San Mateo County Veterans Treatment Court and Military Diversion

Both programmes are collaborations of the Superior Court, the District Attorney, the Private Defender Program, Behavioral Health and Recovery Services, VA and the Probation Department, under the State statutes on military diversion and treatment (Penal Code sections 1001.80 and 1170.9); see the California entry. A defendant can tell the court about service on Judicial Council form MIL-100. Military Diversion (since January 2016). Pre-plea diversion for current or former members of any branch charged only with misdemeanours. The court must find sexual trauma, traumatic brain injury, PTSD, substance use or a mental health condition resulting from service. The discharge may be honorable, general or other than honorable, and VA eligibility is preferred but not required: a participant without it is assessed by Behavioral Health and Recovery Services and uses Medi-Cal or private insurance. Serious offences and sex or gang registration exclude. It runs 12 to 24 months, with reviews every two or three months; on completion the case is dismissed and sealed, and fines and fees other than restitution are waived. Referrals usually come from arraignment but can be made at any point before a plea. Veterans Treatment Court (since May 2012). Post-plea, with intensive probation supervision, monthly court reviews, VA services and a veteran mentor, for 12 to 24 months. Probation's criteria: current or former military membership and eligibility for VA benefits; PTSD, traumatic brain injury, sexual trauma, substance abuse or another mental health condition stemming from service; and eligibility for probation. A dishonorable discharge, sex or gang registration, or a current offence causing death or great bodily injury excludes. Participants accept up to ten days' jail at a time for rule breaches without a hearing. Graduates may have fines reduced, probation ended early, and the conviction expunged or dismissed. The VA test is the county's own. Penal Code section 1170.9 lets a court order treatment for any veteran whose offence relates to such a condition from service, without VA eligibility, and Military Diversion takes such veterans for misdemeanours. A felony defendant who is not VA eligible should ask through counsel. How to refer. Send the Veterans Treatment Court referral form to Probation, Attn: Veterans Treatment Court, 400 County Center, 5th Floor, Redwood City 94063, fax 650-363-4829, or call 650-363-4244.