[Senate Hearing 111-589]
[From the U.S. Government Publishing Office]
S. Hrg. 111-589
EVALUATING THE NEED FOR GREATER FEDERAL RESOURCES TO ESTABLISH VETERANS
COURTS
=======================================================================
HEARING
before the
SUBCOMMITTEE ON CRIME AND DRUGS
of the
COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE
ONE HUNDRED ELEVENTH CONGRESS
SECOND SESSION
__________
MARCH 1, 2010
__________
Serial No. J-111-78
__________
Printed for the use of the Committee on the Judiciary
U.S. GOVERNMENT PRINTING OFFICE
58-005 PDF WASHINGTON : 2010
-----------------------------------------------------------------------
For sale by the Superintendent of Documents, U.S. Government Printing
Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC
area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC
20402-0001
PATRICK J. LEAHY, Vermont, Chairman
HERB KOHL, Wisconsin JEFF SESSIONS, Alabama
DIANNE FEINSTEIN, California ORRIN G. HATCH, Utah
RUSSELL D. FEINGOLD, Wisconsin CHARLES E. GRASSLEY, Iowa
CHARLES E. SCHUMER, New York JON KYL, Arizona
RICHARD J. DURBIN, Illinois LINDSEY GRAHAM, South Carolina
BENJAMIN L. CARDIN, Maryland JOHN CORNYN, Texas
SHELDON WHITEHOUSE, Rhode Island TOM COBURN, Oklahoma
AMY KLOBUCHAR, Minnesota
EDWARD E. KAUFMAN, Delaware
ARLEN SPECTER, Pennsylvania
AL FRANKEN, Minnesota
Bruce A. Cohen, Chief Counsel and Staff Director
Matt Miner, Republican Chief Counsel
------
Subcommittee on Crime and Drugs
ARLEN SPECTER, Pennsylvania, Chairman
HERB KOHL, Wisconsin LINDSEY GRAHAM, South Carolina
DIANNE FEINSTEIN, California ORRIN G. HATCH, Utah
RUSSELL D. FEINGOLD, Wisconsin CHARLES E. GRASSLEY, Iowa
CHARLES E. SCHUMER, New York JEFF SESSIONS, Alabama
RICHARD J. DURBIN, Illinois TOM COBURN, Oklahoma
BENJAMIN L. CARDIN, Maryland
AMY KLOBUCHAR, Minnesota
EDWARD E. KAUFMAN, Delaware
Hannibal Kemerer, Democratic Chief Counsel
Walt Kuhn, Republican Chief Counsel
C O N T E N T S
----------
STATEMENTS OF COMMITTEE MEMBERS
Page
Specter, Hon. Arlen, a U.S. Senator from the State of
Pennsylvania................................................... 1
WITNESSES
Altmire, Hon. Jason, a Representative in Congress from the State
of Pennsylvania................................................ 2
Danny, Michael, Veteran Participant, Pittsburgh, Pennsylvania.... 12
McCaffery, Seamus, Supreme Court Justice, Supreme Court of
Pennsylvania, Philadelphia, Pennsylvania....................... 5
Mercer, Al, Executive Director, Veterans Leadership Program of
Western Pennsylvania, Pittsburgh, Pennsylvania................. 10
Moreland, Michael E., Network Director of Veterans, Integrated
Service Network 4, Veterans Administration, Pittsburgh,
Pennsylvania................................................... 9
Murphy, Hon. Tim, a Representative in Congress from the State of
Pennsylvania................................................... 3
Zottola, John A., Judge, Criminal Division, Court of Common Pleas
of Western Pennsylvania, Pittsburgh, Pennsylvania.............. 7
SUBMISSIONS FOR THE RECORD
Kerry, Hon. John F., a U.S. Senator from the State of
Massachusetts, prepared statement.............................. 25
Mercer, Al, Executive Director, Veterans Leadership Program of
Western Pennsylvania, Pittsburgh, Pennsylvania, statement...... 26
Moreland, Michael E., Network Director of Veterans, Integrated
Service Network 4, Veterans Administration, Pittsburgh,
Pennsylvania, statement........................................ 59
Zottola, John A., Judge, Criminal Division, Court of Common Pleas
of Western Pennsylvania, Pittsburgh, Pennsylvania, statement... 62
EVALUATING THE NEED FOR GREATER FEDERAL RESOURCES TO ESTABLISH VETERANS
COURTS
----------
MONDAY, MARCH 1, 2010
U.S. Senate,
Subcommittee on Crime and Drugs,
Committee on the Judiciary,
Pittsburgh, PA
The Committee met, Pursuant to notice, at 10:26 a.m.,
Courtroom 6A, U.S. District Court for the Western District of
Pennsylvania, Hon. Arlen Specter (Chairman of the Subcommittee)
presiding.
Also present: Representative Jason Altmire, Representative
Tim Murphy.
OPENING STATEMENT OF HON. ARLEN SPECTER, A U.S. SENATOR FROM
THE STATE OF PENNSYLVANIA
Senator Specter. Good morning, ladies and gentlemen. The
Judiciary Committee Subcommittee on Criminal Justice and Drugs
will now proceed with the hearing on veterans courts.
I thank my distinguished colleagues, Representative Jason
Altmire and Representative Tim Murphy, for joining me here
today, making them ex-officio Senators, ex-officio members of
the Judiciary Committee's subcommittee. And may the record show
the unusual circumstance of having a Democrat and a Republican
in the same field hearing.
We are taking up today the issue of veterans courts, which
is an innovation, having started in--and being in operation in
Allegheny County. It has the imprimatur of the Supreme Court of
Pennsylvania.
We have a very distinguished panel. Justice Seamus
McCaffery is with us today. He's had a very illustrious career.
In the good old days when I was District Attorney, Officer
McCaffery was with the Philadelphia Police Department. In--
serving in Philadelphia--more complicated--official positions.
Judge John Zottola is now the presiding judge on the
veterans court in Allegheny County, Common Pleas. He has a very
distinguished record of being Assistant DA and he administered
the court involving mental illness, and now is handling the
court for veterans, in recognition of the need, really, to have
a little specialized treatment when veterans have problems with
post-traumatic stress syndrome, coming back from Iraq and back
from Afghanistan, and from prior conflicts.
Some issues have arisen as to whether veterans are entitled
to this kind of elite treatment, special treatment. Some raise
a question about it. My own view is that we owe a great debt to
the veterans that we haven't begun to repay. I look back to my
own childhood, when my father, Harry Specter, who was a veteran
of World War I. The veterans of World War I--veterans had a
march on Washington--speech--speaking of--since I haven't
gotten it yet, I'm still waiting for--so we really have a great
deal to pay our veterans.
We have with us today Mr. Al Mercer, the executive director
of the Veterans Leadership Program of Western Pennsylvania, who
provides housing, employment, and other supportive services to
veterans. We have with us Mr. Michael Danny, a 46-year-old
Vietnam, having served in the Marines for more than 4 years. We
have Michael Moreland, from the Veterans Administration, a very
distinguished administrator who has sat at this table as a
witness in the past.
Now I'll turn to my distinguished colleague, Representative
Jason Altmire.
STATEMENT OF HON. JASON ALTMIRE, A U.S. REPRESENTATIVE FROM THE
STATE OF PENNSYLVANIA
Representative Altmire. Thank you, Senator. It's good to
see you and Representative Murphy. We have a bicameral,
bipartisan delegation here, and that shows the importance of
this issue. This is something that Pennsylvania has taken the
lead in, due to the great work of Justice McCaffery and Judge
Zottola and the others involved in this. I really appreciate
you all being here to help tell the story.
What this field hearing is about is using the lessons that
we've learned in the short time that we've done this in
Pennsylvania and apply those across the country and hopefully
grow this program, because we're talking about veterans who
have experienced trauma, and acknowledging the unique
circumstances that go into treating that trauma. When they find
themselves, due to circumstances, in the criminal justice
system, we need to find a way to recognize the unique
circumstances that we're involved in in their treatment through
veterans' programs.
We're going to reduce recidivism, which is critically
important, and we're going to save taxpayers money by
recognizing the unique factors that go into play. This is
nothing that we can't do in an effective way, but we have to
understand that the veterans deserve this. This is a program
that's critically important, but this is by no means a freebie.
This is something that veterans are going to be held
accountable, they're going to be assigned a mentor, and they're
going to have to go through, in some cases, some treatment.
This is where accountability is the key here.
But finding a way to recognize the uniqueness of their
circumstances, especially the combat-wounded veterans from Iraq
and Afghanistan, and applying those lessons to that population
to keep them out of the criminal justice system in the future
and save taxpayers money. So I'm excited to hear the testimony
of our witnesses, and look forward to taking those lessons back
to Washington and thinking about how we can apply those lessons
and implement these types of programs all around the country.
Thank you, Senator.
Senator Specter. Thank you very much, Representative
Altmire.
We turn now to our distinguished colleague, Representative
Tim Murphy.
Tim.
STATEMENT OF HON. TIM MURPHY, A U.S. REPRESENTATIVE FROM THE
STATE OF PENNSYLVANIA
Representative Murphy. Thank you, Senator, for holding this
hearing, for inviting us, and thank you also for your ongoing
commitment to our veterans. I appreciate that, especially
because Pennsylvania is the fourth-highest State in the number
of veterans in our Nation, and Allegheny County leads the State
of Pennsylvania in the number of veterans, and we thank them
all for their service.
But we have to recognize that the constant stress of battle
wears on our soldiers and has own effects which last long after
the bullets stop flying, and that many of our soldiers,
sailors, airmen, and Marines continue to fight this silent
battle within from the effects of combat.
It is a different kind of battle in Iraq and Afghanistan,
where very often the enemy does not wear the uniform of an
enemy, but slips back and forth within civilian clothing, hides
behind mosques and hospitals and schools, and women and
children, and it leaves our soldiers constantly vigilant out
there and wary of what may happen.
Thankfully, advances in medical technology, in armor
technology, and in medicine have more soldiers surviving
battlefield injuries and returning home, but the repercussions
that these men and women have create increased risk for other
issues, particularly in the mental health area. Nearly 20
percent of veterans returning from Iraq and Afghanistan,
according to a Rand study, about 300,000 in all, report
symptoms of post-traumatic stress disorder or major depression,
yet few seek the treatment they need. The incidence is higher
in combat soldiers, but it affects soldiers, sailors, airmen,
and Marines in all branches.
As part of a New England Journal of Medicine study,
interviews with soldiers revealed that only 23 percent--40
percent seek professional help, most because they fear it will
hurt their military careers or they have not had a push from
mentoring from above to change that.
There have been some changes, however, from the Chairman of
the Joint Chiefs of Staff, Admiral Mullen on down, and the
Pentagon Center for Excellence for Psychological Health and
Traumatic Brain Injury, although they estimated that 360,000
soldiers may have suffered at least a mild traumatic brain
injury while serving in Iraq and Afghanistan, and aren't
getting any help.
But we have to make sure the help is beyond that of just
providing some counseling and some medical treatment while
they're in a theater of combat or while they return. We also
have to recognize that post-traumatic stress, post-traumatic
stress disorder, post-combat trauma stress disorder, and combat
stress reactions are normal reactions to extremely abnormal
circumstances. We cannot see them as a weakness among any of
our military. We have to recognize them as sometimes the sad
part of battle, but we have to work at helping in the long run.
I know from my own work as a Lieutenant-Commander in the
Navy Reserve at Bethesda National Naval Medical Center, I see
these patients firsthand. When I leave here today, I'll soon
take a flight back to Bethesda to do my bi-monthly drills
there, and I know once again I'll see these soldiers, sailors,
airmen, Marines who have the traumas of which we speak. Perhaps
it will be a soldier, when I see him, he'll have anger in his
eyes, wanting to leave his branch of service, frightened,
worried, but not wanting to talk about it.
He'll avoid getting help and go home to his family, who
will try and be supportive of him, but over the weeks, as
nightmares and stress take their toll, does he find himself
waking up in the middle of the night or early in the morning to
go on patrol in his neighborhood, we will see someone who may
turn to drugs or alcohol, or losing his job or losing his
family.
Perhaps it will be the soldier that I know who has
significant damage from an IED going off and taking out a
significant portion of his frontal lobe, with that his
executive functions, his ability to manage and reason in his
own way. If you were just to talk to him, you may not know that
he has these problems, yet time and time again, so many
soldiers go home and find themselves with impulsive behavior
when they are not supervised, and then reaching into the
medicine cabinet without thinking, grab a handful of drugs, or
go off to a store and buy some things they shouldn't be buying,
or get behind the wheel of a car and drive 100 miles an hour
down the highway, perhaps have an accident, and a police
officer sees the Purple Heart license plate and lets them off
the hook.
We cannot have that for our military. We must make sure
that we have a justice system that understands their problems
and not coddles them, but works with them. They are surrounded
by mentors who understand service men and women and the
strength it takes to overcome this battle within. We have to
understand also that we simply do not have the personnel to
handle the severity and the volume. We don't have enough
trained psychologists, social workers, psychiatrists, or mental
health personnel trained in combat and veterans' mental health.
We have a lot of needs out here, and one of those places it
needs to start is here in the veterans court.
Again, Senator, thank you so much for having this hearing.
I look forward to hearing the testimony and to enlighten this
community with what we need to be doing to help make sure our
soldiers are welcomed home.
Thank you.
Senator Specter. Thank you very much, Representative
Murphy.
We now turn to our first witness. It is the remarkable
stature of the veterans court that we have a justice on the
Supreme Court of Pennsylvania who is with us here today.
Justice Seamus McCaffery was elected to that position in 2007.
He had previously served on the Superior Court, the next level
of appellate courts, he had been on the municipal court and he
became famous in a curious way: he presided on the so-called
Eagles court, where there was a special court set up at the
Veterans Stadium to handle unruly Eagles fans. So he had a very
large backlog that he had to work with at that time. On snowy
days, Eagles fans were notorious for pelting the players. Prior
to his judicial experience, he had been a Philadelphia police
officer from 1970 to 1989.
He's a graduate of the undergrad program at LaSalle, has a
Temple law degree. He was a Marine during Vietnam, and retired
as a Colonel in the U.S. Air Force Reserve after 40 year of
service. With all of the military talk and veteran talk, I
think it not inappropriate to comment that I am a veteran,
having been in the United States Air Force, stateside, during
the Korean War.
Justice McCaffery, it's an honor to have you here, and we
look forward to your testimony.
STATEMENT OF HON. SEAMUS MCCAFFERY, SUPREME COURT JUSTICE,
SUPREME COURT OF PENNSYLVANIA, PHILADELPHIA, PENNSYLVANIA
Justice McCaffery. Thank you, Senator. Representative
Altmire, Representative Murphy, thank you again so much for
conducting these hearings.
Senator, you and I go back well over 30 years and I
remember, I know firsthand your commitment toward the veterans'
community. That's why, when I received the call, would I be
willing to come to Pittsburgh today for your hearing, I jumped
at the opportunity.
Let me start out by saying that I am an immigrant. I was
born in Belfast, Northern Ireland. There are no veterans in my
family. In 1968, I joined the United States Marine Corps and I
traveled to Parris Island, South Carolina, where I was put into
a platoon. It was called the Pittsburgh platoon. There were 80-
some young men that were sworn in at Forbes Field, right here
in downtown Pittsburgh. It was the first time, quite frankly, I
ever heard the word ``youths''.
I was, at that point in my life, struck by the incredible
amount of patriotism coming out of Southwestern Pennsylvania,
and that's why, Representative Murphy, it does not strike me as
unusual to find out that Allegheny County was the number-one
county in Pennsylvania for veterans, surrounding the--
Washington----
Having joined up in 1968, Senator, I spent 40 years in the
military, starting as a private, and retired last year as a
full Colonel. During that span of time, I was honored to meet
World War II veterans who were coming to the end of their
careers back in the late 1960's, Korean War veterans, Vietnam
veterans, all the way up, and including, the current conflicts:
Desert Storm, Desert Shield. I was personally activated during
9/11 and sent to--Air Combat Commend headquarters in Langley,
Virginia, where I had the opportunity and privilege of serving
with veterans from both Iraq and Afghanistan.
The common thread throughout my 40 years of service was
seeing so many of these veterans who suffered. They suffered
that hidden wound, if you will, what we refer to now as post-
traumatic stress disorder. The World War II veterans called it
shell shock, but we now know it's post-traumatic stress
disorder.
As a Philadelphia police officer, so many times I dealt
with people with mental illness, and so many of those people
who suffered from mental illness were veterans. We would see
them self-medicating on the street corners, buying drugs,
alcohol, and they got into domestic violence cases, suffering,
again, from post-traumatic stress disorder, the hidden wound
that we see so frequently.
We have a Supreme Court Chief Justice right now, by the
name of Ronald G. Castille. I'm sure everybody knows that the
Chief Justice lost his leg on his 23rd birthday as a platoon
commander in Vietnam. Chief Justice Castille is an ardent
supporter of this concept of supporting our veterans. The Chief
Justice and my colleagues on the Supreme Court are strongly in
support of this.
One of the things that I learned, both throughout my
campaigns across Pennsylvania, as well as my time as a trial
judge, was that our veterans who do suffer end up in the
courtrooms, and we quite frankly had nothing we could do with
them because, Senator, Congressmen, just like everyone else in
this country right now at both the Federal and State levels,
our court systems are suffering--and I say ``suffering''--from
budgetary issues.
Every time we assign a judge to these various programs, it
takes away court staff, court personnel, probation/parole
officers, and judges from their normal duties. Some court
programs, some court jurisdictions are requesting to open up
so-called specialty, or problem-solving, courts. Through the
leadership of our State Senator, Jane Orie, as well as Senator
Costa, Senator Greenleaf, and Senator John Rafferty, they have
created in Pennsylvania legislation that allows the creation of
problem-solving courts, specialty courts.
Upon my election to the Supreme Court over 2 years ago, I
approached the Chief Justice and suggested that we open up our
own State-wide courts dealing with those, and I was asked to go
to Washington, DC to meet with the Veterans Administration
leadership. Because Pennsylvania has a unified judiciary, we
were able to put together programs throughout Pennsylvania to
help our veteran community.
We started here in Pennsylvania with Judge John Zottola,
sitting to my left, an outstanding jurist, and have an
outstanding program. We moved on to Scranton. We now have it in
Philadelphia. But one of the things that we're trying to do
right now is make this happen throughout Pennsylvania because
our veterans do need the kind of support that we are willing to
give them, and with your help and with your support, Senator, I
know we can make this State and this great country of ours show
we care about our veterans.
And as an aside, my last assignment was at the Department
of Homeland Security. I worked with the Pennsylvania National
Guard. Those Guardsmen and women come back home from the
fighting, and oftentimes they're putting on their police
uniforms, their firefighter uniforms, they have truck driver
jobs, whatever, and that money--they're back to work and
they're not afforded the opportunity to really get back to
society, and we see them so often in our courts as the result
of, again, self-medication, as well as an extension of
alcoholism.
So again, I want to thank you, and I'm here to answer any
questions you may have.
Again, Senator, Congressmen, thank you so much for your
help.
Senator Specter. Thank you very much, Justice McCaffery.
We now turn to Allegheny County Common Pleas Judge John
Zottola, who is in the Criminal Division of the Court of Common
Pleas. He serves currently as the supervisor of the Allegheny
County Mental Health Board, and also the county's first
veterans court.
Judge Zottola was an Assistant DA from 1982 to 1989. He
took that position shortly after graduation, graduating from
the University of Pittsburgh Law School.
Thank you for the outstanding work you're doing, Judge
Zottola, and the floor is yours.
STATEMENT OF HON. JOHN A. ZOTTOLA, JUDGE, CRIMINAL DIVISION,
COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PITTSBURGH,
PENNSYLVANIA
Judge Zottola. Thank you, Senator. Senator Specter,
Representative Altmire, Representative Murphy, thank you for
the opportunity to appear before this panel. My name is John A.
Zottola. I'm a judge in the Criminal Division of the Court of
Common Pleas of Allegheny County.
I've been supervising judge of our county's mental health
treatment court since March of 2006. Recently I was assigned to
supervise our newly created veterans court. The court was
created based on a recognition of the tremendous sacrifices
made by our veterans for the safety, freedom, and liberties of
their fellow citizens and the special circumstances that may
exist when a veteran finds himself or herself in the midst of
the criminal justice system.
These special circumstances combined with successes that
are achieved in a treatment course, such as mental health,
drug, and DUI--establishing an avenue to deal with the
veteran's issues in the criminal justice system, while being
mindful of the need for public safety.
A joint task force was co-chaired by Justice Seamus
McCaffery and VISN Director Michael Moreland to address the
needs of Pennsylvania veterans within the criminal justice
system. Its inaugural meeting was held on February 3, 2010 in
Harrisburg, Pennsylvania. The task force--on the need to divert
and treat, with regard to public safety, those veterans at
various stages of the criminal justice system was agreed upon.
What they decided to do, was to use the highly successful
sequential intercept model that is successful in mental health
courts, and that is to determine where in the criminal justice
system can you successfully divert someone, with the eye toward
public safety. That's been developed with respect to veterans
court.
My experience has been mostly with mental health court. In
our mental health court, it diverts at the third stage, and
that is at the Court of Common Pleas. It's different than
traditional judging. In traditional judging, you see almost a
vertical approach toward judging, where appearing before the
court is at the top of the pyramid.
With respect to mental health courts and treatment courts,
it's more of a horizontal approach, where there is a team
approach where the judge is, if necessary, a speed bump in the
decisionmaking process. The team approach takes the presence of
the District Attorney, the Public Defender, Human Services
individuals, probation officers, and the team decides what is
the best treatment for this particular individual.
We have with us here today one of the members of our team,
and that is Deb Barnison-Lange, who is from the Allegheny
County District Attorney's Office, and she's sitting here
behind me. We found that our team approach has been very
successful. Mental health court, as well as veterans court, we
found is going to be the right thing to do because the catch-
and-release system, where they keep catching individuals that
find themselves in the criminal justice system, release them,
only to be re-arrested and re-incarcerated, isn't working. So
diverting them in treatment is, one, the right thing to do.
The Rand Corporation was commissioned to do a study on our
county's mental health court. Over a 2-year period of time,
they found that the mental health court, by diverting as
opposed to re-incarcerating, saved Allegheny County $3.6
million over that 2-year period of time, so it's the right
thing to do and it saves money.
The third point is that our recidivism rate internally is
determined to be about 15 percent, so it's the right thing to
do, it saves money, and it works. We hope to be able to model
our veterans court--and we modeled our veterans court--after
the mental health court, but we need resources to be able to
handle extra prosecutors, extra judges, as well as extra Public
Defenders, probation officers, and that really is a critical
and crucial need, as well as the need to have an individual
that can coordinate the resources that are available, and each
of the other courts have provided these resources for veterans.
Like Justice McCaffery, I am here to answer any question
that you may have. I think what is an important piece that
we're finding in mental health court, as well as in veterans
court, is going to be the peer mentor aspect. The ability to
have someone in the courtroom that has been there, done that,
and can be able to, if necessary, coerce a veteran having to do
what they need to do in terms of treatment, in terms of taking
their medication, to be there to support the veteran, that's an
important component and that's something that needs to be
recognized.
A very important ally that we have in veterans court is
going to be the VA, and the VA has been very willing and very
agreeable in being a partner with the courts. It's the first
time that those two entities have really worked together, and I
see that that will be a very important partnership, an
effective partnership, for our veterans.
Thank you very much.
Senator Specter. Thank you very much for that, Judge
Zottola.
Our next witness is Mr. Michael Moreland, Network Director
of VA Healthcare VISN 4. He has been with the Department of
Veterans Affairs since 1980, the illustrious date. That's when
I was elected to the U.S. Senate. He had very, very extensive
service. He has, in his current capacity, the health care
system for about 1.5 million members throughout Pennsylvania
and Delaware. It's comprised of 10 centers, 45 community-based
outpatient clinics, which gives him quite a reach.
He received his Bachelor of Arts degree from the University
of Maryland in 1978, and his master's degree in Social Work
also from the University of Maryland in 1980.
What we'd like you to describe for us today, Mr. Moreland,
is exactly what you see the Veterans Administration undertaking
how that fits in with those veterans who are called in to
criminal court, and how the so-called veterans courts integrate
with your line of work.
STATEMENT OF MICHAEL E. MORELAND, NETWORK DIRECTOR OF VETERANS
INTEGRATED SERVICE NETWORK 4, U.S. VETERANS ADMINISTRATION,
PITTSBURGH, PENNSYLVANIA
Mr. Moreland. Yes, sir. I will do that. Thank you, Senator
Specter, Representative Altmire, Representative Murphy, for
this opportunity to talk to you a little bit about the things
that are going on in the VA. To respond to your question, sir,
as you mentioned, the part of the VA that I oversee has eight
hospitals in Pennsylvania, so I'll keep myself to Pennsylvania
today.
But it fits into the overall context of what the VA is
doing because, No. 1, we're trying to reach out and find
veterans. There are veterans out there, unbelievably, that
still don't know that they have service and eligibility with
the VA.
So we're out, reaching out to veterans everywhere we can go
to find them, and one of the places that we've been very
honored to work with Justice McCaffery and Judge Zottola here
in Pittsburgh, and of course, Judge Marsha Nefeld in
Philadelphia has done a fabulous job as well, and so we're
reaching into the court systems to find veterans that need our
services, too. So it fits into the context of the VA because,
under the public law, we're supposed to be out there talking to
veterans in the court, and we're doing that.
So in the hospitals that we had in Pennsylvania, we had a
Veterans Justice Outreach Coordinator at each one of our
hospitals. They are talking to the court systems in their local
community, making sure they're connecting with the court so
that the court knows about our services.
And in the veterans' court systems, like in Allegheny
County, and Philadelphia, and Lackawanna up near Scranton, we
actually have VA staff who are attending the court with the
court, talking to the veteran in the court and making sure that
the veteran has an opportunity to find out about VA services.
Again, Senator Specter, we've found veterans going into the
court system who may be facing a DUI, may be facing domestic
violence. They've never been to the VA, don't know they have VA
eligibility.
By us reaching out into the court system, we've been able
to find those veterans, connect them with the VA. Sometimes
they find out that they have eligibility for financial
assistance, sometimes they find out that they're eligible for
health care, and it may include medical, surgical, and
psychiatry care, to include substance abuse and PTSD treatment.
So I'm very pleased to have had the opportunity to serve
with Justice McCaffery on the State-wide task force and the
wonderful work we've been able to do to hold people together,
to talk about this very important issue. We are starting to
already see veterans come into the VA that otherwise I don't
think they would have.
Senator Specter. Thank you very much for your testimony,
Mr. Moreland.
We turn now Mr. Al Mercer, executive director of the
Veterans Leadership Program of Western Pennsylvania. He's had
that position since June of 2007. The VLP provides housing,
employment, and other supportive services to veterans and their
immediate families.
Mr. Mercer served 22 years in the Navy as an enlisted man,
a commissioned officer, and did two tours at the Pentagon. He
has a master's degree in Health Management Services and a
bachelor's degree in Health Care Services.
We appreciate your being here, Mr. Mercer, and we look
forward to the testimony.
STATEMENT OF AL MERCER, EXECUTIVE DIRECTOR, VETERANS LEADERSHIP
PROGRAM OF WESTERN PENNSYLVANIA, PITTSBURGH, PENNSYLVANIA
Mr. Mercer. Thank you, Senator. Good morning. My name is Al
Mercer. I'm executive director of the Veterans Leadership
Program of Western Pennsylvania. We have proudly served those
who have served and sacrificed on behalf of us all.
Senator Specter. Senator Strom Thurmond, who used to
preside at these hearings, under these circumstances, would say
``pull the machine a little closer''.
[Laughter.]
Mr. Mercer. Thank you, Senator.
We have proudly served those who have served and sacrificed
for us all since 1982. Thank you for the opportunity to offer
testimony on the very important topic of veterans court. I
would like to thank State Representative Don Walko, Judge Mike
McCarthy, Judge John Zottola, Mr. Moreland, and the VLP board
of directors for their leadership in bringing this issue
forward locally.
My special thanks goes to my staff at VLP for stepping out
in support of veterans encountering the criminal justice
system. The VLP staff operates on the front lines every day in
this community, serving veterans in crisis and embracing our
commitment to support all veterans with unwavering dedication,
no matter their situation or circumstances. This thank-you is
also extended to our 20 volunteer veterans who have stepped
forward to help their comrades.
While it is clear that the overwhelming majority of
veterans are law-abiding citizens who have not run afoul of the
law, there are many factors that contribute to the need for a
veterans court.
First, of the 300,000 veterans residing in Southwestern,
Pennsylvania, this region has one of the highest per-capita
concentrations of veterans in the United States.
Second, from the 67 counties in all of Pennsylvania,
Allegheny County is ranked No. 1 in the State, with over 3,100
Iraqi and Afghanistan veterans, and as ranked in the Navy, 45th
in the country out of 3,218 counties. That is extraordinary,
given there is no major military installation in this region.
Third, an even more rapidly changing economy is present
today than there was when the Veterans Leadership Program was
founded in 1982 when our steel mills were closing.
Fourth, the unemployment rate for Iraq and Afghanistan
veterans is 21 percent higher than the rate for all Americans.
Fifth, misplaced stereotypes for veterans' fitness for
employment have been reported and are on an increase.
Sixth, veterans represent a disproportionate share of this
country's homeless population. At VLP, our housing programs
remain full. Our waiting list is as long as it has ever been,
and we are the largest provider of subsidized housing to
homeless veterans in the region.
Seventh, more frequent and longer deployments by members of
the National Guard and Reserve are now the norm. To put this in
some perspective, the Pennsylvania National Guard is
experiencing its largest deployment since World War II, and the
Army reported in January 2010 that over 13,000 soldiers had now
spent three to four cumulative years at war. That is longer
than the entire duration of the Korean War.
Eighth, the tremendous and all-too-familiar readjustment,
reintegration, and post-deployment mental health problems faced
by 20 to 50 percent of the nearly two million military
personnel deployed present this community, and our country,
with extraordinary challenges for years and decades to come.
Finally, regarding the all-too-often forgotten families of
those who serve, wives of soldiers sent to war suffer
significantly higher rates of mental health issues than those
whose husbands stay home, up to 24 percent higher rates of
depression. It is clear that when a service member deploys, the
entire family deploys with them and they face their own unique
challenges.
In summary, it is clear to me that unemployment,
homelessness, and incarceration increase the risk of each
other, and are exacerbated by these other factors.
Veterans court can help. With a focus on tempered justice,
treatment and guided rehabilitation versus punishment, veterans
court offers real opportunities to stop a downward spiral for
many veterans and their families. Veterans court is modeled
after successful alternative sentencing and jail diversion
programs, like Allegheny County's mental health court, that
dramatically reduces recidivism and saves money.
The Rand study that Judge Zottola referred to points to a
key ingredient in implementing a success veterans court
program. It must, in my view, be court-directed and community-
based. Only an integrated, coordinated, multi-system
stakeholder approach with clarity of purpose and unity of
effort that places the veteran defendant at the center will be
able weave a safety net that ensures that no veteran slips
through.
I am confident that this approach can actually be extended
to a preventive model that reaches those at risk before they
encounter the criminal justice system. While there have been
discussions on veterans court in Allegheny County for some
time, a concerted effort began in January 2009 to get things
moving. Just 10 months later, on November 10, 2009--which, by
the way, was the Marine Corps birthday and the day before
Veterans Day--the first veterans court was held in Allegheny
County.
The Veterans Leadership Program provides volunteer mentors.
Mentors are another key ingredient in a successful veterans
court program. They act as coaches, advocates, and role models
to guide and support the veteran offender. Mentors listen to
concerns and make general suggestions to the system to
determine the defendant's needs. Veterans will talk to other
veterans; that bond breaks down barriers.
I understand there is opposition to this concept, but I
believe veterans do deserve special treatment for their
service. The evidence suggests that diverting eligible veterans
from the criminal justice system and providing intensive,
integrated, court-directed community-based treatments offers
far more hope in improving the lives of individual offenders,
their families, and the welfare of the larger community.
Veterans court is not a get-out-of-jail-free card, it is an
intensely supervised program of treatment and rehabilitation.
VLP is representative of the many community-based
organizations throughout the country that serve our Nation's
heroes and their families. Sadly, we are all experienced and
witnessing firsthand every day the tremendous challenges and
struggles faced by those who have served and sacrificed on
behalf of us all.
Veterans court is an opportunity to give our heroes a
chance to be safe, to recover, and to live their lives with
respect, dignity and peace. We owe them that opportunity, and I
urge you to support legislation to help create veterans courts
across the country. We owe our veterans nothing less.
Thank you again for the opportunity to come down and
testify.
Senator Specter. Thank you, Mr. Mercer.
Our final witness is Mr. Michael Danny, a 46-year-old
veteran who served in the Marines for 4 years. He currently
works as a roofer. According to the information provided, he
began drinking when he was a Marine and has had a problem with
alcohol. He has a DUI, driving under the influence, conviction.
He was involved in a series of domestic incidents. He was
referred to the veterans court. Since being referred to the
court, he's had a clean record and has stopped drinking. He has
had no further problems on the domestic relations side.
Mr. Danny, thank you for coming and sharing your
experiences with us. I have made a couple of brief comments
about your record, with your permission, but we would like to
hear from you more about your own personal experiences as a
Marine, what kind of problems that caused you which originated
from having that type of duty, and what happened with respect
to drinking and what happened with respect to charges of
domestic abuse, and how you've dealt with that in the veterans
court and how you've handled it.
So, I look forward to the testimony.
STATEMENT OF MICHAEL DANNY, VETERAN PARTICIPANT, PITTSBURGH,
PENNSYLVANIA
Mr. Danny. Thank you, Senator. I was in the Marines from
1984 to 1987. I was in the Fleet Marine Force overseas, Med
cruises, twice. This is kind of hard for me. I don't have any
papers here or anything. But I think this program is----
Senator Specter. Did you develop a drinking habit in the
service?
Mr. Danny. Yes. Yes, I did. Actually, I was young. That's
basically when I started drinking. I'm not blaming the Marine
Corps for my habit.
Senator Specter. And when you left the Marines, did the
drinking problem persist?
Mr. Danny. Yes.
Senator Specter. According to the information we have, you
had certain problems domestic relation-wise. To the extent you
care to, tell me about that as to the nature of your problem
which you have overcome. We'd be appreciative.
Mr. Danny. I was in court. I was charged with aggravated
assault and it was alcohol related. I had an option to go
through the veterans court. I personally think that it would be
good for the veterans. I mean, they've done a lot for us. At
least you could do that for them. It gives them another option,
other than just going to jail.
Senator Specter. You say other options other than just
going to jail. What kind of options do you have?
Mr. Danny. To actually get help with my problem of alcohol
through the VA.
Senator Specter. What did they do, specifically?
Mr. Danny. A lot of classes. Education, in that respect,
how alcohol relates to you and your family.
Senator Specter. Have you been able to lick your drinking
problem?
Mr. Danny. Without a doubt. It doesn't even bother me.
Senator Specter. I don't understand.
Mr. Danny. Alcohol--my using alcohol, doesn't bother me at
all.
Senator Specter. You haven't used it since how long?
Mr. Danny. It's been since November.
Senator Specter. Uh-huh. Do you think you're over the hump?
Mr. Danny. I hope so. I haven't given it another thought.
Senator Specter. Uh-huh. Well, good for you.
How about with respect to the domestic issues?
Mr. Danny. My wife's very happy--she's sitting right behind
me--as far as I understand.
Senator Specter. May the record show that the beautiful
young woman is nodding in the affirmative.
What's that on your tee shirt?
Mrs. Danny. Gateway. Gateway Basketball.
Senator Specter. OK. Gateway Basketball. I just want to be
sure I've identified the right woman.
[Laughter.]
Senator Specter. Well, thank you very much for sharing
those experiences with us.
Judge Zottola. Senator, if I may add to Michael's
testimony, his wife, who is sitting in the first row next to
the prosecutor, Deb Barnison-Lange, did call the prosecutor. In
the case of the prosecutor, she thought this would be the best
thing for her husband. The smile that was on her face in the
back of the courtroom the first day that Michael would be the
first individual in mental health court--or mental health
veterans court--entered the court, it was just--it was just
beaming. I talked with her this morning. Everything has been
going well.
I asked her how she's doing, not in Michael's presence, and
she's quite candid that he's doing well. And a little bit of an
aside. Michael is a roofer, and given the recent snows that
we've had, he's been very, very busy. So he took the day off
from work today, when he's not being paid.
Michael is due in veterans court on Wednesday for a review
as to his progress. He said to me, ``Judge, do I have to come
in on Wednesday? '' I said, ``No, Michael. I'm seeing that
you're doing well here today. You go to work on Wednesday. You
have to put food on your family's table, that's more
important.'' So that's kind of a different approach.
In a traditional approach, we might have said, ``Michael,
you've got a court date, you've got to be here''. Today, I see
he's doing well. There's no reason for me to interfere with his
life any further at this point, other than till his next review
hearing. I said, no, you should be able to go to work, you
should go to work. He's our first in a very successful veterans
court story.
Senator Specter. I want to thank you for coming in and
sacrificing your day's work here. It looks like you just made
it up.
Mr. Danny. Thank you, sir.
Senator Specter. So--like Judge Zottola.
We will now proceed with a round of questions with each of
us here on the panel taking 5 minutes.
May I begin with you, Justice McCaffery.
Justice McCaffery. Yes, sir.
Senator Specter. There has been a complaint made about
undue favoritism for veterans, that it is excessive, it's not
something that ought to be given to veterans over other people.
How would you respond to that?
Justice McCaffery. Well, Senator, as I mentioned earlier in
my opening, this is not special treatment. This is a
continuation of treatment of a wound. We see people die in
action, we see people lose limbs in action, but what we don't
see is the mental impact, the actual cognitive impairment, the
pain and stress that they're under. We feel personally that
they deserve medical treatment because it's an illness. No
matter what anyone says, it is an illness.
When an individual is brought into the veterans court
program, unlike the standard court programs where they are
basically represented by the public defender or a defense
attorney and they are prosecuted and they end up getting a
criminal record for whatever, in this particular concept the
Veterans Administration steps up to the plate.
Mr. Moreland's folks have been absolutely magnificent in
all the work. The VA is in the room. The VA representatives are
there to identify those people to give them the type of
treatment that we at the State level do not have. By that, I
mean the Department of Public welfare--they are overburdened in
and of itself.
When we now have the opportunity to bring in a Federal
asset, the Veterans Administration, with their hospitals and
all the other benefit programs that come along with it and
their staff members to help out that veteran, we are
essentially, as Judge Zottola put it, taking them out through
that sequential intercept model, getting them the treatment
that they need. And by the way, it's not just mental illness
treatment. If they're homeless, we're getting them housing. The
Veterans Administration provides housing, medical, physical,
job training.
Just last week, the veterans court coordinator for
Philadelphia County, John Moskowitz, had a meeting with the
members of the Philadelphia Bar Association, their veteran
attorneys, to also offer their services, for example, if
veterans have problems with their mortgages, on the sale side,
this is just the court's way, our way, of giving back to these
men and women who suffered as a result--as a direct result--of
their service to our Nation. So it's not like they're getting
any special treatment. They are getting special consideration
because of a service-related injury, which I feel personally is
something that they deserve, and we as a State, we as a
community, should give them.
Senator Specter. Thank you, Justice McCaffery. That is a
brilliant reply to that issue.
Judge Zottola, let me pick up on the issue of the kinds of
offenses that the court handles. Up till now, as I understand
it, they've been handling lesser offenses, minor kinds. The
issue has arisen as to whether the veterans courts ought to
handle violent crimes. Having been very deeply involved with
this, along with the mental health issues, a related field,
what's your sense as to how far the jurisdiction of the
veterans court ought to go with respect to the seriousness of
the offense?
Judge Zottola. In the team approach, the treatment court
approach to solving these problems, the District Attorney is a
very important part. They essentially act as the gatekeeper
because they have to be a willing partner here. Their duty is
to be mindful of protecting the public.
What we've been able to do with our mental health court,
and what we hope to do with veterans court, is expand the type
of crimes that we can have that would be eligible for this
court. As we've done so and the District Attorney has seen the
successes, they've been more and more willing to go from adding
just misdemeanors to misdemeanors and felonies. We now have
burglaries and arsons in our mental health court.
Senator Specter. You have arsons?
Judge Zottola. Yes.
Senator Specter. That's pretty serious, I guess.
Judge Zottola. Yes, sir.
Senator Specter. How about robbery?
Judge Zottola. We've had some robbery cases in there. There
are robberies, and there are other robberies. A robbery where
someone does it at gunpoint, it's going to be more problematic.
We take the approach in mental health court, and that's what
we'll take in veterans court, is that it depends. It really
depends on the particular circumstance of the individual. So I
see expanding in veterans court as we have, with respect to
mental health court, into more and more serious cases. There
are some that will never be eligible.
There are some cases that the person is just too dangerous
and the circumstances are too dangerous. We attempt to address
that on a case-by-case basis. There are no hard-and-fast rules
precluding many cases. I can see, for example, if someone is
charged with homicide, I can see that those are the type of
cases where public safety is just going to--so you cannot put
that person into a veterans court situation because the charge
is just far too serious.
Senator Specter. Even involuntary manslaughter?
Judge Zottola. I think, depending on the circumstances,
given the forward-looking position our District Attorney has
taken, they would sit at the table and talk about it. They
clearly would.
Senator Specter. More volatile hot-blood killings?
Judge Zottola. They would sit at the table and talk about
it. I can't say for certain, Senator, whether or not--because
if they object, sir, I think the problem is going to be that
the court will then deteriorate, because you need them as the
gatekeeper, to be willing to accept certain cases into the
system.
Senator Specter. This is just a little shop-talk between
two ex-Assistant DAs, you and me, Judge Zottola.
Judge Zottola. Yes, sir.
Senator Specter. That's why we really have interesting work
to do, not all this administration, right to trial.
The red light is on. Let me yield now to Representative
Altmire.
Representative Altmire. I want to thank all the witnesses
for your compelling testimony, and especially Mr. Danny. It is
not easy, to come with the cameras rolling, to tell your story
in a setting like this. We truly appreciate your service to the
country and the fact that you took the time from your day to be
here today.
Mr. Danny. Actually, I'm honored, if it represents all the
veterans.
Representative Altmire. Well, it made a big difference to
have you here. Thank you.
I wanted to ask Mr. Moreland in particular, given your
experience, do you believe, since your territory covers
multiple States, that this is the type of program that would
experience the same type of success in other States?
Mr. Moreland. The success of veterans court really depends
on being able to establish a partnership. Justice McCaffery and
Judge Zottola and Judge Nefeld out in Philly, it's those kinds
of personal relationships that really lead to success in this
area. So, there are other States and other individual courts
that have been having success. I think the really interesting
thing about Pennsylvania is it's truly a State-wide effort.
We're very successful in doing that. So, having people like
Veterans Leadership, Mr. Mercer, and the courts work with us as
partners has been a great part of the success.
Representative Altmire. And Mr. Moreland, could you comment
on how veterans are better served in this program locally
versus the alternatives of the normal court system, where they
would have a criminal record and go through that process?
Mr. Moreland. Well, I think, as mentioned, one of the real
benefits we have is that the VA has a very comprehensive
medical, surgical and psychiatry treatment program, so allowing
the veteran to access the benefits that they've already earned
and already deserve is a piece of this program that I find so
exciting, because there are those veterans sitting in the court
system, and if they have to rely on the court's resources,
they're sharing those resources with everyone else in the court
system. This allows them to share the resources with the other
veterans. Our services really are very, very good in this
regard, so I'm real pleased about that.
Representative Altmire. Mr. Mercer, your organization, of
course, covers services for veterans of all generations, but I
know you have particular expertise in your organization with
Vietnam veterans. I wonder if you could comment on the
experiences and the lessons that were learned with the return
of the Vietnam veterans, and perhaps what we've learned with
the Iraq and Afghanistan veterans, and how this system of court
would have made a difference in the Vietnam generation and how
we can apply those lessons moving forward.
Mr. Mercer. I think the fact that a majority of our clients
are Vietnam-era veterans says a lot. Our housing programs--we
have over 100 participants in housing programs, and many of
them are Vietnam--most of them are Vietnam-era veterans. Our
employment programs are all full as well, and most of them are
Vietnam-era veterans.
I'm afraid that we're going to learn the same lessons over
again the hard way and not take care of these veterans now when
we can, before they become repeat visitors to our program.
We've had veterans in our program for 20 years. I would love to
put a sign up on our door that we've accomplished our mission
and now we're done, that there are no homeless veterans, that
veterans are employed, that veterans are not in a revolving
door down at the Allegheny County jail, where the recidivism
rate is over 60 percent. That's the goal, is to end that
revolving door.
Representative Altmire. Lastly, Judge Zottola, I wonder if
you could comment, following up on Senator Specter's question
to Justice McCaffery, on the concern that's been expressed
about this being a different standard of justice somehow for
veterans. Given the overall context with the courts, which you
of course see every day, what is your view of that criticism?
Judge Zottola. Well, I think that the circumstances that
the veterans find themselves in, and similarly to people with
mental health and people that come into our drug court, they
have an extra factor that's involved in their situation that
may not be involved in many other people who find themselves in
the criminal justice system. We are taking into consideration
that circumstance, this particular trait, because you are a
veteran. You are a veteran with post-traumatic stress. We are
handling that aspect of how you found yourself in the criminal
justice system.
For those who say that this is a special treatment, it is
special treatment in that it is more difficult to be a veteran
in veterans court, more difficult to be a mental health person
in mental health court, because you're held more accountable.
Rather than being seen by a probation officer once a month, you
may have to come to court every other week to make sure that
they're monitoring your particular situation. So for someone to
say it's an easier time on probation, that's incorrect. It's
actually a more difficult time on probation for the person in
mental health and veterans court.
Representative Altmire. Thank you.
Thank you, Senator Specter.
Senator Specter. Thank you, Representative Altmire.
Representative Altmire. Senator.
Senator Specter. Representative Murphy.
Representative Murphy. Thank you, Senator.
Just a few things to start off with. Justice McCaffery, how
many people are we talking about, potentially, that we may need
to serve in the Commonwealth that may have problems with the
judicial system?
Justice McCaffery. Well, right now, Congressman, we're
looking at two component parts. One, again, is what's called
the intercept model, which could vary depending on the county,
of course. So as Allegheny County is No. 1, Philadelphia two,
Montgomery three, it all depends on the number of arrests. I
don't have the exact data with me of those individuals.
But there's a second component, Senator, which is the re-
entry component, where we go and we actually identify veterans
who are already in our State jails--not Federal, but State
jails--and we're trying to identify those who suffer from PTSD.
Those members--I believe Secretary Beard provided our State-
wide task force where we're trying to identify them, get them
out, and get them the treatment that they need.
Representative Murphy. We're talking about thousands,
though?
Justice McCaffery. Yes.
Representative Murphy. Thousands of veterans, et cetera.
And as this goes through, Mr. Moreland, as we're looking at
the numbers--and you and Mr. Mercer answer this too--do we have
enough providers to take care of the needs of this many
veterans who may have traumatic brain injury, post-traumatic
stress disorder, and common stress disorders?
Mr. Moreland. That's always a challenging question. You and
I have talked about this on a number of occasions. What I would
say is, today we have sufficient capacity, but that's a
changing situation. If we find more veterans, they can get
connected with us. We just had several hundred veterans in the
Philadelphia VA and in Coastal VA just this weekend, returning
Iraq and Afghanistan vets, doing their post-deployment
physicals.
We were having the Department of Defense and the VA do them
at the VA hospital so we can better connect with those
veterans. So as we find those veterans and get into an outreach
program with the court and the jails, it will be a challenge
for us to look at that. That's something we'll have to evaluate
as we move forward.
Representative Murphy. Mr. Mercer, do you think we have
enough services, and are they coordinated?
Mr. Mercer. I believe we're on the ground every day out in
the community. We're losing about--I believe that we are seeing
way too many veterans in need of homes, in need of jobs, and in
need of health care. One of the biggest issues we face, I
think, is the disparate fiefdoms that exist among the veterans'
groups, where I believe that we need to work better to get--
there needs to be an integrated, coordinated approach to
serving our veterans. The more we can do that, the better we'll
be able to serve them and solve this problem.
Representative Murphy. Mr. Danny, along those lines, I'm
wondering, as you left the Marines, as you left your duty as a
Marine and went into the community and began to experience
problems, did you slip through the cracks? Have the cracks been
identified? Were there people out there at the time? Before you
got involved with the veterans court, were there people out
there trying to help offer assistance? Did you know your way
around that network?
Mr. Danny. Honestly, I had no--I knew where the Veterans
Affairs--I never reached out. I was always trying to do it
myself the best I could.
Representative Murphy. And that didn't work out, did it?
Mr. Danny. Obviously not.
Representative Murphy. Yes, sir.
But let me just--as a person who is a psychologist, and as
a person who's a public servant, and as a person who's a
Reservist myself, I admire your courage for speaking out. I
mean, one of the things that happens in any military unit,
somebody at some point has to take the lead and stand up and
say we've got a problem here and identify it. If you don't want
to identify the problem, it's difficult. I know I once was
treating a Marine who was a veteran of Operation Desert Storm--
getting out--treatment. He finally came to terms with the
issue.
He said, you know, I was trained really well as a Marine. I
could take my gun apart and put it back together with a
blindfold on. I could do all sorts of things. I could identify
the enemy over the horizon, but I could never identify the
enemy behind my own eyeballs. He came to terms with that, and I
admire the courage to do that.
Judge Zottola, one other question. The mentors that we
assign to work with veterans. Can you give us some idea of what
their qualifications need to be? Do we have enough for them?
What do they do? How does this differ from just a parole
officer?
Judge Zottola. Well, the mentor component--the Veterans
Leadership Program through Mr. Mercer is taking the lead in the
mentor component. The theory behind the mentor is the ability
to say I've been there, I've done that. I've done it, I
understand what you're going through. Part of it is an
education process. We have those type of mentors in mental
health court because a consumer in that kind of court
understands what the person is going through.
We have a series of qualifications that the Veterans
Leadership Program has prepared for the mentors. Do we have
enough? Mr. Mercer said this morning we have 20. Just to give
you numbers, talking about numbers before, we started our
mental health court in 2001 with 16 people for over 330 clients
currently in mental health court. So that gives you a sense of
where the numbers can take off, and I think the mental health
population is far less than the veterans' population.
The numbers are both completely staggering, and we need as
much assistance with mentors--and part of the mentor program
needs to be the ability to compensate those individuals so that
it increases their self-worth and increases their value to the
community, but also recognizes that they're providing valuable
service to the rest of us.
Senator Specter. Thank you.
Justice McCaffery, I know that you might want to expand on
the previous answer.
Justice McCaffery. Senator, two things. One, Infinity
Broadcasting in Southeastern Pennsylvania, through the efforts
of Mr. Mark Rayfield, has offered public service announcements
to reach out to the veteran community to cultivate more veteran
mentors.
Two, Senator, your comment about violence in the courts--I
should say, individuals arrested for violent acts. When I was
at the Veterans Administration in Washington, DC, we had
Supreme Court justices from around the country, as well as
judges. The single component that came up of interest was, do
we bring in people that are arrested for violent acts? As the
Congressman pointed out, our veterans, our military, are
trained to be violent. That's part of our job.
As a result of it, their training comes out when they're
stressed. We're seeing, as these other judges and justices all
stress, that you cannot have a veterans court program without
bringing in individuals for violent acts, because that is a
very large component of what they're seeing out there in their
own districts.
Senator Specter. We have time for another round, but just 3
minutes for each of us.
Mr. Mercer, you made a comment about a preventative model.
What did you have in mind on that?
Mr. Mercer. Senator, one of the things we're doing at VLP
as a result of this initiative, we've been asked by the
Allegheny County jail to come in and present programming to
inmates in jail now. We've also been asked by an Allegheny
County--another community--groups to get involved with the
veterans before they enter the criminal justice system. I think
that's the key to solving the problem.
Senator Specter. We'd be interested to know what you intend
to pursue there. Prevention is certainly a laudable goal.
Mr. Moreland, I note that you are the head of the VA
institutions in West Virginia, New Jersey, and Ohio, none of
which have veterans courts. Are you going to push ahead to see
if you can get some in those other States?
Mr. Moreland. Yes, sir. Absolutely. We're meeting with
different courts in each of those States, getting those plans
pushed forward. Like I said, with Justice McCaffery, we've had
such a good partner, that we've been able to push further ahead
in Pennsylvania more quickly, but we are absolutely working in
the other States as well.
Senator Specter. Mr. Danny, what is your evaluation
generally of the advocacy and care services that you've gotten
as far as the Veterans Administration?
Mr. Danny. Very good. As far as this program, my honest
opinion, I was in a class. I go to the VA one day a week for a
class. This past week, we sat around a table and we talk about
our problems. The instructor is very good. I think so, in my
opinion. There's a guy there that's been in rehab 14 times. I
was in shock. In my personal opinion about this program, it'll
work if the individual wants it to work. I'm not saying--that's
just my personal opinion.
Senator Specter. Let me ask both Judge Zottola and Justice
McCaffery the same two-part question in conclusion. That is the
desirability of having these veterans courts in other
counties--see fit, depending upon the size of the county and--
--
And the other question relates to whether there can be a
sufficient basis for Federal involvement, to have Federal
courts--have veterans courts within the Federal system.
Why don't you start, Justice McCaffery.
Justice McCaffery. I think, as I mentioned, the re-entry
program concept could work in the Federal system. Obviously a
Federal court--Federal prisons are, I believe, in my
understanding, filled with a lot of veterans. They can create
programs at that level to identify the veterans incarcerated in
Federal State--I'm sorry, in the Federal prisons and get them
out.
As far as Pennsylvania is concerned, there are 17 mental
health courts, I believe--is that correct--across our State
right now. Seventeen. I anticipate at least 17 veterans court
programs.
But Senator, as I mentioned earlier, for every court
program that we open, the president judge of each county has to
come forward and seek, not permission, but ask for the creation
of the program. What you run into, is they have to take their
DA, their defender, their judge, and other staff personnel away
from their day-to-day duties, so that means that the work that
they were doing is now passed on to others.
So some counties are reluctant to do so because they're
stressed out. We need support so that we can go into these
counties and say we're going to be able to help you out with
additional prosecutors, defense attorneys, et cetera, et
cetera. That's the only hindrance that I'm seeing right now.
The VA can handle just about everything that we're throwing at
them right now.
Senator Specter. Judge Zottola.
Judge Zottola. Senator, I would echo Justice McCaffery's
sentiments. The beauty of the sequential intercept model is,
there is a place in that model for every different county. A
smaller rural county, rather than maybe having a veterans
court, you have a specialized probation officer to deal with
veterans issues. Philadelphia is concentrating on a re-entry.
That's the fourth level of the sequential intercept model. Re-
entry is very important. That can take place in the State, as
well as the Federal, system. Having to plan for someone, this
is where you're going to live when you get out, this is what
you're going to be doing, is extremely important. So I think it
will work at the Federal, as well as the State, system and in
different points of that intercept, sir.
Senator Specter. Representative Altmire.
Representative Altmire. Justice McCaffery, there's probably
nobody in Pennsylvania, and maybe in the country, who has more
of an expertise and level of experience with the specialty
courts than you do, including the unique Philadelphia Eagles
court.
Justice McCaffery. Well, I'm also a Steelers fan now.
Representative Altmire. That's right. That's right.
I want to ask, in that context, what you felt with regard
specifically to veterans courts and the level of
appropriateness that those courts would apply to veterans in
cases that we're talking about, specifically the impact on
recidivism, but also taxpayer dollars and what it means for the
rest of the court system, which you see every day. When you
remove these cases from the system, what's the impact on the
courts generally, and also on taxpayer dollars?
Justice McCaffery. Congressman, I am a firm believer in
problem-solving courts. Why? Because it takes so many cases out
of the mainstream court process. By that I mean, instead of
having, say, 2,000 cases coming to the various court programs
in a year, we're down to 800, which makes it more manageable.
One, we are at a point right now of stretching our prisons, our
jails, and our support apparatus to the very 9th degree. We can
no longer continue to keep putting people in jail. It's just
not cost effective.
We need to figure out alternative ways to handle it both
through the mental health area, or gun courts, for example, or
DUI courts. These are novel approaches that Pennsylvania
started back in the 1990's. They're working and saving us a lot
of money. It's so much cheaper to keep people out of jail than
to put them in jail. We all know that.
I think that right now, with the problem-solving concept
that Pennsylvania is embracing, with the help of a lot of other
groups, we're saving the taxpayers money. Most importantly--and
Secretary Beard will attest to this--the more people we
identify in our jails, to get them out and get them into our
various programs, we're getting them back with families. That's
an important part of this whole thing, get them back to their
families.
The legal community is willing to step up right now and
help with job training, help them clear up their credit card
debt, help them clear up their mortgages and give folks a
really increased feeling of self-worth if you will. It's just a
way to have self-respect. It's the right thing to do, and it's
cost effective.
Representative Altmire. Thank you.
No further questions.
Senator Specter. Thank you, Representative Altmire.
Representative Murphy.
Representative Murphy. Thank you.
I just have one quick question. Judge Zottola, I want to
ask you a couple of word associations, and you tell me how you
think this is working for the courts. Are the courts softer on
veterans, tougher on veterans than other courts? What do you
think?
Judge Zottola. I think that they--as I've said before, the
requirements to successfully complete a veterans court program
are more rigorous than the normal requirements of probation. A
probation officer might see the probation person once a month,
we may see a person that's in veterans court twice a month.
There are specialized mentors, where they assure that they
call them once a week to make sure you're going to treatment,
you're taking your meds. They're being watched more than a
regular person on probation, so I think that it is more
rigorous for them. So we're not being softer on them, I think
we're being tougher on them.
People envision the opposite. They say, oh, boy, you're
going to be in mental health court, it's a walk in the park for
you. You're going to be in veterans court, it's a walk in the
park for you. It's actually the opposite, because they make you
go through more hoops because they recognize that you have an
added component that put you in the middle of the criminal
justice system.
Representative Murphy. Uh-huh.
Mr. Danny, what would you say to that? Is the court softer
on you or are they tougher on you, the mentors and----
Mr. Danny. Exactly what he said. It's real time-consuming,
going to all the classes and trying to balance into my week. I
work like 60 hours a week some weeks. And he's right, it's not
easy.
Representative Murphy. Justice McCaffery, you had mentioned
about our justice system and our jails are full. What's
cheaper, putting them in jail or having veterans courts? Even
with all these wrap-around services and coordinated care, it's
a lot of time and professionals. What's cheaper?
Justice McCaffery. Well, Congressman, I can tell you that
from our mental health courts, for example, people with mental
illness who are sentenced to jail serve far more time in jail
than people who don't have a mental illness. That's a fact. So,
therefore, they're spending a longer period of their sentence
incarcerated. The same thing applies to our veterans. So, it's
just a more cost-effective way of dealing with it.
As I said before, recidivism is a very important part to
take into consideration, all these people who are repeat
offenders. If these programs are helping them get back on their
feet so they're not getting re-arrested and re-arrested, if
they're not going back to the street corners and self-
medicating with street drugs, alcoholism, domestic violence,
it's a win-win for society.
Representative Murphy. Thank you.
Senator, if I can be so bold as to speak for the
Congressional delegation, which you know well, I don't think
there's one among us who would not be supportive of this and
appreciative of the leadership in this. As a person who has
done internships in prisons, I've worked with many veterans and
people over the years, and we need special programs like this.
They're effective, they're cost efficient. Quite frankly, for
those who fought for our Nation with courage, they should not
have to fight the system and be discouraged.
I thank you very much for your time.
Senator Specter. Thank you, Representative Murphy.
And concluding comments, Representative Altmire.
Representative Altmire. No, sir.
Senator Specter. Any concluding comments, Representative
Murphy.
Representative Murphy. No.
Senator Specter. Well, I thank you gentlemen for coming in
here today. I believe that this is a very good approach. It
falls in line with what efforts have been made for three
decades now on what used to be called pre-indictment probation,
now called Accelerated Rehabilitative Disposition. There may
not be many people who can tell you what ARD stands for.
Just a thimble of history. I had an Assistant DA, Alan
Davis, who came back after lunch with a voluntary defender in
1970, and said we've struck a way to move a lot of cases from
the backlog. The--Judge Sidney Hoffman. You remember Sidney
Hoffman, Justice McCaffery, on the Superior Court? Judge
Hoffman came in and said a word. He wore a business suit. He
brought in individuals who were charged with non-violent
offenses. The theme was that if they stayed out of trouble for
a year, their record would be expunged. If they got into
trouble within a year, they'd face the initial charge and the
subsequent charge.
I appeared before the Supreme Court of Pennsylvania in
chambers, the first time I was ever back there in those lofty
chambers in the Supreme Court of Pennsylvania, behind the
fourth floor courtroom. The justices were mad at me at that
time. I'd taken some appeals from sentences, which--they are
now. But they thought I was a little too critical of some of
the Common Pleas judges in Philadelphia, but at any rate, they
approved the system and became a great success.
That has been formalized in the Pennsylvania Rules and
Criminal Procedures as ARD and is now a national model. I think
that the mental courts are in the same vein, and the courts for
veterans are the same way. I think you have a national model
here which ought to be emulated. In looking at the program, I'm
going to co-sponsor Senate bill 902, which calls for $25
million over 5 years to develop veterans courts around the
country and take a look at the issue of Federal court
jurisdiction. This is an idea of real service. I think
Representative Murphy puts his finger on the less
expensiveness, and Representative Altmire on the efficiency of
where we're heading here. You are a good Exhibit A. Of course,
there's Exhibit A----
Well, thank you all for coming in. That concludes our
hearing.
[Whereupon, at 11:40 a.m. the hearing was concluded.]
[Submissions for the record follow.]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]