Men and women who have been in combat often return home to face a battle with their own mental health. Oftentimes, vets turn to alcohol and/or drugs to deal with their mental health struggles. This combination of mental health issues and substance abuse can lead to run-ins with the law.
It’s estimated that some 200,000 vets are incarcerated across the country. A felony conviction can follow a veteran as they seek a job, look for housing and much more. Thankfully, there is an alternative to risking a conviction in court that many vets who have been accused of wrongdoing can potentially explore.
Who is eligible for the program?
This year, Nebraska become the first state to make judicial diversion programs available statewide to military vets charged with parole-eligible non-violent felonies. If a judge allows them to participate in one of these programs, they can avoid prosecution, which could otherwise end in a conviction and incarceration.
The law that created these programs, signed this year, requires veterans who apply for the program to show that their offense was caused at least in part by a service-related condition. This could be a traumatic brain injury (TBI), post-traumatic stress disorder (PTSD) or other condition – generally, but not always, one related to their mental health.
What is required of those in the program?
While diversion is certainly preferable to being convicted of a felony and serving time behind bars, the program is “not a cake walk,” as one vet who has been through the “intense” program put it. The program requires a designated number of hours of community service, participation in meetings with others who have drug and alcohol abuse issues, life skills and other classes. They may have to undergo random drug testing.
The program is based on a model developed by the Veterans Justice Commission, which is co-chaired by former Nebraska Senator and Chuck Hagel, who also served as Secretary of Defense. The commission hopes that other states will follow Nebraska’s lead as soon as next year.
It should be noted that this diversion program is different than the ones previously available in selected areas of Nebraska. They use Department of Veterans Affairs (VA) resources rather than state and local ones.
Military vets who are facing a parole-eligible, non-violent felony charge in Nebraska are wise to explore the possibility of entering this diversion program. Having legal guidance can help vets learn more about their legal options and work to protect their future.
