INTRODUCTION
The relationship between military service and involvement in the criminal justice system has been well documented. In scholarly literature, studies on incarcerated Veterans date back to the Vietnam War era.
1–3 Several years after the war, the U.S. Bureau of Justice Statistics began surveying inmates about their prior military service.
4 This data and related research have revealed risk factors leading to the incarceration of Veterans.
5–7 These include substance use disorder, mental illness, homelessness, and criminal history. Exposure to war zones may also have a negative impact, possibly leading to subsequent criminal misconduct.
8 In 2008, a study found that approximately one-fifth of U.S. troops who saw action in combat reported symptoms of post-traumatic stress disorder (PTSD) and depression.
9 Statistics by Veterans Affairs Canada (VAC) estimate that “up to 10% of war zone Veterans – including war-service Veterans and peacekeeping forces – will go on to experience … PTSD, while others may experience at least some of the symptoms associated with this condition.”
10 Other war-related factors, in addition to combat exposure
11–13 and PTSD,
14,15 such as substance abuse
6 and difficulty transitioning to civilian life,
13,16 may further increase the risk of incarceration for Veterans.
Elbogen et al, who proposed a risk assessment tool for evaluating incarcerated Veterans, identified several risks for recidivism, including substance use disorder, lack of income, history of violence and arrests, combat experience, and anger associated with PTSD.
17 According to a survey of Veterans in U.S. state and federal prisons and local jails (facilities under the jurisdiction of a city, district, or county that generally house inmates awaiting sentencing or serving sentences of 12 months or less), between 2011 and 2012, 8% of all inmates serving time in correctional facilities were Veterans, a decrease from 2004.
18 The average age of incarcerated Veterans in jails was 43 years, 11 years older than the average age of non-Veterans (32 years). Twenty-five percent of Veterans in prison and 31% of Veterans in jails reported participating in combat while in the military. Incarcerated Veterans who had seen combat were more likely to have been diagnosed with a mental health condition than non-combat Veterans (60% vs. 44% in prison, and 67% vs. 49% in jails). Forty-eight percent of Veterans in prison and 55% in jails had been told they had a mental health condition by a mental health professional. Approximately 43% of Veterans in prison had at least four prior arrests, as compared to 55% of non-Veterans. Additionally, 64% of Veterans in prison had been sentenced for violent offences – 35% for violent sexual offences and 29% for non-sexual violent offences – compared to 52% of non-Veterans (23% for violent sexual offences and 29% for non-sexual violent offences). Incarcerated Veterans also had more formal education than non-Veterans.
18 Studies comparing the mental health histories of justice-involved Veterans to Veterans with no justice system involvement found justice-involved Veterans were more likely to report prior diagnoses, or treatment, for mental health conditions and higher instances of comorbid psychiatric and substance use disorders.
6,19,20 A meta-analysis of 18 samples from studies of incarcerated Veterans highlighted the fact that “at least half of justice-involved Veterans are estimated to have a substance use disorder, which may have implications for likelihood of re-offending,” adding that research shows Veterans with comorbid disorders have the greatest number of arrests and are more likely to be violent.
21In September 2010, the U.K. Defence Analytical Services and Advice (DASA) unit of the Ministry of Defence and the Ministry of Justice estimated that 3.5% of inmates in England and Wales had served in the British Armed Forces.
22 Similar to the findings in the U.S., 99.6% of these Veteran inmates were male. Fifty-one percent were age 45 and older, while 29% were over age 55. The majority were serving sentences for violence against the person (33%) or sexual offences (25%).
Published data on incarcerated Veterans in Canada is limited. A study by Correctional Service Canada (CSC)
23 and VAC to determine the current number of offenders in federal facilities (institutions for offenders serving a custodial sentence of two years or more) with Canadian military service is the most comprehensive published study, to date, on incarcerated Veterans, updating two earlier studies conducted on similar populations.
24,25 Of the 3,956 offenders included in the study, 3% self-reported serving in the Canadian Armed Forces. Nearly all were male (97.4%) and were serving an average sentence of 3.2 years. On admission, Veterans were older than other inmates, at 42.5 and 36.5 years old, respectively. The rate at which both Veterans and non-Veterans reported a previous diagnosis of depression was 25%. Although Veterans in the CSC/VAC study reported a low rate of alcohol dependence, substance use was a factor in the offences of 35% of them. Veterans in the study were also more likely than non-Veterans to be incarcerated for a sexual offence; 37% had a sexual offence history, and 14% were repeat sex offenders. Similar to non-Veterans, 90% of incarcerated Veterans were classified as medium-to-high static risk. Additionally, 89% were classified as medium-to-high need, with the areas of highest need being personal/emotional (73%), attitude (65%), associates (47%), substance abuse (47%), and employment (43%). Veterans were said to have medium-to-high re-integration potential (72%) overall, and 80% were said to have moderate-to-high motivation, which suggests a willingness to engage in correctional plans.
23Pilot study
In March 2011, a pilot study was conducted to determine the number of former military personnel incarcerated at three Ontario detention centres.
26 Detention centres are provincially operated, maximum-security correctional facilities for adults remanded into custody awaiting trial or serving sentences of less than two years. A total of 19 inmates reported previous military service and took part in the pilot study. On average, participants had served in the military for five years. Almost all were previously incarcerated, and all reported at least one risk factor for incarceration. Those who had been deployed during their service were more likely than those who had not been deployed to be diagnosed with and received treatment for a mental health condition prior to incarceration. The current study builds on the results of the pilot study and seeks to determine the unique characteristics and criminogenic risk factors of Veterans. It posits that, if Veterans are identified on admission to the judicial system, future care could be more appropriately directed to reduce criminal recidivism.
RESULTS
Demographics
The total number of participants that met the inclusion criteria for the study was 25, all of whom were male. No females were included in the study, as none identified as serving in the military. Only one of the participants from the pilot project was able to participate in the current study, as he was released from custody after the completion of the pilot project but arrested on new charges during the time the current study was conducted. Of the 25 study participants, 52% were born in Canada, and 84% were Canadian citizens. Sixty-eight percent identified as white, 8% as Aboriginal, 8% as black, and 16% as being of other racial origins. Approximately 12% of incarcerated Veterans reported being married or having a common-law partner and had, on average, 1.6 children. Participants in the study ranged in age from 25 to 73, with an average age of 43.5 years. Forty percent reported some form of post-secondary education (college, university or a certificate program); however, 12% did not complete high school. In regard to income, 48% reported being employed full or part-time at the time of their arrest, 28% reported receiving disability benefits, and 8% reported having no income. Six of 25 participants (24%) reported a lack of stable housing (having no fixed address) at the time of their arrest. It should be noted that OTIS identified a seventh study participant with no fixed address at the time of the study; however, the participant reported having an address during his research interview.
Military service
Of the 25 study participants, 13 (52%) served in the CAF, six (24%) reported serving in the U.S. military, two (8%) in the Yugoslav National Army, and one each in the Portuguese, Venezuelan, Cuban, and South Korean armed forces. The average age at which participants reported entering the military was 21 (ranging from ages 17 to 38). The average number of years reported to be served was 6 (ranging from basic training to 25 years). Two (8%) participants reported serving less than a year, 14 (56%) served between 1 and 5 years, and nine (36%) served more than 5 years. A total of 92% of participants reported serving in the regular force, with 20% reporting service in both the regular and reserve forces. Eight percent reported their time in the military as compulsory service. The majority of participants reported the army as the branch of service to which they belonged and their rank as a non-commissioned member. Fifty-six percent reported receiving an honourable discharge. Eight (32%) reported receiving benefits from VAC or Veterans Affairs (VA). Reasons for military discharge differed by participant but included medical release, pursuit of civilian opportunities, disillusionment and legal issues, including arrest.
Forty-eight percent of participants reported difficulty transitioning from military to civilian life. They described experiencing negative events related to transition, including divorce, substance use and legal issues. When participants were asked to describe the effect of military service on their lives, 92% reported positive effects. These included feeling a sense of accomplishment, learning discipline and teamwork. Conversely, 88% reported negative experiences as well. These included the death of friends, exposure to danger, stress, alcohol abuse, mental health problems, and a lack of support.
Participant history
All study participants (except for one who was on immigration hold) were admitted on remand to provincial detention centres. None was admitted on a sentence to incarceration. Over two-thirds of participants (68%) had a history of previous incarcerations, and 48% were arrested for the first time while serving in the military. The average length of time between release from the military and first arrest for the 13 participants who had not been arrested during their military service was 19.9 years, with a range of 0 to 43 years.
Study participants reported a past or present history of alcohol abuse (88%) and substance abuse (64%), identified through self-reports, health care records, and LSI–OR scores. Substance abuse and alcohol abuse were scored as either 1 (present) or 0 (not present) based on answers to the questions “Have you abused drugs?” (and “which ones?”) and “Have you abused alcohol” (and “frequency and quantity?”). Scores were determined based on the definition of substance/alcohol abuse in the Diagnostic and Statistical Manual of Mental Disorders (5th ed.; DSM-5). Self-reports were compared to information provided by nurses at the correctional facilities and the LSI–OR. Self-reported admissions of alcohol and substance abuse were favoured, but information obtained from the LSI–OR and nurses took precedence in two cases where alcohol abuse was denied by participants. The LSI–OR supported self-reports of substance abuse in all but one case, in which an inmate admitted to abusing drugs in the past, but the information was not scored on the LSI–OR. Cannabis was self-reported to be the most commonly used illicit drug among those who used drugs, followed by cocaine.
Of the participants in the study, 72% had received a mental health diagnosis. Twenty-four percent, identified either by self-report or chart review, were said to be suffering from apparent PTSD due to deployment. No other identified mental health conditions could be directly attributed to military service. A total of 4% of participants received treatment for mental health conditions prior to serving in the military, 20% received treatment while serving, and 64% after their service. Fifty-six percent reported taking psychotropic medications, and 24% had a history of traumatic brain injury. Six of the study participants expressed suicidal ideation upon admission. Two reported experiencing suicidal thoughts at the time of the study, and four had attempted or threatened suicide in the past.
Military deployments
Twelve study participants (48%) reported deploying to a war zone or on other operational military missions occurring between 1979 and 2012. The characteristics of incarcerated Veterans who were and were not deployed are summarized in
Table 1.
Six of 12 incarcerated Veterans who deployed during their service were diagnosed with PTSD, while all 13 incarcerated Veterans who did not deploy during their service were not diagnosed with such a condition. Six participants with no history of deployment reported having a psychiatric condition, most commonly depression. Although it was more common for participants who had deployed to seek mental health treatment while serving, treatment rates post-service were similar for both groups. Only one participant from each group sought treatment for mental health prior to service. Although the two groups shared many similar offences, those with no history of deployment were charged with more serious crimes than those who had been deployed at the time of the study.
Criminogenic risk factors
This study revealed that the mean age at which participating incarcerated Veterans were first charged with an offence was 35. It also showed that the length of time between release from the military and being initially charged could range from 0 to 43 years. Seventy-two percent of incarcerated Veterans had a history of previous convictions, with 48% arrested for the first time while serving in the military (one of them did not get convicted). For those on remand (24), the most frequent charges faced by study participants were administration of justice offences (41.7%) and assault and related offences (33.3%). For those on remand, the most serious offences were homicide and related offences (29.2%) and assault and related offences (20%).
Eight study participants (32%) had an LSI–OR risk assessment on file. These had been administered by social workers at the detention centres. LSI–OR scores are used to predict criminal recidivism by addressing eight domains of risk and need. According to the LSI–OR assessments, one participant was classified as very high (override from medium) risk to re-offend, five were classified as high (including three overrides from medium) risk to re-offend, and two were classified as medium (including one override from low) risk to re-offend. The specific domains listed as medium-to-high risk included criminal history (5/8) and family/marital (4/8), while the other six domains (education/employment, leisure/recreation, companions, pro-criminal attitude/orientation, substance abuse, and antisocial pattern) were scored low or very low.
DISCUSSION
The average age of the subjects in this study (43.5 years) was similar to the average ages found in U.S. and UK studies of incarcerated Veterans.
22,29 The average age of inmates in Ontario detention centres is 34.5 years, while the average age of inmates in Canadian federal institutions is 33 years. An Ontario study found the mean age of 522 inmates with mental health conditions in Ontario correctional facilities to be 35 years.
27 Thus, the mean ages of inmates identified in these studies are younger than the mean age of incarcerated Veterans identified in the current study. Entry into the military at a later age has become more common in Canada since the mid-1980s. Research suggests that the age at which an individual enters the military is associated with different outcomes, and late mobilization has been shown to increase the “risk of negative trajectories for physical health” related to “work-life disadvantages” for Veterans, such as late entry into the workforce after military service.
30 In the current study, the average age at which participants entered the military was 21, following which they served for an average of six years. Some were deployed multiple times and involved in combat, while others did not deploy during their military service.
This study shows there is great diversity among incarcerated Veterans at Ontario detention centres. Other studies of this population have not included Veterans who served in the armed forces of other countries,
22,24,29 yet this study showed 48% of participants served for countries other than Canada. Study participants were determined to be older and more educated than the majority of inmates at provincial correctional facilities (see
Table 2) in Ontario. This is consistent with data produced by U.S. studies.
29Criminogenic risk factors
A number of incarcerated Veterans in the study were at risk for recidivism. In general, study participants reported the same risk factors for incarceration as those reported in the literature for non-Veteran inmates (
Table 3). Risk factors included prior criminal convictions (72%), mental health conditions (72%), homelessness (24%), and alcohol and substance abuse (88% and 64%, respectively). Seventy-five percent of participants with an LSI–OR on file were either at high or very high risk of recidivism, as compared to only 61% of all men admitted to provincial correctional institutions in Ontario. The CSC study
23 found that almost 90% of incarcerated Veterans were classified as medium-to-high static risk, and 89% were medium-to-high need.
Similar to data seen in U.S. studies,
32 the Veterans in our study showed that they were incarcerated for more violent crimes than the general inmate population (see
Table 4).
Some participants had extensive criminal backgrounds, while others had no prior convictions. Some had committed their first offence while in the military, some shortly after leaving the military, and others, decades later. Likewise, DASA found a lengthy gap between military discharge and custody for many ex-servicemen in the U.K. who became offenders.
22Effects of military experience
Participants were asked to identify themes related to their military and post-service experiences. Incarcerated Veterans said the experience changed them and their ability to trust others. Many encountered threats to their lives and had witnessed death. They had experienced PTSD and mood disorders. They had trouble with substance use and family issues after leaving the military.
In a U.K. study, over 90% of inmates were found to have a mental health condition, a significant cause of morbidity in prisons.
32 In the current study, 72% of participants had received a mental health diagnosis, and an equal number had received mental health treatment.
Incarcerated Veterans are members of two populations with documented elevations in suicide rates: inmates and Veterans. Although it has been hypothesized that this intersection would mean incarcerated Veterans face a higher suicide risk than either group independently, the true suicide rate among incarcerated Veterans is unknown.
33 Almost 25% of the study participants expressed suicidal ideation upon admission.
Conclusion
Although many of the risk factors faced by incarcerated Veterans are similar to those of non-Veterans, this study reveals that there are specific differences in terms of age, education level and nature of charges between Veterans and non-Veterans incarcerated in Ontario detention centres. The data shows that the criminal history of Veterans studied cannot be readily attributed to their military service, given the criminogenic risk and need factors identified. The significance of combat-related PTSD, as an additional risk factor, is currently unknown.
The CAF will inevitably continue to be involved in international missions and,
34 at this time, it is unknown whether the number of incarcerated Veterans will increase as a result. In the U.S., the number of incarcerated Veterans in state and federal prisons and local jails decreased from 2004 to 2011–2012, which was consistent with a decline in the number of Veterans in the U.S. general population.
18 Regardless, as some Veterans will end up in Canadian jails or prisons, there is a need for comprehensive services and recognition of risk factors.
Several studies have already begun the necessary work of evaluating the effectiveness of support programs designed for incarcerated Veterans.
35,36 These studies propose programs, such as Veteran-specific courts, individualized employment support programs, and reliable verification methods for Veteran status. As Wortzel et al note, the receipt of benefits by Veterans “has been shown to be associated with a reduction in the risk of deaths for Veterans when they are released from prison.”
37 In a 2010 strategic plan by the U.S. Department of Veterans Affairs, the need for such programs was highlighted to “ensure access to exceptional care, tailored to individual needs, for justice-involved Veterans by linking each Veteran to VA and community services that will prevent homelessness, improve social and clinical outcomes, facilitate recovery and end Veterans’ cyclical contact with the criminal justice system.”
38If Veteran status was indicated upon admission to a correctional facility in Canada, it would be easier to identify this population and any specific needs they have that might differ from the general inmate population. A deeper understanding of the characteristics and risk factors associated with Veteran incarceration would enable VAC associates and correctional services to understand and address the needs of this at-risk population and tailor treatments accordingly.
Limitations and future directions
This study has a number of limitations. As the study comprised a convenience sample of volunteers at five Ontario provincial detention centres, representativeness of the sample to the general population of provincial inmates in Ontario may be limited. The sample size was also small, further restricting the generalization of results. Moreover, data relied primarily on self-reporting by participants. However, records for all CAF and half of U.S. Armed Forces participants were confirmed. Further research is required to advance understanding of the factors, including combat-related PTSD, that lead to the incarceration of Veterans.