Nebraska Pioneers Diversion Program to Help Arrested Veterans Avoid Jail
With a law signed by Gov. Jim Pillen (R) in April 2024, Nebraska became the first state to adopt a model program for diverting military veterans from jail into programs offering treatment for the issues underlying their arrest.
When LB253 takes effect on July 1, 2025, it will expand programs currently offered in four counties and allow district judges statewide to use diversion for nonviolent felonies if a veteran defendant can show his or her service contributed to the charged crime.
The model, created by the Veterans Justice Commission (VJC), offers veterans a chance to clear criminal records and heal from service-related conditions like post-traumatic stress disorder (PTSD) and traumatic brain injury (TBI). Treatment happens through underutilized Veterans Administration (VA) programs, further reducing strain on state resources.
VJC estimates nearly 200,000 veterans are incarcerated nationwide, often due to issues stemming from combat deployments; in a report released in 2023, the Commission reported that up to one in three of the nation’s 19 million military veterans has been arrested at least once.
But pretrial diversion programs for arrested veterans vary from state to state. Louisiana limits enrollment to veterans suffering PTSD. Massachusetts leaves it up to district attorneys to establish such programs. Minnesota, New Jersey and California are also among 28 states with diversion programs or treatment courts geared to the needs of veterans or active military personnel, according to the National Conference for State Legislatures.
For veterans like Robert Jackson, a pretrial diversion program was a lifeline. He blamed multiple DUIs on a drinking problem traced to his service as a Marine in Operation Desert Storm during the Gulf War. Traditional treatment didn’t work, but connecting with other veterans in diversion was a game-changer; Jackson not only received help that kept him out of jail but found a support network that keeps him engaged in his recovery.
The goal of VJC’s model is to standardize how veterans will be identified for help, what range of diversion alternatives they will be offered and how the results will be tracked and studied to identify best practices.
Sources: Council on Criminal Justice, Military Times
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