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“Programs for Justice-Involved Veterans”

Senate Veterans Affairs Committee Hearing

April 15, 2026 (recording here)

HEARING INFORMATION

Witnesses & Written Testimony (linked) (Panel One):

• Clyde “Butch” Tate, Major General, U.S. Army (Ret.): Chief Counsel, All Rise

• The Honorable Lawton Nuss, Chief Justice (Ret.): Kansas Supreme Court

• Corey Schramm: Veteran, U.S. Army

• David “Mac” MacEwen, Brigadier General, U.S. Army (Ret.): Director, Veterans Justice Commission, Council on Criminal Justice

• Rose Carmen Goldberg: Associate Teaching Professor and Director of the Veterans Clinic, University of Washington School of Law

Witnesses & Written Testimony (linked) (Panel Two):

• Dana DiGiacomo: Assistant Director, Reentry Services Division, Federal Bureau of Prisons, U.S. Department of Justice

• Thomas O’Toole, M.D.: Acting Assistant Under Secretary for Health for Clinical Services, U.S. Department of Veterans Affairs

TOP-LINES TO SHOW YOU ARE IN THE KNOW

1. Most justice-involved veterans are not criminals first. They are dealing with untreated PTSD, TBI, and other service-related trauma that went unaddressed after transition.

2. Veterans Treatment Courts work, but most veterans never get access to them because of gaps in identification, eligibility rules, and geographic coverage.

3. We are still catching veterans too late by intervening after arrest instead of fixing the transition process that leaves too many disconnected from care and support.

4. The VA’s Veterans Justice Outreach specialists are doing critical work on the ground, but there are real questions about whether staffing and reach can keep up with demand.

5. Successful reentry is not just about treatment. It requires housing, employment, and legal stability working together, and coordination across systems remains a major challenge.

PARTY LINE PERSPECTIVES

OPENING STATEMENT FROM THE COMMITTEE

• Chairman Jerry Moran began by discussing data showing higher rates of arrest and criminal justice involvement among veterans, particularly those with post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI). He underscored the effectiveness of Veterans Treatment Courts (VTCs) and federal support efforts, including funding for the National Center for Veterans Justice. He stated that Congress should continue strengthening programs that improve outcomes for veterans transitioning from military service.

SUMMARY OF KEY POINTS (PANEL ONE)

• Mr. Clyde “Butch” Tate testified that the nation must go beyond gratitude and take concrete action to care for veterans, particularly those struggling after service. He explained that VTCs worked effectively by providing multidisciplinary, non-adversarial, and person-centered support. He stressed that some veterans faced trauma that led to involvement in the justice system and should not be left behind. He advocated for continued investment in training, technical assistance, and coordinated programs such as the National Center for Veterans Justice to improve outcomes.

• Mr. Lawton Nuss described the challenges faced by justice-involved veterans, including those suffering from PTSD, and illustrated the success of VTCs in Kansas. He explained that Kansas expanded from zero to six such courts through collaboration, training, and federal support. He specifically noted that the Johnson County program achieved a high rehabilitation rate, demonstrating strong outcomes for participants. Mr. Nuss underlined that continued funding, training, and statewide coordination were critical to expanding and sustaining these courts.

• Mr. Corey Schramm shared his personal experience as a veteran who struggled with substance use and faced criminal charges before entering a VTC. He said that the program provided structure, accountability, and support that helped him rebuild his life and relationships. He credited mentorship, VA services, and education opportunities with his recovery and successful reintegration. Mr. Schramm urged continued support and expansion of VTCs so that more veterans could access similar opportunities.

• Mr. David “Mac” MacEwen explained that many veterans entered the criminal justice system due to trauma, gaps in transition support, and systemic challenges. He outlined recommendations from the Veterans Justice Commission, including reforms at the Department of Defense (DOD) and the VA to improve transition services and access to benefits. He mentioned the need for better identification of at-risk service members and expanded access to effective interventions such as VTCs, claiming that the National Center for Veterans Justice could help standardize best practices and improve outcomes nationwide.

• Ms. Rose Carmen Goldberg reported that stated that justice-involved veterans faced significant legal and systemic barriers, particularly those with less than honorable discharges. She argued that access to VTCs and VA services should be expanded, as these veterans often have the greatest need. She outlined issues such as benefit overpayments, lack of mental health care in incarceration, and delays in restoring benefits after release. She also supported legislative efforts and the National Center for Veterans Justice to improve coordination, access, and outcomes for these veterans.

• Ranking Member Richard Blumenthal asked how to increase awareness among veterans about opportunities to upgrade less-than-honorable discharges, noting that many were unaware of available remedies. He framed the issue through an example of a veteran whose discharge status had prevented access to care and benefits. Ms. Goldberg said that misinformation was widespread and emphasized the need for better outreach, education about legal options, and improvements to the timeliness and fairness of the discharge review process. She also mentioned alternative pathways, such as VA character-of-discharge determinations, that could provide access to benefits even without a formal discharge upgrade.

• Sen. Thom Tillis inquired about ways to scale VTCs, establish best practices nationally, and improve transition outcomes for service members. Mr. Tate replied that consistent training and technical assistance were essential to ensuring fidelity to effective VTC models and improving outcomes. He maintained that states with the best results invested heavily in training and avoided implementing poorly executed programs. Sen. Tillis underscored the need for prevention, better transition “stickiness,” and requested follow-up recommendations on best practices.

• Sen. Mazie Hirono questioned why only a small percentage of incarcerated veterans participated in VTCs and how more could gain access. Mr. Nuss explained that many jurisdictions failed to identify veterans in custody and discussed the importance of screening, data systems, and local awareness to establish need. Mr. MacEwen added that eligibility restrictions, such as excluding those with violent offenses or less than honorable discharges, limited participation. He believed that alternative policy frameworks could allow courts without formal VTCs to replicate key elements and expand access.

• Sen. Maggie Hassan asked how to better identify eligible veterans and expand VTC access nationwide. Mr. Tate answered that early identification required training law enforcement and stakeholders to recognize and assess veterans at first contact. He claimed that the proposed National Center for Veterans Justice could improve coordination, education, and best practices. Mr. Nuss added that increased federal funding, broader grant participation, and support for federal and tribal courts could help expand VTC availability.

• Sen. Hassan raised the role of civil legal challenges in contributing to justice involvement among veterans. Mr. Tate explained that veterans often faced multiple overlapping issues, such as housing, employment, and legal problems, that required coordinated community support. Mr. MacEwen then said that intervention often came too late and spoke on the need to address risks during military service and transition.

• Sen. Angus King asked about expanding VA eligibility, providing mental health care to incarcerated veterans, and improving benefit restoration after release. Mr. MacEwen replied that the Commission recommended restoring broader eligibility consistent with the original GI Bill intent, noting that policy changes had restricted access over time. Ms. Goldberg stated that delays in restoring benefits created significant barriers and that current processes were burdensome and slow. Mr. Nuss supported improved data collection and automatic enrollment to better connect veterans to services.

• Chairman Moran inquired about the role of the Transition Assistance Program (TAP) and its connection to preventing justice involvement. Mr. MacEwen responded that TAP was inconsistently used due to competing military priorities and lacked proper evaluation and risk assessment tools. He argued that structural reforms, including removing at-risk service members from operational demands and providing targeted transition support, were necessary. Mr. Tate added that transition challenges were often not immediately visible and that awareness of VTCs was better addressed through broader advocacy and coordination rather than TAP alone.

• The Chairman invited recommendations for questions to pose to the next panel regarding VA and corrections officials. Mr. Tate, Ms. Goldberg, and Mr. Nuss all underscored the critical role of Veterans Justice Outreach (VJO) specialists in connecting veterans to services and supporting VTC success. They highlighted concerns about staffing levels, training needs, and the importance of sustaining and expanding the VJO workforce.

• Chairman Moran then asked Mr. Schramm to describe his experience in the VTC program and how it differed from standard probation. Mr. Schramm explained that the program imposed strict accountability, structure, and personal engagement that he had not experienced previously. He credited his VJO and mentor, as well as the program’s expectations, with changing his behavior and mindset. He asserted that the program’s individualized support and discipline helped him take responsibility and rebuild his life.

SUMMARY OF KEY POINTS (PANEL TWO)

• Ms. Dana DiGiacomo stated that the Bureau of Prisons (BOP) recognized incarcerated veterans as a unique population with distinct needs related to service, including physical and mental health challenges. She described how the BOP identified veterans early and supported them through a three-tiered model that included basic resources, structured programming, and intensive residential services. She underlined the importance of staff training, data tracking, and partnerships with the VA and other agencies to support reentry and continuity of care. Ms. DiGiacomo held that the BOP’s goal was to provide meaningful programming that reduced recidivism and prepared veterans for successful reintegration into their communities.

• Dr. Thomas O’Toole testified that the VA’s Veterans Justice Program aimed to identify justice-involved veterans early and connect them to services that supported recovery, accountability, and reintegration. He highlighted the role of VJO specialists in engaging veterans across courts, jails, and prisons and coordinating care and support services. He explained that VA programs, including reentry outreach and legal services, helped veterans address barriers such as health care access, legal issues, and benefit eligibility. He voiced support for the National Center for Veterans Justice and discussed the importance of coordination across federal, state, and community systems to improve outcomes.

• Chairman Moran asked whether VA engagement with the BOP was adequate. Ms. DiGiacomo confirmed that the partnership was strong, reporting that VA staff or contractors regularly visited facilities to support incarcerated veterans. She noted that this collaboration helped meet veterans’ needs through ongoing coordination.

• The Chairman then asked why he should be confident that veterans’ justice programs would remain a priority within the VA. Dr. O’Toole responded that the programs were prioritized because they demonstrated clear success in reconnecting veterans to care, housing, and employment. When asked whether staffing levels for these programs were sufficient, he stated that staffing was generally adequate, citing approximately 515 outreach specialists and a manageable vacancy rate. He mentioned that the program was supported by congressional funding and could expand staffing as the number of VTCs increased.

• Chairman Moran questioned how the VA ensured continuity of care for veterans after release from incarceration. Dr. O’Toole explained that the VA could not provide direct care while veterans were incarcerated, but focused on creating a seamless transition upon release. He emphasized that outreach specialists played a key role in reconnecting veterans to VA services and ensuring timely access to care. He also said that coordination efforts were underway with the Department of Justice on the National Center for Veterans Justice.

• Sen. Jim Banks inquired about the nature of collaboration between the BOP and the VA. Ms. DiGiacomo replied that coordination occurred primarily at the local level, with staff working directly with VA counterparts and using data sharing to verify veteran status. She then acknowledged that additional staffing and resources were needed, particularly support coordinators at each facility to better serve incarcerated veterans.

• Sen. Banks asked how the BOP’s reentry strategy addressed the cycle between homelessness and incarceration. Ms. DiGiacomo shared that the BOP used a holistic approach to assess individual needs and provide programming such as education and trauma support. She highlighted transitional opportunities under the Second Chance Act that allowed individuals to reintegrate into the community before full release.

• Sen. Banks then questioned the importance of permanently authorizing the health care for homeless veterans program. Dr. O’Toole said that the program was critical, underlining that integrated services connecting housing, health care, and social support significantly improved outcomes. He cited high rates of mental health and substance use treatment engagement among participating veterans.

• Chairman Moran asked whether most VTCs operated at the state level and how that related to federal incarceration. Ms. DiGiacomo answered that the BOP primarily worked with veterans already in custody and focused on providing services and following judicial recommendations. She indicated that federal systems supported veterans without the same court-based structure seen in state VTCs.

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