Veteran’s
Court Eligibility Criteria
A.
The prospective participant (PP) served
in a branch of the United States military and had something other than a
dishonorable discharge. The prospective participant’s service
experience(s) and any residual effects of those experiences contributed, at
least in part, to the commission of the criminal offense(s) that brings him/her
before the court. The prospective participant must live
within Kitsap County during their participation in the program. A prospective participant’s race, gender, age, religious
affiliation, sexual orientation, or national origin will never be considered
when determining his or her eligibility.
B.
The following offenses, if charged
in the current case, will automatically preclude the prospective participant’s eligibility:
1.
Any sex offense;
2. Manufacture of Methamphetamine;
3. Promoting Prostitution;
4. Any offense including allegations of intentional discharge
of a firearm where a victim suffered serious injury as a result;
5. Any offense involving death, or resulting in actual great
bodily harm to a victim;
6. Delivery of a Controlled Substance to a Minor;
7. Currently serving a DOSA/FOSA sentence;
8. Prior Adult Drug Court/Veteran’s Court graduate from this
or any county’s Drug Court when the date of the current offense is less than
three years from the date of graduation.
a. Past therapeutic
court graduates admitted into the program must pay $500 towards the program fee
in advance of being accepted. If
successful, the past therapeutic court graduate will not earn a dismissal of
the charges after completion of the program.
Instead, the State will recommend an exceptional sentence downward of no
jail/prison incarceration time.
9.
Evidence of prospective participant’s gang
affiliation;
10.
Currently (or very
recently) working with law enforcement as a confidential informant;
11.
A Restitution obligation
to a non-commercial victim that exceeds or will likely exceed $2000. This limit does not include restitution
obligations to insurance companies, businesses, or other corporate entities. Restitution to individual victims must be
paid in full prior to graduation.
NOTE:
The prosecutor may agree to amend the current Information to Veteran
Court eligible offense(s) where the entire veteran’s court team (compliance,
treatment, VJO, attorneys, judge) agrees that the prospective participant is appropriate for Veteran’s
Court. The court may also allow a PP to
participate notwithstanding being charged with an offense that is precluded
under the statute, provided the court makes special findings of fact as outlined
in RCW 2.30.
C. Disqualifying Criminal History:
- Any sex offense;
- Promoting
Prostitution;
- Convictions with Gang
enhancements within the most recent ten years;
- Six or more domestic
violence felony convictions or eight or more gross misdemeanor or misdemeanor
domestic violence convictions within the most recent ten years;
- Currently a
registered sex offender.
D. The following will presumptively
preclude eligibility:
- Current offense is
Residential Burglary committed while the victim was present in the home;
- More than two prior
conviction for Residential Burglary within the last five years;
- Any class A or
Serious Violent Offense;
- Four or more prior
convictions for Domestic Violence Offenses, particularly No Contact Order Violations, within
the last five years, felony or misdemeanor;
- Current case involves
allegations of or prior convictions for major economic offenses, i.e., a
pattern of criminal entrepreneurial activity (e.g. Four or more
convictions/charges for Theft of Motor Vehicle/Possession of Stolen Vehicle;
Four or more convictions/charges for Trafficking in Stolen Property arising out
of a single case or multiple pending cases; Six or more convictions/charges of
Identity Theft with distinct dates and victims);
- Major drug crimes,
i.e., criminal entrepreneurial activity not driven by addiction (e.g. Delivery
or Possession with Intent to Deliver involving seven grams (1/4 ounce) or more
of heroin, methamphetamine, or cocaine in a single transaction; Fifty or more
prescription pills or twenty or more MDMA pills in a single transaction; use of
a firearm during a drug transaction; possession of $1000 or more currency);
- Assault 3rd on law
enforcement as a current offense.
a. Consideration may be
given if no weapon was used or attempted to be used, the victim suffered no
injury, and after obtaining law enforcement input.
E. Other factors that may affect
eligibility:
- Significant criminal
history, including juvenile;
- Age of criminal
history;
- Victim input;
- History of compliance
while on supervision, e.g., DOC;
- Previous opportunities
at recovery, including previous DOSA;
- Major crime as
determined by the prosecutor’s office, when taken as a whole (see R.C.W.
2.30.030);
- History of failures
to appear, bench warrants, bail jumping and escape charges;
- Prior Adult Drug
Court /Veteran’s Court participation;
- The presence of any
aggravating circumstances listed in R.C.W. 9.94A.535;
- Severe medical issues
or mental disorder that would impair the ability to participate fully and
comply with Veteran’s Court program rules and requirements.