From the Chair
Secretary Chuck Hagel
In a 1948 speech, Winston Churchill reflected on World War II in saying, “Those that fail to learn from history are doomed to repeat it.” Four years later, a study of 11 prisons in our nation’s upper Midwest found that one-third of their incarcerated inhabitants were World War II veterans.1 Thirty-eight years after that, an analysis of Vietnam War veterans with Posttraumatic Stress Disorder (PTSD) revealed that almost half of them had been arrested or in jail at least once.2
As the nation ends 20 years of conflict in Iraq and Afghanistan, we must learn from this history. The challenge of veterans returning home from these wars and landing in the criminal justice system is not a new one—but our response can be.
In formulating this fresh approach, we can look to personal stories playing out across our country. In 2004, former Army Ranger Hector Matascastillo faced felony assault charges following a PTSD-related dissociative flashback that led to an armed standoff with police. Prison seemed all but certain. Instead, a judge acknowledged Hector’s veteran status and service-related struggles and put him on a different path. Hector completed probation and two years of treatment for his psychological injuries, and ultimately his felony charges were dismissed. Today, he is a licensed social worker, completing his doctorate in psychology and helping police de-escalate situations like the one he faced.3 Hector’s story reveals what's possible when our response to veterans encountering the criminal justice system is tailored to the unique challenges they face.
Unfortunately, many veterans miss out on this opportunity. The expansion of Veterans Treatment Courts (VTCs) has given a growing number of veterans access to treatment and supervision instead of incarceration. But the Veterans Justice Commission found that too many veterans are unable to access a VTC, often resulting in their incarceration. Nearly half of the nation’s VTCs, for example, deny access to veterans with violent felonies, even though many such individuals suffer from PTSD and other service-related conditions known to increase the risk of violent behavior and recidivism.4 5 In addition, many veterans need interventions that VTCs are not designed or equipped to provide.
For those veterans who become incarcerated, the ripple effects include losing access to health care from the Department of Veterans Affairs (VA). This, in turn, prevents them from receiving the specialized treatment they need to address the PTSD or other challenges they face, leading to poorer outcomes.6
These outcomes can include life-and-death consequences. The suicide rate for veterans is approximately 1.5 times higher than the rate among the general population, and this risk is even more acute for veterans who encounter the criminal justice system. One recent study found that justice-involved veterans are nearly twice as likely to attempt suicide as veterans with no history of justice system involvement.7 Veterans leaving incarceration are particularly likely to take their own life.8
"As the nation ends 20 years of conflict in Iraq and Afghanistan, we must learn from this history. The challenge of veterans returning home from these wars and landing in the criminal justice system is not a new one—but our response can be."
Altogether, these factors illuminate a cruel reality: We are prosecuting and imprisoning veterans while denying them the care and consideration they need and deserve—despite the fact that their criminal justice involvement is often due, at least in part, to their willingness to fight for their country. As a result, we are not only doing a disservice to veterans, but also jeopardizing the safety of the public they once fought to protect.
Recognizing the urgency of this problem, the Veterans Justice Commission in March released a set of recommendations that proposed a more expansive definition for veterans within the criminal justice system and recommended that the federal government and states adopt statutory frameworks that incentivize and improve veterans’ diversion from the criminal justice system, sentencing mitigation, and record clearance.
The Commission then asked a group of criminal justice experts and practitioners to build on these recommendations. In particular, the Commission requested the creation of a policy framework that expands opportunities for veterans to access community supervision instead of prison, while establishing key elements to help jurisdictions provide such opportunities through evidence-based practices that address veterans’ unique challenges.
Taking up this charge, the Model Policy Framework Committee (MPFC) came together and created five elements that collectively provide alternatives to prosecution and incarceration for justice-involved veterans. The key elements were crafted through a deliberative, consensus-building process that drew on a combination of the strongest available research and best practices for aiding veterans and improving public safety.
As jurisdictions consider this model policy framework, the Commission hopes the federal government will incentivize the widespread adoption and effective implementation of these reforms. Many of the framework’s elements will require updating existing systems, training personnel, and conducting ongoing evaluations. Federal funding can serve as a critical resource for jurisdictions pursuing these vital reforms, which will ensure that veterans nationwide can access correctional interventions designed for their specific needs.
I join my fellow Commissioners in thanking members of the MPFC for their work and commending their final product. We look now to states and the federal government to make good use of this framework and craft reforms to promote safety, health, and justice.
Based on the policy framework detailed in this report, the American Legislative Exchange Council passed the Veterans Justice Act in August 2023. This model legislation provides treatment and supervision as an alternative to incarceration for US veterans charged with certain crimes. This alternative recognizes veterans' service to the country and potential connections between their military service and criminal behavior.
