OMAHA, Neb.- Facing his fifth DUI offense in 25 years, Robert Jackson of Olathe, Kansas, was given a choice: go to court and face a possible prison sentence, or commit to a diversion program that keeps military veterans out of jail.
Jackson didn’t hesitate to take the option that would erase the DUI from his record. After all, he had been through U.S. Marine Corps boot camp and Operation Desert Storm during the Gulf War, developing the courage that earned him Salesman of the Year at work for seven years. How difficult can a diversion program be?
“I mean, it was intense. It was a no-brainer,” Jackson said.
Those who want to get at-risk military veterans the help they need say a new Nebraska law allowing judicial diversion for some veterans serves as a model for other states.
The law, signed by Gov. Jim Pillen in April, makes Nebraska the first in the nation to adopt an administration-recommended model. Veterans Justice Commissionco-chaired by a former U.S. senator from Nebraska and former Pentagon chief Chuck Hagel.
Until the signing of the new law, special treatment programs for veterans were offered in four district courts in Nebraska’s 93 counties. Under the new law, the diversion program will be expanded to every district judge, allowing all criminal court judges to order treatment in lieu of prosecution for veterans facing parole, nonviolent crimes.
Eligible veterans must demonstrate that a service-connected condition contributed to their offense and must agree to court supervision along with individualized treatment for PTSD, traumatic brain injury, mental health conditions or other conditions. To avoid already overburdened state treatment programs, the veterans diversion will offer treatment through underutilized U.S. Department of Veterans Affairs programs, officials said.
Hagel, himself a decorated Vietnam War veteran, is all too familiar with the struggles combat veterans face as they return to civilian life. Hagel served in combat with his brother in 1968 – a year in which nearly 17,000 American troops died. Over the years, he has seen soldiers he served with struggle with post-traumatic stress disorder, traumatic brain injuries, alcoholism and drug abuse. Some have committed suicide.
Many people are increasingly ending up behind bars. The commission estimates that nearly 200,000 military veterans are in jails and prisons nationwide.
“You know, there’s something wrong with that,” Hagel said. “I mean, veterans who have served their country in various capacities are obviously very responsible people at some point in their careers. And what happened? How did they end up in jail?”
A large part of the answer, he believes, can be found in trauma that is exacerbated by the frequent deployment of many soldiers to combat zones during the wars in Iraq and Afghanistan after the September 11 terrorist attacks.
In a report Released last year, the commission found that as many as 1 in 3 of the nation’s 19 million military veterans reported being arrested at least once. The report recommended that instead of prison sentences, state and federal laws should be created or expanded judicial diversion,
Now at least a dozen other states want to follow Nebraska’s lead and pass similar legislation, said Army Col. Jim Seward, director of the Veterans Justice Commission. The committee will also monitor the success of Nebraska’s new state diversion law to identify best practices and any adjustments that could improve it.
“We are in discussions with numerous states across the country that are considering or preparing to consider this legislation next year,” Seward said. The committee is also working with the National Conference of State Legislatures to push for legislation similar to Nebraska’s and will attend the conference’s annual summit in August in Louisville, Kentucky, he said.
Jackson acknowledged that his run-ins with the law stemmed from a drinking problem he developed during his military service. Completed missions and other achievements while in uniform were usually celebrated with drinks, he recalled. After his service, he continued that pattern as he found success in the job market.
“Every time I win Salesperson of the Month or Salesman of the Year, or I sell six cars in one day or something like that, it’s a celebration,” he said. “Every time I got a DUI, it was always like a celebration.”
Jackson successfully completed his diversion program in December. It is separate from other treatments he must participate in, he said.
“I remember being 50 years old and being in rehab with a bunch of teenagers,” Jackson said. ‘They blame their parents for everything and stuff like that. That didn’t do me any good. I didn’t want to be there. I didn’t identify with anyone.”
But during the diversion treatment meetings, he was surrounded by other veterans who talked about their time in combat. Not only did that help him deal with his own trauma, it also gave him the opportunity to help other vets in the program. That motivated him to keep going to treatment meetings.
“Actually, I still go to them,” he said.