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VETERANS INCARCERATED COMMITTEE REPORT
BY TERRY HUBERT, CHAIR
Wayne Miller presented three resolutions at the Convention
in Springfield: VIN-1-95 Veterans in the Criminal Justice
System; VIN-2-95 VVA Chapter and State Council Relationships
with Veterans Incarcerated; and VIN-3-01 Veterans Incarcerated
Benefits and Entitlement.
VIN-1-95, originally adopted thirteen
years ago, had three components. First, it recognized that
veterans coming into contact with the criminal justice
system were abusing alcohol and controlled substances and
engaging in self-destructive behaviors reflective of post-traumatic
stress disorder (PTSD). It resolved that the American court
systems recognize PTSD as a factor of mitigation at time
of sentencing and, even more importantly, as a key factor
for diversionary programs stressing rehabilitation and
community service.
Second, veterans should have reasonable
and appropriate access to benefits and services. This resolution
called upon all local, state, and federal detention facilities
to establish working relationships with the Department
of Veterans Affairs. Finally, VIN-1-95 resolved that the
Department of Justice, through the Bureau of Justice Statistics,
enforce the mandate for the accurate identification and
reporting of veterans encountered by criminal justice agencies.
VIN-2-95
concerns the support of incarcerated veteran organizations.
Incarcerated Vietnam veterans use the common bond of military
service to develop veterans’ service organizations
within the prisons. These veterans’ organizations develop
programs to benefit all prisoners and facilitate their rehabilitation.
The development of prison veterans’ organizations can
only occur with the support of staff and community-based
veterans’ service organizations. Resolution VIN-2-95
resolves that VVA State Councils act to promote the development
of incarcerated chapters and to facilitate and support the
local chapters to provide direct support to our incarcerated
veterans, and State Councils and chapters support veterans
in their transition from prison or jail.
VIN-3-01 resolves
that the VA is responsible for providing benefits to all
veterans, including those involved with the justice system
or incarcerated. Of particular concern are veterans benefits
involving counseling and PTSD treatment, including residential
and transitional services and programs aimed at reducing
recidivism.
VIN-3-01 resolves that (1) The VA more aggressively
provide medical treatment and counseling for veterans incarcerated
with special emphasis on PTSD and other service-related disabilities;
(2) The VA work closer with federal, state, and local correctional
facilities to help veterans incarcerated achieve successful
rehabilitation; and (3) The VA work more closely with the
Department of Justice to ensure that reliable and verifiable
methods exist to identify veterans involved with the justice
system.
VIN-1-95 has served its original purpose. The courts
recognize that PTSD is a psychiatric disorder and it is included
in the DSM-IV Manual. The PTSD diagnosis may be used as a
factor of mitigation at time of sentence. The other two components
of this resolution remain current issues for the committee.
However, these two issues are addressed and updated in VIN-1-01.
It is recommended that VIN-1-95 be retired.
VIN-2-95 and VIN-1-01
remain viable.
While reviewing the 2007 Convention Resolutions,
it became apparent that the veterans incarcerated resolutions
are aligned with the resolutions from VVA’s Homeless
and PTSD Committees. We are involved with veterans struggling
with mental health, alcohol, and substance abuse, and such
closely related issues as homelessness and marginality. Veterans
with these issues often find themselves in contact with the
justice system and need to be identified as quickly as possible.
Alternative programs and treatment should be the focus.
The
legislated enforcement funding policies of the last thirty
years need serious reconsideration. The effort to address
the social issues of addiction, alcoholism, mental illness,
homelessness, poverty, and the cycle of under employment—all
of which is closely related to racial and ethnicity inequalities—have
primarily focused on enforcement and not prevention or treatment
services. Law enforcement receives more than 80 percent of
the funds available to treat common and daily social issues
facing our own people.
The phenomenal growth of our imprisoned
population must be seen as an indictment of these ineffective
policies. The Bureau of Justice Statistics indicates that
there are two million incarcerated people. Annually, our
city and county detention facilities process 10-12 million
predominantly poor people who are disproportionately from
minority populations. The effectiveness of this enforcement
strategy is challenged by the BJS. Despite our nation’s
sustained effort over the last twenty years, BJS statistics
show that more than 20 million Americans continue to use
controlled substances on a regular basis.
We have to question
our national and state legislators about the efficacy of
strict enforcement policies. Do we realistically believe
we can arrest and convict all 20 million-plus offenders?
Can we afford to incarcerate an additional five or six million
Americans? Do we really want to?
The Veterans Incarcerated
Committee judges its success by bringing to light the plight
of veterans caught up in the wide net cast by the police
and court system. The committee counts its success when Congress
passes new legislation addressing these social issues, such
as The Second Chance Act of 2007. We count our success in
being invited to speak before state legislatures about these
issues. The committee is active in many states and interacts
with local and national organizations that provide vital
re-entry and rehabilitative services for veterans in the
criminal justice system.
Committee members: Terry Hubert,
Chair; Thomas Burke, Allen Manuel; Special Advisers: Matt
Davison, Wayne Miller; Staff Liaison: Elaine Chaney.
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©2006-
2008, Vietnam Veterans of America. All Rights Reserved. 8605 Cameron
Street, Silver Spring, MD 20910