PTSD Bytes: Navigating the legal system

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

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.

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