A. Creation of Specialized Docket - "Veterans’ Court"
A. CREATION OF SPECIALIZED DOCKET – “VETERANS’ COURT”:
Veterans’ Court is created pursuant to the specialized docket standards set forth in Sup. R.
36.20-36.28, including Appendix I. The purpose of Veterans’ Court is to facilitate efficient
and effective treatment of eligible veterans suffering from drug addiction or mental health
issues. Eligible offenders shall be supervised by the Probation Department to ensure
compliance with community control sanctions and to assist with criminogencic needs.
B. Veterans’ Court Team
B. VETERANS’ COURT TEAM:
The “Veterans’ Court Team” shall consist of the Judge assigned to Veterans’ Court
(“Veterans’ Court Judge”), Adult Probation Department staff, Probation Officers, licensed
treatment providers, community based employment program personnel, the Veterans’
Justice Outreach Coordinator, the Assistant Prosecuting Attorney, and Defense Counsel.
The Veterans’ Court Team shall convene bi-weekly to discuss the progress and status of
individual offenders, apply sanctions as needed, and for any other matters.
C. Eligibility Criteria for Veterans’ Court Admission
C. ELIGIBILITY CRITERIA FOR VETERANS’ COURT ADMISSION:
1. The assigned Judge may order a defendant to Veterans’ Court through a guilty or no
contest plea, probation violation, judicial release, other early release options, or ILC.
2. In order for a defendant to be eligible for Veterans’ Court the defendant shall:
a. Be amenable to community control;
b. Be charged with a third, fourth, or fifth degree felony (Felonies of the first and
second degree will be determined on a case by case basis by the Veterans’ Court
c. Be a resident of Ohio;
d. Have received an Honorable or General (Under Honorable Conditions) discharge
from the United States Military;
e. Have a chemical abuse or mental health condition in which the defendant’s current
or past criminal behavior has been alcohol or drug driven; and
f. Demonstrate a sincere willingness to participate in a long-term treatment process.
D. Referring Defendants to Veterans’ Court
D. REFERRING DEFENDANTS TO VETERANS’ COURT:
1. Veterans’ Court receives referrals from the assigned Judge. The Veterans’ Court Team
shall review the case for legal and clinical eligibility as identified in Subsection (C)(2)(a)-
(f) of this Rule.
2. The assigned Judge shall have final discretion to decide if the defendant is ordered to
After a defendant is ordered to Veterans’ Court as a community control or ILC sanction,
along with any other appropriate sanctions, the case shall be transferred to the Veterans’
Court Judge for any and all further court proceedings. The Veterans’ Court Judge shall have
the authority to conduct arraignments, accept pleas, enter findings and dispositions, revoke
community control or ILC, and order or modify community control or ILC sanctions.
F. Treatment Phases
F. TREATMENT PHASES:
Veterans’ Court offenders shall be required to complete phases of treatment as individually
necessary and complete all other requirements as identified in the Veterans’ Court
Participant Handbook and the Veterans’ Court Participation Agreement. Veterans’ Court
offenders shall comply with all the rules indicated to them by the Veterans’ Court Judge at
their initial appearance. While in Veterans’ Court, the offender shall receive services to
assist in meeting criminogenic needs. Upon graduation from Veterans’ Court, the offender
may be required to remain under community control or ILC sanctions to ensure continued
compliance and success.
G. Sanctions for Non-Compliance
G. SANCTIONS FOR NON-COMPLIANCE:
Sanctions for a Veterans’ Court offender’s non-compliance vary in intensity and may
include, but are not limited to, the following:
1. Warning and admonition from the Veterans’ Court Judge;
2. Demotion to an earlier Veterans’ Court phase;
3. Increased frequency of drug or alcohol testing and court appearances;
4. Increased supervision contacts and monitoring;
5. Community service or work program;
6. Jail or out of home placement;
7. Community control or ILC violation;
8. Termination from Veterans’ Court; and
9. Commitment to S.T.O.P., the MonDay Community Correctional Facility, or any other
community based facility approved by the Court.
H. Unsuccessful Terminations
H. UNSUCCESSFUL TERMINATIONS:
1. Reasons for termination from Veterans’ Court include, but are not limited to:
a. Failure to remain clean from illegal substances or alcohol;
b. Violation of the General Conditions of Supervision;
c. Violation of any community control or ILC sanctions; and
d. Failure to comply with the Veterans’ Court Participation Agreement or any other
orders of the Veterans’ Court Judge.
2. If an offender is terminated from Veterans’ Court for reasons stated in Subsection (H)(1)
of this Rule, or for any other reason as determined by the Veterans’ Court Judge, the
offender may be subject to a community control or ILC revocation hearing.
3. If a hearing is required pursuant to Subsection (H)(2) of this Rule:
a. The Veterans’ Court Judge shall adjudicate the proceedings;
b. The offender may have his or her community control or ILC sanctions modified.
Modifications may include, but are not limited to, commitment to a CBCF,
revocation of community control or ILC, or termination from Veterans’ Court;
c. The Veterans’ Court Judge shall have the sole discretion to refer an offender to the
original assigned Judge for further proceedings; and
d. The laws governing revocation apply, and the offender has a right to counsel.
I. Statistical Reports
I. STATISTICAL REPORTS:
For purposes of Supreme Court statistical reports, the case shall be considered disposed by
the assigned Judge when the defendant is sentenced to Veterans’ Court or the defendant is
ordered into Veterans’ Court as a condition of ILC.