A National Call To Action: A Campaign for Justice For Veterans

By Jan A. Ruhman

Each and every day in cities and municipalities across the United States of America recently returned Iraq and Afghanistan combat veterans as well as veterans from other wars come into contact with our nations first responders, police and firefighters, as a result of a criminal offense. Many of these veterans suffer from Post-Traumatic Stress Disorder (PTSD), a direct result of their service in combat to our nation. We believe that their service to our nation and its resulting mental health issues must be taken into consideration in sentencing.

Under existing law, in California and many jurisdictions, if a convicted defendant was a member of the military forces of the United States who served in combat and who suffers from substance abuse or psychological problems resulting from that service, the court may, under specified circumstances, order the defendant committed to the custody of federal correctional officials for incarceration for a term equivalent to that which the defendant would have served in state prison.

The Scope of the Problem

A RAND Corporation study dated April 17, 2008 concluded that one in five Iraq and Afghanistan veterans suffer from PTSD or major depression.

Nearly 20 percent of military service members who have returned from Iraq and Afghanistan — 300,000 in all — report symptoms of Post-Traumatic Stress Disorder or major depression, yet only slightly more than half have sought treatment.

In addition, researchers found about 19 percent of returning service members report that they experienced a possible traumatic brain injury while deployed, with 7 percent reporting both a probable brain injury and current PTSD or major depression.

PTSD problems are likely to worsen if the veteran has served multiple tours. Inadequate time between deployments increase combat stress rates by 50%.

Many service members said they do not seek treatment for psychological illnesses because they fear it will harm their careers in and out of the military. But even among those who do seek help for PTSD or major depression, only about half receive treatment that researchers consider "minimally adequate" for their illnesses.

In the first analysis of its kind, researchers estimate that PTSD and depression among returning service members will cost the nation as much as $6.2 billion in the two years following deployment — an amount that includes both direct medical care and costs for lost productivity and suicide. Investing in more high-quality treatment could save close to $2 billion within two years by substantially reducing those indirect costs, the 500-page study concludes.

No veteran comes home from war unchanged but with early intervention and treatment most can recover and lead a productive and healthy life. A key piece of the puzzle is establishing Veterans Diversion and Treatment Courts in every state, county, city and municipality.

Veterans Diversion and Treatment Court:
A Key Component for Justice for Veterans

A Veterans Diversion Court, modeled on the courts established in Tulsa, Oklahoma and Buffalo, New York, would provide that if a person is convicted of a criminal offense and alleges that he or she is a veteran and committed said offense as a result of Post-Traumatic Stress Disorder, substance abuse, or psychological problems stemming from service in combat in the United States military, the court shall, prior to sentencing, hold a hearing to determine whether the defendant was a member of the military forces of the United States who served in combat and shall assess whether the defendant suffers from Post-Traumatic Stress Disorder, substance abuse, or psychological problems as a result of that service.

If the court finds that the defendant's actions resulted in a crime being committed as a result of one of those factors related to serving in the military, it may "divert" the offending veteran to the Veterans Diversion and Treatment Court and hold the conviction in abeyance while placing the veteran on probation and ordering the veteran into a court supervised treatment program run by the VA or another Court Approved Program if VA assistance is not easily available due to distance to the facility from the vets home.

(a) Any person convicted of a criminal offense who would otherwise be sentenced to county jail or state prison and who alleges that he or she committed the offense as a result of Post-Traumatic Stress Disorder, substance abuse, or psychological problems stemming from service in a combat theater in the United States military, (b) If the court concludes that a defendant convicted of a criminal offense is a person described in subdivision(a), and if the defendant is otherwise eligible for probation and the court places the defendant on probation, the court may order the defendant into a local, state, federal, or private nonprofit treatment program for a period not to exceed that which the defendant would have served in state prison or county jail, provided the defendant agrees to participate in the program and the court determines that an appropriate treatment program exists.

In San Diego a small but dedicated group of military attorneys, VA and community mental health professionals, police, judges, public defenders and prosecutors has been working on establishing a Veterans Diversion and Treatment Court to make certain that former and current members of the US Military get a fair shake from the Legal System by taking into consideration their military service and their need for help in healing from the hidden wounds of war when they come home.

It is our responsibility, as veterans, to speak with force and conviction to our elected representatives at all levels of government and to help them see the wisdom in taking care of the troops when they return home from war. The task of mounting a national campaign is done at the community level by activists and community organizers but the funding comes from many sources.

Ask your Congressperson to reintroduce and support H.R. 7149, originally introduced September 26, 2008, to provide "funding grants for states and local municipalities to help establish Veteran Diversion and Treatment Courts."

Ask your Senator to reintroduce and Support S. 3379, originally introduced July 31,2008, to provide "funding grants for states and local municipalities to help establish Veteran Diversion and Treatment Courts."

Jan A. Ruhman was an activist member of VVAW in the 1970's in Los Angeles and Southern California and is the San Diego Contact for VVAW. He is a founding member of the Banished Veterans Defense Committee. He is also a member of Veterans For Peace in San Diego and is the Operations Coordinator for Vetspeak.org a blog run by former members of the US Military with the intent to publish the critically important voices of veterans. He can be reached by email at jan.ruhman@vetspeak.org or by phone at 858-361-6273.