A new court process designed to assist veterans suffering from psychological issues is the first of its kind in a rural area that aims to get veterans the help they need in lieu of sending them through the prison system.
"The veterans court programs that have been established are all in urban areas where there are large numbers of troubled veterans and where treatment resources are focused," program founder and 8th Judicial District Judge Jon Stafsholt said. "No program existed in a rural area, so I decided to look into the possibility of finding a way to reach veterans who are returning to the small towns in my judicial district."
In its early stages, the court being designed by Stafsholt is not a full-fledged veterans court. The goal, he said, is to establish a process whereby individual judges can deal with veterans suffering from Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI). Depending on the numbers of veterans coming to the court, there is a possibility that a request will be made to the Minnesota Supreme Court Judicial Council for approval of a formal veterans court.
A recent study by the Rand Corporation estimates that as many as 1 in 5 returning veterans of the Iraq and Afghanistan wars return with symptoms of post-traumatic stress disorder or depression. According to Stafsholt, many do not get the treatment they need for their illnesses. The illnesses can land the veteran on the wrong side of the law, he said.
"Because of the number of explosive injuries in Afghanistan and Iraq due to IEDs, many veterans experience physical injury to their brains because of the concussions," he said. "These veterans often experience uncontrollable rage, and this gets them in trouble with the law."
As a judge, Stafsholt said he views himself more as a problem-solver than a disciplinarian. The line of thinking let him to explore other options for returning soldiers coming through the court system.
Under the new program, if a veteran is found guilty of a criminal offense part of the jail sentence may be suspended on the condition that the veteran get the treatment they needs. A probation officer would be set up to monitor the treatment progress of the offender and report back to the judge.
"Unfortunately, many Vietnam veterans are still coming into court today because they did not get the help they needed years ago," Stafsholt said. "There are so many programs now available to help the latest generation of soldiers that as a society we have to give these people the help they need so that we do not repeat our mistakes from the past."
Stafsholt said the design could result in a saving to taxpayers as well. Sending veterans to treatment saves an estimated $100 a day in prison costs or $55 a day in jail costs. In addition, treatment costs will be provided by the VA, providing relief to the budget-strained state and county governments.
In the past month, Stafsholt has been traveling throughout the 13-county 8th Judicial District educating participants in the criminal justice system, including judges, criminal defense attorneys, prosecuting attorneys, probation officers, and veteran services officers, on the special needs of returning military personnel.
"As a public official I am committed to public service, and as a district judge I am committed to doing justice," he said. "My own background, having served as a soldier during the Vietnam War, has given me a lot of empathy to the problems some returning soldiers face."