Serving Those Who Serve: A 50-State Ranking on Veterans and Military Affairs Policy cover

Serving Those Who Serve: A 50-State Ranking on Veterans and Military Affairs Policy

Zachary Federico, Jonathan Williams, Lee Schalk, Christian Whittle & Max Myers • November 10, 2026

Chapter 3: Supporting Justice-Involved Veterans

Veterans Treatment Courts

ALEC Policy Resource: Veterans Treatment Court Act

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 model policy Veterans Treatment Court Act addresses these concerns by establishing clear statewide standards for VTC structure, eligibility, and procedures. It 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 creates a mechanism for the veteran to request his or her case be transferred to a jurisdiction with a VTC.

Scoring Details

Statewide Framework

  • 5 points are awarded when a state has a statewide framework with uniform standards in statute.
  • 2 points are awarded when the statewide framework is missing critical elements, such as eligibility criteria and completion incentive.
  • 2 points are awarded when the statewide framework is established by the executive branch or judiciary branch outside of statute.

Broad Eligibility

  • 1 point is awarded when the statewide framework allows the court to consider all veterans and service members for entry.
  • 0 points are awarded when eligibility is not defined, limited by discharge status, or excludes service members.

Multiple Entry Pathways

  • 1 point is awarded when the state allows eligible veterans and service members to enter a VTC pre-trial and post-adjudication.
  • 0 points are awarded when only one entry pathway exists.

Admission Control

  • 1 point is awarded when admission is controlled by the court.
  • 0 points are awarded when admission is controlled by the prosecutor.

Completion Incentive

  • 1 point is awarded when successful completion of VTC treatment guarantees a defined legal benefit.

Transfer Petition

  • 1 point is awarded when a state allows eligible veterans to petition for transfer if their jurisdiction does not have a VTC.
StateScoreStatewide FrameworkBroad EligibilityMultiple Entry PathwaysAdmission ControlCompletion IncentiveTransfer Petition
Alabama2001010
Alaska0000000
Arizona1000100
Arkansas7511000
California3200100
Colorado3200001
Connecticut0000000
Delaware2200000
Florida10511111
Georgia7501100
Hawaii0000000
Idaho4201100
Illinois8511100
Indiana5201110
Iowa0000000
Kansas0000000
Kentucky1000001
Louisiana6510000
Maine6201111
Maryland0000000
Massachusetts0000000
Michigan6500010
Minnesota8510110
Mississippi7501010
Missouri7510100
Montana0000000
Nebraska3200010
Nevada9511110
New Hampshire7511000
New Jersey0000000
New Mexico3201000
New York2001001
North Carolina5201110
North Dakota1000100
Ohio3200100
Oklahoma2200000
Oregon2200000
Pennsylvania0000000
Rhode Island0000000
South Carolina0000000
South Dakota0000000
Tennessee3200001
Texas8511010
Utah5500000
Vermont0000000
Virginia2200000
Washington0000000
West Virginia7501010
Wisconsin0000000
Wyoming2200000

Diversion for Justice-Involved Veterans

ALEC Policy Resource: Veterans Justice Act

While Veterans Treatment Courts (VTCs) are the gold standard for supporting justice-involved veterans, not every county or judicial district will have sufficient resources or a veteran population to support a VTC. The ALEC model policy Veterans Justice Act helps ensure that justice-involved veterans in these areas are supported by empowering judges with alternative sentencing options for veterans with service-related conditions, such as post-traumatic stress disorder, substance use disorder, military sexual trauma, and traumatic brain injury. Much like a VTC, these alternative sentencing options order the veteran to complete treatment under probation. Veterans who successfully complete their treatment program will avoid incarceration and have their charges reduced or dismissed, unless the judge finds that the veteran remains an ongoing risk to public safety.

Fourteen states have enacted some form of diversion program that resembles the Veterans Justice Act. To ensure that the policy empowers judges with adequate resources to support eligible veterans, the states are scored on having a veteran diversion program, providing incentives for successful completion, court control over admission, and broad discretion over eligibility.

Scoring Details

Diversion

  • 4 points are awarded when a state has a veteran diversion statute.

Eligibility

  • 2 points are awarded when a judge can use the diversion statute for any veteran or service member.
  • 1 point is awarded when the diversion statute does not include service members.
  • 0 points are awarded when a judge is prohibited from using the diversion statute based on a veteran’s discharge status or specific experience.

Completion Incentive

  • 2 points are awarded when successful completion leads to charges being dismissed or reduced.
  • 1 point is awarded when successful completion may lead to charges being dismissed or reduced.

Admission Control

  • 1 point is awarded if the judge has full discretion over using the diversion statute.
  • 0 points are awarded if the prosecutor controls entry.

Offense Type

  • 1 point is awarded if the judge has full discretion over using the diversion statute for most offense types.
  • 0 points are awarded if broad offense types, such as all felonies, are ineligible.
StateScoreDiversionEligibilityCompletion IncentiveAdmission ControlOffense Type
Alabama640101
Alaska000000
Arizona842101
Arkansas000000
California1042211
Colorado000000
Connecticut941211
Delaware000000
Florida942201
Georgia000000
Hawaii000000
Idaho000000
Illinois000000
Indiana000000
Iowa000000
Kansas740201
Kentucky000000
Louisiana540001
Maine000000
Maryland000000
Massachusetts942111
Michigan000000
Minnesota1042211
Mississippi000000
Missouri000000
Montana000000
Nebraska000000
Nevada1042211
New Hampshire000000
New Jersey842101
New Mexico000000
New York000000
North Carolina000000
North Dakota941211
Ohio000000
Oklahoma000000
Oregon740201
Pennsylvania000000
Rhode Island000000
South Carolina000000
South Dakota000000
Tennessee000000
Texas000000
Utah000000
Vermont000000
Virginia740111
Washington000000
West Virginia000000
Wisconsin000000
Wyoming000000