LINCOLN — Former Secretary of Defense Chuck Hagel joined a Nebraska legislative push Friday to expand the number and types of wayward veterans who can access some of the structure and support provided by problem-solving courts.

Hagel and several veterans advocates spoke during a Judiciary Committee hearing for Amendment 2668 to Legislative Bill 253 from State Sens. Justin Wayne of Omaha and State Sen. Tom Brewer, who represents north-central Nebraska.

Hagel told senators and a pre-hearing crowd that American justice needs to find better tools to deal with veterans back from the nation’s longest wars in Iraq and Afghanistan, tools he said would have helped Vietnam, Korea and World War II vets.

“We have had so many deployments over the last 20 years, and veterans have had so many redeployments going back,” Hagel said. “It’s unfair, I think, for all veterans to be treated the same way (by the justice system).”

Services in more places

The proposal would let every Nebraska state court connect veterans with some of the wraparound services offered today by separate veterans courts in Douglas, Sarpy, Lancaster, Adams, Hall and Buffalo Counties. 

Unlike the fuller county problem-solving courts, which experts said serve 5% of eligible veterans, this proposal would instead rely on the federal Veterans Administration for services such as mental health counseling and medical help.

Brewer, who served in Iraq and Afghanistan, called the proposal a starting point that would be good for veterans, good for Nebraska and “good for our communities.”

“This bill is probably not perfect,” Brewer told the committee. “We were rushed when we put it together. We’re probably 90% there. Let’s focus on the concept.”

Brewer said he, Wayne and State Sen. Lou Ann Linehan of Omaha, a former Hagel staffer, spent the past two weeks weighing parts of a model proposal by the Hagel-led Veterans Justice Commission. Hagel said the bill offers veterans another chance to succeed. 

Separate from veterans courts

Brock Hunter, a Veterans Justice Commission lawyer in Minnesota who led efforts in that state on handling veterans in 2021, said AM 2668 would supplement the “gold-standard model” of separate veterans courts.

“We still want those courts to operate,” Hunter said. “This is meant to expand where some of those services can reach.”

Hunter said he understands when people question whether the VA or private providers have the capacity to serve rural veterans who need mental health care. He said most rural veterans already travel some distance for care. 

Under the proposal, each veteran’s case would get a specific plan for supervision, goals, rules and treatment requirements.

Expanded eligibility

The bill would expand which veterans are eligible for help. It would broaden the group from nonviolent offenders chosen by county prosecutors to participate in a veterans court to any veteran deemed worthy by a judge. 

Among newly eligible veterans would be those charged with violent crimes in situations where their actions can be tied to mental or physical health issues stemming from their military service. Nebraska veterans courts don’t allow that today.

Hagel said he and the Judiciary Committee trust judges to use the facts and information they have about individual cases to make the best decision on who should be eligible for diversion. People who complete most veterans court programs have their charges set aside.

Questions about process

State Sen. Carolyn Bosn of Lincoln, a former Lancaster County prosecutor, questioned the reasons for pulling the decision making from county attorneys and giving it to a judge. She asked testifiers why unelected judges would be better.

Dan Zigg of the Nebraska County Attorneys Association said the proposal places too few restrictions on which crimes would be eligible. He said people charged with sex assault, child sex assault and human trafficking might be deemed eligible as the bill is currently written.

Wayne, who chairs the Judiciary Committee, questioned why prosecutors need a say in the process over judges. He said the committee was starting the conversation and would decide its approach and find a way forward.

Brewer, in closing remarks, expressed frustrations about the hearing devolving into turf battles over who should have what authority instead of considering the people the measure could help. Veterans deserve better, he said.

Next steps

Hunter said Minnesota, in its veterans court service expansion law, gives access to expanded services to veterans who are eligible for probation and are charged with low-to-moderate felonies. Veterans charged with more serious felonies can have their status as a veteran considered as a mitigating factor at sentencing.  

The Nebraska proposal would also allow any veteran to have their status as a veteran considered as a mitigating factor.

The proposal would provide services to veterans who were discharged because of substance abuse disorder, post-traumatic stress disorder, mental health conditions or sexual abuse while in the military. Today, many of those folks can’t easily get help, Hunter said.

Hagel told the Examiner he hopes Nebraska will give judges more options with veterans than just issuing a criminal sentence. His group has found no hard numbers for jailed or imprisoned veterans, but estimates place the number near 200,000 nationally.

“When veterans get in trouble, judges have very few options other than to sentence veterans,” Hagel said. “This allows them to take a look at the facts and really understand what we’re dealing with here. Are there options?”