By Grace Yurish
During the 2024 Legislative Session, Governor Chris Sununu signed House Bill 1589 into law, which created a new specialty court program in New Hampshire: the veterans treatment court. Much like the current drug courts and mental health treatment courts, this new program will offer an alternative sentencing track for military veterans in the Granite State.
The idea for this legislation emerged after two of the bill’s sponsors, Representative Michael Moffett and Representative Robert Lynn, attended a conference for the National Convention of State Legislators in Florida to learn about experiences of other states.
“The veterans court option that several states have put into place simply was intended to provide judges with a sentencing option for certain types of crimes where veterans have been found guilty,” says Moffett, a Marine Corps Veteran and current chair of the House Committee on State-Federal Relations and Veterans Affairs.
“The idea is to provide the same kind of focus on the special circumstances in terms of providing appropriate treatment for veterans who have either a substance abuse or mental health problem and run afoul of the criminal justice system and try to get them into an appropriate treatment program that is focused on their needs,” says Lynn, a former New Hampshire Supreme Court Chief Justice and the current chair of the House Judiciary Committee.
The first veterans treatment court was established in Buffalo, New York, in 2008. As of 2021, there were more than 600 programs like it across the country, including in New Hampshire.1
According to the New Hampshire Department of Military Affairs and Veterans Services (DMAVS), in 2014, the Ninth Circuit Court Nashua District Division established the state’s first veterans track program. Today, six veterans tracks operate in Grafton, Hillsborough, and Rockingham counties, “to emphasize veterans’ military values and strive to hold participants accountable for their behavior, while also encouraging the individual to engage in behavioral health treatment.”
HB 1589 mandates a veterans treatment option in every county, ensuring all justice-involved veterans statewide can access this alternative sentencing program.
“Not everybody is going to qualify based on what they do,” DMAVS Deputy Adjutant General Warren Perry said during the bill’s public hearing in front of the House Judiciary Committee. “The benefits are we reduce recidivism and costs because we’re not housing people in our facilities. We find these alternative sentencings come with conditions and if they meet the conditions, we generally find a permanent change in behavior.”
The bill notes that misdemeanor and felony offenses would be eligible. A veteran may qualify for the program if they have experienced military sexual trauma or a service-related mental condition, brain injury, substance use disorder, or psychological disorder.
“I have worked with and know many veterans who have done well after they’re out of active duty, and some of them not so well,” Moffett says. “The PTSD and substance abuse are very significant. Some of these people were impacted by things they have seen and experienced during their service.”
According to the US Department of Veterans Affairs, more than half of justice-involved veterans have substance use disorder or struggle with their mental health. These conditions can lead to violent behavior, inability to maintain stable relationships, and depression, which could increase involvement with the criminal justice system.
Statewide Treatment Court Coordinator Alex Casale says that the veterans court will differ from other treatment courts in the state, with more individualized rehabilitation plans.
“The target population isn’t necessarily designed for just one specific need like substance use disorder,” he says. “Because the veterans courts take in different populations, they may not all fit the same risk/need profile. Their treatment plans vary and are different from person to person. Some of them might need treatment for anger management, depression, or PTSD.”
The program will incorporate mental health services and drug and alcohol treatment, requiring participants to be drug tested often. Participants will frequently check in with a judge to confirm compliance with treatment and receive support when needed.
“The most fundamental goal is to get a veteran, who has run afoul of the law in some fashion, back into the mainstream of society so that they don’t offend again and so they can go on with their lives,” Lynn says. “I think this is beneficial not only to the veteran, but to society generally because they’ll have another productive person as opposed to committing further crimes.”
When a veteran successfully completes their treatment plan, they could avoid conviction, have the charges dropped, receive a suspended sentence or probation instead of serving time, or have a reduced period of incarceration. Additionally, successful participants can also apply for annulment of their charges after one year.
The bill also establishes the need for a Veterans Court Coordinator within the Administrative Office of the Courts to implement the program, ensure consistency throughout the state, and measure success.
“Success will be measured in a couple of different ways,” Casale says. “The easiest is whether the person successfully completed the program. Beyond that, do they recidivate? Do they go back to what they were doing that led them to the program?”
There are other benchmarks within the program that can measure success including less frequent positive drug tests, increased engagement, spending less time in jail, and obtaining employment and housing.
The number of participants in the veterans court will vary based on the location and size of the jurisdiction. Casale estimates larger counties could see between 10 and 25 veterans, where smaller ones could be between five and 10. Many are working to ensure a smooth implementation to the court system for when the program goes into effect on July 1.
“The veterans court option is not to excuse any crime or criminal behavior,” says Moffett. “People need to have consequences for their actions. That said, the issues that manifest themselves due to military experiences put them in positions where they may need some treatment and attention short of being locked up.”
Endnote
- ncsc.org/information-and-resources/trending-topics/trending-topics-landing-pg/veterans-treatment-courts-continue-to-grow.