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SEBASTLAN
HOME OF PELICAN ISLAND
VETERANS ADVISORY COMMITTEE
MINUTES
MONDAY, APRIL 2, 2018, 3:00 PM
CITY COUNCIL CHAMBERS
1225 MAIN ST, SEBASTIAN, FL
1. Chairman John Haskins called the Veterans Advisory Committee meeting to
order at 3:01 pm.
2. The Pledge of Allegiance was recited.
3. Present
John Haskins, Commander of the VFW
Russ Pacowski, Commander of the American Legion
Andrea Coy, Member of the VFW Ladies Auxiliary
Barney Giordan, Member of the American Legion
Butch Dawson, Alternate Member of the VFW
Excused
Neil Baumgartner, Member of the VFW
Absent
Jerry Liucci, Alternate Member of the American Legion
Also Present
Randy Moyer, Procurement Manager
Margarita Hernandez, Parks Administrator
Cathy Testa, Recording Secretary
4. APPROVAL OF MINUTES
MOTION by Ms. Coy and a SECOND by Mr. Dawson to approve the February 5, 2018
minutes passed with unanimous voice vote.
5. OLD BUSINESS
Mr. Moyer introduced himself to the committee. He informed the Committee the Lions
Club handed the 4t" of July Parade over to the city. Mr. Moyer suggested the
Committee provide names for who they would like to have as the Grand Marshal and
then have a vote. Chairman Haskins agreed that the Committee should select the
Grand Marshal and that person should be a veteran. Ms. Coy said she has been
involved with the parade for the past 14 years and she has been the only Veteran
Grand Marshal. Ms. Coy would like the Committee to help the city by having the Hold
Veterans Advisory Committee Page 2
Meeting of April 2, 2018
Harmless documents signed ahead of time. She would like to the Committee to be in
charge of the parade line up or if the city chases someone to do it she wants to make
sure they have the Order of Parade approved by the Committee. Mr. Moyer said that
he will make sure that happens. Another request made by Ms. Coy is to have a golf
cart placed before the Honor Guard that has a recorded message reminding parade
watchers of flag etiquette. Mr. Moyer said he will have a recorded message made and
bring it to the next meeting for Committee approval. Mr. Giordan suggested a little
article in the Hometown News as a reminder would help. Mr. Moyer said he would look
into the newspaper article and he will have the information posted in City Hall and also
on channel 25.
6. PUBLIC INPUT - None
7. NEW BUSINESS
Mr. Moyer talked about the relationship between the VFW, American Legion and the
City. He provided a handout to each of the members. (see attached) He offered the
Committee to add their thoughts and suggestions and then have a discussion.
Chairman Haskins said communication between the organizations and the City have
improved. Mr. Moyer suggested having an agreement on how the organizations and
the city will work together.
Mr. Moyer explained the Veteran's Resource Guide that he received and handed out
to the committee. (See attached) He said it's a good information guide for Veteran's.
8. MEMBERS MATTERS
Ms. Coy said she read through the Ceremonial Rifles Ammunition & Military
Equipment Conditional Donations procedures manual and is happy to report that they
made it through step one. She read a letter that she received from the VFW
headquarters approving their request for a piece of equipment. The next step is an
application process with a list of equipment that is available. Chairman Haskins said it
would show so much respect to our Veteran's to have a piece of equipment in our city.
Mr. Giordan brought the Committee up to date on the Veteran's in the classroom
program. Brochures have been sent out to all of the schools. The exchange club in
Vero Beach is preparing a presentation to honoring the program. He said this
program was initiated in the Sebastian Elementary and Middle schools, which is
something to be proud of.
Chairman Haskins announced the VFW's scholarship program. Each year a High
School Student is given $3000 scholarship for their grades which must be 3.5 or
better. This year's winner is Allisha Wiles.
Veterans Advisory Committee Page 3
Meeting of April 2, 2018
Mr. Pacowski asked about the Memorial Day ceremony. He said this is his first year
being responsible for the ceremony. Chairman Haskins said he would be glad to help
guide Mr. Pacowski though the process. Ms. Coy explained that the originations work
together but they take turns each year sponsoring the ceremony. This year the
American Legion is sponsoring and is responsible for meeting with the city, assigning
the guest speakers and creating the programs.
Ms. Coy announced that she is unable to attend the Veteran's Day Ceremony unless
the American Legion changes the date. Mr. Pacowski said he would like the
Ceremony to be on Sunday at 1 pm after church. He will present the idea to the other
members and let the city know their decision. Mr. Moyer mentioned that if the
ceremony is on Sunday the churches will often encourage their congregation to attend
and support the Veteran's.
Mr. Moyer thanked the committee for welcoming him. Chairman Haskins invited Mr.
Moyer to attend a meeting so he can introduce him to the members.
9. ADJOURN
With no further matters Chairman Haskins adjourned the meeting at 3:57pm.
By': Chairmar(John Haskins Date
Relationship between the VFW, American Legion and the City.
1. Provide a venue for open communication between veteran leadership, veteran citizens and the
citizens of Sebastian to express any concerns, requests or needs.
2. The City should make reasonable accommodations to the veterans in our community balanced
with the fiduciary responsibility to the citizens of Sebastian.
3. Support any reasonable request for city services for veteran events and memorials (i.e. facilities,
employee overtime, etc).
4. Aid or assist with facility compliance to any CRA resolutions.
Notes:
Prepared by the Florida
Supreme Court Task Force on
Substance Abuse and Mental
Health Issues in the Courts
June 2014
The Office of the State Courts
Administrator/Office-of Court
Improvement -
Supreme Court Building
500 South Duval -Street
Tallahassee, Florida 32399
Updated June 13, 2014
Veterans Resource Guidefor the Florida State Court System
Table of Contents
Acknowledgements....................................................................................................................................... 3
JUDICIAL BENCH GUIDE.........................................................................................................................5
WHAT, WHO, WHEN, and WHY?............................................................................................................. 7
INTRODUCTION........................................................................................................................................ 9
WHY ARE VETERANS UNIQUE?......................................................... ..10
...............................................
IDENTIFYING A VETERAN....................................................................................................................12
VETERANSCOURT................................................................................................
PeerMentors...........................................................................................................................................14
Florida's Veteran Courts.........................................................................................................................14
Florida's.Vetemns Court Locations.........................................................................................................16
JusticeFor Vets.......................................................................................................................................17
Office of the State Courts Administrator(OSCA)..................................................................................17
Fundingand Training..............................................................................................................................17
JUSTICE-NVOLVED VETERAN PROGRAMS....................................................................................18
Veterans Justice Outreach (VJO) Initiative............................................................................................18
Health Care For Re -Entry Veterans Program(HCRV)........ :....................................................................
19
VetCenter Program................................................................................................................................19
VETERANSBENEFITS............................................................................................................................
20
GeneralEligibility...................................................................................................................................20
FederalBenefits......................................................................................................................................
20
Stateand Local Benefits ..........................................................................................................................
21
AppealsProcess......................................................................................................................................
21
Veterans and Military Service Organizations.........................................................................................
21
MENTALHEALTH...................................................................................................................................22
Post -Traumatic Stress Disorder(PTSD).................................................................................................23
Suicide....................................................................................................................................................
24
Depression...............................................................................................................................................
25
Other Mental Health Disorders...............................................................................................................
25
PHYSICALHEALTH................................................................................................................................
25
Traumatic Brain Injury (TBI).................................................................................................................
25
Veterans Resource Guide for the Florida State Cortrt System
SUBSTANCEABUSE...............................................................................................................................
26
MILITARY SEXUAL TRAUMA..............................................................................................................27
DOMESTICVIOLENCE...........................................................................................................................
27
HOMELESSNESS......................................................................................................................................
28
APPENDIXI..............................................................................................................................................30
The Ten Key Components of Veterans Treatment Court.......................................................................
30
APPENDIXII......................................................................................................................... .......32
Veterans Court Sample Benefits Eligibility Questionnaire....................................................................32
APPENDIXIII..................................................................................................................................33
Veterans Court Eligibility Criteria..........................................................................................................33
APPENDIXIV............................................................................................................................................35
The T. Patt Maney Veterans' Treatment Intervention Act.....................................................................
35
APPENDIXV.............................................................................................................................................
39
ContactInformation................................................................................................................................
39
HealthConditions...................................................................................................................................
39
AdditionalResources..............................................................................................................................
40
2
Veterans Resource Guidefor the Florida State Court System
Acknowledgements
Supreme Court of Florida Task Force on Substance Abuse and Mental Health
Issues in the Courts Membership
The Honorable Steven Leifman, Chair
County Court Judge
Miami -Dade County
Philip Archer
State Attomey
Eighteenth Judicial Circuit
Dean Aufderheide
Director, Mental Health Services
Florida Department of Corrections
Mark Fontaine
Executive Director
Florida Alcohol and Drug Abuse Association
The Honorable T. Patterson "Patt" Maney
County Court Judge, Okaloosa County
Courthouse Annex
The Honorable Melanie May
Appellate Court Judge
Fourth District Court of Appeal
Colonel Thomas Bowman Sandra McQueen -Baker
Retired Senior Advisor to the Administrator Director
U.S. Department of Veterans Affairs Fresh Start Drop -In Center
John Bryant
Co -Vice President
Florida Council for Community Mental
Health
Sean O. Cadigan
General Magistrate
Thirteenth Judicial Circuit
Gail Cordial
Executive Director
Florida Partners in Crisis
Jerry Demings
Sherriff, Orange County
Orange County Sheriff's Office
The Honorable Jack Espinosa
Circuit Court Judge
Thirteenth Judicial Circuit
3
John Petrila
Chair and Professor
Department of Health Policy & Management
Kathy Pugh
Trial Court Administrator
Seventeenth Judicial Circuit
The Honorable Jonathan Sjostrom
Circuit Court Judge
Second Judicial Circuit
Kathleen A. Smith
Public Defender
Twentieth Judicial Circuit
The Honorable Mark Speiser
Circuit Court Judge
Seventeenth Judicial Circuit
Veterans Resource Guide for the Florida State Court System
The Honorable Dee Anna Farnell
Circuit Court Judge
Sixth Judicial Circuit
OSCA Staff
Aaron Gerson
Court Operations Consultant
Office of the State Courts Administrator
Jennifer Grandal
Senior Court Operations Consultant
Office of the State Courts Administrator
Chris Korn
Senior Attorney
Office of the State Courts Administrator
E. Alene Tarter
Director, Benefits and Assistance
Florida Department of Veterans' Affairs
The Honorable Joseph G. Will
Circuit Court Judge
Seventh Judicial Circuit
Reviewers
Jennifer Grandal
Senior Court Operations Consultant
Office of the State Courts Administrator
Rose Patterson
Chief of Court Improvement
Office of the State Courts Administrator
Rose Patterson Jeanne E. Potthoff
Chief of Court Improvement Court Mediation and Arbitration Director
Office of the State Courts Administrator Seventeenth Judicial Circuit
Written and edited by
Aaron S. Gerson
Court Operations Consultant
Office of the State Courts Administrator
Teri Roark
Drug Court Manager
Fourth Judicial Circuit
Marcia Salmon
Senior Court Analyst II
Office of the State Courts Administrator
Michelle Spangenberg
Criminal Manager
Fifteenth Judicial Circuit
This Veterans Resource Guide acknowledges, and pays special tribute to, all of the brave men
and women who have fought for our country in war, so others can live in peace.
4
Veterans Resource Guide for the Florida State Court System
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Veterans often face challenging experiences during their service, including combat exposure, multiple
deployments, physical injury, and psychological trauma. As a result, mental health and substance use
disorders for this population has increased, significantly impacting the criminal justice system. Judges and
court personnel have a critical role in ensuring that veterans and service members entering the criminal
justice system get access to treatment and resources to effectively treat these disorders and help return
them to productive members of the community.
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A veteran is defined in section 1.01(14), Florida
Statutes as a person who served in the active
military, naval, or air service and who was
discharged or released therefrom under
honorable conditions only or who later received
an upgraded discharge under honorable
conditions, notwithstanding any action by the
United States Department of Veterans Affairs on
individuals discharged or released with other
than honorable discharges.
A service member is defined in section.
250.01(19), Florida Statutes as any person serving
as a member of the United States Armed Forces on
active duty or state active duty and all members of
the Florida National Guard and United States
Reserve Forces.
For the purposes of veteran's benefits, the state and federal government do not recognize a person with a
military dishonorable discharge as a veteran.
'.
f
Sample questions to determine if a defendant is a
veteran and qualifies for benefits:
❖ Have you ever served in the United
States Armed Forces?
❖ Have you ever served in the United
States National Guard or Reserves?
❖ What type of discharge did you receive?
*Currently, many jails are identifying veterans.
+ ' + Screening (is the veteran
eligible?) and assessment (which services are
needed?) is part of the decision -making process
that, at a minimum, examines information about
the veteran's substance use and mental health
history. Information gathered during screening and
assessment is used to determine a diagnosis,
develop a treatment plan, and determine how the
court can best meet the needs of the defendant.
j�0�`i'°r' .��Q? _�' '.yli4A1� } ►' Some courts
have a wide array of programs and services for defendants who are in need of substance abuse and/or
mental health treatment. Veterans court is one example and was developed as an innovative and creative
response for the court to deal with drug abuse and mental illness.
5
Veterans Resource Guide for the Florida State Court System
Florida Statute 394.47891, establishes the T. Patt Maney Veterans' Treatment Act, which authorizes a
veterans court with the purpose of addressing the substance abuse and mental health needs of veterans
within the criminal justice system. Veterans court serves justice -involved veterans with a military -related
substance use and/or mental health disorder including traumatic brain injury (TB1) and post -traumatic
stress disorder (PTSD). Veterans court is modeled after drug court. As a result, it requires the participant
to appear regularly before the court, attend mandatory treatment sessions, and submit to frequent testing
for substance use. An essential part of veterans court is the addition of volunteer veteran mentors to assist
their fellow veterans with a wide array of support. Furthermore, the Veterans Health Administration
(VHA) plays a key role in veterans court as their services are provided to justice -involved veteran
participants.
�as+C�•�! i� If a veteran is charged with a felony,
other than a felony listed in section 948.06(8)(c), Florida Statutes, they are eligible for voluntary
admission into a pretrial veterans court. If a veteran is adjudicated of a felony offense, they may be
sentenced in a manner that appropriately addresses the severity of the mental illness, traumatic brain
injury, substance abuse disorder, or psychological problem through services tailored to the veteran's
needs.
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If a veteran received a military discharge other than honorable, they may not receive certain benefits from
the Department of Veterans' Affairs (VA) and subsequently may not be eligible for veterans court.
However, there are other problem -solving courts, such as drug courts or mental health courts, as well as
other treatment resources in the community, in which this population may be eligible. Alternatively, a
veteran may appeal their discharge status to become eligible for benefits. If there is not a veterans court in
your jurisdiction, the court can apply differentiated case management principles to serve a population of
ustice-involved veterans.
'� - pit' O ti(�a>�',��IS]�+i(,5. _�. There are
many non -governmental organizations that provide immediate assistance to veterans and their families.
Some organizations provide domestic services such as housing, utilities, and food. In addition, some
provide assistance with education, job training, job placement, and health care. There are also many social
organizations that provide advocacy and general camaraderie among the veteran population.
��.t'►. 0'4;O ON � I�
It is very important for the court to partner with their local VA Medical Center and engage the VJO
specialist in an effort to ensure that eligible justice -involved veterans have access to all VA benefits
including mental health and substance abuse services. Each veterans court is encouraged to work with the
VJO specialist assigned to their jurisdiction in order to access services and treatment through the VA. For
-a list of VJO specialist contacts, please visit http://%vww.%,a.ao%- homeless vio.asv.
R,
Veterans Resource Guide for the Florida State Court System
WHAT, WHO, WHEN, and WHY?
➢ WHAT is the Veterans Resource Guide? A guide to assist judges
and court staff in responding effectively and efficiently to the
substance abuse and mental health needs of Florida's veterans.
➢ WHO should use the Veterans Resource Guide? Judges,
magistrates, court staff, and attorneys will find the information in
the resource guide helpful.
➢ WHEN should the Veterans Resource Guide be used? Now!
Florida has the fastest growing veterans' population in the
country. We cannot afford to wait.
➢ WHY use the Veterans Resource Guide? It will assist judges,
magistrates, court staff, and attorneys to meet the challenges of
responding to the needs of veterans.
Justice -involved veterans need a coordinated response that provides
secure housing, nutritional meals, basic physical health care, substance
abuse treatment and aftercare, mental health counseling, personal
development and empowerment. Additionally, justice involved -veterans
need job assessment, training, and placement assistance.
7
Veterans Resource Guide for the Florida State Court System
Vetera►rs Resource Guide for the Florida State Court System
INTRODUCTION
There is a growing prevalence of veterans entering Florida's jails and prisons with criminal
behavior stemming from military service -related issues. These issues are both physical and
mental in nature and may include, but not limited to, substance abuse (including alcohol), mental
and physical illness, homelessness, unemployment, and affected relationships. The impact of
military service for some can be boundless and infinite. As a result, we are finding veterans who
are experiencing these and other issues, entering the criminal justice system at an alarming rate.
The combination of substance abuse and alcohol, mental health issues, homelessness, and
unemployment creates a perfect storm for sending veterans into the criminal justice system.
According to the Substance Abuse and Mental Health Services Administration (SAMHSA), on
any given day, veterans account for nine of every one -hundred individuals in United States jails
and prisons. Taken as a whole, veterans are not over -represented in the justice system as
compared to their proportion in the United States general adult population. However, several
sources indicate that veterans do appear to be overrepresented when it comes to substance abuse,
alcoholism, unemployment, assaults, domestic violence and conflict, homelessness, and some
mental health disorders. Veterans of Operation Enduring Freedom (OEF) and Operating Iraqi
Freedom (OIF) constitute a small proportion of all justice -involved veterans. While the majority
of veterans in prison served during a wartime period, only one in five served combat duty. Of
those who served during wartime, most are Vietnam veterans. Nearly all veterans in prison are
males, with a median age of 45 years. Veterans in prison are more likely to have committed a
violent crime and to serve a longer sentence than civilians but less likely to have a criminal
history prior to the offense that resulted in prison.
The National Institute on Drug Abuse (NIDA) suggests that the ongoing operations in Iraq and
Afghanistan continue to strain military personnel, returning veterans, and their families. Some
have experienced long and multiple deployments, combat exposure, physical injuries, as well as
post -traumatic stress disorder (PTSD) and traumatic brain injury (TBI). Furthermore, although
the 2008 Department of Defense Health Behavior Survey revealed general reductions overtime
in tobacco use and illicit drug use, it reported increases in other areas, such as prescription drug
0
Veterans Resource GuideJor the Florida State Court S►slem
abuse and heavy alcohol use. In fact, prescription drug abuse doubled among U.S. military
personnel from 2002 to 2005 and almost tripled between 2005 and 2008. NIDA also proposes
that alcohol abuse is the most prevalent problem and one which poses a significant health risk. A
study of Army soldiers screened 3 to 4 months after returning from deployment to Iraq showed
that 27 percent met criteria for alcohol abuse and were at increased risk for related harmful
behaviors (e.g., drinking and driving, using illicit drugs).
In a February 2014 report by the Congressional Research Service (CRS), it is suggested that
152,986 incident cases of PTSD were present among both previously deployed and not
previously deployed OEF and OIF veterans between 2000 and 2014. Moreover, the number of
TBI occurrences were almost 300,000 during that same time period. The full report can be
viewed here.
A study of incarcerated and homeless veterans who were contacted by veteran outreach workers
found that one in five incarcerated veterans were experiencing long-term homelessness prior to
being admitted to jail. Three in four were unemployed. In the year after being contacted by
veteran outreach workers, veterans who had been in jail were less likely than veterans who had
been homeless to receive any health care services from the United States Department of Veterans
Affairs (VA).
WHY ARE VETERANS UNIQUE?
Retunting Home from war
Veterans have unique experiences and face unique challenges. As a result, they have unique
needs. Veterans have many shared experiences that are not common among the civilian
population. Rates of mental health injuries are increasing not only because of the time it takes for
veterans' psychological injuries to manifest, however. A report by Vanessa Williamson and Erin
Mulhall entitled, Invisible Mottnds, Psychological and Neurological It juries Confront a New
Generation: of veterans suggest that longer tours and multiple deployments are also contributing
to higher rates of mental health injuries. Since September 11, 2001, veterans have regularly had
their tours extended and as of June 2008, more than 638,000 veterans have deployed more than
once. From spring 2007 to summer 2008, active -duty Army combat tours were officially
10
Veterans Resource Guidejor the Florida State Court System
increased from 12 to 15 months with a guarantee of a year at home between tours. Combat tours
were reduced to 12 months in August .2008, but the deployment schedule still does not allow for
the recommended rest between tours, known as "dwell time." In fact, the report submits that
according to the Army's Mental Health Advisory Team, soldiers deployed to Iraq for more than
six months, or deployed more than once, are much more likely to be diagnosed with
psychological injuries. Even after getting home, those who had deployed for longer periods are
still at higher risk for PTSD.
Many veterans face a difficult transition to civilian life or their "old life." These and other
readjustment issues, coupled with recovery from physical and/or mental injuries, lack of
employment opportunities, lack of a support network, just to name a few, makes this population
vulnerable to many types of unacceptable behaviors resulting in possible increased illness,
incarceration, and even death.
The majority of veterans are relieved to come home from war, see their families, and re-enter
their communities. Veterans are returning home and doing things that they have done many
times before, but it has been so long that it feels completely foreign to them. Sometimes a spouse
is unfamiliar to them, and family environments are uncomfortable. There oftentimes is residual
stress that carries over from deployment. While on deployment, veterans deal with each other in
ways that are not always understood by civilians. Veterans are often harsh with one another and
do not always act with kindness and sensitivity. Coupled with combat stress and the constant
safety concern, some veterans are at times suspicious, tightly wound, and easily angered. As a
result of these feelings, upon return from deployment, veterans sometimes have difficulty
integrating back into their homes and communities.
Veterans can have a difficult time adjusting to their lives upon return. Sometimes they feel
unwanted. For many, their lives will never be the same because of their experiences. Many
veterans make it through this reintegration, but unfortunately many do not.
Those who go to war, it turns out, carry the traumatic after-effects longer and deeper
than previously recognized — perhaps fora lifetime.
Veterans Resource Guidefor the Florida State Court S}stem
IDENTIFYING A VETERAN1
Asking the question, "Are you a veteran?" seems fairly straightforward. However, veterans do
not necessarily identify themselves as such. In fact, there are many reasons why individuals will
not identify themselves as a veteran. For example, if a veteran is serving in the National Guard or
Reserve Force, they may not view themselves as a veteran because they are still serving. By
contrast, a member of the National Guard or. Reserve Force might view themselves as a veteran
if they were called to active duty during their tenure. To complicate this even further, the state of
Florida recognizes the National Guard and Reserve Force population as "service members" not
"veterans."
Additionally, some military members who have not experienced conflict or combat do not
perceive themselves to be a veteran. Some veterans who served in the military decades ago may
not see their military service relevant. Some military members transitioning from active duty to
military separation may not identify themselves as a veteran. Many women veterans do not
realize that they are veterans and are often not accepted by their communities as a veteran. It is
because of these reasons, and many more, that courts must ask the right questions. The first
several questions to be asked in an effort to identify a veteran are the following: Have you ever
served in the United States Armed Forces, have you ever served in the United States National
Guard or Reserves, and what type of discharge did you receive?
Once a person self -identities as having served in the military, then additional questions, similar
to the following, can be asked that may identify the status of the individual's eligibility: do you
receive any VA benefits, do you have a service connected condition, and would you like to
discuss with someone the potential benefits that you and/or your family might be eligible to
receive? Also, questions such as, in which war era or period of service did you serve and how do
you view your experience in the military may give the court a little more military background on
the individual.
1 For the purposes of this resource guide, the term "veteran" is used to describe any person that has served in
the United States military. Florida and federal law do not recognize persons with certain discharge categories
as veterans.
12
Veterans Resource Guide for the Florida State Corot Su stem
The 'Florida State Court System recognizes that veterans in the criminal justice system face
unique issues. Each branch of government have important roles in helping link vulnerable
veterans with information and services which they are entitled. Law enforcement and jails are
taking steps to identify veterans at arrest and/or while they are in jail. Early identification of
veterans entering the criminal justice system is a vital part of the process of establishing proper
placement.
VETERANS COURT
The veteran's court model is based on the principles of drug court and. mental health court.
Substance abuse or mental health treatment is offered as an alternative to incarceration. As of
June 2013, there are over 140 veterans courts in the United States with many more in the
planning stages, and as of May 1, 2014, Florida has 16 operational veterans courts. They involve
cooperation and collaboration with traditional partners found in drug courts, such as the judge,
state attorney, public defender, case manager, treatment provider, probation, and law
enforcement. Added to this interdisciplinary team are representatives of the Veterans Health
Administration and the Veterans Benefit Administration— ds well as State Departments of
Veterans Affairs, Vct Centers, Veterans Service Organizations, Department of Labor, volunteer
veteran mentors, and other veterans support groups.
The first veteran's court opened in Buffalo, N.Y. in 2008 in response to the -overwhelming
number of veterans entering the criminal justice system. The veterans court idea took root when
the drug court/mental health court judge noticed that veterans coming before his court had
positive reactions to fellow veterans that were in the courtroom. The idea quickly spread. As a
result, a growing number of communities throughout the country are establishing veterans courts
to address the issues of veterans with specific needs or circumstances not adequately handled in
the traditional court system. Veterans courts aim to connect justice -involved veterans with
needed mental health and/or substance abuse treatment and other services in a veteran -focused
environment designed to provide support and encourage adherence to treatment.
The parameters of a veterans court can vary from court to court. However, as a general rule, a
veterans court is a type of problem -solving court designed to assist persons who have served (or
13
Geterans Resource Guide for- the Florida State Court System
are currently serving) in the military, who have been charged with a criminal offense, who are at
high risk for reoffending and/or becoming homeless, and who have significant mental health
and/or substance abuse disorders. A veterans court is a hybrid of a drug court and a mental health
and utilizes the drug court model as well as the principles of both drug courts and mental health
courts.
The most obvious distinction between a veterans court and other problem -solving courts is that it
limits participation to current or former members of the military. Some of the other differences
include the veterans court team encompassing at least one member who is familiar with veteran
and military culture, terminology, benefits, and any other veteran or military issues that may
arise; the treatment provider(s) should stress post -traumatic stress disorder, traumatic brain
injury, military sexual trauma, and other issues often associated with military service; mentors
who are current or former veterans should be utilized; and the partners with whom the veterans
court coordinate include veteran -specific service providers.
Peer Mentors
Veterans courts make use of the camaraderie that exists among all veterans. An essential part of
Veterans court is the addition of volunteer veteran mentors to assist their fellow � eterans with a
�,v tde array of support. They are principal to the % eterans court team and the participants. Their
interaction with the participant. including a supporti%'e relationship. maintained throuQhout the
program. increases the likelihood that the participant will remain in treatment and improves the
chances of success and sobriety. Veteran mentors volunteer their time and energy to assist their
fellow veterans with peer support, housing, employment linkages, job training, education,
transportation, disability compensation claims, discharge status and other linkages available at
the local, state and federal level. furthermore, the \'HA plays a key role in \,eterans court as their
services are provided to justice-in\�olved veteran participants.
Florida's Veteran Courts
Section 394.47891, Florida Statutes, establishes a veterans court with the purpose of addressing
the substance abuse and mental health needs of veterans within the criminal justice system.
Similar to drug court, it requires the participant to appear regularly before the court, attend
14
Veterans Resource Guide for the Florida State Court.r stem
mandatory treatment sessions, and submit to frequent drug testing. Screening and assessment is
part of the decision -making process that, at a minimum, examines information about the
defendant's substance use and mental health history. Information gathered during screening and
assessment is used to determine a diagnosis, develop a treatment plan, and determine how the
court can best meet the needs of the defendant.
Justice For Vets adopted the Ten Key Components of Veterans Treatment Court which
are based on the Ten Key Components of Drug Courts., See the Ten Key Components of
Veterans Treatment Court in Appendix I.
Florida has the second highest number of veterans in the United States. Coupled with the
increasing number of veterans coming home from war, the need for a veterans court in
appropriate communities should not be dismissed. If a jurisdiction has implemented a veterans
court, it is critical to determine if the defendant qualifies for this program. If a veteran is charged
with a felony, other than a felony listed in section 948.06(8)(c), Florida Statutes, they are eligible
for voluntary admission into a pretrial veterans court. If a veteran is charged with a
misdemeanor, they are eligible for voluntary admission into a misdemeanor pretrial veterans
court. If a veteran is adjudicated due to a felony or misdemeanor offense, they may be sentenced
in a manner that appropriately addresses the severity of the mental illness, TBI, PTSD, substance
abuse disorder, or psychological problem through services tailored to the veteran's needs. See
the Veterans Court Eligibility Criteria in Appendix 1I1.
If a veteran received a military discharge other than honorable, they may not receive certain
benefits from the Department of Veterans' Affairs and subsequently may not be eligible for
veterans court. Alternatively, a veteran may appeal their discharge status in an effort to become
eligible for benefits. If this is not an option, there are other problem -solving courts, such as drug
courts or mental health courts, in which this population may be eligible. Moreover, if there is no
veterans court in your jurisdiction, the court can implement a special docket intended to serve a
population of veterans who have become involved in the criminal justice system. The special
docket could work in concert with an already established drug court or mental health court. See
the Veterans Court Sample Benetits Eligibility Questionnaire in Appendix III.
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Veterans Resource Guide for the Florida State Court Si stent
Florida's Veterans Court Locations
I* 2014 Locations of Florida's Veterans Courts
As of April 2014, there are 16 veterans courts in Florida
located in Alachua, Brevard, Broward, Clay, Collier, Duval,
Hillsborough, Indian River, Marion, Okaloosa, Orange, Palm
Beach, Pasco, Pinellas, Seminole, and Volusia Counties. See i
Florida's Veterans Court Contacts here.
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Veterans Resource Guide for the Florida State Court System
Justice For Vets
Justice For Vets is a professional services division of the National Association of Drug Court
Professionals. Justice For Vets helps to ensure that the criminal justice system effectively
identifies, assesses, and responds to all justice -involved veterans appropriately, and is leading the
national effort to establish veterans courts within reach of every veteran in need. As the national
leader, Justice For Vets aggressively advocates for veteran courts and mobilizes the public to
take action to join them in ensuring that no veteran is left behind. Justice For Vets helps
communities bring together local, state, and federal resources to directly serve veterans involved
in the justice system due to substance abuse, mental illness, or trauma. For more information on
Justice For Vets, please visit iusticeforvets.ort:.
Office of the State Courts Administrator (OSCA)
The problem -solving court team within the Office of the State Courts Administrator's, Office of
Court Improvement was created to foster the development and expansion of the successful drug
court concept throughout Florida. The problem -solving court team identifies funding sources,
develops training materials, provides technical assistance, maintains an information exchange,
and works with the trial courts to ensure that legislative intent regarding problem -solving courts
is met. As of May 2014, Florida has over 225 problem -solving courts in operation. For more
information on Florida's problem -solving courts, please visit here.
Funding and Training
There are many training opportunities and programs to assist courts with implementation. For
example, the Veterans Treatment Court Planning Initiative (VTCPI) is designed to assist
jurisdictions in the planning and development of a veterans court. Justice For Vets staff and
treatment court practitioners work with planning teams to shape the court, develop policy and
procedure manuals, and build team unity. For more information on VTCPI visit the 2014
Veterans Treatment Court Plannina, Initiative. Furthermore, 2014 will mark the second year that
Justice For Vets will convene the Vet Court Con, which is a national conference dedicated
exclusively to veterans court. Vet Court Con will offer critical training to judges, prosecutors,
state and defense attorneys, probation officers, volunteer veteran mentors, law enforcement
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Veterans Resource Guide for the Florida State Court System
officers, mental health and drug addiction treatment professionals, VA employees, and many
others working in veterans court or with justice -involved veterans.
The Florida Legislature recently appropriated funding to several counties to implement and/or
expand veterans court. The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP),
Bureau of Justice Assistance (BJA) at- times, seeks applications from local jurisdictions in an
effort to provide funding to establish or enhance a current veterans court. Sometimes local
funding is available through the city or county. The NADCP is currently working toward a
dedicated federal funding stream to. help communities get the training and resources needed to be
sustainable in the long term.
JUSTICE -INVOLVED VETERAN PROGRAMS
Veterans Justice Outreach (VJO) Initiative
The Veterans Justice Outreach (VJO) initiative is part of the VA, and its purpose is to prevent
homelessness among justice -involved veterans and help avoid criminalization of mental illness
and substance abuse, while at the same time avoiding extended incarceration. Justice -involved
veterans who have crisis encounters with law enforcement in the community, are jailed for
relatively brief periods of time for offenses that usually do not result in prison time and/or are
adjudicated or monitored by either local criminal courts or problem -solving courts, such as drug,
veteran, and mental health courts, usually for extended periods of time.
VJO specialists coordinate care for justice -involved veterans in an effort to ensure that eligible
veterans have timely access to VHA mental health and substance abuse services when clinically
indicated, and other VA services and benefits, as appropriate.
It is very important for the court to .partner with their nearest VA Medical Center and
engage the VJO specialist in an effort to ensure that eligible justice involved veterans
have access to all VA benefits including mental health and substance abuse services.
Each veterans court is encouraged to work with the VJO specialist assigned to their
jurisdiction in order to access services and treatment through the VA. See the- VJO
specialist's contact information here.
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Veterans Resource Guide for the Florida State Court System
Health Care For Re -Entry Veterans Program (HCRV)
The Health Care for Re-entry Veterans Program (HCRV) is designed to address the community
re-entry needs of veterans in state or federal prison. The HCRV program provides pre-release
outreach, assessment, linkage, and brief term post -release case management services for
incarcerated veterans —many who are diagnosed with a mental illness —released from state and
federal prisons. The HCRV's goals are to prevent homelessness, reduce the impact of medical,
psychiatric, and substance abuse disorders upon community re -adjustment, and decrease the
likelihood of re -incarceration. The program promotes successful community integration of re-
entry veterans by engaging them upon release in appropriate treatment and rehabilitation
programs.
The HCRV program includes a range of services intended to assist veterans at a critical time
during their re-entry process and offer a time -limited (usually b months prior to release to 4
months after release) continuum of re-entry services. It is a multistage program establishing
contact with re-entry veterans and facilitating their access to a wide range of medical,
psychiatric, vocational, and social services.
See the HCRV specialist's contact information here.
Vet Center Program
The goal of the Vet Center Program is to provide a broad range of counseling, outreach, and
referral services to eligible veterans in order to help them make a satisfying post-war
readjustment to civilian life. Vet Centers are community based and part of the VA. They are
available to veterans and family members. Vet Centers guide veterans and their families through
many of the major adjustments in lifestyle that often occur after a veteran returns from combat.
Services for a veteran may include individual and group counseling in areas such as PTSD,
alcohol and drug assessment, and suicide prevention referrals. All services are free of cost and
are strictly confidential. For a directory of Vet Centers located in Florida, please visit here.
If a veteran lives in a rural area or has difficulty accessing a Vet Center, the. VA
provides Mobile Vet Centers in some communities that will travel to the veteran's
community and provide the same services as a Vet Center.
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Veterans Resource Guide for the Florida State Court Si stem
VETERANS BENEFITS
General Eligibility
A discharge completely alleviates a veteran of any unfulfilled military service obligation. In
contrast, separation (which may be voluntary or involuntary) may leave an additional unfulfilled
military service obligation that a veteran may carry out. Discharge or separation should not be
confused with retirement; career U.S. military members who retire are not separated or
discharged; rather, they enter the retired reserve and may be subject to recall to active duty.
Different types of discharges are honorable, general, other than honorable, bad conduct
discharge, and dishonorable.
According to the VA, eligibility for most VA benefits is based upon discharge from active
military service under other than dishonorable conditions. Active service means full-time
service, other than active duty for training, as a member of the Army, Navy, Air Force, Marine
Corps, Coast Guard, or as a commissioned officer of the Public Health Service, Environmental
Science Services Administration or National Oceanic and Atmospheric Administration, or its
predecessor, the Coast and Geodetic Survey.
Dishonorable and bad conduct discharges issued by general courts-martial may bar VA benefits.
Veterans in jail or prison must contact the VA to determine their eligibility. The VJO specialist
can assist eligibility determination. It should be noted that VA benefits will not be provided to
any veteran or dependent wanted for an outstanding felony warrant.
Federal Benefits
There are a broad range of benefits and services for which veterans may be eligible. The VA
provides benefits including disability, education and training, vocational rehabilitation and
employment, home loan guaranty, dependent and survivor benefits, medical treatment, life
insurance and burial benefits. The VA administers a variety of benefits and services that provide
financial and other forms of assistance to veterans, service members, and their dependents and
survivors. Visit the VA Benefits in Brief to access an at -a -glance description of VA benefits as
well as contact phone numbers and locations.
-For the latest comprehensive guide to ,federal VA, benefits, visit the following link to access
the 2013 Edition Federal Benefits for Veterans Dependents and Survivors guide. The VA's
website httv://www.va.eov/ has additioriai information and resources for veterans.
Veterans Resource Guide for the Florida State Court St stem
State and Local Benefits
In concert with federal benefits, the state of Florida also offers a range of benefits and services.
The Florida Department of Veterans' Affairs (FDVA) is the premier point of entry for Florida's
veterans to access earned services, benefits, and support. The FDVA is a cabinet agency created
to assist all present and former members of the Armed Forces of the United States and their
dependents and survivors in preparing claims for and securing compensation, pension,
hospitalization, vocational training, employment assistance and other benefits or privileges they
may have earned.
VisWthe fojlowinglink to .access flie:Flofida: Veterans' Benefits Guide. The'FDVA, t w,ebs te,
floridalvets.ore, ��as- an .abundance: =ofY rifoxmati; n feso�izCes azici ,contact riformatioti for
vdthram For list of allthe lease visit here.
Appeals Process
If the veteran received anything but an honorable discharge, this may affect their VA benefits.
While anyone can apply to the appropriate Discharge Review Board (DRB) for a discharge
upgrade or to change their discharge reason, the veteran must convince the board that their
discharge reason or characterization was "inequitable" or "improper." "Inequitable" means the
reason or characterization of the discharge is not consistent with the policies and traditions of the
service. "Improper" means that the reason or characterization of the discharge is in error (i.e., is
false, or violates a regulation or a law). Under the law, a veteran must make their application for
discharge upgrade within 15 years of discharge. If their discharge is older than 15 years, they
must apply for a change to their military records.
A veteran can apply fora review of discharge by using the DD .Fdrin 293 that ci be found
here. This form has instructions andcontact 3nfprmation for each .branch -of service:
Veterans and Military Service Organizations
Effective programs for at -risk veterans are community -based, nonprofit, "veterans helping
veterans" groups. Programs that seem to work best feature transitional housing with the
camaraderie of living in structured, substance -free environments with fellow veterans who are
succeeding at bettering themselves.
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Veterans Resource Guide for the Florida State Court System
Government benefits and services, while important, are limited and sometimes at capacity. It is
critical that community groups reach out to help provide the support, resources and opportunities
that most Americans take for granted such as, housing, employment and health care. Justice -
involved veterans who participate in collaborative programs are afforded more services and have
higher chances of becoming tax -paying, productive citizens.
The Veterans Service Organizations 2013/201 4 Directory is published as an informational
service by the Office of the Secretary of Veterans Affairs. The purpose of this directory is to
link veterans to community service organizations and as a convenience to the user to supply
information concerning organizations holding themselves out as providing services to the veteran
community. For a list of many Florida Veteran Service Organizations, please visit here.
MENTAL HEALTH
Mental health is essential to overall health. Everyone has had some experience with feeling
depressed, anxious, or overwhelmed emotionally, but if these feelings persist it can be a sign of a
mental health illness or mental health disorder. Left untreated, mental illness can interfere with
daily life, relationships, work, normal functioning, and may cause pain for both the person with
the disorder and those who care about him or her. Before, during, or after deployment, some
veterans may experience mental health disorders such as depression, anxiety, post -traumatic
stress disorder (PTSD), a traumatic brain injury (TBI), or suicidal thoughts. A veteran's mental
health is just as important as their physical health. The good news is that mental health disorders,
even serious mental illness cases, are treatable.
The shock and trauma of war, of course, is hardly new, but we now know more about the impact
war has on veterans. The cascade of combat veterans from the Iraq and Afghanistan wars is
forcing mental health practitioners to a new recognition: the effects of combat trauma extend far
beyond the traditional and narrow clinical diagnoses of PTSD and TBI. The veterans from our
most recent wars have been subject to long rates of combat exposure and multiple deployments.
Because of these and other factors, are at risk of a "downward spiral" that can lead to depression,
substance abuse, and sometimes suicide.
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Veterans Resource Guide for the Florida State Court Sister
Several sources suggest that almost a quarter of a million Iraq or Afghanistan veterans have been
diagnosed with mental health injuries from combat service. Many more veterans are not
diagnosed, yet go on with their lives while experiencing short-term memory loss, headaches,
insomnia, anger or numbness —conditions that can range from merely annoying to highly
disruptive, impacting employment and the family unit. For some veterans, staying active can
temporarily mask these symptoms, but it's only temporary and a matter of time before the issues
must be addressed.
Post -Traumatic Stress Disorder (PTSD) is an anxiety disorder caused by experiencing
traumatic events such as combat, disasters, terrorism, serious accidents, or physical or sexual
assault. PTSD includes three types of symptoms:
1. Re-experiencing or reliving the trauma, such as having flashbacks, nightmares, or becoming
very upset when reminded of the trauma.
2. Avoiding or staying away from places or people because they remind you of the trauma,
isolating from others, and/or feeling numb.
3. Experiencing increased arousal such as being on guard, being irritable, having trouble
sleeping, or startling easily.
After a trauma, it is normal to have painful memories and to become upset when reminded of
what happened. For most, these reactions lessen over time and thinking returns to normal. For
some, however, reactions continue and are severe; they disrupt living, and beliefs remain
negative and intense. How people respond to these early, normal reactions, in part, can determine
if PTSD develops. For example, because memories and reminders of the trauma are painful, it
makes sense to want to avoid them. However, too much avoidance can prevent a person from
adequately dealing with the memories and reminders and making sense of what happened. This
may lead to normal trauma reactions becoming more lasting PTSD symptoms. These include, but
are not limited to, depression, anxiety disorders, and alcohol and substance abuse. PTSD can also
reduce one's ability to function in relationships, at work and school, and in leisure activities. In
addition, people with PTSD may sutler physical symptoms and may be at increased risk of
medical problems.
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Veterans Resource Guide for the Florida State Court System
The VA suggests that although most people recover after a trauma, it is not uncommon for
people to develop PTSD. Following a trauma, it can be expected that around 20% of women and
8% of men will develop PTSD. Certain types of trauma, such as sexual assault and combat, can
cause even higher rates. Anyone can develop PTSD, but it can be treated with talk therapy or
medication, or a combination of both. The VA provides nearly 200 specialized PTSD treatment
programs and each VA Medical Center has PTSD specialists who can assist in providing
treatment for veterans. A referral is usually needed to access the specialty programs.
For more information about VA programs and services for veterans with PTSD, please
visit here.
Suicide plagues an estimated 18 veterans every day, according to the National Alliance on
Mental Illness. There are as many as 950 suicide attempts each month occurring among veterans
receiving services through the VA. Soldiers contemplating suicide were more likely to suffer
from symptoms of PTSD, depression and alcohol abuse. Historically, active duty service
members had lower rates of suicide than the general population; however, since 2005 the rates
have increased dramatically, particularly among soldiers and marines. SAMHSA notes that from
2005 to 2009 more than 1,100 members of the armed forces took their own lives. Suicide is a
major public health issue in the United States, but it is important to recognize that suicide is a
preventable tragedy.
The VA has implemented comprehensive, broad ranging suicide prevention initiatives, including
a toll -free veterans crisis line (1-800-273-8255), placement of suicide prevention coordinators at
all VA Medical Centers and large outpatient facilities, and improvements in case management
and reporting. Suicide warnings include, but are not limited to, threatening to hurt or kill oneself,
looking for ways to kill oneself; trying to get pills, guns, or other means to harm oneself; talking
or writing about death, dying or suicide; feeling hopeless; experiencing rage; uncontrolled anger
or seeking revenge; acting reckless or engaging in risky activities; feeling trapped, like there's no
way out; abusing drugs or alcohol; withdrawing from friends or family; having dramatic changes
in mood; feeling like there is no reason for living; feeling like there is no sense of purpose in life;
sleeping too much or too little; and giving away possessions. Each VA Medical Center has a
suicide prevention coordinator to make sure veterans receive needed counseling and services.
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Veterans Resource Guide for the Florida State Court StsteM
For more suicide prevention resources, including contact information for the veterans
crisis fine and the suicide prevention coordinators, please visit here.
Depression is a medical condition distinguished by one or more major depressive episodes. A
major depressive episode is characterized by at least two weeks of depressed mood or loss of
interest (pleasure) and accompanied by at least four more symptoms of depression. Such
symptoms can include changes in appetite, weight, difficulty in thinking and concentrating, and
recurrent thoughts of death or suicide. Depression differs from simply feeling sad in that it
causes severe enough problems to interfere with a person's day-to-day functioning.
For more information about treatment for depression, please visit here.
Other Mental Health Disorders plague veterans every day. Some of these disorders include,
but are not limited to schizophrenia, bipolar, and many types of anxiety. For more information
about these conditions, please visit here.
PHYSICAL HEALTH
The wounds of war can go far beyond what appears to be. From an array of mental health issues
to physical pain and illness that persist long after the fight is over, veterans face a new battlefield
with a multitude of health troubles than the general population. Veterans returning from combat
may have various physical health concerns that need to be addressed. These include, but are not
limited to, TBI, general fatigue and pain, as well as, cognitive disturbances such as memory and
concentration problems. Some of the more common physical complaints of returning soldiers
that may not be thought about by the general public are musculoskeletal injuries, chemical
exposure, infectious diseases, noise and vibration exposure, and urologic injuries.
Traumatic Brain Injury (TBI) is a severe or moderate trauma to the head, where physical
portions of the brain are damaged and functioning is impaired. The trauma can range from mild
cases which cause limited functional impairments, such as a concussion or headaches. However,
the trauma can be much more severe and cause balance problems, mood changes and memory
loss. TBI and PTSD have been called the signature wound of the conflicts in Iraq and
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Veterans Resource Guide for the Florida State Court System
Afghanistan due to the. frequent and powerful blasts experienced in the field; an injury not
commonly seen before. Long and short-term effects of a TBI include, but are not limited to
memory loss, difficulty- understanding others, loss of self-control, physical aggression, flash
anger, difficulty expressing thoughts, apathy, poor judgment and reasoning, seizures,
inappropriate sexual behavior, physical disabilities, impaired social skills, and inability to
recognize or accept limitations.
For more information about TBI and veterans health, please visit here.
SUBSTANCE ABUSE
Substance abuse disorders remain one of the three top diagnoses in the VA system. It has been
suggested, that veterans who suffer from PTSD and physical pain who have also been prescribed
pain medication are at high risk for drug and alcohol abuse. Abuse of substances such as alcohol,
drugs, or tobacco, can lead to increased risk of injuries, accidents, serious physical and mental
health problems as well as relationship, employment, and legal problems. Problems with alcohol
or drug use may occur in response to stress or in combination with PTSD, depression, or other
medical conditions.
Effective treatments for substance use disorders are available at the VA. Available treatments
address all types of problems related to substance use, from unhealthy use of alcohol to life -
threatening addictions. The VA provides effective, scientifically proven services for all eligible
veterans. The VA recognizes that in many cases, substance use can be an ongoing condition that
requires care over a long period of time. The VA offers a number of options for veterans who
seek treatment for substance use. These options include therapy, either alone with the therapist or
in a group, as well as medications to help veterans reduce their use of alcohol, tobacco and drugs.
The majority of VA Medical Centers have a substance abuse coordinator to make sure veterans
receive needed treatment and services.
See the substance abuse coordinator's contact information here. For more information
about VA substance abuse programs and services for veterans, please visit here.
Ful
Veterans Resource Guide for the Florida State Court. } stem
MILITARY SEXUAL TRAUMA
Military sexual trauma (MST) is the term that the VA uses to refer to sexual assault or repeated,
threatening sexual harassment that occurred while the veteran was in the military. It includes any
sexual activity where someone is involved against his or her will— he or she may have been
pressured into sexual activities, may have been unable to consent to sexual activities, or may
have been physically forced into sexual activities. Other experiences that fall into the category
of MST include unwanted sexual touching, or grabbing; threatening, offensive remarks about a
person's body; and/or threatening or unwelcome sexual advances.
Both women and men can experience MST during their service. All veterans seen at a Veterans
Health Administration (VHA) facility are asked about experiences of sexual trauma. The VA has
services to help veterans overcome trauma that occurred while serving in the military. The
veteran does not need to have a VA disability rating to receive these services and may be able to
receive services even if they are not eligible for other VA care. The veteran does not need to
have reported the incident(s) when it happened or have other documentation that it occurred.
For more information about MST programs and treatment services for veterans,
please visit here.
DOMESTIC VIOLENCE
A Yale University study that looked at home front effects of war on men suggests that male
veterans who spent time in combat were more than four times as likely as other men to engage in
domestic violence. On a national scale, the number of military calls to the domestic violence
hotline has more than tripled from 2006 to 2011 as reported by the Battered Women's Justice
Project. In the Psychological Sequelae of Combat Violence: A Review of the Impact of PTSD on
the Veteran's Fand v and Possible Interventions by Tara Galovski and Judith A. Lyons, it is
suggested that PTSD could lead to incidences of domestic violence, as negative emotions prompt
sufferers to become violent. Many veterans dealing with these issues experience problems with
marital and family adjustment when they return, as well as violent behavior. In a study
performed on 122 women married to servicemen suffering from PTSD and 252 women that were
not, the servicemen afflicted with PTSD were proven to have committed more acts of violence
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Veterans Resource Gidde for the Florida State Court Sr stem
against their partners. Those suffering from PTSD are at a higher risk of perpetrating intimate
partner violence than others. PTSD can often cause veterans to become irritable, angry and
hostile, and this oftentimes escalates into domestic violence. As more evidence concerning the
relationship between veterans and domestic violence emerges, it seems that we can expect that
more effort will be placed on the courts towards helping women and children affected by
domestic violence as well as veterans suffering from combat -related trauma.
HOMELESSNESS
America's homeless veterans have served in World War II, the Korean War, Cold War, Vietnam
War, Grenada, Panama, Lebanon, Persian Gulf War, Operation Enduring Freedom (Afghanistan)
and Operating Iraqi Freedom (Iraq), and the military's anti -drug cultivation efforts in South
America. According to the National Coalition for Homeless Veterans, nearly half of homeless
veterans served during the Vietnam era. Two-thirds served our country for at least three years,
and one-third were stationed in a war zone. The United States government is committed to
ending veteran homelessness by the end of 2015.
The VA states that the nation's homeless veterans are predominantly male, with roughly 8%
being female. The majority are single; live in urban areas; and suffer from mental illness, alcohol
and/or substance abuse disorders, or co-occurring disorders. About 12% of the adult homeless
population are veterans. Homeless veterans are younger on average than the total veteran
population. Approximately 9% are between the ages of 18 and 30, and 41 % are between the ages
of 31 and 50. Conversely, only 5% of all veterans are between the ages of 18 and 30, and less
than 23% are between 31 and 50. The transient nature of this homeless population presents a
major difficulty— the U.S. Department of Housing and Urban Development (HUD) estimates
that 57,849 veterans are homeless on any given night. About 1.4 million veterans are considered
at risk of homelessness due to poverty, lack of support networks, and dismal living conditions in
overcrowded or substandard housing.
Veterans are homeless due to the complex set of factors influencing all homelessness —extreme
shortage of affordable housing, livable income and access to health care. A large number of
displaced and at -risk veterans live with lingering effects of PTSD and substance abuse, which are
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Veterans Resource Guide for the Florida State Court S►stein
compounded by a lack of family and social support networks. Additionally, military occupations
and training are not always transferable to the civilian workforce, placing some veterans at a
disadvantage when competing for employment. A top priority for homeless veterans is access to
secure, safe, clean housing that offers a supportive environment free of drugs and alcohol.
For more information about veteran homelessness, please visit here.
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Veterans Resource Guide for the Florida State Court System
APPENDIX I
The Ten Key Components of Veterans Treatment Court
Key Component #1: Veterans Treatment Court integrate alcohol, drug treatment, and mental
health services with justice system case processing
Veterans Treatment Courts promotes sobriety, recovery and stability through a coordinated response to
veteran's dependency on alcohol, drugs, and/or management of their mental illness. Realization of these
goals requires a team approach. This approach includes the cooperation and collaboration of the
traditional partners found in drug treatment courts and mental health treatment courts with the addition
of the Veteran Administration Health Care Network, veterans and veterans family support organizations,
and veteran volunteer mentors.
Key Component #2: Using a non -adversarial approach, prosecution and defense counsel promote
public safety while protecting participants' due process rights
To facilitate the veterans' progress in treatment, the prosecutor and defense counsel shed their traditional
adversarial courtroom relationship and work together as a team. Once a veteran is accepted into the
treatment court program, the team's focus is on the veteran's recovery and law-abiding behavior —not
on the merits of the pending case.
Key Component 93: Eligible participants are identified early and promptly placed in the Veterans
Treatment Court program
Early identification of veterans entering the criminal justice system is an integral part of the process of
placement in the Veterans Treatment Court program. Arrest can be a traumatic event in a person's life. It
creates an immediate crisis and can compel recognition of inappropriate behavior into the open, making
denial by the veteran for the need for treatment difficult.
Key Component 94: Veterans Treatment Court provide access to a continuum of alcohol, drug,
mental health and other related treatment and rehabilitation services
While primarily concerned with criminal activity, AOD use, and mental illness, the Veterans Treatment
Court team also consider co-occurring problems such as primary medical problems, transmittable
diseases, homelessness; basic educational deficits, unemployment and poor job preparation; spouse and
family troubles —especially domestic violence —and the ongoing effects of war time trauma.
Veteran peer mentors are essential to the Veterans Treatment Court team. Ongoin2.1 Veteran peer mentors
interaction with the Veterans Treatment Court participants is essential. Their active, supportive
relationship, maintained throughout treatment, increases the likelihood that a veteran will remain in
treatment and improves the chances for sobriety and law-abiding behavior.
Key Component #5: Abstinence is monitored by frequent alcohol and other drug testing
Frequent court -ordered AOD testing is essential. An accurate testing program is the most objective and
efficient way to establish a framework for accountability and to gauge each participant's progress.
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Veterans Resource Guide for the Florida State Court System
Key Component #6: A coordinated strategy governs Veterans Treatment Court responses to
participants' compliance
A veteran's progress through the treatment court experience is measured by his or her compliance with
the treatment regimen. Veterans Treatment Court reward cooperation as well as respond to
noncompliance. Veterans Treatment Court establishes a coordinated strategy, including a continuum of
graduated responses, to continuing drug use and other noncompliant behavior.
Key Component #7: Ongoing judicial interaction with each Veteran is essential
The judge is the leader of the Veterans Treatment Court team. This active, supervising relationship,
maintained throughout treatment. increases the likelihood that a veteran will remain in treatment and
improves the chances for sobriety and law-abiding behavior. Ongoing judicial supervision also
communicates to veterans that someone in authority cares about them and is closely watching what they
do.
Key Component #8: Monitoring and evaluation measure the achievement of program goals and
gauge effectiveness
Management and monitoring systems provide timely and accurate information about program progress.
Program monitoring provides oversight and periodic measurements of the program's performance
against its stated goals and objectives. Information and conclusions developed from periodic monitoring
reports, process evaluation activities, and longitudinal evaluation studies may be used to modify
program
Key Component #9: Continuing interdisciplinary education promotes effective Veterans
Treatment Court planning, implementation, and operations
All Veterans Treatment Court staff should be involved in education and training. Interdisciplinary
education exposes criminal justice officials to veteran treatment issues, and Veteran Administration,
veteran volunteer mentors, and treatment staff to criminal justice issues. It also develops shared
understandings of the values, goals. and operating procedures of bath the veteran administration.
treatment and the justice system components.
Education and training programs help maintain a high level of professionalism, provide a forum for
solidifying relationships among criminal justice, Veteran Administration, veteran volunteer mentors. and
treatment personnel, and promote a spirit of commitment and collaboration.
Key Component #10: Forging partnerships among Veterans 'Treatment Court, Veterans
Administration, public agencies, and community -based organizations generates local support and
enhances Veteran Treatment Court effectiveness
Because of its unique position in the criminal justice system, Veterans Treatment Court is well suited to
develop coalitions among private community -based organizations, public criminal justice agencies, the
Veteran Administration, veterans and veterans families support organizations, and AOD and mental
health treatment delivery systems. Forming such coalitions expands the continuum' of services available
to Veterans Treatment Court participants and informs the community about Veterans Treatment Court
concepts. The Veterans Treatment Court fosters system wide involvement through its commitment to
share responsibility and participation of program partners.
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Veterans Resource Guide for the Florida State Court System
APPENDIX II
Veterans Court Sample Benefits Eligibility Questionnaire
Consider the following questionnaire to determine the eligibility of a potential participant.
1. Did you ever serve in the U.S. Armed Forces?
Yes
No
2. Did you ever serve in the U.S. National Guard or Reserves?
Yes
No
3. In what branch(s) of the Armed Forces did you serve?
Army (including Army National Guard or Reserve)
Navy (including Reserve)
Marine Corps (including Reserve)
Air Force (including Air National Guard and Reserve)
Coast Guard (including Reserve)
Other —Specify
4. When did you first enter the Armed Forces? TMonth: Year:
5. When were you last discharged? Month: Year:
6. Altogether, how much time did you serve in the Armed Forces?
# of Years
# of Months
# of Days
7. What type of discharge did you receive?
Honorable
General (Honorable Conditions)
General (Without Honorable Conditions)
Other than Honorable
Bad Conduct
Dishonorable
Other —Specify
Don't know
8. Have you ever received services at a VA hospital?
Yes
No
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Veterans Resource Guide for the Florida State Court Systems
APPENDIX III
Veterans Court Eligibility Criteria
The laws governing veterans courts are expressed in ss. 394.47891 (post -adjudication), 948.08
(pretrial intervention), 948.16 (misdemeanor pretrial intervention), and 948.21 (condition of
probation or community control), F.S. The following are eligibility guidelines based upon the
Office of the State'Courts Administrator's interpretation of the current statutes.
Summary
The laws only apply to veterans, as defined in s. 1.01, F.S. and service members, as defined in s.
250.01, F.S., who suffer from a military -related mental illness, traumatic brain injury, substance
abuse disorder, or psychological problem.
The term "veteran" is defined in s. 1.01(14), F.S. as a person who served in the active military,
naval, or air service and who was discharged or released therefrom under honorable conditions
only or who later received an upgraded discharge under honorable conditions, notwithstanding
any action by the United States Department of Veterans Affairs on individuals discharged or
released with other than honorable discharges.
The term "service member" is defined in s. 250.01(19), F.S. as any person serving as a member
of the United States Armed Forces on active duty or state active duty and all members of the
Florida National Guard and United States Reserve Forces.
If a person meets this initial criteria, then they must meet any additional criteria set forth in the
individual statute sections as discussed below.
394.47891— Post -adjudication
If a person meeting the criteria set forth above is convicted of a criminal offense, that person
may be sentenced in accordance with chapter 921 in a manner that appropriately addresses the
severity of the mental illness, traumatic brain injury, substance abuse disorder, or psychological
problem through services tailored to the individual needs of the participant. Entry into any
military veterans and service members court program must be based upon the sentencing court's
assessment of the defendant's criminal history, military service, substance abuse treatment needs,
mental health treatment needs, amenability to the services of.the program, the recommendation
of the state attorney and the victim, if any, and the defendant's agreement to enter the program.
948.08(7)(a) - Pretrial intervention
If a person meeting the criteria is charged with a felony, other than a felony listed in s.
948.06(8)(c), that person is eligible for voluntary admission into a pretrial veterans' treatment
intervention program approved by the chief judge of the circuit, upon motion of either party or
the court's own motion.
The court may deny the defendant's admission to such a program if:
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Veterans Resource Guide for the Florida State Court Systenr
• The defendant was previously offered admission to a pretrial veterans' treatment
intervention program at any time before trial and the defendant rejected that offer on the
record, or
• The defendant previously entered a court -ordered veterans' treatment program.
948.16 (2)(a) - Misdemeanor pretrial intervention
If a person meeting the criteria is charged with a misdemeanor, that person is eligible for
voluntary admission into a misdemeanor pretrial veterans' treatment intervention program
approved by the chief judge of the circuit, for a period based on the program's requirements and
the treatment plan for the offender, upon motion of either party or the court's own motion.
However, the court may deny the defendant admission into a misdemeanor pretrial veterans'
treatment intervention program if the defendant previously entered a court -ordered veterans'
treatment program.
948.21- Condition of probation or community control
Effective for a probationer or community controllee who meets the criteria and whose crime was
committed on or after July 1, 2012, the court may, in addition to any other conditions imposed,
impose a condition requiring the probationer or community controllee to participate in a
treatment program capable of treating the probationer or community controllee's mental illness,
traumatic brain injury, substance abuse disorder, or psychological problem. The court shall give
preference to treatment programs for which the probationer or community controllee is eligible
through the United States Department of Veterans Affairs or the Florida Department of
Veterans' Affairs. The Department of Corrections is not required to spend state funds to
implement this section.
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Veterans Resource Guide for the Florida State Court System
APPENDIX IV
The T. Patt Maney Veterans' Treatment Intervention Act
394.47891 Military veterans and servicemembers court programs. —The chief judge of each
judicial circuit may establish a Military Veterans and Servicemembers Court Program under
which veterans, as defined in s. 1.01, and servicemembers, as defined in s. 250.01, who are
convicted of a criminal offense and who suffer from a military -related mental illness, traumatic
brain injury, substance abuse disorder, or psychological problem can be sentenced in accordance
with chapter 921 in a manner that appropriately addresses the severity of the mental illness,
traumatic brain injury, substance abuse disorder, or psychological problem through services
tailored to the individual needs of the participant. Entry into any Military Veterans and
Servicemembers Court Program must be based upon the sentencing court's assessment of the
defendant's criminal history, military service, substance abuse treatment needs, mental health
treatment needs, amenability to the services of the program, the recommendation of the state
attorney and the victim, if any, and the defendant's agreement to enter the program.
948.08 Pretrial intervention program.--
(7)(a) Notwithstanding any provision of this section, a person who is charged with a felony,
other than a felony listed in s. 948.06(8)(c), and identified as a veteran, as defined in s. 1.01, or
servicemember, as defined in s. 250.017. who suffers from a military service -related mental
illness, traumatic brain injury, substance abuse disorder, or psychological problem, is eligible for
voluntary admission into a pretrial veterans' treatment intervention program approved by the
chief judge of the circuit, upon motion of either party or the court's own motion, except:
1. If a defendant was previously offered admission to a pretrial veterans' treatment intervention
program at any time before trial and the defendant rejected that offer on the record, the court may
deny the defendant's admission to such a program.
2. If a defendant previously entered a court -ordered veterans' treatment program, the court may
deny the defendant's admission into the pretrial veterans'. treatment program.
(b) While enrolled in a pretrial intervention program authorized by this subsection, the
participant shall be subject to a coordinated strategy developed by a veterans' treatment
intervention team. The coordinated strategy should be modeled after the therapeutic
jurisprudence principles and key components in s. 397.334(4), with treatment specific to the
needs of servicemembers and veterans. The coordinated strategy may include a protocol of
sanctions .that may be imposed upon the participant for noncompliance with program rules. The
protocol of sanctions may include, but need not be limited to, placement in a treatment program
offered by a licensed service provider or in a jail -based treatment program or serving a period of
incarceration within the time limits established for contempt of court. The coordinated strategy
must be provided in writing to the participant before the participant agrees to enter into a pretrial
veterans' treatment intervention program or other pretrial intervention program. Any person
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Veterans Resource Guide for lire Florida State Court System
whose charges are dismissed after successful completion of the pretrial veterans' treatment
intervention program, if otherwise eligible, may have his or her arrest record to the dismissed
charges expunged under s.943.0585.
(c) At the end of the pretrial intervention period, the court shall consider the recommendation of
the treatment program and the recommendation of the state attorney as to disposition of the
pending charges. The court shall determine, by written finding, whether the defendant has
successfully completed the pretrial intervention program. If the court finds that the defendant has
not successfully completed the pretrial intervention program, the court may order the person to
continue in education and treatment, which may include treatment programs offered by licensed
service providers or jail -based treatment programs, or order that the charges revert to normal
channels for prosecution. The court shall dismiss the charges upon a finding that the defendant
has successfully completed the pretrial intervention program.
948.16 Misdemeanor pretrial substance abuse education and treatment intervention
program; misdemeanor pretrial veterans' treatment intervention program.—
(1)(a) A person who is charged with a misdemeanor for possession of a controlled substance or
drug paraphernalia under chapter 893, and who has not previously been convicted of a felony nor
been admitted to a pretrial program, is eligible for voluntary admission into a misdemeanor
pretrial substance abuse education and treatment intervention program, including a treatment -
based drug court program established pursuant to s. 397.334, approved by the chief judge of the
circuit, for a period based on the program requirements and the treatment plan for the offender,
upon motion of either party or the court's own motion, except, if the state attorney believes the
facts and circumstances of the case suggest the defendant is involved in dealing and selling
controlled substances, the court shall hold a preadmission hearing. If the state attorney
establishes, by a preponderance of the evidence at such hearing, that the defendant was involved
in dealing or selling controlled substances, the court shall deny the defendant's admission into
the pretrial intervention program.
(b) While enrolled in a pretrial intervention program authorized by this section, the participant is
subject to a coordinated strategy developed by a drug court team under s. 397.334(4). The
coordinated strategy may include a protocol of sanctions that may be imposed upon the
participant for noncompliance with program rules. The protocol of sanctions may include, but is
not limited to, placement in a substance abuse treatment program offered by a licensed service
provider as defined in s. 397.311 or in a jailbased treatment program or serving a period of
incarceration within the time limits established for contempt of court. The coordinated strategy
must be provided in writing to the participant before the participant agrees to enter into a pretrial
treatment -based drug court program or other pretrial intervention program. Any person whose
charges are dismissed after successful completion of the treatment -based drug court program, if
otherwise eligible, may have his or her arrest record and plea of nolo contendere to the dismissed
charges expunged under s. 943.0585.
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Veterans Resource Guide for the Florida State Court System
(2)(a) A veteran, as defined in s. 1.01, or servicemember, as defined in s. 250.01, who suffers
from a military service -related mental illness, traumatic brain injury, substance abuse disorder, or
psychological problem, and who is charged with a misdemeanor is eligible for voluntary
admission into a misdemeanor pretrial veterans' treatment intervention program approved by the
chief judge of the circuit, for a period based on the program's requirements and the treatment
plan for the offender, upon motion of either party or the court's own motion. However, the court
may deny the defendant admission into a misdemeanor pretrial veterans' treatment intervention
program if the defendant has previously entered a court -ordered veterans' treatment program.
(b) While enrolled in a pretrial intervention program authorized by this section, the participant
shall be subject to a coordinated strategy developed by a veterans' treatment intervention team.
The coordinated strategy should be modeled after the therapeutic jurisprudence principles and
key components in s. 397.334(4), with treatment specific to the needs of veterans and
servicemembers. The coordinated strategy may include a protocol of sanctions that may be
imposed upon the participant for noncompliance with program rules. The protocol of sanctions
may include, but need not be limited to, placement in a treatment program offered by a licensed
service provider or in a jail -based treatment program or serving a period of incarceration within
the time limits established for contempt of court. The' coordinated strategy must be provided in
writing to the participant before the participant agrees to enter into a misdemeanor pretrial
veterans' treatment intervention program or other pretrial intervention program. Any person
whose charges are dismissed after successful completion of the misdemeanor pretrial veterans'
treatment intervention program, if otherwise eligible, may have his or her arrest record to the
dismissed charges expunged under s. 943.0585.
(3) At the end of the pretrial intervention period, the court shall consider the recommendation of
the treatment program and the recommendation of the state attorney as to disposition of the
pending charges. The court shall determine, by written finding, whether the defendant
successfully completed the pretrial intervention program. Notwithstanding the coordinated
strategy developed by a drug court team pursuant to s. 397.334(4) or by the veterans' treatment
intervention team, if the court finds that the defendant has not successfully completed the pretrial
intervention program, the court may order the person to continue in education and treatment or
return the charges to the criminal docket for prosecution. The court shall dismiss the charges
upon finding that the defendant has successfully completed the pretrial intervention program.
(4) Any public or private entity providing a pretrial substance abuse education and treatment
program under this section shall contract with the county or appropriate governmental entity. The
terms of the contract shall include, but not be limited to, the requirements established for private
entities under s. 948.15(3). This requirement does not apply to services provided by the
Department of Veterans' Affairs or the United States Department of Veterans Affairs.
948.21 Condition of probation or community control; military servicemembers and
veterans. —Effective for a probationer or community controllee whose crime was committed on
or after July 1, 2012, and who is a veteran, as defined in s. 1.01, or servicemember, as defined in
s. 250.01, who suffers from a military service -related mental illness, traumatic brain injury,
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Veterans Resource Guide for the Florida State Court System
substance abuse disorder, or psychological problem, the court may, in addition to any other
conditions imposed, impose a condition requiring the probationer or community controllee to
participate in a treatment program capable of treating the probationer or community controllee's
mental illness, traumatic brain injury, substance abuse disorder, or psychological problem. The
court shall give preference to treatment programs for which the probationer or community
controllee is eligible through the United States Department of Veterans Affairs or the Florida
Department of Veterans' Affairs. The Department of Corrections is not required to spend state
funds to implement this section.
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Veterans Resource Guide for the Florida State Court System
APPENDIX V
The websites that are used as hyperlinks in the Veterans Resource Guide are as follows:
Contact Information
VJO Specialist Contacts htto://Nvww.va.gov/liomeless/vio.asp.
HCRV Specialist Contacts http://www.va.Qov/homeless/reentrv.asp#contacts.
Veterans Crisis Line and the Suicide Prevention Coordinator Contacts
http://www.mentalhealth.va.Lyov/suicide prevention/index.asp.
Substance Abuse Coordinator Contacts
http://www2.va.aov/directorv/wide/state SUD.cfm?STATE=FL.
Florida County Veteran Service Officers http://floridavets.ors!/wp-
content/uvloads/2014/05/CVS0 Directory 1-Mav-2014.pdf.
Office of the State Courts Administrator htti)://www.flCOLtrts.orp-/.
Health Conditions
Information about VA programs and services for veterans with PTSD
htty://wNv%v.mentalhealth.va.eov/PTS D.asp.
Information on treatment for depression http://w`vw.mentaIheaIth.va.u.ov/depress ion. asp.
Information about mental health disorders httv://www.mentaIhealth.va.eov/index.asp.
Information and resources about suicide prevention
http://w%vw.mentalhealth.va.gov/suicide prevention/index.asp.
Information about TBI and veterans' health
litti)://www.publichealth.va.2ovi vetliealthinitiative/traumatic brain iniurv.asp.
Information on VA substance abuse programs and services for veterans
http://www.mentalhealth.va.gov/substanceabuse.asn.
Information on MST programs and treatment services for veterans
http://www.mentalhealth.va.eov/msthome.asp.
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Veterans Resource Guide for the Florida State Court System
Additional Resources
U.S. Department of Veterans Affairs httt)://www.va.Qov/.
Florida Department of Veterans Affairs httn:/lfloridavets.orQ/.
A Guide to U.S. Military Casualty Statistics: Operation New Dawn, Operation Iraqi
Freedom, and Operation Enduring Freedom httD://w-Nvw-.fas.orp-/sQp/crs/natsec/RS22452.ndf.
Information about veteran homelessness htti)://wivw.va.2ov/homeless/.
Information about Vet centers
htto://www.va.00v/directorv/guide/state.asp?dnum=ALL&STATE=FL.
Justice For Vets http://www.iusticeforvets.orL/.
2014 Veterans Treatment Court Planning Initiative http://iusticeforvets.orJ2014-vtcpi.
Comprehensive guide to federal VA benefits
htti)://www.va.aov/ot)a/publications/benefits book/2013 Federal Benefits for Veterans Enelis
h.pdf.
A description of VA benefits as well as contact phone numbers and locations
http://www.vba.va.izovlpubs/forms/VBA-21=0760-ARE.ndf.
Florida Veterans' Benefits Guide htto://www.mvdiaitaloubIication.com/publication/?i=198104.
DD Form 293 http://www.dtic.mil/whs/directives/infomet/forms/efonns/dd0293.ndf.
National Veterans Service Organizations 2013/2014 Directory http://www.va.Qov-vsoNSO-
Directory 2013-2014.adf.
Florida Veteran Service Organizations hur0floridavets.om0na,e id=52.
The Florida Defense Support Task Force http://www.entemriseflorida.comfthe-florida-defense-
support-task-force/resources/.
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