These lyrics from the popular country song have special meaning for a small but determined group of veterans in prison today.  Most States have a sentencing structure that allows for some form of parole or early release for “good behavior” for even the most serious crimes. Even a sentence of 25 to life holds out the possibility of parole after twenty-five years behind bars. Some States, however, have “life, without parole” as a form of capital punishment for very serious crimes such as murder.  It is the right of each State to determine what the consequences of committing a crime should be. No one disputes this.  However, for a small group of men incarcerated today, life without parole seems harsh and extreme.

These men do not, for the most part, dispute that they have committed grievous crimes and that they should have received severe sentences. They are not seeking pardons, new trials, or other legal remedies for their convictions.   What they do demand, and in the opinion of this writer, rightly so, is to have their sentencing reviewed, allowing for a diagnosis of Post Traumatic Stress Disorder be considered.  The Courts are routinely allowing cases to be revisited when DNA suggests that the wrong man has been convicted, even when the case is many dozen years old.  This group of PTSD suffers is asking for the same consideration.

Well, of course the valid, well documented diagnosis of this crippling medical condition should be considered in a diminished capacity argument at sentencing.  PTSD like many other psychiatric illnesses has been recognized as a mitigating factor in determining the proper sentence of convicted felons for years.  For 28 years, to be precise.  And there’s the catch.  PTSD has been recognized as a syndrome for many years. References of the physiological damage to combat veterans are seen as far back as the Revolutionary War. “Shell shock”, “battle fatigue”, “combat stress” and other labels have been used over the years to identify the condition that is a collections of clearly connected, observable, and measurable behaviors, beliefs, and physical manifestations. Veteran’s hospitals, State mental hospitals, and countless jail and prison mental health professionals have been treating the individual symptoms of this disease for years.  Recognizing this, the American Psychiatric Association eventually, in 1980, quantified the diagnosis and included POST TRAUMTIC STRESS DISORDER in their Diagnostic and Statistical Manual, 3^rd Edition.  Prior to that date, PTSD was not recognized as a valid mental illness and was not uniformly permitted in Court as a factor to be weighed during the sentencing phase of a trial.

What this means, in a nut shell, is that there is a small group of veterans incarcerated today who had well documented symptoms of PTSD at the time they committed their crimes.  Most of these situations involve men who suffered combat related PTSD due to their experiences in Viet Nam.  But because they committed their crimes prior to 1980, the date when the APA recognized PTSD as mental illness, these men were denied the right to introduce PTSD in their trial, and, as a result, received the harsh sentence of life without parole. 

The question is, “Is it fair to deny these veterans the chance to have their sentencing revisited, allowing PTSD to be considered?”  This writer has the obvious opinion that they should.  State legislatures should do whatever legal manipulations they need to do to permit the Courts to reopen these cases and allow these veterans to introduce PTSD as a mitigating factor in the sentencing phase of their trials.  Remember, we are talking about men who have already served at least 28 years.  The few inmates this worker knows who are included in this group are asking for nothing more than the chance to have their sentences reduced from life without parole to 25 to life.  In all likelihood most of the men in this group would not be paroled, even after 25 years.  But at least they would have the chance.  They deserve the chance.

*This article contains the opinion of the writer and does not necessarily represent the opinions of Veteran Journal

What happens when a disabled veteran gets convicted of a felony and goes to prison?

The Veterans Affairs is obligated to continue to pay benefits to the veteran, even while in prison. However, these benefits are reduced.  Beginning on the 61^st day of incarceration following the conviction the payment of disability compensation will be reduced to $104.00 or half of the benefit if the total benefit is less than $104.00.  If and when the veteran is released from prison (paroled, released to a halfway house, or enrolled in a work release program) the benefit amount will not be reduced.  However, it is the responsibility of the veteran to assure that his/her situation is clearly defined at the VA.    If the veteran is receiving a disability pension, the benefits will stop on the 61^st day of incarceration after conviction.

What about Medical Care from the VA for disabled veterans?

Veterans who are incarcerated do not automatically loose their right to medical care by VA medical staff and facilities.  However, the chances of actually getting to a facility while in prison are next to zero.  And, the possibility of getting a VA staff medical professional into the prison is also very slight.  VA policies restrict the use of VA resources when the individual veteran is maintained in a facility that is required to provide medical care.  In this writers experiences working in a maximum security correctional institution only one person in hundreds received any medical attention from the VA while an inmate. This veteran had been receiving treatment for cancer and was permitted to receive the ongoing treatment from the VA due to the nature of his condition.  And it was the VA who requested permission to continue his care.  So it is not impossible, but rare

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What about benefits paid to the families of veterans while the veteran is incarcerated?

Even though the veterans benefits must be reduced while he/she is incarcerated, the VA can reapportion the reduced amount to the family of the veteran, based on a determination of need. The family should contact the nearest VA regional office for details on how to apply. As this determination is based on financial need, the family will be asked to provide income information as part of the application process.

What happens to the veterans benefits when he/she is released?

Theoretically, the benefits the veteran was receiving before going to prison will resume when he/she is released.  However, it is the veterans responsibility to make sure the VA knows about his/her release and to be able to provide the required documentation.  The veteran has one year from the date of release to notify the VA.  If substantial time has elapsed, the VA will most likely require an updated medical evaluation to determine if the disability continues or has improved (or worsened?)  Again, it is the veterans responsibility to report the changes in his status, change of address, etc., and to be persistent in making sure the VA has his/her file in the ‘Active’ pile.

At any given time there are tens of thousands of U.S. Military veterans incarcerated in the United States. Many of these are being detained temporarily for some minor indiscretion, and will be released within a few hours, days, or maybe, weeks. This type of incarceration seldom results in the need for emergency intervention from the VA or other veteran service organizations.  Many more of these veterans are in jail for serious crimes and will be there for several months to several years.  And some, those sentenced to life, will leave the prison only after they die.

One day, however, the vast majority of these men and women will either be granted parole or max out their sentence, and be faced with the daunting task of starting life over on the outside, after years and for some, decades of incarceration.  This transition is commonly referred to as re-entry.

Re-entry is the process of preparing to leave the specialized, closed community of a corrections facility and re-enter society at large.  It is a process.  A series of related tasks designed and organized in a way to lead to a stated goal.  In this case, the goal is to reduce the rate of recidivism.  The vast majority of correctional facilities provide counseling, employment and jobs skills, and other opportunities for correctional.

For some of these veterans, families will be a resource. They will have marketable skills to trade for a living wage. But for many, they will be alone in the world. Penniless, without skills, jobless, and homeless.  This is the population that needs attention right now.

The VA, combining resources from their Homeless and D&A programs,  has developed a comprehensive plan to intercede in the release and transition process. This plan, known as Incarcerated Veterans Re-Entry Services and Resources,  is in place and functioning, on a limited basis,  in all fifty States.  However, it seems that the limits are not the fault of the VA this time.  In order for the plan to be successful, it requires the cooperation and active participation of the community based State and local housing and employment organizations, faith-based organizations,  the correctional facilities, and veterans service groups.  The identification and organization of all of these groups takes time.  Some of these organizations needed to restructure their bylaws to include incarcerated veterans as possible targets for their services, others needed to re-allocate funds from other programs of equal importance, to meet the challenge.  And some of these possible resources are less then willing to associate themselves with this population.  It was a massive endeavor.

The VA plan calls for the establishment of a system of outreach networks with an Incarcerated Veterans Re-Entry Specialist at the hub.  This phase is complete and functioning.  These reps are usually centered around a VA Medical Facility and are charged with identifying, categorizing, and communicating with the veterans incarcerated in their service area.  These Re-Entry Specialist have developed state-specific resources guides which identify steps that veterans can take prior to their release.  These guides also provided the contact information of local VA staff and other government and community organizations who may be available to the incarcerated veteran.  These reps are also expected to coordinate with Veteran Service Organizations, State and local governmental organizations, and private, contracted service providers to coordinate and consolidate services. One of the most in-demand service, and one that was all but impossible to find, was housing, specifically half-way housing for veterans who have identifiable drug and alcohol treatment needs.

This writer was privileged to be involved in the very early stages of the development of this process when, as a staff member of a large State Correctional Institution, I was a member of a VVA post made up of veterans incarcerated, other staff members of the institution, and members from the outside community.  In this capacity, I was in a position to see the efforts of the newly appointed VA Rep, who not only worked for the Vets, but demonstrated that he really cared about them and their re-entry.

What benefits and services are available to veterans who are incarcerated and for those who are about to be released from custody?  What about the families of the veterans who remain in custody? Do they have any right to expect benefits? And what responsibilities do the Veterans Service Organizations have in this process.  These questions and more will be discussed in future articles on Veterans Incarcerated.