed alcohol and drug-testing policies. The
Cuyahoga County Probation Department utilizes a lab located at the Marion Building where
participants report to case management and Probation Officer meetings to test individuals. The
laboratory is conveniently located in the basement of the building. Both collections and testing is
done in the lab with the immediate results available to VTC staff.
If participants are given an instant test during a home visit or at court, this specimen will be
given to the Cuyahoga County Laboratory for confirmation. If a participant wants to contest a
test, payment will be issued for the further analysis of any samples. Payments will be made
through the Cuyahoga County Probation Department. Sanctions will not be imposed until further
confirmation is completed.
The Cuyahoga County Laboratory has written policies and procedures established for sample
collection, sample analysis, and result reporting. The laboratory addresses all elements that
contribute to the reliability and validity of the Cuyahoga County VTC testing policies.
Individualized alcohol and drug testing procedures for all participants are imposed.
A positive drug screen at admission, or a reported drug use or relapse, will trigger a clearly
established plan that includes treatment guidelines and sanctions (when appropriate) that are
enforced and reinforced by the VTC Judge.
Sup.R., Appx. I, Std. 8 (C).
Probation drug screens will be completed in accordance with internal Probation Department
Policies regarding reliability and validity of the testing process. Also, Probation has written
internal policies and procedures agreed to with the Cuyahoga County Common Pleas Court for
protocols of sample collection, sample storage, sample analysis, chain of custody, testing, and
confirmation testing, all of which contributes to reliability and validity of the testing process.
Sup.R., Appx. I, Std. 8 (A), pp. 57, 58.
Drug screens will be administered, collected, and reported as follows:
55
Each veteran will be subject to random drug screens that are administered by the
Probation Department. The Treatment Team, in consultation with Cuyahoga County
Probation and/or TASC, will modify drug testing to increase, decrease, or change the
frequency in accordance with each individual’s needs. All plans will be
individualized.
All testing will be random, frequent, and observed for the VTC.
Cuyahoga County Probation and/or TASC will be responsible for reporting test
results at Treatment Team meetings. The date of the test and the results will be
provided to the VTC Coordinator and Judge in a written format.
Positive drug screens will result in sanctions, when appropriate, that are enforced and
reinforced by the Judge.
The Court will be immediately notified of a positive screen, missed drug screen,
submission of an adulterated sample, submission of a diluted sample, or the
submission of the sample of another. All of these results will be treated as positive
tests and immediately sanctioned.
Sup.R., Appx. I, Std. 8 (D).
All testing will be sufficient to include the veteran’s primary substance of
dependence, as well as a sufficient range of common substances.
Sup.R., Appx. I, Std. 8 (E).
Testing results will be maintained in the veteran’s file by the Judge and VTC
Coordinator as well as in court computer CCJIS.
In addition to drug testing through Cuyahoga County Probation and/or TASC, the
veteran may be ordered to provide drug testing through the VA or some other service
provider. These agencies will report results immediately to the Treatment Team or a
member.
If a veteran’s sample produces a positive drug screen and the veteran contests the
result, the Court will order an immediate screen through Probation. No sanction will
be provided until the result of the drug test is confirmed. If the veteran’s drug screen
tests positive again, the veteran will be subject to a more severe sanction for
deception as well as substance abuse.
56
Substance Abuse Monitoring Contract
I, ___________________________________ understand that I will be tested for the presence of
drugs in my system on a random basis according to procedures established by the Veterans
Treatment Court Team and/or my treatment provider.
I understand that I will be assigned a color by the Veterans Treatment Court Probation Officer
and that this color will determine whether or not it is my day to report for testing.
I understand that it is my responsibility to call the designated number provided by the Veterans
Treatment Court Probation Officer every morning, Monday-Friday, to learn if my color has been
selected for testing.
I understand that I must call this number after 7:30am, but no later than 3:00pm, to determine my
reporting status. If my color has been called, I must report directly to the lab within posted lab
hours for that day (see hours below).
I understand that it is my responsibility to report to the assigned location at the time given for the
test.
I understand that if I am late for a test, or miss a test, it will be considered a positive test for
drugs/alcohol and that I may be sanctioned.
I understand that if I fail to produce a urine specimen, or if the sample provided is not of
sufficient quantity, it will be considered a positive test for drugs/alcohol and that I may be
sanctioned.
I understand that that if I produce a diluted urine sample, it will be considered a positive test for
drugs/alcohol and that I may be sanctioned.
I have been informed that the ingestion of excessive amounts of fluids can result in a diluted
urine sample, and I understand that my urine sample will be tested to ensure the sample is not
diluted.
57
I understand that substituting or altering my specimen, or trying in any way to modify my body
fluids for the purposes of changing the drug testing results, will be considered a positive test for
drugs/alcohol, will result in sanctioning, and may be grounds for immediate termination from
Veterans Treatment Court.
Participant Signature ____________________________________________ Date: __________
Probation Officer Signature ________________________________________ Date: _________
Phone Number: 216-______________________
Lab Hours
1276 W. 3rd
Street
Cleveland, OH 44113
Monday-Thursday 7:30am-6:15pm
Friday 7:30am-12:30pm / 1:45pm-3:15pm
58
CHAPTER 8
Professional Education
The VTC is committed to promoting interdisciplinary education to the Treatment Team members
to promote effective specialized docket planning, implementation, and operation. As a
collaborative and interdisciplinary program, it is essential that all members have an
understanding of the following areas:
Sup.R., Appx. I, Std. 11, pp. 59, 60.
Report all data required by the Supreme Court, including information to access
compliance with the standards.
Sup.R., Appx. I, Std. 12 (A), pp. 59- 62.
Engage in ongoing data collection in order to evaluate whether the VTC is meeting its
mission, goals, and objectives.
Sup.R., Appx. I, Std. 12 (B), pp. 59-62.
The Specialized Docket model.
Specialized Docket processes.
Best practices in substance-abuse and mental health services.
Drug trends and alcohol and drug testing.
The non-adversarial approach of the specialized docket model for counsel.
Training on community services.
Training on the criminal justice system and criminal law of the State of Ohio.
The VTC will offer training opportunities to the Treatment Team throughout the year to address
these topics. In addition to trainings provided locally to the Treatment Team staff, state-wide and
national continuing legal and clinical education opportunities will be encouraged. In addition, the
following practices will be implemented:
Prosecutors and defense counsel will be trained in specialized docket process.
At a minimum of once every one year, the VTC will assess the team functionality,
review all policies and procedures, and assess the overall functionality of the
program.
59
The VTC Coordinator will be responsible for orientation of new Treatment Team
members. A new member will be provided the policies and procedures for the
program and be required to observe the functioning of the Court as an observer.
The VTC coordinator will mentor new team members, establish their
responsibilities, and review VTC policies and procedures with them.
The VTC Treatment Team will be encouraged to observe other specialized
dockets including drug courts, Re-entry courts, and mental health courts.
The VTC Treatment Team will participate in the Ohio Specialized Dockets
Practitioner Network by attending sub-network meetings, trainings, and annual
conferences.
The VTC will offer at least one opportunity per year to Treatment Team members
to attend training on community resources.
The VTC will also provide training to the local legal, clinical, and NAMI
community through lectures, information distribution, and continuing education
credit opportunities.
60
CHAPTER 9
Performance Outcome Measurements/Effectiveness Evaluation
The VTC Judge is committed to providing best practices to the VTC. Best practices require
ongoing data collection to ensure that program goals and objectives are met. The following are
the VTC data collection and reporting policies and procedures:
Sup.R., Appx. I, Std. 12 (A) and (B), pp. 59- 62.
Supreme Court Reporting Data and Ongoing Data Collection
The VTC will comply with any and all requests for reporting and maintaining data for the
Supreme Court. The VTC Coordinator will be primarily responsible for collecting, maintaining,
and reporting data to the Supreme Court of Ohio. All Treatment Team members will provide
specific data to the VTC Coordinator in a timely manner to ensure ongoing and accurate
collection and retention.
In addition to maintaining data for the Supreme Court, the VTC will maintain the following data
for internal purposes and for reporting to the Advisory Committee and Ohio Mental Health and
Addiction Services:
Number of veterans admitted to program.
Number of veterans graduated from program.
Number of veterans neutrally discharged from program.
Eligible diagnosis of veterans.
Total number of referred veterans to the program.
Substance-abuse diagnosis of individual.
Length of participation for each veteran in the program.
Demographic data (age, race, gender, etc.).
Legal Charge / potential sentence.
Total number of jail/prison days saved for successful graduates.
Number of clients with Intervention in Lieu of Conviction.
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Track jail sanctions.
Recidivism.
Utilization of Day Reporting / The Crossroads Center.
Data of Benefits / Employment.
Substance Abuse tracking as one measure of the program’s effectiveness.
Track reasoning for decision not to accept referral (legal, clinical, refusal, etc.).
Track Probation Violations and new charges.
Data is maintained through the VTC Probation Officer, VJO, and TASC Clinician
and provided to the VTC Coordinator and CWRU Evaluator(s) on a monthly basis. In
order to ensure that data collection is being completed as required, as well as
addressing any technical assistance needs, case management meetings will occur
every 3rd
week of the month. The data will then be complied and provided to the
Treatment Team on the 4th
Thursday of every month by the CWRU Evaluator(s).
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APPENDIX
Table of Contents
1. Cuyahoga County Common Pleas Court Local Rule 10.1
2. VTC and VA Memorandum of Understanding
3. Advisory Committee Contact Information
4. Treatment Team Contact Information
5. VTC Program Documents
6. Status Review Hearings/Treatment Team Summary Reports
7. Probation Department Substance Abuse Testing Policies
8. HIPAA Information Release
Veterans Treatment Court
(VTC) ELIGIBILITY REQUIREMENTS
REFERRAL PROCESS
Presiding Judge: Judge Michael E. Jackson 216.443.8755 [email protected]
VTC Coordinator: Amanda Wozniak Marion Building , Suite 100
216.443.8484 [email protected]
VTC Probation Officers: Marion Building , Suite 100
Fabyen Robinson [email protected] 216.443.8089
Stephanie Gilliams [email protected] 216.698.2238
Veteran must volunteer to participate
VTC determines eligibility: Before Plea After Plea Before Sentencing At Sentencing While on Probation
Defendant must provide evidence of military service (DD214/NGB22).
Veteran must have a clinically diagnosed Substance Use Disorder.
Mental Health and Trauma diagnoses are eligible when a substance use diagnosis is present.
Veteran must have completed Basic Training.
Discharge status does not necessarily affect eligibility.
Any current felony offense if veteran is eligible for Community Control Sanctions (Probation), except current sexually oriented or gang-related cases.
Plea or verdict for an F-1, F-2, or high F-3 felony must be journalized by the assigned Judge; then veteran is eligible for transfer.
Veteran qualifying for any Diversion- Related Program or Re-Entry Related Program is eligible for VTC. Assigned Judge must enter plea before transfer.
Veteran cases with a co-defendant must enter plea with
assigned Judge before transfer.
VA benefits will be utilized if eligible, but are not required. Community-based resources will be provided to veterans without VA eligibility.
Any veteran or anyone else can refer a veteran to the VTC Coordinator.
If the case has been assigned to a Judge, the Judge's approval may be needed before an assessment can occur.
For Judges: Referral to the VTC can be completed on
the hearing screen by clicking the “Veterans Treatment Court Transfer Request” box.
The VTC Coordinator and VTC Probation Officers will conduct an administrative assessment by determining the veteran's status, reviewing criminal history, sentencing history, and case information; followed by a clinical or treatment-based assessment by TASC or the VA.
The VTC Treatment Team has 30 days to make an eligibility determination based on the administrative and clinical assessment, with the VTC Judge making the final decision.
Veterans who are eligible must volunteer to participate
and sign a Participant’s Agreement, when accepted into the VTC program.
VTC Coordinator will arrange the transfer by contacting the appropriate court personnel.
SEE LOCAL RULE: 30.3. ASSIGNMENT OF CRIMINAL CASES TO VETERANS TREATMENT COURT DOCKET
PROGRAM OVERVIEW
Veterans in Cuyahoga County: Cuyahoga County is by far the largest veteran population in the state with 9.7% as of December 30, 2012. The total veteran population in Ohio was 844,000 with 82,000 veterans in Cuyahoga County. A recent review by the Cuyahoga County Sheriff’s Department indicated that approximately 550 veterans who acknowledged their military service were booked into the county jail in a 12 month period.
Why VTC Works: For those veterans charged with a felony, traditional sentences of probation may not provide the appropriate rewards (incentives) and consequences (sanctions) to adequately suite their needs. However, probation services tailored to a shared military experience make a direct and positive difference to veterans, as well as provide an indirect benefit to the entire community, as reflected by the initial data showing less recidivism for veterans in participating in a veteran's treatment court that is now available from other VTCs in Ohio and the nation. There are two crucial components of the VTC: the bi-weekly Court Status Hearings with the VTC Judge who interacts with each veteran, and the veteran mentor program. Mentors are veterans who assist the defendant veteran with accountability, support, friendship, and guidance through a shared military experience. In addition, the VTC works alongside the VA and various community providers who are knowledgeable of the military experience and how that experience helps address and aid the veteran’s goal of successfully completing a court ordered probation obligation. The program follows the national Veterans Treatment Court model based on the 10 Key Components that are used in drug courts.
Treatment Team: The VTC Judge, VTC Coordinator, VTC Probation Officer, Public Defender, Prosecutor, TASC Assessor and Case Manager, VA Veteran Justice Outreach Specialist (VJO), a Cuyahoga County Veteran Service Commission representative, and a Social Worker within the Vets Center. The Treatment Team meets weekly to review each veteran's case.
The VTC Program Seeks The Most Challenging Cases: The VTC seeks to select veterans identified as High Risk/High Needs, and those veterans with a demonstrated trauma related incident, mental health diagnosis, and/or alcohol and other drug (AOD) diagnosis. Other veterans are also eligible to participate.
The VTC is Divided into 4 Phases: Veterans must complete a 12 to 18-month program, with 18 months the more likely time period, in order to advance to the final step of phase 4, which includes the Recognition Ceremony. These phases are consistently monitored by the VTC Team and movements are made only after the specific requirements are completed. The phases are:
• Phase 1: Orientation/Compliance • Phase2: Stabilization • Phase 3: Community Reintegration • Phase 4: Maintenance/ Growth and Development
and Recognition Ceremony
CUYAHOGA COUNTY COMMON
PLEAS
VETERANS TREATMENT COURT
A SPECIALIZED DOCKET SERVING THE NEEDS OF
UNITED STATES VETERANS AND THOSE SERVING ON
ACTIVE DUTY, THE RESERVES, OR THE OHIO NATIONAL GUARD
_________________________________________________________________
PRESIDING JUDGE:
Michael E. Jackson
Participant Handbook
Guidelines and Program Information
June/July 2017
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TABLE OF CONTENTS
Introduction
Introduction and Welcome to the Cuyahoga County
Veterans Treatment Court (VTC)
Page 3
Chapter 1
What is the VTC?
Page 4-10
Chapter 2
Referral and Eligibility Guidelines
Page 11-16
Chapter 3
VTC Treatment Team
Page 17-19
Chapter 4
Status Review Hearings
Page 20-21
Chapter 5
Rules of VTC
Page 22-31
Chapter 6
VTC Program Phases and Graduation
Page 32-36
Chapter 7
Rewards (Incentives) and Consequences (Sanctions)
Page 37-41
Chapter 8
Program Completion and Termination
Page 42-47
Chapter 9
Monitoring of Substance Abuse
Page 48-52
Index
Contact Information
Page 53-54
Welcome to the
Cuyahoga County Common Pleas
FOR MORE INFORMATION CONTACT:
Amanda Wozniak, Veterans Treatment Court Coordinator
Cuyahoga County Common Pleas Veterans Treatment Court
Justice Center / Marion Building, First Floor
Cleveland, Ohio 44113
P: (216) 443-8484
E-mail: [email protected];
Fax: (216) 443-3512
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Introduction and Welcome to the
Cuyahoga County Veterans Treatment Court (VTC)
This Veteran’s Handbook, with guidelines and program information (Handbook), is designed to:
1. Answer questions;
2. Address concerns;
3. Provide information about the Veterans Treatment Court (VTC); and
4. Detail each veteran’s rights and responsibilities while participating in the VTC.
Ask your Attorney or a member of the VTC
Treatment Team to explain anything in this Handbook
that you do not understand.
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Chapter 1
What is the VTC?
This chapter is a brief summary of the VTC and how it works. Each of the following chapters
explains in further detail the information provided in this chapter.
up.R., Appx. I Std. 1 (C), pp. 4-10.
The VTC is a court-supervised treatment program for veterans who are eligible to participate and
are approved by the VTC Judge, after an assessment by the Treatment Team. The goal is to help
each veteran address the issues that result from a felony indictment or information. This is a
voluntary program that requires regular court appearances to discuss that veteran’s progress
before the VTC Judge Michael E. Jackson, who is also a veteran. Veterans may withdraw from
participating in the VTC, and if that occurs, they will be placed in a regular Probation unit or
program, if the VTC Judge determines the withdrawal is a “neutral discharge” as explained in
Chapter 8.
Each veteran will work with a dedicated team of professionals that seek to improve that veteran’s
life. Each veteran will work on developing skills to: (a) change his or her current conduct, (b)
stop the cycle of criminal behavior, and/or (c) successfully complete treatment programs and
maintain a commitment to abstain from use of drugs/alcohol. Each veteran’s active participation
in this process is essential to his or her success. Also, an essential component of the VTC
program is the volunteer Veteran Mentor Support Program (Mentor Program) where veteran
Mentors provide peer support to veterans participating in VTC.
Treatment and other services in the VTC are tailored to a shared military experience of those in
the VTC program. This approach has proven to make a direct and positive difference to veterans
who participate in the VTC, based on the initial results available from other veterans’ courts.
This is especially true when the treatment providers are supportive of those who served in the
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military, and these providers seek to use that military experience to help each veteran to
successfully complete his or her court obligations.
Once accepted into VTC, each veteran must complete four phases of treatment, which last, in
total, at least 12 months (and, more likely, 18 months). These phases are: (1) Orientation and
Compliance, (2) Stabilization, (3) Community Reintegration, and (4) Maintenance.
Advancement through these phases is based on performance and not on the amount of time spent
in the program or in each specific phase. Each phase has treatment objectives, therapeutic and
rehabilitative activities, and specific requirements for advancement to the next phase. Each
veteran’s progress through the program is based upon his or her individual performance in the
treatment plan and compliance with the program phases.
Sup.R., Appx. I Std. 6 (D), pp. 4-10.
The VTC is committed to providing veterans with access as quickly as possible to a range of
treatment-related services within the community. The intent is to develop in each veteran a
greater self-sufficiency and the ability to live a law-abiding life. The goal for each veteran, as
well as for our community, is to reduce future crimes (called recidivism), to promote public
safety, and to provide alternatives to incarceration. To accomplish these goals, the VTC will
work closely with the Veterans Administration (VA) and other services and agencies mentioned
in this Handbook.
Key Components of the VTC:
Recognize the service of veterans by providing a comprehensive treatment-based program.
Ensure that veterans receive effective treatment and access to community resources
available to him or her.
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Develop an individual treatment plan for each veteran to address needs, barriers, and
goals. The treatment plan will include evaluations and assessments to determine the most
effective treatment for the veteran.
Provide a support team to each veteran dedicated to helping the veteran achieve his or her
goals. The support team includes other veterans, treatment providers, the VTC Judge and
staff, and a volunteer Mentor Program.
Regular and frequent reporting by each veteran to the VTC Judge to discuss how that
veteran is progressing. Veterans must appear at least twice per month during the first
phase of the program. Veterans will be required to appear less often as they progress
through the program. As each veteran’s treatment progresses, attendance may be reduced
to every third week or monthly at the discretion of the VTC Judge.
Frequent random drug/alcohol testing throughout the program.
Follow the rules of the Cuyahoga County Probation Department (Probation), the VTC
Participation Agreement, and Orders of the VTC Judge.
How will I benefit from VTC?
Joining the VTC indicates that the veteran wants to improve his or her life by working closely
with the Treatment Team to: (a) achieve the veteran’s goals; (b) successfully complete probation;
and (c) stay out of legal trouble, including jail or prison, now and in the future. The program
provides an opportunity to reconnect with the fellowship of other veterans as each veteran seeks
to reach these goals. Everyone involved in the VTC program believes that if each veteran works
with the VTC Judge, Treatment Team, and his or her Mentor, the veterans will find ways to
better their life.
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VTC provides access to the following services:
Residential treatment (substance abuse, psychiatric, PTSD)
Outpatient substance abuse treatment
Individual counseling and therapy
Psychiatric consultation
Access to PTSD and TBI recovery treatment services
Access to Legal Aid for civil matters
Case management services
Access to housing services
Access to VA and other benefits
Vocational training
Referral to physical health care
Employment services
Military sexual trauma counseling
Sup.R., Appx. I, Std. 4
Mentor Program Component
Veterans are better served by having a support system that includes veterans who understand the
different aspects of the military experience and the challenges in re-adapting to civilian life.
Mentors are veterans who volunteer their time to assist veterans in the VTC. Mentors develop a
supportive relationship with veterans to increase the likelihood that the veterans will remain in
treatment, attain and manage sobriety, participate in law-abiding behavior, and successfully
readjust to civilian life. All Mentors will take part in a training program before assisting veterans
and attend all continuing training programs when scheduled.
The Mentor Program consists of a Mentor Coordinator and veteran Mentors. A Mentor acts as a
coach, a guide, a role model, an advocate, and support for the veteran that only another veteran
can provide. A Mentor is not a counselor or a legal or financial advisor. The Mentor
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encourages, guides, and supports the veteran at each stage of the VTC process. This includes
listening to the concerns of the veteran and making general suggestions, assisting the veteran to
determine his or her needs, and providing a supportive message for the veteran during this
anxiety-inducing time.
Typical Mentor’s duties and responsibilities are to:
Attend court sessions when scheduled.
Participate in and lead Mentoring sessions with veterans after assignment by the VTC
Judge.
Provide support and express understanding regarding the difficulties other veterans
are facing.
Assist the veterans as much as possible to resolve their concerns about VTC
procedures.
Assist veterans on how to access and navigate the VA’s system and other support
systems.
Provide support and assistance to other Mentors.
Work respectfully and professionally with the other Mentors.
Refer veterans to appropriate service providers (e.g. Housing, Social Services, etc.).
Develop and utilize a resource book to assist veterans.
What do I need to do?
Veterans are required to sign an Order and Participation Agreement with the VTC Judge when
they are admitted into the VTC. This agreement is between each veteran and the VTC. It
explains what is expected of the veterans and the consequences (sanctions) for not following the
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VTC rules. Before acceptance into the VTC, each veteran and his or her attorney—whether
retained, an assigned private attorney, or a public defender (collectively, attorney)—will review
the Participation Agreement. Then, a hearing will be held with the VTC Judge, each veteran, and
his or her attorney to answer any questions and to make sure each veteran understands this
agreement.
Each veteran will work with the Treatment Team and treatment providers to identify goals to
accomplish while in the program. For example, the goals may include returning to school, job-
skills training, employment, substance-abuse treatment, trauma-related treatment, domestic
violence issues, anger-management issues, medication compliance, reconnecting with family,
strengthening support in the community, accessing benefits, and securing safe and stable
housing.
The following are examples of some of the rules and rights that are part of the VTC. This list is
not exhaustive, however. All of the rules and rights are listed in Chapter 5 of the Handbook.
Each veteran should discuss any questions regarding any rule and any of the veteran’s rights with
his or her attorney, a member of the Treatment Team, or Probation Officer.
Examples of some of the VTC rules:
Abstain from alcohol and drug use.
Attend Status Review Hearings.
Attend appointments with VA Veteran Justice Outreach Specialist (VJO), counselors, and
therapists as directed by the VTC Judge.
Attend appointments with Probation Officer and VTC Coordinator.
Follow the Orders of the VTC Judge.
Avoid further violations of the law.
Do not possess or have access to firearms while on probation.
Follow all other rules as directed by Probation and VTC.
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Veterans must also follow the Probation rules, a few of
which include, but are not limited to:
Meeting regularly with your Probation Officer as scheduled.
Participating in drug testing.
Notifying your Probation Officer of any change in address or phone number.
Allowing random home visits, community visits, treatment visits, and employment visits.
Removing all firearms and weapons from your home.
Failure to follow the rules of Probation may result in consequences (sanctions), such as
an increase in Probation reporting, an increase in VTC reporting, probation violation, or
termination from the program.
Veterans have certain rights recognized by the VTC:
A right to voluntarily participate in the VTC.
A right to have all legal consequences explained to you before entering the VTC.
A right to be involved in the creation and execution of your treatment plan.
A right to have an attorney present throughout the VTC process, including a right to have
your attorney attend the VTC Treatment Team meetings and Status Review Hearings
concerning discussions of your case.
A right to access available clinical resources in a timely manner.
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Chapter 2
REFERRAL AND ELIGIBILITY GUIDELINES
How can I participate in the VTC?
Referral to VTC
Sup.R., Appx. I Std. 4, pp. 11-16.
At any point after arraignment, each veteran may request a referral, or a referral may be made by
anyone acting on that veteran’s behalf. This includes a referral by a veteran’s family, friend, or
attorney, a Judge, Cuyahoga County Pre-Trial Services Case Worker, a case manager, or an
agency. The VTC is a voluntary program, and veterans are encouraged to discuss the option of
entering the program with their attorney.
Once a referral is made, eligibility is evaluated by the VTC Treatment Team with the final
decision made by the VTC Judge. The guidelines listed below will be used by the Treatment
Team to decide who may be recommended to the VTC Judge for acceptance in the program.
Note, however, that a veteran does not have a right to participate in the VTC. Even if a veteran
satisfies all written legal and clinical eligibility criteria, he or she may still not be offered a spot
in the program. The VTC Judge has final discretion to admit a veteran into VTC, based on
written eligibility criteria in the Handbook.
Sup.R., Appx. I Std. 3 (B), and 3 (C).
Eligibility Guidelines
At any point after arraignment, each veteran may enter VTC at any of the following
stages of his or her case: (a) before a Plea; (b) at the time of a Plea, including Diversion,
Intervention in Lieu of Conviction, or Early Intervention Program (collectively,
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Diversion-Related Programs); (c) at Sentencing, if placed on Community Control
Sanctions (usually called Probation); (d) after release from prison when participating in a
re-entry program, such as Judicial Release, Post Release Control (usually called Parole or
PRC); or (e) after acceptance into the Cuyahoga County Re-Entry Court or any other
early release prison program authorized by the Ohio Department of Rehabilitation and
Corrections (DRC).
Voluntary Participation: A veteran must voluntarily agree to participate in VTC and
have the ability to understand the requirements of the program. A veteran must be
assessed and successfully screened by the VTC, accepted by the VTC Judge, and sign the
Participation Agreement agreeing to participate in this program as discussed in detail in
this Handbook, including signing a release of medical information.
Eligibility: A veteran is eligible for transfer to the VTC when charged with a felony as
described in next section, provided the veteran presents evidence of military service with
military form DD-214. A veteran’s discharge status does not necessarily affect eligibility.
A veteran with a bad conduct or a dishonorable discharge, or a veteran with a discharge
of other-than-honorable conditions from the National Guard, must present compelling
circumstances to warrant acceptance by the VTC Judge. The DD-214 is easily obtainable
and assistance will be provided to a veteran by the Cuyahoga County Veterans Service
Commission, the VJO, a VA Benefits representative, or the office of the State of Ohio
Veterans Affairs Department.
Sup.R., Appx. I, Std. 3 (B), pp. 11-16.
Types of Cases: (1) Permitted Felonies. Any felony offense for which a veteran may
receive a sentence of community-control sanctions (usually called probation) makes that
veteran eligible to transfer to the VTC, subject to the approval of the VTC Judge. All
cases are reviewed and accepted on a case-by-case basis by the VTC Judge. A veteran
who receives a sentence of probation for a sexually oriented or gang-related offense, or
who has a criminal record of such crimes, must present compelling circumstances to
warrant acceptance by the VTC Judge. At any point after arraignment, a veteran may be
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referred to the VTC, but when a veteran is convicted of or pleads to a felony of the (a)
first degree, (b) second degree, or (c) third degree that is subject to a greater sentence
because of the type of crime (usually called higher tier), the assigned Judge shall sentence
the veteran before transfer to the VTC. (2) Diversion-Related Cases and Re-Entry
Cases: A veteran who qualifies for diversion, intervention in lieu, or early intervention
(collectively, Diversion Related Programs), or judicial release, including the Re-Entry
Court or similar programs of the DCR, including post-release control, is also eligible for
the VTC, subject to approval by the VTC Judge. A plea involving a diversion-related
program must be entered by the assigned Judge before transfer to the VTC.
Guilty Plea: Veterans must plead guilty as charged or as required by a plea agreement,
including charges in a Diversion-Related Program.
Transfer: The VTC will accept assignment at any stage after arraignment, including: (a)
before a plea; (b) after a plea and before sentencing; (c) after sentencing and while on
probation if 12 months or more (preferably 18 month)s remain to be served; or (c) if a
veteran is willing to extend probation to be considered.
Early Transfer Encouraged: Each judge is encouraged to transfer a veteran’s case
sooner rather than later, and preferably no later than after the plea. Transfer before the
plea is strongly encouraged.
Length: The VTC program will last for a minimum of 12 months, with 18 months as the
anticipated, and the more likely, time period. Additional time, if needed, may be extended
by the VTC Judge for good cause, subject to the terms, conditions, and limitations
imposed by probation.
Transfer to Drug or Mental Health Court: If a veteran in the VTC needs to be transferred
to one of the other specialized dockets within Cuyahoga County, then the Judge of the VTC
will recommend that transfer.
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Targeted Risk Level: Priority acceptance to the VTC will be given to: (a) the veteran
with a high risk/high need assessment, or (b) the veteran with a demonstrated trauma-
related circumstance or injury, whether or not service connected, such as post-traumatic
stress disorder, traumatic brain injury, or military or civilian sexual trauma. Those
veterans who are determined to be low risk/low need will not be accepted, unless other
factors are present. All other veterans with risk assessments between these two
assessments may be accepted, if the assessment so indicates and the Judge of the VTC
accepts the veteran.
Service-Connected Condition Not Required: Eligibility to participate in the VTC is
not limited to a veteran who has a service-connected injury or disability.
VA Benefits Not Required: If a veteran is not eligible for VA medical benefits, the
veteran may be eligible for community-treatment programs available to individuals on
probation, and the veteran will utilize those benefits for VTC treatment programs ordered
by the VTC Judge. If a veteran is eligible for VA medical benefits, that veteran will
utilize those benefits for VTC treatment programs ordered by the VTC Judge. In addition,
for those veterans with discharges that enable them to receive benefits available at Vet
Centers, VTC will take steps to ensure that these benefits are utilized to the fullest extent
possible. Supplemental benefits provided by the Cuyahoga County Veterans Service
Commission that are not provided by the VA or other community agencies may be
available to an eligible veteran as determined by such agency. Finally, VTC will
coordinate with the Cuyahoga County Veterans Service Commission, the Department of
Justice Bureau of Justice Assistance, and local government resources wherever possible
to provide supplemental benefits not otherwise covered by the VA or other community
agencies.
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The Eligibility Review Process
A Judge shall make a referral to the VTC by ordering a “Veterans Treatment Court
Assessment.” The veteran, with the assistance of the VTC Coordinator, will make an
appointment to complete the assessment.
The VTC Coordinator shall meet with the veteran to describe the program, review this
Handbook and Participation Agreement, and answer any questions.
The VTC prosecutor and the VTC public defender shall both review each veteran’s
charges and criminal history to determine legal eligibility. Both acknowledge that a non-
adversarial approach will be utilized in addressing the veteran’s issues.
The VJO shall confirm eligibility and need for VA treatment services.
The Treatment Team will review the veteran’s eligibility and make a recommendation to
the VTC Judge, who shall make the final decision concerning acceptance to the VTC.
If a veteran is eligible and accepted into the VTC, the determination shall be made within 30
days of the referral for a VTC Assessment. The VTC Coordinator will provide the veteran and
his or her attorney with the date and location of the first Status Review Hearing for acceptance
into the VTC by the VTC Judge.
Clinical Assessment Information
The clinical assessment means that a veteran must meet with the Treatment Team or its members
to discuss his or her current symptoms and history of treatment. A veteran signs release-of-
information forms to enable a review of that veteran’s history. If veteran fails to report for the
assessment, a notice will be sent to the referring Judge explaining that the assessment was not
16
completed due to an absence. Failure to report for a scheduled assessment may result in
consequences (sanctions) from the referring Judge.
Each veteran may be asked to provide the following:
Treatment History
Criminal History
Current Address and Phone Number
Education History
Employment History
Substance Use History
Family History
Medical Release of Information
Military History
Discharge Status
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Chapter 3
VTC TREATMENT TEAM
The Treatment Team is composed of the individuals listed below, all of whom are committed to
each veteran’s success in the program. Treatment Team members attend Status Review Hearings
and participate in Treatment Team meetings that discuss and monitor each veteran’s overall and
current performance and progress in the VTC program. For example, the Treatment Team would
discuss: (1) rewards (incentives) for that veteran’s good choices or decisions; (2) consequences
(sanctions) for that veteran’s poor choices or decisions; (3) whether to advance the veteran to the
next phase; and (4) whether the veteran has successfully completed the program, or whether
termination should be considered. The VTC Judge makes the final decision on all matters
discussed concerning each veteran. Sup.R., Appx. I,
Std. 1 (C). pp. 17-19, and Std. 6 (D).
Team members are:
VTC Judge: The VTC Judge is the leader of the team and makes the final decision as to
acceptance into the program. Each veteran will see the VTC Judge during the regular
Status Review Hearings and have the opportunity to talk about his or her progress and
any challenges he or she is facing. The VTC Judge takes an active role in working with
the Treatment Team to address concerns, acknowledge progress, and provide direction to
each veteran. The VTC Judge also decides whether to approve rewards (incentives),
consequences (sanctions), phase advancement, and successful completion or termination.
VTC Coordinator: The VTC Coordinator is responsible for the day-to-day management
of the VTC. The VTC Coordinator ensures that the policies of the VTC are followed by
the Treatment Team and is primarily responsible for coordinating referral, intake, and
ongoing education and planning for the VTC. The VTC Coordinator will meet regularly
with veterans.
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VJO for the VA Healthcare Administration / Benefits / Vet Center: The VJO is the
VA representative. The VA provides residential and ongoing outpatient treatment to
qualified veterans. Services may include treatment for PTSD, TBI, substance abuse,
physical health needs, mental health needs, and eligibility to receive VA benefits. The
VJO shall be the primary Treatment Team contact between the VTC and the VA.
Sup.R., Appx. I Std. 1 (C).
Probation Officer: Veterans must meet with their Probation Officer as ordered by the
VTC Judge. Probation will designate a Probation Officer to attend Treatment Team
meetings, Status Review Hearings, and be involved in the creation and implementation of
Treatment Team and supervision plans. The Probation Officer is responsible for drug
testing and monitoring.
Cuyahoga County Prosecutor: The designated prosecutor reviews all referrals for legal
eligibility and works closely with the attorney representing the veteran, VTC Judge, and
service providers to monitor the progress of each veteran throughout all phases of the
program. The prosecutor acknowledges that a non-adversarial approach will be used in
addressing veteran’s issues in VTC.
Cuyahoga County Public Defender / Defense Attorney: The attorney designated by
the public defender’s office will be a member of the Treatment Team. This designated
public defender will review all referrals for legal eligibility and work closely with the
attorney representing the veteran, the VTC Judge, the prosecutor, and service providers to
monitor the progress of each veteran throughout all phases of the program. The public
defender acknowledges that a non-adversarial approach will be used in addressing the
veteran’s issues in the VTC.
In addition, each veteran will be represented by one of the following: (a) a public
defender, (b) a court-assigned private attorney, or (c) a privately retained attorney (all are
referred to as “attorney”). A veteran’s attorney will work collaboratively with the
19
Treatment Team and VTC Judge throughout the program, regarding, for example,
possible rewards (incentives), consequences (sanctions), waiver of rights, ongoing
participation in VTC, and program completion or termination from the program. Each
veteran has a right to have his or her attorney attend any Status Review Hearing or
Treatment Team meeting concerning his or her case. If for any reason that veteran’s
attorney does not appear at a Treatment Team meeting or a Status Review Hearing, that
veteran may waive his or her right to have that attorney present for that occasion, and
then may authorize the public defender to represent him or her at such meeting or hearing
(the public defender will be familiar with that veteran’s case as a member of the
Treatment Team). This is a situation-by-situation waiver while in VTC and on Probation.
Sup.R., Appx. I, Std. 2 (C)
Cuyahoga County TASC (Treatment Clinician): The Treatment Manager is
responsible for accessing veterans for drug/alcohol issues, reviewing and evaluating all
drug/alcohol testing, monitoring all treatment plans, and advising the Treatment Team
regarding a veteran’s performance concerning his or her plan.
Cuyahoga County Veterans Service Commission (Officer): The VSC Officer is
responsible for assessing and assisting veterans seeking Federal and State benefits they
may be entitled to through the U.S. Department of Veteran Affairs (VA).
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Chapter 4
STATUS REVIEW HEARINGS
Frequent Status Review Hearings establish and reinforce the VTC policies and ensure effective
and efficient supervision of the veteran. At a minimum, each veteran will appear before the VTC
Judge at least twice a month during the first phase of the program. Thereafter, within the
discretion of the Treatment Team, a veteran shall appear as needed, but no less than once per
month. Veterans will be notified when to attend.
Sup.R., Appx. I Std. 7 (B), Std. 7 (C), pp. 20, 21.
Each veteran will have an opportunity to speak directly with the VTC Judge at a Status Review
Hearing concerning that veteran’s goals, challenges, and accomplishments. Each veteran’s
current performance and overall progress is monitored and discussed at the Treatment Team
meeting and Status Review Hearings. The Treatment Team meets before the Status Review
Hearings. As explained earlier, a veteran’s attorney has the right to attend the Status Review
Hearings and the Treatment Team meetings.
Sup.R., Appx. I, Std. 6 (D).
The schedule for Treatment Team meetings and Status Review Hearings is:
Treatment Team: Every week on Thursday at 12:30 p.m. in VTC Judge’s Jury Room.
Status Review Hearing: 1st and 3rd
Thursday of the month: HRHN docket in Courtroom
15-D at 2:00pm
2nd
and 4th
Thursday of the month: MRHN docket in Courtroom 15-D at 2:00pm
Each veteran is expected to bring a calendar of treatment appointments and any information
requested from the Treatment Team, including proof of employment, medication, or homework
assignments.
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Participating in the Status Review Hearings is Important:
The VTC strives to provide an opportunity for all of the veterans to learn from each other. Every
attempt is made to have as many veterans as possible on each docket, so long as each veteran has
sufficient time to have a meaningful exchange with the VTC Judge. Veterans are required to
remain in the court room during the Status Review Hearing to support other veterans and to
educate themselves as to the rewards (incentives) and consequences (sanctions) of other veterans
in the program.
Failure to appear for a Status Review Hearing may result in consequences (sanctions), including,
for example, increased attendance at hearings, more frequent drug testing, and/or a warrant for
each veteran’s arrest for failure to come to Court.
The VTC Judge shall review with each veteran his or her current situation and explain: (1)
whether that veteran is in compliance with the treatment plan, (2) how to comply with probation
conditions and VTC programming if necessary, and (3) discuss the consequences of that
veteran’s misconduct, including termination from the program, if necessary, for failure to follow
the VTC rules.
Each veteran has the right to request to have his or her attorney present with him or her at Status
Review Hearings and at Treatment Team meetings. If for any reason a veteran’s defense attorney
does not appear at a Status Review Hearing or Treatment Team meeting, then each veteran may
waive that right to have that attorney present for that occasion, and then may authorize the public
defender assigned to VTC to represent him or her at the Status Review Hearing or Treatment
Team meeting. The public defender will be familiar with that veteran’s case because the public
defender is on the Treatment Team. This will be a situation-by-situation waiver of the veteran’s
right to an attorney present while in VTC. It is each veteran’s responsibility to contact his or her
attorney before the Status Review Hearing or Treatment Team meetings to request the attorney’s
attendance.
Sup.R., Appx. I, Std. 2 (C).
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Chapter 5
RULES OF VTC
Each veteran is required to follow these rules:
Each veteran agrees that he or she has read the VTC Participant Handbook (Handbook)
and acknowledges that he or she knows the rights, obligations, responsibilities,
requirements, and the processes of the VTC that are stated in the Handbook. Each veteran
knows that he or she must follow all orders from the Judge, VTC Treatment Team, and
others involved in the VTC Program.
Sup.R., Appx. I, Std. 2 (D), pp. 22-30.
Each veteran agrees that it is important to have a good understanding of this program.
The Handbook outlines the processes and the requirements of the program.
Each veteran understands that participation in this program requires a commitment to
following and completing VTC-ordered treatment programs. Including the treatment
plan, supervision plan, rules of probation, and rules of VTC.
Each veteran understands that to participate in the VTC he or she must plead guilty to the
charges in the Plea Agreement, Indictment, or Information, including Diversion-Related
Programs.
Each veteran understands that for any diversion-related program, the guilty pleas do not
become a formal finding of guilt, thereby allowing the veteran to participate in such
programs while in VTC.
Each veteran understands that with all pleas, the VTC Judge or the referring judge will
conduct a plea hearing that affords that veteran all of his or her constitutional rights. For
veterans who are on probation and transfer in to VTC, the participation agreement will be
explained to them.
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Each veteran understands that the program is designed to last a minimum of 12 months
(but that the program will most likely take 18 months to complete) and that it may be
extended under certain circumstances.
Each veteran understands that his or her progress through the program is determined by:
(1) following the rules of the VTC, (2) performing the treatment plan, and (3)
successfully completing the four phases of the VTC as outlined in the Handbook. Each
veteran understands that his or her performance in the VTC is not solely based on
meeting preset timelines.
Sup.R., Appx. I, Std. 6 (D).
Each veteran agrees to pay fees, costs, fines, restitution, and/or community work service
as ordered by the VTC. Each veteran, particularly those who are determined to be
indigent, will work with the Treatment Team and Probation Officer to pay these
obligations in a structured way in order to complete this program.
Each veteran understands that indigent veterans will be incentivized with dismissal of
their fines and court fees upon successful completion of the program, or given a payment
schedule scaled to their ability to pay. In addition, indigent veterans will be given
counseling on the financial resources and assistance available.
Each veteran understands that for indigent veterans court costs and supervision fees can
be satisfied by community work service and that court costs are not charges while the
veteran is compliant. Payment plans will also be explained to the veteran. Restitution
cannot be satisfied by community work service.
Each veteran will attend and fully participate in all treatment and programming
assessments. Each veteran will follow any rehabilitation, educational, vocational,
medical, psychiatric, or substance-abuse treatment program assigned by the VTC. Each
veteran agrees to be involved in developing his or her treatment plan with members of the
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Treatment Team. As part of each veteran’s treatment plan, each veteran 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. A
veteran may be required to attend groups such as anger management, parenting, or any
other area he or she, or the Treatment Team identify. A veteran’s attendance at
counseling sessions is reported to the VTC Judge as part of his or her progress report. A
veteran must have prior permission from a counselor to be excused from a counseling
session.
Each veteran will sign a release of information for the VTC Treatment Team to
communicate with all of his or her medical doctors, dental providers, or mental health
providers, including any type of hospital or health care facility regarding his or her
current or past status for any medications and/or treatment of any type of physical or
mental issues. Each veteran will comply with all relevant laws to gain this information,
including the “Health Insurance Portability and Accountability Act of 1996,” 42 U.S.C.
300gg-42, as amended, and R.C. 2151.421 and 2152.99 and Confidentiality of Alcohol
and Drug Abuse Patient Records, 42 C.F.R Part 2. This includes signing releases with the
Veterans Administration (VA), the Cuyahoga County Probation Department (Probation),
other treatment providers, and any other agency connected with the program.
Sup.R., Appx. I, Std. 4 (B).
Each veteran will keep confidential all information about other participants that is shared
at Status Review Hearings and all other group sessions of the VTC.
Each veteran understands that as soon as possible he or she will be placed in appropriate
treatment services, and each veteran shall attend as required.
Sup.R., Appx. I, Std. 4 (C).
Each veteran will not own or possess a firearm. He or she may not have one at his or her
residence, any storage facility, or in a vehicle when he or she is a driver or a passenger.
25
Each veteran will be placed under the supervision of the Probation Department to
monitor compliance with VTC requirements.
Sup.R., Appx. I, Std. 4 (C).
Each veteran understands that the VTC Treatment Team (including treatment providers,
the VTC Judge, Probation Officer, TASC Treatment Manager, Prosecutor, Public
Defender, and, if requested, his or her attorney) will be discussing his or her current and
overall compliance with VTC and performance regarding the treatment plan on a regular
and frequent basis.
Sup.R., Appx. I, Std. 4 (C).
Each veteran knows that it is very important for his or her success in the program to
interact with the VTC Judge at a Status Review Hearing and in any other appearances
before the VTC. Each veteran knows that he or she must appear regularly before the VTC
Judge, at least twice a month during the first phase of the program. After each veteran
completes the first phase of the program, that veteran will meet with the VTC Judge at a
Status Review Hearing as often as the VTC Judge and Treatment Team think necessary,
but not less than one time per month.
Sup.R., Appx. I, Std. 7 (B) (1) and (2).
Each veteran will not use any alcohol, illegal drugs, or unauthorized drugs that require a
prescription.
Each veteran will inform all medical providers, including mental health providers, dental
providers, and pharmacists, that he or she cannot have prescriptions containing narcotics
or any addictive substances because of his or her use of any one of the following, whether
an issue now or in the past: alcohol, illegal drugs, or unauthorized drugs that require a
prescription.
On or before a drug/alcohol test, each veteran will tell a member of the Treatment Team
or any drug/alcohol testing personnel that he or she: (a) will, or (b) believes that he or she
26
may test positive for alcohol, illegal drugs, or unauthorized drugs that require a
prescription.
Each veteran understands that not telling a Treatment Team member or any drug/alcohol
testing personnel that one of the above situations does or may exist—before receiving a
positive test—may be considered deceptive conduct (lying) or failing to take
responsibility for his or her misconduct. Each veteran further acknowledges that the VTC
will be immediately notified when: (a) testing shows a positive result, (b) he or she fails
to submit to testing, and/or (e) he or she submits an adulterated sample, the sample of
another individual, or dilutes the sample.
Each veteran will check with his or her Probation Officer or another Treatment Team
member, if that veteran does not understand the randomized or frequent drug/alcohol
testing program or where to test.
Each veteran will submit to random, frequent, and observed drug/alcohol and other
testing protocols as directed by the VTC Judge, the Treatment Team and/or by Probation.
Each veteran understands the Treatment Team or Probation will explain the terms of
testing, including the frequency, location, and process. Each veteran also understands that
a diluted test result will require a second drug test within 24 hours of notice by Probation
Officer. This second drug test is not a “second chance.” It is performed only to verify or
disprove the results of the first test. If the veteran is adamant that the test provided a false
positive, and the clinical staff also agrees that there is the possibility of a false positive,
the test in question will be sent out for further testing. Explain to indigent veteran that
court costs and supervision fees can be satisfied by community work service and that
court costs are not charges while the veteran is compliant. Payment plans will also be
explained to the veteran. Restitution cannot be satisfied by community work service.
Sup.R., Appx. I, Std. 8.
Each veteran understands that if there is a positive test on a screen, there will be
immediate consequences (sanctions) for the veteran’s conduct, which may include:
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increased outpatient treatment, residential treatment, probation violation, jail time, and/or
other appropriate consequences (sanctions) listed in the Handbook that may be
recommended by the VTC Treatment Team and decided by VTC Judge.
Sup.R., Appx. I, Std. 8 (B) and (C).
The following acts are treated as positive drug tests and immediate consequences
(sanctions) will follow:
Failing to submit to testing.
Submitting an adulterated sample.
Submitting the sample of another individual.
Diluting a sample.
Sup.R., Appx. I, Std. 8 (D).
Each veteran will allow and cooperate with home visits, community visits, treatment
visits, and employment/work-place visits by a Probation Officer, VJO Specialist and any
other designated Treatment Team Member or other designated representative of the VTC.
Each veteran will obey all city, state, and federal laws. If he or she takes part in any
criminal act, that veteran may be terminated from VTC. Each veteran will tell his or her
Mentor, Probation Officer, or member of the Treatment Team immediately if he or she
has any contact with law enforcement.
Each veteran will talk to his or her Mentor, VTC Coordinator, and Probation Officer
before making any changes in residence, e-mail address, phone number, or employment.
Each veteran understands that immediate consequences (sanctions) for his or her conduct
may be taken before the weekly staffing when that veteran:
Misses an appointment ordered by the VTC (unexcused absences).
Ignores instructions from treatment providers or VTC team members.
Tests positive for any non-prescribed drugs/alcohol.
Violates VTC orders or break the law.
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Violates any of the rules of the VTC Program or Probation.
Sup.R., Appx. I, Std. 8 (D).
Each veteran acknowledges, knows, and understands his or her constitutionally
guaranteed rights as stated below. Each veteran also acknowledges that the VTC Judge
has explained these rights and the waiver of these rights when he or she was accepted into
the VTC. Each veteran voluntarily waives these rights concerning the situations listed
below. This waiver of his or her rights will be a permanent waiver while in the VTC in
three situations: (1) the right to contest all drug/alcohol testing result, (2) the right against
unlawful search and seizures, and (3) the right to freely associate with others. Also, this
waiver applies to three other rights on a situation-by-situation basis, as follows: (1) the
right to an attorney to appear at Treatment Team meetings and at Status Review
Hearings, (2) the right to remain silent and the right not to incriminate oneself and (3) the
right to due process regarding a Status Review Hearing. All of these rights and waivers
are discussed in detail, as follows:
Waiving Each Veteran’s Right to Contest to Drug/Alcohol Testing Results. Each
veteran waives his or her right to challenge all drug/alcohol testing results at Treatment
Team meetings and Status Review Hearings. This is a permanent waiver while in VTC
and on Probation.
Waiving Each Veteran’s Right Against Unlawful Search and Seizure. Each veteran
waives his or her right against unlawful search and seizure, and each veteran consents to
searches of his or her person, residence, vehicle, and other property by the VTC
Treatment Team, Probation, and/or law enforcement. This is a permanent waiver while in
VTC and on Probation.
Waiving Each Veteran’s Right to Freely Associate with Others. Each veteran waives
his or her right to freely associate with others so that the VTC Judge may limit that
veteran’s right to associate with others because they are, or may be, interfering with or
29
placing at risk that veteran’s goal of successfully completing his or her treatment plan or
VTC. This is a permanent waiver while in VTC and On Probation.
Waiving Each Veteran’s Right to an Attorney who Fails to Appear at Treatment
Team Meetings and at Status Review Hearings and authorizing the Public Defender
to Represent that Veteran. Each veteran knows that he or she has the right to have that
veteran’s attorney present at a Treatment Teem meeting and at a Status Review Hearing
when his or her case is discussed. (If that veteran is represented by a public defender, that
attorney is a member of the Treatment Team and will be at each meeting and at a Status
Review Hearing.) If for any reason that veteran’s attorney does not appear at a Treatment
Team meeting or a Status Review Hearing, then that veteran waives his or her right to
have that attorney present for that occasion, and then authorizes the public defender
assigned to VTC to represent that veteran at the Treatment Team meeting and at a Status
Review Hearing. That public defender will be familiar with the case as a member of the
Treatment Team. This is a situation-by-situation waiver while in VTC and on Probation.
Sup.R., Appx. I, Std. 2 (C).
Waiving Each Veteran’s Right to Remain Silent and Not to Incriminate Oneself.
Each veteran has the right to remain silent and the right not to incriminate himself or
herself by speaking or writing about a matter that is, or may be, a violation of the VTC
rules or any laws. However, each veteran also knows that self-reporting all VTC rule
violations is a key part to the treatment program. By deciding to self-report any VTC rule
violations or self-report any other conduct that is a violation of law, that veteran is
waiving the right to remain silent and the right not to incriminate himself or herself. This
is a situation-by-situation waiver while in VTC and on Probation. Each veteran has the
right to discuss these issues with the VTC defense attorney, or that veteran’s private
attorney regarding these issues.
Waiving Each Veteran’s Right to Due Process Regarding the VTC Judge’s Decision
at a Status Review Hearing. After a Status Review Hearing, each veteran and his or her
attorney has the right to appeal or challenge the VTC Judge’s Order imposing
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consequences (sanctions) for his or her conduct discussed at this hearing. There is a
specific period of time to file an appeal. If that veteran decides not to appeal that Order,
then that veteran is waiving the right to appeal and will lose the right to appeal if it is not
timely filed. This is a situation-by-situation waiver while in VTC and on Probation. Each
veteran has the right to discuss these issues with a VTC defense attorney, or that
veteran’s private attorney regarding these issues.
Each veteran also understands that he or she will receive immediate and graduated
consequences (sanctions) for conduct as ordered by the VTC Judge if that veteran does
not follow the VTC rules. Each veteran knows that members of the VTC will be alerted if
there is a violation of the VTC rules or the treatment plan is not being followed.
Consequences (sanctions) may range depending on the seriousness of that veteran’s non-
compliance or rule violation. Consequences (sanctions) may include, but are not limited
to:
More frequent appearances before the VTC Judge at the Status Review Hearings.
More frequent appearances before the Probation Department.
Increased testing of breath, blood, or urine for drugs/alcohol.
Increased group and/or meeting attendance.
Comments by the VTC Judge at the Status Review Hearings.
Written reports.
Community Service Work.
One or multiple days seated in the courtroom.
Electronic Monitoring Unit (EMU).
Jail time.
Formal Probation violation.
Termination of VTC and possible return to regular Probation.
Termination of Diversion-Related Programs, the Journal Entry of guilt based on
the plea, and sentencing.
Ordered to serve time in jail or prison based on that veteran’s sentence.
Sup.R., Appx. I, Std. 10.
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Each veteran will dress and act appropriately when in the courtroom, and will be on time
for VTC.
Each veteran understands: (1) the VTC Judge has discretion to decide to terminate a
veteran for a violation of these rules or the Probation rules in accordance with written
criteria and the reasons for termination from the VTC as listed in the Handbook, (2) if
terminated, the VTC Judge may order a jail or prison sentence, (3) the VTC Judge may
order termination of any Diversion-Related Programs, (4) the VTC Judge may order a
return to the regular Probation, and (5) and/or other restrictions ordered by the VTC
Judge.
Sup.R., Appx. I, Std. 3 (B) and 6 (C).
Each veteran understands the steps necessary for successful completion from VTC as
stated in the Handbook. Each veteran knows that the benefits of successful completion
may include public recognition, reduction of fines and fees owed, suspension of jail days,
early termination of probation, and/or successful completion of any Diversion-Related
Program.
Each veteran must be supervised by the VTC UNTIL FURTHER ORDERED BY THIS
COURT.
Failure to comply with these rules, the Participation Agreement, the orders of the VTC
Judge, or the commission of a new criminal act will result in immediate and graduated
sanctions and may result in termination from the VTC program.
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Chapter 6
VTC PROGRAM PHASES and GRADUATION
Once accepted into VTC, each veteran will be scheduled to complete four phases of treatment,
lasting in total about 12 or, more likely, 18 months. These phases are: Orientation and
Compliance, Stabilization, Community Reintegration, and Maintenance. Advancement through
these phases will be based on performance and not on the amount of time in the program or each
specific phase. Each phase has treatment objectives, therapeutic and rehabilitative activities, and
specific requirements for advancement into the next phase. Each veteran’s progress through the
program is based upon his or her individual performance in the treatment plan and compliance
with the program phases. Each veteran’s progress and performance during each of the four
phases will be monitored by the Treatment Team. Each veteran’s attorney will provide that
veteran with an overview of the program before signing the Participation Agreement.
Sup.R., Appx. I, Std. 6 (D).
Phase 1: Orientation and Compliance
During Orientation, each veteran will be assigned a Probation Officer who will explain this
phase in detail. Each veteran’s needs will be assessed and addressed by the Treatment Team, and
his or her progress will be closely monitored by the Treatment Team and reported to the VTC
Judge at the Status Review Hearing.
Orientation Phase requirements may include:
Formal admission in the program – sign Participation Agreement and enter plea.
Introduction to Mentor.
Develop treatment plan and submit to the VTC Judge.
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Referral to VA or community treatment services for assessment to address substance use
and/or behavioral health needs.
Referral to the Legal Aid Society of Cleveland for assessment of civil legal issues, such
as housing, domestic and child support matters, veteran’s rights.
Regular and random drug testing.
Attend Status Review Hearing at least twice per month.
Attendance at groups and/or self-help meetings, if applicable.
Reporting to Probation Officer.
Identifying each veteran’s goals (may include housing, treatment services, education or
vocational training).
Phase 2 – Stabilization Phase
In Phase 2, each veteran will engage in intensive treatment. The VTC will monitor the treatment
plan each veteran has created with the assigned treatment providers. During this phase the
veteran has regular and consistent contact with the VTC Judge by attending all scheduled Status
Review Hearings. This is also the most intensive contact phase for a veteran’s Probation Officer,
Treatment Team, and treatment provider. During this phase, the Treatment Team and the Legal
Aid representative will assist the veteran for assessment of any civil legal issues such as housing,
domestic matters, veteran’s rights, and social security benefits.
Phase 2 requirements include:
Establish and maintain treatment attendance and participation.
Submit to all drug testing.
Attend all scheduled meeting with Probation Officer.
Regular contact with Mentor.
Attend all scheduled Status Review Hearings (at least once per month, but usually more
often).
Clean and sober recreation/fellowship.
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Identify goals related to employment, education, benefits, community service, and/or
healthy activities.
Consistent financial payments through probation for any costs and/or restitution.
Secure stable housing and benefits.
Abide by rules of the VTC, probation, and laws of Ohio.
Continue to plan for stabilization of symptoms, trauma, and/or substance use.
Additional Advancement Criteria: No Positive Urinalysis Test for at least 45 days prior to
advancement.
Phase 3 – Community Reintegration Phase
After a veteran remains stable for a period of time, other goals can be addressed. Phase 3 will
address each veteran’s ongoing recovery needs including maintaining abstinence from drugs, and
an emphasis on stable housing, ongoing relapse prevention, and vocational goals.
This phase is designed to support each veteran’s return to the community as a productive and
responsible member. Depending on the veteran’s progress, required appearances at Status
Review Hearings may be reduced.
Phase 3 requirements include:
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 at all scheduled VTC Status Review Hearings as directed by the VTC Judge (at
least one appearance per month).
Consistent financial payment to probation and other agencies as determined by the
treatment team.
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Maintain safe and stable housing.
Update treatment goals to reflect progress.
Additional Advancement Criteria: No Positive Urinalysis Test for at least 45 days prior to
advancement.
Phase 4 – Maintenance Phase
Phase 4 will help you successfully transition from a lifestyle within the VTC structure to a
lifestyle more representative of what each veteran will experience following graduation. Each
veteran is responsible for developing a plan for treatment and goals that include post-program
activities.
Phase 4 requirements include:
Continued counseling and treatment as directed.
Drug tests conducted on a random basis or as directed by the VTC Judge.
Maintain connection to self-help support if appropriate.
Report to 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 VTC for progress reviews an average of one time per month.
Continue established Mentor relationship.
Complete payments to satisfy probation or other VTC costs.
Preparation of graduation application.
Complete a plan for post-graduation treatment and support.
Additional Advancement Criteria: No Positive Urinalysis Test for at least 45 days prior to
Graduation.
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Graduation after completion of the 4 phases:
Each veteran must successfully complete the 4 phases of the VTC and be in the program for the
requisite minimum period of time to be eligible for graduation. Any exceptions to the
requirements must be approved by the VTC Judge after consultation with the Treatment Team.
Near the end of Phase 4, each veteran will complete a continuing-care or stabilization plan,
which outlines a plan to maintain sobriety and comply with behavioral and/or mental health
regimes after graduation from the VTC. The plan must be approved by the VTC Judge prior to
each veteran advancing to graduation. In Phase 4, each veteran will demonstrate compliance with
the plan and readiness for graduation. Veterans must be approved for graduation by the VTC
Judge.
When each veteran completes the program phases, the VTC will honor that achievement at a
graduation ceremony. This is an opportunity for all of the veterans to be recognized for their
achievements and for the veterans to acknowledge their families and loved ones.
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Chapter 7
REWARDS (INCENTIVES) AND
CONSEQUENCES (SANCTIONS)
The VTC Judge, after consulting with the Treatment Team, will provide immediate, graduated,
and individualized rewards (incentives) for a veteran’s positive conduct. Likewise, the VTC
Judge will impose immediate, graduated, and individualized consequences (sanctions) for a
veteran’s negative conduct.
Rewards (Incentives)
Sup.R., Appx. I Std. 10, pp. 36, 37.
Rewards (incentives) are for veterans that achieve positive results or reach milestones in their
treatment plan or other aspect of the VTC program. Rewards (incentives) are also tracked to
ensure that each veteran is rewarded on an overall positive and progressive basis.
The following are types of conduct that may be rewarded:
Attending required court appearances.
Attending required treatment appointments.
Maintaining close and productive contact with case management.
Reaching individual treatment objectives.
Abstaining from alcohol and drugs, as evidenced by negative alcohol and drug screens.
Securing stable housing.
Accomplishing milestones identified by the Treatment Team .
Medication compliance.
38
Payment of court fines, costs and restitution.
Providing support and encouragement to other veterans.
The following are examples of rewards (incentives) that may
be utilized by the program:
Encouragement and praise from the VTC Judge.
Advancement through the Phase System.
Less frequent VTC appearances.
Being called earlier in the VTC docket.
Having extended time to talk with the VTC Judge.
Reducing fines and fees.
Increasing or expanding privileges.
Award of phase-advancement coin.
Encouragement to increase positive activities that are enjoyable to the veteran.
Gifts or inspirational items.
Assistance with purchasing clothes and/or household items.
Gifts of small personal care items, hobby or pet supplies.
Dismissing criminal charges or reducing the term of probation.
Reducing or suspending jail, prison, or detention days.
Graduating from the VTC Docket.
39
Consequences (Sanctions)
Sup.R., Appx. I Std. 6 (E), pp. 37-39, and Std.10, pp. 37-39.
Immediate, graduated, and individualized consequences (sanctions) will govern the VTC Judge’s
responses when a veteran’s conduct violates a VTC rule. The goal of graduated consequences
(sanctions) is to help each veteran improve his or her conduct or behavior so that it complies
with the VTC rules. Consequences (sanctions) are crafted in an individualized, creative, and
progressive manner based on the nature of the VTC rule violation. Consequences (sanctions) are
issued when there is noncompliance with program protocol, probation rules, or the treatment
plan. Consequences (sanctions) are designed to deter negative behavior encourage future
compliance.
Consequences (sanctions) may include: (1) increased treatment and/or community self-help
involvement, (2) an adjustment in treatment services, (3) participation in community-based
mutual support meetings, and (4) termination from the VTC program as stated in detail in
Chapter 8. All of the consequences (sanctions) are to be based solely on the clinical methods
designed to help each veteran or address that veteran’s conduct. Consequences (sanctions)
related to positive drug/alcohol tests shall be documented, reported, and consistently enforced
and reinforced by the VTC Judge.
The following serves as a guide to the Treatment Team of the continuum of consequences
(sanctions). The goal is to match the violation with an appropriate level of consequence
(sanction). The Treatment Team tracks each violation so that additional consequences (sanctions)
will be applied in a graduated manner.
The following are common types of conduct that may result
in the use of consequences (sanctions):
Failure to attend VTC appearances and/or treatment appointments.
Failure to follow VTC rules
Failure to follow the prescribed medicine regimen.
40
Failure to keep scheduled appointments with the Probation Officer, case manager, or any
other Treatment Team member.
Noncompliance with any other requirements of the treatment plan.
Noncompliance with random drug/alcohol testing or testing positive for drug/alcohol.
Failure to improve troublesome behaviors.
Failure to meet employment or vocational goals as determined by the Treatment Team.
Failure to keep other appointments as scheduled, such as those for public benefit aid,
health care benefits, housing assistance, social security, etc.
A new criminal conviction.
The following are examples of consequences (sanctions) that
may be utilized by the program:
Warning and admonishments from the VTC Judge.
Appearing later on the docket.
Demotion to an earlier VTC phase.
More frequent drug/alcohol testing.
More frequent VTC appearances.
Refusing specific requests, such as permission to travel.
Denying additional or expanded privileges or rescinding privileges previously granted.
Increasing supervision contacts and monitoring.
Writing essays, reading books, or performing other activities to reflect upon unacceptable
behavior.
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Imposition of suspended fines and costs.
Requiring community service or work programs.
Entering into a Behavioral Contract.
Electronic Monitoring Unit.
Escalating periods of jail, house arrest, or out-of-home placement.
Filing of probation violation.
Termination from the VTC Docket.
42
Chapter 8
PROGRAM COMPLETION AND TERMINATION
This chapter explains the criteria for a successful completion of the VTC for each veteran, and
the criteria for an unsuccessful completion (termination) of the VTC program for each veteran.
Criteria for Successful Completion
Sup.R., Appx. I, Std. 3 (A), pp. 40, 41.
Based on each veteran’s conduct, the Treatment Team makes a recommendation to the VTC
Judge, who then decides when each veteran advances through the 4 phases, and when each
veteran is eligible to graduate. The Treatment Team assesses each veteran for successful
completion based on the benchmarks agreed upon by the Advisory Committee and stated in this
Handbook.
Conduct Leading to Completion of the VTC program
includes:
Completed community service hours.
Demonstrated period of abstinence from alcohol and drugs, evidenced by negative
drug/alcohol tests for a substantial period of time prior to graduation.
Demonstrated compliance with mental health treatment including psychiatric
appointments and medication compliance.
Improved symptom identification and management.
A displayed change in thinking, attitude, and beliefs.
43
Maintained consistent employment.
Demonstrated ability to identify and eliminate criminal thinking patterns.
Paid in full fines, court costs, restitution, and treatment costs. If the defendant is indigent,
a repayment schedule, on which regular payments are made.
Identification and completion of a treatment plan to continue after program completion.
Stable housing.
If the defendant is capable, a stable job.
No new criminal charges or convictions.
Sup.R., Appx. I Std. 3 (A), pp. 40, 41.
Accomplishments may include:
Demonstrated abstinence from alcohol and drugs, as evidenced by negative drug screens.
Completion of treatment.
Relapse prevention plan established.
Completed VTC requirements.
Completed vocational and/or educational plan.
Paid in full restitution, fines, and court costs.
Displayed responsibility for behavior.
Demonstrated stability in the community.
44
Policies and procedures for determining when a veteran has
successfully completed the program:
A veteran may be nominated for graduation by any Treatment Team member.
The Treatment Team will discuss progress in the program, time in the program, and
stability in the community in determining completion (the VTC Judge, in his or her
discretion, will make the ultimate decision, however ).
Upon judicial decision that the veteran is ready for graduation, an after-care plan will be
put into place and accepted by the court. The veteran will have the option to retain case
management, psychiatric, substance-abuse, and other supportive services outside of the
Court through the VA or other treatment providers.
The underlying case will be disposed of (or dismissed if Intervention in Lieu / Probation
terminated).
The veteran will participate in a final public graduation ceremony and will be presented
with a final coin and certificate of completion.
Criteria for Termination
There are two types of termination classifications used by the VTC: unsuccessful
discharge and neutral discharge. These criteria were developed, reviewed, and agreed
upon by the Advisory Committee to the VTC. The written legal and clinical eligibility
and termination criteria do not create a right to participation in the VTC.
The VTC Judge ultimately decides issues concerning termination and classification of
termination in accordance with written termination criteria. The Treatment Team will
45
advise the VTC Judge on these decisions.
Sup.R., Appx. I, Std. 10, pp. 54-56.
Termination Classifications
VTC has two types of termination classifications: (1) unsuccessful discharge and (2)
neutral discharge. The VTC Judge makes the decision on the type of termination
classification based on the factors listed below. The Treatment Team advises the VTC
Judge on these decisions.
If a veteran has been sentenced and then is terminated from the VTC, or voluntarily
withdraws from the VTC, then the VTC Judge may: (a) order that veteran to remain on
probation, but not in the VTC, or (b) order any consequence (sanction) permitted by law
based on the situation presented to the Judge, including ordering a jail or prison sentence
depending on the circumstances.
If a veteran is in a Diversion Related Program and is terminated from the VTC or
voluntarily withdraws, then the VTC Judge will enter the guilty plea and then will
sentence that veteran based on the plea.
Sup.R., Appx. I Std. 3(A), 6 (E), pp. 41-43.
Unsuccessful Discharge Criteria:
Ongoing noncompliance with treatment or resistance to treatment plan.
New serious criminal conviction.
A serious Probation violation or series of Probation violations.
46
A serious infraction of the VTC rules or a Behavioral contract.
Result of Unsuccessful Discharge:
Loss of future eligibility for the VTC.
Further legal action, including revocation of Diversion Related Programs, motion for
probable cause, or Probation violation.
Depending on the circumstances, each veteran may be subject to jail, prison, or other
penalties.
Should the veteran remain on Probation, the veteran will be transferred to the regular
criminal docket of the VTC Judge, assigned a new Probation Officer and continue under
the terms of Probation.
An unsuccessful discharge from the VTC shall not mean a discharge from appropriate
mental health, substance abuse, or other programming available to a qualified veteran.
Discharge shall have no effect on access to VA services.
Neutral Discharge Criteria:
A serious medical condition resulting in the inability to participate in program
requirements.
Serious mental health condition resulting in the inability to participate in program
requirements.
Death of the veteran.
47
Choice to voluntarily withdrawal from the program prior to completion of a plea and
signing of the VTC Agreement.
Other factors that may keep the veteran from meeting the requirements for successful
completion.
Result of Neutral Discharge:
Each veteran is returned to the regular criminal docket of the VTC Judge for regular case
processing.
Each veteran has the right to request new attorney, if her or she desires to do so.
Should the veteran wish to be re-admitted to the VTC in the future, the Treatment Team
and VTC Judge shall review the veteran’s file. The VTC Judge will make the ultimate
decision.
48
Chapter 9
MONITORING OF SUBSTANCE USE
Sup.R., Appx. I, Std. 8 and Std. 8 (B), (C), (D).
All veterans in the VTC shall, upon plea and placement on Probation, be required to submit to
drug testing. Cuyahoga County uses frequent, random, and observed alcohol and drug testing
policies. The Cuyahoga County Probation Department utilizes a lab located at the Marion
Building where participants report to case management and Probation Officer meetings to test
individuals. The laboratory is conveniently located in the basement of the building. Both
collections and testing is done in the lab with the immediate results available to VTC staff.
If participants are given an instant test during a home visit or at court, this specimen will be
given to Cuyahoga County Laboratory for confirmation. If a participant wants to contest a test,
payment will be issued for the further analysis of any samples. Payments will be made through
the Cuyahoga County Probation Department. Sanctions will not be imposed until further
confirmation is completed.
Cuyahoga County Laboratory has written policies and procedures established for sample
collection, sample analysis, and result reporting. The laboratory addresses all elements that
contribute to the reliability and validity of the Cuyahoga County VTC testing policies.
Individualized alcohol and drug testing procedures for all participants are imposed.
For some veterans, regular substance-abuse monitoring through Probation may be modified to
account for homelessness, transportation, or mental health conditions. Drug testing plans are to
be individualized and sufficient to test for the veteran’s primary substance of dependence and a
sufficient range of other substances.
Drug tests will be administered, collected, and reported as follows:
49
Each veteran will be placed on drug screens as administered by the Probation
Department. The Treatment Team, in consultation with Cuyahoga County Probation
and/or TASC, will modify drug testing to increase, decrease, or change the frequency in
accordance with each individual’s needs.
All testing will be random, frequent, and observed for the VTC.
Sup.R., Appx. I, Std. 8 (B).
Cuyahoga County Probation and/or TASC will be responsible for reporting test results at
Treatment Team meetings. The date of the test and the results will be provided to the
VTC Coordinator and Judge in a written format.
A positive drug screen at admission, or reported drug use or relapse, will result in a
clearly established plan that includes treatment guidelines and sanctions, when
appropriate, that are enforced and reinforced by the VTC Judge.
Sup.R., Appx. I, Std. 8 (C).
The Court will be immediately notified of a positive or missed drug screen or the
submission of an adulterated sample, diluted sample, or sample of another. All of these
results will be treated as positive tests and trigger immediate sanctions.
Sup.R., Appx. I, Std. 8 (D).
Testing results will be maintained in the veteran’s file by the Judge and VTC Coordinator
as well as in court computer CCJIS.
In addition to drug testing through Cuyahoga County Probation and/or TASC, the veteran
may be ordered to provide drug testing through the VA or other service provider. These
agencies will report results immediately to the Treatment Team or a member.
Should a veteran produce a positive drug screen and the veteran contests the result, the
Court will order an immediate screen through Probation. No sanction will be enforced
50
until the result of the drug test is confirmed. False positives do occur, and it is best to
verify the results of the test before punishing the veteran. Any further testing is done to
verify the results of the first test, not to provide the veteran with the opportunity to
provide a second sample. Should further testing show that the veteran’s drug screen test
is positive, the veteran will be subject to a more severe sanction for deception as well as
substance abuse. Explain to indigent veteran that court costs and supervision fees can be
satisfied by community work service and that court costs are not charges while the
veteran is compliant. Payment plans will also be explained to the veteran. Restitution
cannot be satisfied by community work service.
The Probation Officer shall be responsible for explaining the process, place, and responsibilities
of drug testing. Each veteran is responsible for traveling to the testing location during the hours
indicated, and the sample must be produced within the timeframe provided by the testing site.
The results of drug testing will be shared with the Treatment Team.
The Treatment Team shall create a clearly established plan for addressing a veteran who tests
positive at intake or who relapses. The plan shall include treatment guidelines and sanctions,
when appropriate, that are enforced and reinforced by the VTC Judge.
51
Substance Abuse Monitoring Contract
I, ___________________________________ understand that I will be tested for the presence of
drugs in my system on a random basis according to procedures established by the Veterans
Treatment Court Team and/or my treatment provider.
I understand that I will be assigned a color by the Veterans Treatment Court Probation Officer,
and that this color will determine whether or not it is my day to report for testing.
I understand that it is my responsibility to call the designated number provided by the Veterans
Treatment Court Probation Officer every morning, Monday-Friday, to learn if my color has been
selected for testing.
I understand that I must call this number after 7:30am, but no later than 3:00pm, to determine my
reporting status. If my color has been selected, I must report directly to the lab within posted lab
hours for that day (see hours below).
I understand that it is my responsibility to report to the assigned location at the time given for the
test.
I understand that if I am late for a test, or miss a test, it will be considered a positive test for
drugs/alcohol and that I may be sanctioned.
I understand that if I fail to produce a urine specimen, or if the sample provided is not of
sufficient quantity, it will be considered a positive test for drugs/alcohol and that I may be
sanctioned.
I understand that that if I produce a diluted urine sample, it will be considered a positive test for
drugs/alcohol and that I may be sanctioned.
I have been informed that the ingestion of excessive amounts of fluids can result in a diluted
urine sample, and I understand that my urine sample will be tested to ensure the sample is not
diluted.
52
I understand that substituting or altering my specimen, or trying in any way to modify my body
fluids for the purposes of changing the drug testing results, will be considered a positive test for
drugs/alcohol, will result in sanctioning, and may be grounds for immediate termination from
Veterans Treatment Court.
Participant Signature ____________________________________________ Date: __________
Probation Officer Signature ________________________________________ Date: _________
Lab Hours
1276 W. 3rd
Street
Cleveland, OH 44113
Monday-Thursday 7:30am-6:15pm
Friday 7:30am-12:30pm / 1:45pm-3:15pm
Phone number to call ____________________________________
53
TREATMENT TEAM CONTACT INFORMATION
Michael E. Jackson, Judge
Cuyahoga County Common Pleas Court
216-443-8733
Amanda Wozniak
VTC Program Coordinator
216-443-8484
Fabyen Robinson
Cuyahoga County Probation Officer
216-443-8089
Stephanie Gilliams
Cuyahoga County Probation Officer
216-698-2238
Victoria Marion
Veteran Justice Outreach Specialist, VA
216-694-0038
Jennifer Opra
TASC Case Manager
216-443-5636
Francis Arinze, Attorney,
Public Defender’s Office
216-0 216-443-3095
Mike Lisk
Prosecutor’s Office
216-443-7800
Glen Ramdhan
Prosecutor’s Office
216-443-7800
54
Jon Reiss. Exec. Dir., Cuyahoga
County Veterans Service Commission
216-698-2611
Deborah Williams
Veterans Outreach Program Specialist,
Vet Center
216-707-7901
ADOPTED RULE BY COMMON PLEAS COURT ON 1/21/15; WILL BE SENT FOR PUBLICATION AND COMMENT
1
Cuyahoga County Common Pleas Court Local Rules
30.3. Assignment of Criminal Cases to Veterans Treatment Court Docket
(A) Purpose. The Veterans Treatment Court is established for defendants presently serving on active
duty in the military, the Reserves, and the National Guard, or for veterans who served in the
United States Armed Forces. Hereafter, defendant(s) refers to such individuals. The Veterans
Treatment Court is committed to providing community services that seek to develop self-
sufficiency, reduce recidivism, promote public safety, and provide alternatives to incarceration.
To accomplish these purposes, the Veterans Treatment Court will utilize the shared military
experience of other veterans to assist these defendants. The Veterans Treatment Court will work
closely with the Veterans Administration (VA) and other agencies to accomplish these purposes.
(B) Appointment of Judge(s) to Preside Over Veterans Treatment Court. The Administrative Judge
will select a Common Pleas Court, General Division Judge(s) to preside over the Veterans
Treatment Court docket. The Judge(s) will serve for a period of three years from the date of
appointment. Upon approval of the Administrative Judge, the Judge(s) may be reappointed to
successive terms. Any Common Pleas Court, General Division Judge who desires to preside
over the Veterans Treatment Court docket may submit his or her name to the Administrative
Judge for consideration.
(C) Eligibility. A defendant is eligible for transfer to the Veterans Treatment Court when charged
with a felony described in paragraph (D), provided the defendant presents evidence of military
service with military form, DD-214. A defendant’s discharge status does not necessarily affect
eligibility. A defendant with a bad conduct or a dishonorable discharge, or a defendant with a
ADOPTED RULE BY COMMON PLEAS COURT ON 1/21/15; WILL BE SENT FOR PUBLICATION AND COMMENT
2
discharge of other than honorable conditions from the National Guard must present compelling
circumstances to warrant acceptance by the Veterans Treatment Court Judge.
(D) Permitted Felonies. Any felony offense for which a defendant may receive a sentence of
community control sanctions (CCS) makes that defendant eligible to transfer to the Veterans
Treatment Court, subject to the approval of the Veterans Treatment Court Judge. A defendant
who receives a sentence of CCS for a sexually-oriented offense or a gang-related offense, or who
has a criminal record of such crimes, must present compelling circumstances to warrant
acceptance by the Veterans Treatment Court Judge. At any point after arraignment, a defendant
may be referred to the Veterans Treatment Court, but when a defendant is convicted of or pleads
to a felony of the first or second degree, or of the third degree that is subject to high tier
sentencing under R.C. 2929.14(A)(3), the assigned Judge shall sentence the defendant before
transfer to the Veterans Treatment Court.
(E) Additional Participation Factors.
(1) Diversion-Related Cases and Re-Entry Cases: A defendant who qualifies for diversion,
intervention in lieu, early intervention program (collectively, diversion-related programs), or
judicial release including this Court’s re-entry program is also eligible for the Veterans
Treatment Court, subject to approval by the Veterans Treatment Court Judge. A plea involving a
diversion-related program must be entered by the assigned Judge before transfer to the Veterans
Treatment Court.
(2) Targeted Risk Level: Priority acceptance to the Veterans Treatment Court will be given to:
(a) the defendant with a high risk/high need assessment, or (b) the defendant with a demonstrated
ADOPTED RULE BY COMMON PLEAS COURT ON 1/21/15; WILL BE SENT FOR PUBLICATION AND COMMENT
3
trauma-related circumstance or injury whether or not service connected, such as post-traumatic
stress disorder, traumatic brain injury, or military sexual trauma.
(3) Service-Connected Condition Not Required: Eligibility to participate in the Veterans
Treatment Court is not limited to a defendant who has a service-connected injury or disability.
(4) VA Benefits Not Required: For a defendant eligible for VA medical benefits, that defendant
will utilize those benefits for CCS treatment programs. For a defendant not eligible for VA
medical benefits, that defendant may be eligible for community treatment programs available to
individuals on CCS. Supplemental benefits provided by the Cuyahoga County Veterans Service
Commission that are not provided by the VA or other community agencies may be available to
an eligible defendant as determined by such agency.
(F) Procedure for Admission. A defendant must enter into a Participation Agreement with the
Veterans Treatment Court; must undergo a clinical and administrative assessment to determine
eligibility; and must be approved by the Veterans Treatment Court Judge.
(G) Effective of Transfer. When a case is transferred to the Veterans Treatment Court, the Veterans
Treatment Court Judge shall acquire full jurisdiction over that transferred case. If a defendant is
found ineligible or is not approved for Veterans Treatment Court, the transfer shall not be
completed and the case shall be returned to the docket of the original assigned Judge.
(H) Sanctions and Termination. A defendant may be sanctioned to the extent permitted by law for
CCS violations, including termination from the Veterans Treatment Court for violations stated in
the Participant’s Handbook and the Participation Agreement. The Veterans Treatment Court
Judge retains jurisdiction over the defendant to determine the appropriate sanction.
CUYAHOGA COUNTY COURT OF COMMON PLEAS
VETERANS TREATMENT COURT
PO Weekly Progress Report
Name: DOB: Social Security # : Address:
Phone:
DD214: Yes No SCC/NSCD: Yes
No Date Entered VTSD:
VA Medical Eligible: Yes No Branch of Service: Era of Service:
Court Case Number(s):
Probation End Date: Number of Deployments (if any): 0
Assessment(s)
Type of Assessment: _____________________________________ Date Completed: ______________
Assessment Recommendation: ______________________ Date Completed: ______________
Court Condition(s)
MH Diagnosis:
Trauma History:
Medication(s)
Sobriety Date:
Treatment Compliance:
Drug Screen Result(s)
Date of Test Results Date of Test Results
Electronic Monitoring Unit
GPS and/or TAD Start Date with Device(s) Assigned EMU PO
CUYAHOGA COUNTY COURT OF COMMON PLEAS
VETERANS TREATMENT COURT
PO Weekly Progress Report
Fines, Fees & Restitution Costs
Type Currently Owes How Many Non-
Compliance Hearings?
Total to be Paid by Recognition
Ceremony Fines
Costs
Restitution (cannot be waived)
Entered Phase I Date: Note:
Entered Phase II Date: Note:
Entered Phase III Date: Note:
Graduated Program Date: Note:
Long Term Goal:
Short Term Goals/Objective Date Established Projected
Completion Date
Date Achieved
Intervention/Action Responsible Person(s)
Review Date Progress
Sanctions/Rewards Given Reason Action Taken Date Given Date Completed
CUYAHOGA COUNTY COURT OF COMMON PLEAS
VETERANS TREATMENT COURT
PO Weekly Progress Report
Summary of Treatment/Compliance:
CC Veterans Treatment Court Docket High Risk High Needs Track
1st and 3rd Thursday's of Every Month MRHN Docket
CASE NO NAME Photo BRANCH PHASE TRACK VA or TASC ELIGIBLE
DIAGNOSIS MENTOR
July 10th, 2017 at 2:00pm
CASE NO NAME Photo BRANCH
PHASE
TRACK VA or TASC
ELIGIBLE
DIAGNOSIS MENTOR
1. CR321456 (B)
COMPLIANT
**Action note. Example: Phase up to
3 today.
John Doe (Attorney
Name)
HR/HN #of PVs: __0__
Marines
3 Community Control
VA COCAINE USE DIS.,
MOD.; ALCOHOL USE
DIS., MILD;
DEPRESSION;
ANXIETY
John Doe
2.
Tx Plan:
Tx Plan:
CC Vet Treatment Meeting
VA and TASC Case Management Updates
Name: ____________________________ Defense Attorney: ____________________
Branch: ___________________________ Contact # ____________________________
VTC Admission Date ________________ Phase _______________________________
Criminal Charge _____________________ Mentor ______________________________
SUD & MH
Treatment
Location Date Admitted Date Discharge Successfully
Complete (Y/N)
Med Compliance
(prescriptions)
SUD Residential
Treatment
SUD IOP
SUD NIOP
SUD AfterCare/CC
SUD Other
MH Treatment Psych
MH Trauma
MH Individual
Counseling
MH Other
SUD Assessment
Date
Primary
Diagnosis
Secondary
Diagnosis
Additional
Diagnosis
Updated/Re-
Assessment Date
SUD Diagnoses
Mental Health
Diagnosis
SUD Date Comments Comments
Clean Time
Drug Screen Results
Additional
Location Date referred Date used Comments
Housing
Vocational
Employment
Upcoming
Appointment(s)
Social Security
SC NSC
Location Date
Referred
Date used Comments
Housing 1
Housing 2
Housing 3
Housing 4
SUD1
SUD2
SUD3
SUD4
Mental Health1
Mental Health2
Mental Health3
Mental Health4
Employment1
Employment2
Employment3
Employment4
Upcoming Appointment(s)
Social Security
SC NSC