Bills introduced to expand alternatives to incarceration for Alaska Veterans

Veterans share many of the same legal challenges faced by our civilian population, from unemployment, evictions, and fraud, to family and criminal law disputes. They may also face challenges from the nature of their discharge as well as challenges to their mental and physical health because of their military service.

Across the country, approximately 107,400 military veterans are incarcerated in state or federal prisons, comprising nearly 8% of state and 6% of federal inmates. About one-third of veterans report being arrested at least once. High rates of PTSD, traumatic brain injury (TBI), substance abuse, and homelessness, are often cited as contributing factors to this trend.

Alaska is home to approximately 60,000 veterans, and far too many continue to face challenges related to their military service, including post-traumatic stress disorder, which is linked to higher rates of substance abuse and incarceration.

To help Veterans and their families meet their legal needs, in November 2021, then-Attorney General Merrick Garland directed the Office for Access to Justice (ATJ) to identify effective ways to promote access to justice in the civil and criminal legal systems, including through medical-legal partnerships, legal assistance clinics, Veterans Treatment Courts, and reentry programs and services.

To address, promote and prioritize veteran-centered access to justice solutions in Alaska, Senator Löki Gale Tobin, D-Anchorage, and Representative Will Stapp, R-Fairbanks, have introduced Senate Bill 236 and House Bill 299, known as the Veterans Justice Act, which creates a statewide veteran sentencing program to reduce recidivism and support veterans' reintegration into society who face certain criminal charges, while upholding public safety in Alaska.

The Veterans Justice Act focuses on early intervention and support for veterans facing criminal justice charges, with a focus on rehabilitative sentencing. Currently, veterans in the justice system face a patchwork of programs that vary widely by jurisdiction and are often difficult to access because of strict eligibility requirements, geographic location, and limited incentives to participate.

“As the Representative for Fort Wainwright in Fairbanks, I am acutely familiar with the issues that affect veterans transitioning out of the service with these experiences,” said Representative Stapp. “This bill is meant to balance the need for individuals to be accountable for their own actions and the duty we owe our men and women who volunteer to protect and preserve our way of life.”

“Military service can leave lasting impacts. Recognizing that accountability and rehabilitation are not mutually exclusive, we can create a uniform, evidence-based veteran sentencing program that holds veterans accountable while ensuring they have access to treatment and support,” said Sen. Tobin. “This will help reduce recidivism and support successful reintegration into their communities. These folks put their lives on the line for our freedoms, and they deserve our support.”

Senate Bill 236 and House Bill 299 will allow courts to use deferred judgments and probation for veterans who meet the criteria. It requires individualized case plans, evidence-based treatment, and directs courts to consider a defendant’s veteran status as a factor at sentencing. There are exemptions to this Act for individuals facing certain serious offenses.

The legislation also directs law enforcement, courts, and correctional personnel to verify veteran status. In addition, the bill requires the Alaska Criminal Justice Data Analysis Commission to collect and report data on program outcomes.

Senate Bill 236 has been referred to the Senate State Affairs and Senate Judiciary Committees. House Bill 299 has been referred to the House Department of Military and Veterans Affairs Committee and the House Judiciary Committee.