Morano and Caban Q&A with Kapner: exclusion from Veterans Court
Morano and Caban discuss with Kapner the paradox that veterans who would benefit most from Veterans Court are often excluded due to violent charges tied to PTSD. Kapner explains the criteria mirror CPL Section 216 for drug court, requiring indicted felonies, mostly nonviolent. DAs will sometimes consent to violent predicates if behavior is tied to service.
Thank you so much.
I mean, what I was going to ask you about, you actually started, you addressed at the end of your testimony.
The exclusion, it seems like the folks who would benefit most from the programming immediately get excluded.
And we see this with mental health court.
It's like if there's a history of an act of violence, even if that act is fundamentally connected to a mental health need,
directed to prior service and PTSD, whatever it is, you're excluded when probably that's like the most important investment you could make.
Like that is you're making everybody safer by allowing for that participation.
I've never made sense of it.
It seems more like a policy that's focused on like, will the judge or the DA end up on the front page of the post rather than can we get the person the help that they need to keep them and others safer.
They are elected officials and I am not.
So I don't want to judge too harshly.
I'll go ahead and judge.
Okay.
But, yeah, I think, you know, I hear you on wanting expanded eligibility.
And then to your point, you know, it doesn't account for because there's– we're talking about more serious charges.
We're talking about– I'm assuming what's the criteria in terms of does it have to be an indicted felony or, like, what's–
You have to be an indicted felon.
It has to be an indicted felony.
It mirrors criminal procedure law section 216, which defines drug court.
So most often it's nonviolent felonies.
They can be...
You could have a violent felony in your past, and then it's up to the DA to accept you or not.
But if you are paper eligible, if you fit within Section 216, which is nonviolent felonies.
But, you know, the DA's will have to...
How often does the DA say, yeah, let's do it?
If they're paper eligible but have a violent felony, if they're a predicate.
They can, but how often do they?
Like, is it?
Depending on the, I can look at it and say they're going to consent.
And I was like, you know, I'm asking to have it on the record.
If it's a remote felony or certainly if the behavior is directly tied to your service, they're almost always going to consent.
But that's up to us to sort of point that out.
You've got to make the case and sometimes it's hard to do that.
That can be hard.