New court to handle misdemeanor cases of veterans

By Howard Altman | Tribune Staff Published: August 13, 2013

Starting Oct. 1, honorably discharged veterans charged with certain misdemeanors in Hillsborough County will be able to have their cases heard in a specialized court that will take into account the unique needs of those who have served.

The Misdemeanor Veterans Treatment Court will focus on honorably discharged veterans suffering from military service-related mental illness, traumatic brain injury, substance abuse or other disorders, according to the order creating the new court. They must be accused of misdemeanor, county and municipal ordinance violations like making false 911 calls, disorderly intoxication, possession of cannabis, or panhandling. And they must be eligible for evaluation and treatment services through the Veterans Administration.

Veterans who meet those criteria will enter a court that offers treatment for their underlying issues if they volunteer to take part.

Once transferred to Veterans Court, defendants will be required to attend court hearings and participate in ongoing assessment and treatment.

If the court determines a veteran has successfully completed the program, the court will dismiss the charges. However, if the court finds that the veteran is not living up to its requirements, the case can be sent back to the original court. Being arrested again while in Veterans Court is one of the things that would prompt a review, according to the order signed Monday by Chief Judge Manuel Menendez Jr.

The new court, which will be known as County Criminal Division V, will be headed up by the judge who began pushing for the court more than two years ago.

Judge Richard Weis, a lieutenant colonel in the Army Reserves, saw that many veterans suffering from service-related mental illness, traumatic brain injury and post traumatic stress disorder were being charged repeatedly with misdemeanors.

The Veterans Court is not designed to provide preferential treatment to veterans, said Weis, who has run a pilot version of the program in his courtroom for more than a year with great success, according to Menendez. A defendant in Veterans Court would answer to and face the consequences of the charged offense. Rather, the specialty court is intended to guide the veteran into existing Veterans Administration and community programs and treatment resources to habilitate the veteran and preclude further justice system involvement.

Weis said the Veterans Court will include pretrial intervention programs, treatment-based programs, post-adjudicatory programs and status hearings to monitor the status and compliance of the veteran. The treatment and counseling programs which will be tailored to the individual veteran and will generally be provided through the Veterans Administration may include substance abuse treatment, mental health treatment, and any other medical or psychological treatment and counseling as directed by the court, he said.

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New court to handle misdemeanor cases of veterans