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Veterans Caught in the Justice System Need Support, Not Neglect

How a National Center on Veterans Justice can drive smarter policy and stop veterans from falling deeper

Opinion

Veterans Caught in the Justice System Need Support, Not Neglect
Worn american flag with white embroidered stars and red stripes.

Roughly 200,000 service members leave the military each year. As a retired brigadier general who spent more than three decades in the U.S. Army, I know that most of them return home stronger from their service with a greater sense of pride and purpose.

But many veterans also carry invisible wounds. Suffering from post-traumatic stress disorder, traumatic brain injury, or other combat-related trauma, too many fall into the criminal justice system and still need our help.


Nearly one-third of veterans have been arrested and booked into jail at least once, compared to one in five non-veterans. Veterans are now twice as likely as non-veterans to face incarceration, and tens of thousands are currently imprisoned. The suicide rate for veterans is approximately 1.5 times higher than the rate among the general population, and it’s especially high for veterans leaving incarceration.

Unfortunately, the way we currently manage struggling veterans undermines recruitment and jeopardizes the health and safety of our veterans, their families, their communities, and, ultimately, our country.

The federal government recognizes this problem. In April, the U.S. Senate Committee on Veterans’ Affairs held a bipartisan hearing exploring how to help justice-involved veterans.

I was there testifying on behalf of the Council on Criminal Justice Veterans Justice Commission. Launched in 2022, the Commission was chaired by former U.S. Defense Secretary and U.S. Sen. Chuck Hagel and included former Defense Secretary and White House Chief of Staff Leon Panetta, as well as other leaders representing veterans, the military, the Veterans Administration, community advocates, and various sectors of the justice system.

Its aim was to examine the extent and nature of veterans’ involvement in the criminal justice system and develop recommendations for evidence-based policy changes that enhance safety, health, and justice for veterans and their families.

I outlined several of those recommendations in my testimony.

To start, we need more support for veterans when they reenter civilian life. Changes must start at the Pentagon by creating a dedicated office to support transition, adopting evidence-based programs to help at-risk service members, and expanding access to VA health benefits.

Next, we need more effective responses when veterans do break the law. That means expanding alternatives to prosecution and incarceration—such as diversion and treatment programs—and doing a better job of identifying veterans who end up in the system.

Finally, we need more resources for veterans during incarceration and when they re-enter their communities. This includes providing VA health care for those behind bars, prioritizing hiring of justice-involved veterans, and removing barriers that make it harder for veterans to access housing and benefits after release.

Beyond the Senate hearing, we’ve seen other encouraging signs that both the federal government and states are prioritizing veterans.

Earlier this year, Congress provided $4 million in the Justice Department budget for a National Center on Veterans Justice, as recommended by the Commission. The Center should act as a hub to improve the success of justice-involved veterans by identifying and replicating best practices nationwide and establishing robust program evaluation so we can invest in what works. If implemented properly, it will revolutionize how the justice system treats the unique cases of our veterans. States are also taking action. Following a Commission recommendation, Nebraska passed a law creating alternative sentencing options for veterans, and similar legislation is pending in several other states.

To be sure, veterans who break the law must be held accountable for their actions. But as a nation, we must also recognize our responsibility for the circumstances of military service that can contribute to criminal behavior. Our response should emphasize restoration, not punishment alone.

It is nothing short of tragic when those who once wore the cloth of our nation now wear the cloth of incarceration. We have a duty to uphold our military’s commitment that no man or woman who served our nation be left behind.

David MacEwen, a retired brigadier general, spent more than 30 years in the U.S. Army, concluding his service as the 59th Adjutant General. He is the director of the Council on Criminal Justice Veterans Justice Commission.


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