How the Justice System Can Support Military Veterans

Standing outside his house holding two pistols, U.S. Army veteran Hector Mata Castillo faced off with eight armed police officers. After having an argument with his wife, Castillo experienced a PTSD episode in which he felt he was back in battle and fighting for his life.

No one was hurt in the incident, and Castillo was arrested on multiple felony charges. However, the judge in Castillo's case examined his military history and decided to give him the opportunity to seek help for his post-traumatic stress disorder. Castillo now has a Ph.D. in clinical psychology and is raising five boys.

It's situations like Castillo's that motivate Army Col. Jim Seward, executive director of the Veterans Justice Commission, to get veterans the help they need to stay out of jail and prison.

The purpose of the commission, a group of 15 top military and criminal justice leaders, is to recommend evidence-based policy changes that can enhance veterans' safety. It does not lobby state legislatures but works to educate legislators on the many challenges faced by Americans returning from war and how they can be addressed through law.

"As warriors came home since 'The Iliad' and 'The Odyssey,' there have been some veterans that found themselves entangled with the very sticky criminal justice system."

-Jim Seward, Veterans Justice Commission

"It was amazing to me to look back over the history of the world and see that as warriors came home since 'The Iliad' and 'The Odyssey,' there have been some veterans that found themselves entangled with the very sticky criminal justice system," Seward told a livestreamed session on veterans policies at NCSL's 2024 Legislative Summit.

To address this age-old issue, Seward's focus has been to incentivize and support veterans' diversion from incarceration. His commission has formulated a policy framework to model how veterans should be treated in courts.

The goal is to treat veterans going through the justice system like the judge who gave Castillo a second chance. Many states already have veterans treatment courts, but because resources are lacking, the courts often don't exist in smaller, rural areas.

Veterans are also not entitled to help from the Department of Veterans Affairs while they are incarcerated, so sentencing them to jail time doesn't address underlying issues, such as PTSD.

"Research shows that individuals with multiple deployments are at a higher risk of post-traumatic stress," Seward says. "If you're at a higher risk of post-traumatic stress, the research shows that you're at a higher risk for justice involvement. Now we have that individual sitting in the county jail and they're not entitled to be treated by the federal government that sent them to war."

Nebraska is the first state to implement Seward's policy framework. The state currently has a standardized sentencing procedure for veterans.

Fighting Fraud

Veterans are frequently targeted by fraudulent schemes. Troy Broussard, state director of the Kentucky AARP, is working with legislatures to double down on the fight against criminal scam calling to protect veterans from losing their money and private information.

According to the AARP, 80% of veterans are targets for fraud and 40% have lost money due to scams. In some cases, veterans or military members are twice as likely to be scammed than non-military civilians.

Broussard says the No. 1 veteran/military-related scam is being asked to donate to fake veterans charities. His advice to veterans and civilians alike: Never give out any personal information, such as your Social Security number, over the phone, through email or to someone at your front door.

He recommends that legislators review their current policies. "Are those policies stiffer for those criminals to make sure we can protect our veterans and our families?"

Grace Olson was an intern in NCSL's Communications Division.

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