In this episode of the PTSD Bytes podcast, host Dr. Colleen Becket-Davenport explores the connections between PTSD and the legal system, as well as resources available for arrested or incarcerated Veterans with Dr. Matthew Stimmel, the National Training director for VA’s Veterans Justice Outreach Program and a clinical instructor at the Stanford University School of Medicine Department of Psychiatry.
Veterans have historically been overrepresented in jails and prisons, but this has been decreasing in the past decade. However, like their civilian counterparts, Black and American Indian or Alaska Native Veterans continue to be overrepresented in the criminal justice system. Veterans with other than honorable discharges are also more likely to face incarceration. This is particularly important because Veterans of color and LGBTQ+ Veterans are more likely to receive other than honorable discharges.
PTSD and the legal system
For both Veterans and non-Veterans, many individuals in the legal system have PTSD or have experienced trauma. On the flip side, exposure to potentially traumatic events can also happen during incarceration, such as witnessing interpersonal violence, experiencing racial trauma within the system and coping with the loss of freedom. Having a PTSD diagnosis while managing an ongoing court case or incarceration can result in additional difficulties, such as stigmatization in the community or even by health care providers.
While the impact of a PTSD diagnosis varies from case to case during legal proceedings, many communities across the country are developing Veterans Treatment Courts. Veterans Treatment Courts only have Veterans on their dockets and consider cases in the context of mental health diagnoses, such as PTSD and substance use disorders. These courts also work closely with VA Veterans Justice Outreach Specialists (VJO) who meet with Veterans, link them to VA care and mental health services like treatment for PTSD.
Veterans are often paired with a Veteran mentor, many of whom have military experience and have had substance use or mental health issues in the past, to create a family of support in the legal system. Through that process, if Veterans complete treatment, they are eligible for additional legal benefits, such as the expungement of records, dismissal of charges, avoidance of jail or prison time and the reduction or elimination of fines. Importantly, even if you live in a county where there is no Veterans Treatment Court, you may be able to access a Veterans Treatment Court in a different county depending on your state.
Resources and support for Veterans
Prevention
It is important to move further upstream in the process so Veterans are connected to services before being arrested to avoid even entering the legal system. With prevention as the primary goal, law enforcement and community first responders are being educated about PTSD symptoms and military culture. Instead of arresting Veterans and putting them in a system that often makes problems worse, Veterans can get into care earlier through working with local VJO specialists and VA mental health or substance use services.
Early intervention
For Veterans with PTSD who have been arrested or convicted of a crime, most VA medical centers have several VJO specialists. If you’re unsure of your eligibility status, reaching out to a VJO specialist can help link you to appropriate care and resources either in the community or at VA to navigate a difficult system. VJO teams are in over 2,000 jails across the country and over 1000 prisons, working with over 700 treatment courts to get more Veterans into care.
A program called Legal Help for Veterans offers grants to civil legal providers to provide pro bono services for family law, housing law and discharge upgrades.
Digital tools and mobile apps
There are many helpful digital tools developed for community partners and legal system entities. The Veterans Re-entry Search Service (VRSS) identifies Veterans in the legal system by comparing their information to DOD records. This information is reported to the VJO specialist working with that court who can then reach out and connect with that Veteran.
Another tool is Squares, which helps first responders and community behavioral health teams identify Veterans among the unhoused population. Some helpful VA mobile apps include PTSD Coach and Acceptance and Commitment Therapy (ACT) Coach, which are free and available for everyone regardless of legal system involvement.
Additional links
- Find VJO specialists near you.
- Learn more about VA benefits for justice-involved Veterans.
- Learn more about criminal justice system involvement among Veterans.
- Find mental health treatment at VA.
- More PTSD Bytes episodes.
If you are a Veteran who is experiencing a crisis or supporting a loved one who is, call 988 and press 1 for immediate assistance or chat online at VeteransCrisisLine.net/chat.
Topics in this story
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In order to get into veterans court and in order to get out of jail in clark county wa, I had to plead guilty to 2 dui’s, 1 of which I did not get and the other was .08. My driver’s license was Revoked for 3 years.
Before veterans court, I had already been on house arrest with an ankle monitor, and a video camera with a breathalyzer installed in my home for a good 45-60 days. Every wifi capable device was required to be hardwired to my internet modem for accessing the internet during that time. $300 in Cat 5 cabling. I was called at all times of the day and night, was watched and video’d during each breathalyzer test. That entire setup was to be removed prior to my birthday, which it wasn’t. It wasn’t until days after my birthday. My experience with veterans court was not at all positive from any perspective. Matter of fact, a few years later… According to a report I happened to stumbled upon while on the Washington state government website. I just happened to be one of the two people that failed veterans court. Was never asked about my experiences…however the report pretty much stated that i was “non-compliant.”
The “mentor” and “attorney” assigned for me was a complete waste of taxpayer money. I, not once, spoke with my mentor after that day of assignment and the attorney just stood around in the courtroom. One veteran who had been charged with a felony left the state without court permission and didn’t return for 3-5 days. He received a sanction of, if I recall correctly, jail of 2 weeks. I supposedly “tested” positive in a urine test for state court one day, actually remember it was aug 2013, and negative with the Federal urine test that Same Day during an appointment at the VA. I “had the right” and I believe the court had a duty to have my urine retested for state court, which i was flat denied. I was sanctioned with some amount of community service hours. During that community service time, washing dishes and cleaning at a homeless center for families with children, I was diagnosed with bronchitis and a Doctors note. Which means I could not be in a communal environment doing community service. I am also a disabled veteran and not capable of doing manual labor, as well as several other veteran’s in that vet court. I attempted to expand the reach of community service to include office type settings. I was met with complete resistance from the civilian person who ran vet court. My bronchitis went on for too long… I did miss my weekly court hearing one week due to my ride now showing up that morning and a bench warrant was issued. I knew jail would be the result unfortunately and I was terrified! I arranged care for my autistic teen son, picked up brand new prescribed medications from the VA (as I was instructed to do by the VJO) to take to jail with me, and finances to be paid out while I was in jail. I went to court the next week and was told by the VJO that I was lucky I came into court because I was about 12 hours from having my front door kicked in and being hauled off to jail. I was sentenced to 2×60 days in county jail to be served Consecutively vs concurrently, 120 days. At the jail, I was not allowed to bring any of the “take new bottles of VA meds and the jail will dispense to you” medications. I served 86 of those 120 and released for good time. I had huge bruises on both sides of my hips, the jail refused me a second mat to sleep on. My physical medical issues were several. 52 yrs old at that time.
One other item I need to touch on…
In the Saline County, Arkansas jail:
There is not 1 phone# for the inmates to call for say bail. bail bondsman, or the VA Crisis Line. Took days for a veteran to get the Veteran’s Crisis Line#. The phone system at that jail refused to put a call through to the Crisis Line, the phone system!
We’re sorry to hear of the difficulties you experienced, thank you for sharing your story. Unfortunately, we’re not able to assist with benefits or services, but you can contact the national VA hotline that investigates Veterans’ complaints concerning their VA services at: 1-800-488-8244. Alternatively, you can contact the White House VA hotline at 1-855-948-2311. Calls are answered by a live agent 24 hours a day, seven days a week, 365 days a year. The hotline is staffed by more than 60 agents who have had extensive training on VA programs and services. Most of these agents are a Veteran, military family member, caregiver or a survivor.