Setting the Standard for Veterans Treatment Courts

After finishing their military service, most veterans transition successfully back to civilian life. Unfortunately, multiple deployments, combat experience, and service-related trauma exposure can leave some veterans struggling with the scars of war long after they return home. These veterans may experience post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), military sexual trauma (MST), and other service-related conditions. When untreated, these conditions are associated with an increased risk of involvement with the justice system.

Around 33% of veterans report having been arrested and booked into jail at least once in their lifetime, compared to less than 20% of non-veterans. Additionally, the 2025 National Veteran Suicide Prevention Annual Report found that the suicide rate for justice-involved veterans in the Veterans Health Administration (VHA) system was 263.7% higher than for other veterans in the VHA.

This reality has led states to create Veterans Treatment Courts (VTCs) to support justice-involved veterans. These specialty courts are modeled after drug courts and mental health courts and aim to address the underlying factors that contributed to a veteran’s criminal behavior. While no veteran has a right to admission, these courts generally serve veterans whose service-related conditions can be addressed through treatment, supervision, and other supportive services.

Forty-eight states currently have VTCs, but their structure, eligibility criteria, and procedures vary widely. Twenty-nine states have a statewide framework and uniform standards for VTCs, and only 14 have the standards codified in statute. The remaining 19 states leave operational standards to local courts, which allows for wide variability within a state. This potentially violates the Fourteenth Amendment’s Equal Protection Clause by giving veterans varying access to services within the same state. The ALEC Veterans Treatment Court Act addresses these concerns by establishing clear statewide standards for VTC structure, eligibility, and procedures.

The Veterans Treatment Court Act establishes eligibility criteria, pre-plea and post-adjudication pathways for entry, court control over admission, and meaningful incentives for veterans who successfully complete treatment. Additionally, if an eligible veteran is charged in a jurisdiction that does not have a VTC, the policy allows the veteran, with the consent of the district attorney, to petition the court to transfer post-disposition supervision to a jurisdiction with a VTC.

By adopting the Veterans Treatment Court Act framework, states can uphold justice and preserve public safety while giving justice-involved veterans a meaningful opportunity for rehabilitation.