Essential Characteristics of VTC Programs

I could have been Roe, Daniel Joseph, a United States Marine Corps veteran who died June 29, 2023, from a drug overdose only six-days after being released on bail from the Tarrant County jail in Fort Worth, Texas. That’s where I first met Roe with the standard greeting, "Welcome to the MVP!" -- an acronym for the jail's Military Veterans Program. 

A show case program established in 2017 by the patriotic, Tarrant County Sheriff Bill Waybourn, the MVP houses twenty-four inmate-veterans who volunteer to participate in a military-discipline-like and programmatic environment. Confined separate from the general jail population, most of MVP veterans are awaiting the final disposition of their misdemeanor or felony cases. Of those who not been convicted of any crime, they are "presumed innocent" by the criminal justice system – as was Roe. 

Not to be confused or associated with the Veterans Treatment Court (VTC) program, established by the Texas legislature in 2009, the MVP offers community resources and "reality = expectations" based classes facilitated by local volunteers, organizations, and agencies, including the Department of Veterans Affairs. The level of support and encouragement given to MVP veterans helps to refocus on what we lost because of our mistakes and involvement with the criminal justice system: Duty, Honor, and Country. 

As veterans, we are truly blessed—as was Roe, who was teaching me yoga. During our early morning sessions, we began learning about each other and our similarities. Roe, an MP in the Corps, was struggling with both the recent death of his wife and his drug addiction. Obviously, Roe was suffering from mental health problems – as did my military buddy, PFC Elliott. 

In 1976, PFC. Elliott was a Vietnam U.S. Army combat soldier suffering from PTSD. I didn’t know about PTSD back then and the Army wasn’t acknowledging it as much as it should have. Refused a discharge, Elliott committed suicide - did Roe? With the help of therapy, I know that I am not responsible for Elliott's death, but I still cannot help feeling bad because I did not understand his mental health disorder, thus lacking the ability to help him.

Today, I find purpose in giving back by being of service to veterans. Helping others helps me in my recovery to end my own struggle with addiction – like Roe.

During my "tour" in the MVP, I had the honor to meet many great veterans; heroes who proudly served and sacrificed for 'the land of the free and home of the brave,' many in combat during the OIF/OEF/OND campaigns. As their advocate, I started the "Rashawn Williams Initiative"[1] -- a grassroots project to bring awareness to the Veterans Justice Outreach Improvement Act of 2021, by addressing legal "barriers that exist to increasing access" to the VTC program by justice-involved veterans (JIV).  

As part of the Rashawn Williams Initiative, I prepared a legal motion for MVP veterans wanting to participate in the VTC program established in Tarrant County. I prepared such a motion for Roe.

Contrary to an "essential characteristic" of the VTC [2], Roe, like others, was not identified early and promptly placed in the VTC program [3][4]. Consequently, after waiting without any word nor acknowledgment, Roe lost hope and bailed out of jail/MVP. Six days later, he died.

I could have been a dead Marine... 

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[1]. Rashawn Williams is a highly decorated combat veteran with three enlistments. In his first involvement with the criminal justice system for domestic violence, he was denied veterans treatment court despite being a poster-child candidate.

[2]. See Tex. Government Code Ann. Sec. 124.001(a)(3)("In this chapter, 'veterans treatment court program' means a program that has the following essential characteristics: [...] early identification and prompt placement of eligible participants in the program[.]"

[3]. See, Judge Robert T. Russell, Veterans Treatment Court: A Proactive Approach, 35 New Eng. J. on Crim. & Civ. Confinement 357, 365-66 (2009)(“Early identification of veterans entering the criminal justice system is an integral part of the process of placement in the [VTC] program. It creates an immediate crisis and can compel recognition of inappropriate behavior into the open, making denial for the need of treatment difficult for the veteran.”). See also, LeRoy J. Kondo, Advocacy of the Establishment of Mental Health Specialty Courts in the Provision of Therapeutic Justice for Mentally Ill Offenders, 28 Am. J. Crim. L. 255, 299 (2001)(recognizing “early identification” as a factor of successful jail diversion programs).

[4]. See also, Honoring Service, Advancing Safety Supporting Veterans From Arrest Through Sentencing, Council on Criminal Justice (CCJ), Veterans Justice Commission (2023) (report on how to "improve identification of veterans when they come in contact with the criminal justice system).