West Virginia Code § 62-16-2

Legislative findings
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(a)(1) The Legislature recognizes that while most veterans are strengthened by their military
service, the combat experiences of many veterans have unfortunately left a growing number
of veterans who suffer from issues such as Post Traumatic Stress Disorder and traumatic
brain injury. A growing body of research shows that one in five veterans will have symptoms
of a mental illness, mental health disorder, or cognitive impairment. One in esix veterans who
served in either Operation Enduring Freedom or Operation Iraqi Freedom suffer from
substance abuse and related issues. As a result, many veterans have forund themselves in the
criminal court system charged with crimes which may be directly attributable to these
service-related issues.
(2) The Legislature further recognizes that a Military Servicte Members Court is necessary to
link veterans with the programs, benefits, and services that are necessary to help them
overcome these issues and provide them with rehabilitation services instead of
incarceration.
(3) Given the context of veteran life, especiallys given their past training and experiences in
the Armed Forces, it is reasonably anticipated and likely that military service members
would respond favorably to a structured environment. The Military Service Members Court
is a professional, structured, and mognitored program which mandates and provides
participant accountability and responsibility, including mandatory court appearances,
treatment, and counseling sesesions, as well as frequent and random testing for drug and
alcohol use. However, the Legislature also finds that some may still struggle. Those are the
veterans who need the sLtructure and support of a Military Service Members Court program
the most. Without the structure of a Military Service Members Court program mentally ill
and challenged veterans may well reoffend, remain in the criminal court system, and suffer
under the emotional, physical, and mental yoke of substance abuse.
(4) The Legislature creates the Military Service Members Court to ensure that these
veteWrans in need are able meet their obligations to themselves, their family, their loved ones,
the court, and their community.

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