“Veterans Court” in California – A Guide to How It Works

California’s Veterans Treatment Court (VTC) is an intensive rehabilitation program that allows certain former military members who are facing criminal charges to possibly avoid jail and a criminal record. In order to be considered, you need to be

1. eligible for probation and
2. suffering from addiction or mental illness such as PTSD.

Depending on the case, if you successfully finish Veterans Treatment Court, you will have your charges reduced or dismissed. Most people who complete this program do not get arrested again.

In this article, our California criminal defense attorneys answer frequently asked questions about Veterans Treatment Court (VTC) in California.

• 1. What is VTC?
• 2. Am I eligible?
• 3. How do I apply?
• 4. Do I have to go to jail?
• 5. Will my case get dismissed?
• 6. What happens if I violate the rules?
• 7. What if I do not finish?
• 8. Does my jurisdiction offer Veteran’s Court?
• Additional Reading

1. What is VTC?

California’s Veterans Treatment Courts provide veteran-specific treatment, such as rehab and counseling, instead of incarceration.¹ Depending on the case, you may be able to

• avoid prison,
• get an early termination of probation,
• get a felony charge reduced to a misdemeanor conviction, and/or
• get a criminal charge completely dismissed.²

What is the purpose?

Judges offer VTC as a way of acknowledging the difficult time many former military personnel have acclimating to civilian life after facing combat.

Prosecutors understand that mental health problems often lead to brushes with the law. You have risked your lives for our freedom and have earned any special treatment courts can offer.

Therefore, Veterans Treatment Court was developed to provide important life tools to help you fortify your mental health and avoid criminal behavior again. In fact, this program is often the first opportunity you have to get your mental disorders or addictions formally diagnosed.

Many of the VCT participants we represent served honorably in Iraq and Afghanistan but are suffering from traumatic brain injuries or serious psychological issues. VCT offers them a “fresh start” to get on with their civilian life.

What is it like?

Veterans Court programs are tailored to you and are a collaborative process.

In some cases, you may be committed to a residential treatment program and earn sentence credits for the actual time you serve in residential treatment. In other cases, you must find and maintain stable housing and follow all the VTC requirements while living at home.

The program usually involves at least 18 months of treatment, though it can be as short as one year for certain misdemeanor offenses.

This program is extremely structured, but the tone is compassionate and constructive instead of punishing or adversarial. You are supported by a “team” that includes not only the judge and probation officer but also

• a veteran mentor,
• a VA Justice Outreach specialist,
• a VA case manager, and
• mental health counselors.

This interdisciplinary network provides a holistic type of treatment whereby you hopefully improve in all areas of your life.³

The Four Phases

If you are accepted into Veterans Treatment Court, you are placed on formal probation and begin the first of four “phases:”

1. Phase I. This is the toughest, most demanding part of this program. You get a full evaluation and assessment to help court staff customize a treatment plan and conditions of compliance. Phase I typically lasts four months and involves weekly court meetings where staff gives the judge progress reports. You also have regular meetings with your probation officer and VA liaison and submit to random drug tests.
2. Phase II. This is a less strenuous form of Phase I in that there are fewer weekly meetings. This typically lasts for three months.
3. Phase III. The frequency of drug testing and meetings continues to decrease. This typically lasts for five months.
4. Phase IV. This phase serves as a transition from Veterans Court back to real life. You still have treatment and meetings, but the focus is looking forward to the next step and functioning as a law-abiding adult. Once you complete this program, you will receive referrals for job training, schooling, and/or headhunter services.

Throughout this process, you are subject to random narcotic and alcohol testing as well as unannounced home visits. Judges are looking for you to demonstrate an eagerness to improve.

If you never miss court appearances, deliver clean drug tests, and show humility, you are more likely to move into phase IV the fastest. The court staff at Riverside and Orange County preach “three simple rules,” which are:

1. Be Honest,
2. Show up,
3. Try Hard.⁴

2. Am I eligible?

The requirements for Veterans Treatment Court vary from court to court, and the judge has full discretion to admit or deny you. In most cases in California, you have to meet the following criteria:

• you must have served in the military (including Army, Navy, Air Force, Coast Guard, Marines, National Guard or Reserves);
• you must have pleaded guilty in a criminal case;
• you must be suffering from post traumatic stress disorders (PTSD), traumatic brain injuries (TBI), military sexual trauma (MST), substance abuse, or other diagnosed mental health disorders;
• you must agree to participate in a 15- to 18-month-long program;
• you must also be eligible for probation; and
• you have an honorable discharge, though courts can make exceptions (having a disability caused by military service helps).

If you are accused of sex or gang-related crimes, you are usually disqualified. Courts will consider you on a case-by-case basis if you were accused of violent felonies. You increase your chances of acceptance into the program if you demonstrate enthusiasm and resolve to get better.

After you finish the program, the judge considers the following factors when determining whether the treatment was a success.

1. your completion and degree of participation in education, treatment, and rehabilitation as ordered by the court;
2. your progress in formal education;
3. your development of career potential;
4. your leadership and personal responsibility efforts; and
5. your contribution of service in support of the community.⁵

VTC vs. Military Diversion

Veterans Court is different from the Military Diversion option under 1001.80 PC. Military Diversion is available to you if you:

• were charged with a misdemeanor;
• have never been given diversion in the past; and
• have not been previously convicted of a similar offense.

Therefore, Veterans Treatment Court may be a viable option for you if you are not eligible for Military Diversion.⁶

3. How do I apply?

The Veterans Treatment Court application process varies by jurisdiction in California. An attorney or public defender should be able to help you:

• determine your eligibility and
• request the court to admit you into the program.

The court may then order a mental health assessment and preliminary evaluations and recommendations by:

• a probation officer,
• specialists with VA Veterans Justice Outreach, and
• Veterans Court staff.

Often, the judge will meet with you and your defense attorney prior to deciding whether to accept you into the program.

Remember that a prerequisite for joining the program is pleading guilty to the underlying offense. If you are accepted into the program, you are typically given a 14-day “window period” where you may:

• withdraw your guilty plea and
• resume the usual criminal prosecution process.

If you get accepted into the program, you will be largely segregated from other criminal defendants. Each Veterans Court has its own courtroom and judge, who hears only vets’ cases while the court is in session.⁷

4. Do I have to go to jail?

In many cases, if you successfully complete Veterans Treatment Court in California, you can avoid going to prison or jail. In some cases, Veterans Treatment Court decreases–not eliminates–the prison or jail sentence.⁸

5. Will my case get dismissed?

In many cases, if you successfully complete Veterans Treatment Court, your California criminal case will be completely dismissed, expunged and sealed pursuant to 1203.4 PC. In other cases, the charge gets reduced to a lesser offense, such as a felony being reduced to a misdemeanor.

If the judge dismisses your case following completion of the program, you are not obligated to disclose the case:

• on job applications or
• under oath.

(An exception is if you later apply to be in law enforcement.)

Note that Veterans Court cannot result in dismissals of most felony sexual offenses, such as

• oral copulation by force and
• lewd acts with a minor.⁹

6. What happens if I violate the rules?

It depends on the case. Repercussions for violating Veterans Treatment Court in California range from:

• a judicial slap on the wrist to
• extra punishments to
• being disqualified from the program and remanded to jail or prison.

Your attorney would try to persuade the judge to give you another chance to complete the program.¹⁰

7. What if I do not finish?

If you do not finish Veterans Treatment Court in California, your case will resume as if you never entered the program. Since you already pleaded guilty, the judge will impose a criminal sentence. Depending on the case, you may face

• fines and/or
• prison time.¹¹

8. Does my jurisdiction offer Veterans Court?

Consult with an attorney or do an internet search for locations. If there is no program close by, it may still be possible to do some kind of court-approved program.

Thirty-three California courts in 29 counties authorized Veterans Treatment Programs with upwards of 100 locations throughout the state. For addresses and contact information, see our article on how to find a veterans court in your California county.