The First Circuit Court's Veterans Treatment Court in Honolulu takes veterans charged with eligible Class B or C felonies, and some family abuse charges, into a programme of at least 24 months with VA treatment, mentors and weekly court. Any service counts under HRS 363-1, with no discharge test; violent and sex offences are excluded.
Also called: veterans treatment court, veterans court, VTC, First Circuit, Judge Malinao, Oahu, Kaahumanu Hale, felony, HRS 363-1, mentor.
The Hawaii State Judiciary started its Veterans Treatment Court in the First Circuit, which is Oahu, in 2013, and added one in the Third Circuit (Hawaii County) in 2014. It is a State court programme; there is no Hawaii statute for veterans courts, so the court's own rules decide admission.
Who it serves. The court defines a veteran by HRS 363-1: anyone who has served in any of the armed services of the United States, or a U.S. citizen who served in the forces of an ally in a war or campaign the United States fought. The referral process also quotes the federal definition, discharge under conditions other than dishonorable, but sets no discharge test of its own, so a veteran with any discharge can ask to be screened. The veteran must be on a diversionary programme, pending a change of plea or sentence, or on probation or deferral, and charged with an eligible Class B or C felony not carrying a mandatory prison term, or with abuse of a family or household member under HRS 709-906, which is considered case by case.
Exclusions. Violence, sex offences, and Class A felonies. The referral guide's exclusion list also names "Class A or B felonies and above" while its eligibility list admits Class B felonies; it says every Class B or C felony is weighed by the team case by case.
The programme. Four phases over at least 24 months, including six months of community transition, with drug testing, treatment through VA and community providers, a volunteer veteran mentor, and court every week in phase one, then every two, three and four weeks; Friday sessions at 2 p.m. Participants pay the treatment agencies' fees, which can be reduced or waived on ability to pay, and must have six months clean and fines paid to graduate. The presiding judge is Judge Clarissa Y. Malinao.
How to get in. A defence attorney or the deputy prosecutor makes the referral, by track, and the court's supervisor screens the veteran. Coordinator: (808) 441-8914; First Circuit Court, 777 Punchbowl Street, Honolulu.
Thresholds
Thresholds for Oahu Veterans Treatment Court (First Circuit Court)
Gate
Rule
Any veteran charged on Oahu with an eligible offence
Any service under HRS 363-1, with no discharge test; an eligible Class B or C felony or a family abuse charge, and no violent or sex offence. No rating is needed.
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Disclaimer
VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.