West Michigan Regional Veterans Treatment Court

West Michigan Regional Veterans’ Treatment Court Referral Form

INSTRUCTIONS AND INFORMATION SHEET FOR THE WMRVTC REFERRAL FORM

1. Program design: The West Michigan Regional Veterans’ Treatment Court (WMRVTC) is only for veteran of the Armed Forces of the United States as defined by MCL 600.1200(a). The WMRVTC is a court- supervised program coupled with intensive treatment and supervision for non-violent criminal offenders as defined by MCL 600.1200(m). It is designed to address those who are committing criminal offenses due to injuries that were incurred through military service.

This is a voluntary program that includes bi-monthly court appearances before the WMRVTC presiding judge. It also involves drug and alcohol treatment, random weekly drug testing, counseling, educational classes and community supervision. The program is broken into four phases. The Veteran must complete all four phases successfully to graduate. The program requires a minimum of 18 months of participation.

2. Eligibility: Every referral will be screened for the following criteria:  Meet the definition of “Veteran” under Chapter 12, Section 1200(j) of the Michigan Veterans Treatment Court statute.  Diagnosed with a moderate or severe substance disorder or have a like diagnosis under ASAM and/or exhibiting symptoms of a physical and/or mental illness resulting from military service.  Must be charged with a misdemeanor of felony offense that relates to a condition or injury related to military service.  Must be an adult (17 years or older).  Must live in Allegan or Van Buren Counties and are being charged with an offense in Allegan or Van Buren Counties (exceptions for residency have been made for those living within one mile for the respective county lines and do not have a Veterans Treatment Court in their county).  Must plead guilty to the instant offense.  Must meet MCL 600.1200(m) standard excluding violent offenders, which is defined as .  Must not have gone through a Veteran Treatment Court in the past.  Must be physically and mentally capable of fulfilling program requirements.

3. Ineligibility: Referral may be rejected because of the following criteria:  The Veteran does not have an injury or condition that can be attributed to his/her military service.  Charges pending in another jurisdiction that would restrict participation in the WMRVTC.  Service members facing criminal charges or probation violations in another jurisdiction of this state if the service member otherwise qualifies for the WMRVTC and the jurisdiction in which the offense was to have been committed does not have a Veterans’ treatment court may be eligible. The transfer of the service member’s case may not occur if the service member, defense attorney, presiding judge, prosecutor from the originating court and the judge presiding over the WMRVTC agree.

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INELIGIBLE OFFENSES  Accosting, Enticing, or Soliciting a Child for  Explosive Devises, Construction, Use, Possession Immoral Reasons (MCL 750.145A) (MCL 750.211a)  Assaulting with Intent to Commit Criminal  Extortion (MCL 750.213) Sexual Conduct (MCL 750.479a(6))  Felonies Assault (when a firearm is involved)  Assaulting with Intent to Commit Felony (MCL (MCL 750.82) 750.520G)  Felonious Driving (MCL 750.191)  Assaulting with Intent to Commit Murder (MCL 750.87)  Fleeing & Eluding, 4th Degree (MCL 750.479a(2))  Assault with Intent to do Great Bodily Harm  Fleeing & Eluding, 3rd Degree (MCL 750.479a(3)) (MCL 750.84)  Fleeing & Eluding, 2th Degree (MCL 750.479a(4))  Assault with Intent to Maim (MCL 750. 89)  Fleeing & Eluding, 1sr Degree (MCL 750.479a(5))  Assault with Intent to Rob or Steal, Unarmed  Gross Indecency Between Males (MCL 750.338) (MCL 750.88)  Gross Indecency Between Females (MCL 750.338(a))  Assault with Intent to Rob or Steal, Armed  Gross Indecency Between Males and Females (MCL (MCL 750.89) 750.338(b))  Attempt to Murder (MCL 750.91)  Home Invasion, 1st Degree (MCL 750.110a(2))  Bank, Safe or Vault Robbery (MCL 750.531)  Home Invasion, 2nd Degree (MCL 750.11a(3))  Burning of Other Real Property (MCL 750.73)  Inciting a Riot (MCL 750.542)  Burning of personal Property over $200 (MCL 750.7(c)  Jail Breaking-Armed (MCL 750.197) or (d))  Kidnapping (MCL 750.349)  Careless Use of a Firearm to Kill (MCL 752.861)  Malicious Destruction of Police/Fire Dept. Property  Carjacking (MCL 750.529a) (MCL 50.377b) st  Child Abuse, 1 Degree (MCL 750.136b(2))  Manslaughter (MCL750.321) nd  Child Abuse, 2 Degree (MCL 750.136b(3))  Mayhem (MCL 750.397) rd  Child Abuse, 3 Degree (MCL 750.136b(4))  Murder, 1sr Degree (MCL 750.316) th  Child Abuse, 4 Degree (MCL 750.136b(5))  Murder, 2nd Degree (MCL 750.317)  Criminal Sexual Conduct, 1sr Degree (MCL 750.520B)  Negligent Homicide (MCL 750.324) nd  Criminal Sexual Conduct, 2 Degree (MCL 750.520C)  Offense by Sexual Delinquent (MCL 750.61a) rd  Criminal Sexual Conduct, 3 Degree (MCL 750.520D)  Riot (MCL 750.541) th  Criminal Sexual Conduct, 4 Degree (MCL 750.520E)  Robbery, Armed (MCL 750.529)  Criminal Sexual Conduct, Second or More Offenses  Robbery, Unarmed (MCL 750.530) (MCL 750.520F)  Sodomy (MCL 750.158)  Child Sexually Abusive Material/Activity-  Stalking, Aggravated (MCL 750.411i) Distributing/Promoting (MCL 750.145C3)  Use of Internet to Exploit or Solicit a Minor (MCL  Child Sexually Abusive Material-Possession (MCL 750.145d) 750.145C4) U45  Domestic Assault- 3rd Offense (MCL 750.81(4))

4. Referral process: The Referral Form must be submitted to the 57th District Court or the WMRVTC Case Manager. 57th District Court Troy McCabe 113 Chestnut St, 3255 122nd Ave, Suite 200 Allegan, MI 49010 Allegan, MI 49010 Fax: 269-686-4642 [email protected] Phone: 269-673-0366 Phone: 269-673-5333 EXT 4703

The case manager will verify VA eligibility with a Veterans Justice Outreach Specialist at the VA and call the Veteran to coordinate a date and time to conduct the initial intake interview. During this interview basic information will be recorded, a copy of the Veteran’s DD Form 214 will be retained by the case manager (if one was not already provided) and the Veterans current situation as well as military service will be discussed.

Because the WMRVTC strives to intervene quickly and early on in the legal process, the team will work diligently to assess and make a determination regarding eligibility as quickly as they can.

5. Attachments to the Referral Form: A copy of the Veteran’s DD Form 214 as well as any supporting documents from care providers outside of the VA should be attached if available at the time the referral form is submitted.

6. Notification of Determination: Once a determination has been made the case manager will send a determination letter to the referral source and call the Veteran to inform both parties of the team’s decision. Referrals that have been accepted into the WMRVTC should expect to appear at the next court review hearing.

7. Sentencing into the WMRVTC: The Veteran can be sentenced into the WMRVTC by the presiding judge in Allegan or the judge transferring the case in the originating jurisdiction. Before sentencing the WMRVTC must have the following documents:  Waiver of Rights (provided by the WMRVTC)  WMRVTC Participant Pledge  Advice of Rights  Plea Agreement (if applicable)  Phase Responsibility Contract- Phase I  Amended Complaint (if required)  The case file from the transferring county (for all cases outside of Allegan County)

Referral Information

Referred By ______Referral Source ______Referral Date ______

Phone number ______County: Allegan Van Buren Other ______

Defendant Information

Name ______Phone Number ______DOB ______

Street Address ______City ______Zip Code ______

Branch of Service Marine Corps Army Navy Air Force Coast Guard National Guard

Discharge Status: Honorable General Other Than Honorable Bad Conduct do not know

Total consecutive months served on active duty ______Case Number ______

Charges leading to WMRVTC referral (all pending charges that lead to referral):

Estimated sentencing guidelines:

Plea Agreement (if applicable):

For VA use Eligible Ineligible Comments:

For WMRVTC use Approved Denied Comments:

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