BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2490
                                                                  Page  1

          Date of Hearing:   April 24, 2012

                       ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
                                 Paul J. Cook, Chair
                 AB 2490 (Butler) - As Introduced:  February 24, 2012
           
          SUBJECT  :   Veterans service officers: correctional facilities

           SUMMARY  :   Designates a parole officer at each facility to 
          assist veterans in filing claims for veterans benefits.  
          Specifically,  this bill  :  

          1)Requires a parole agent to be appointed as a veterans service 
            officer at any facility that is under CDCR's jurisdiction.

          2)Makes the veterans service officer responsible for assisting 
            veterans who are inmates in pursuing claims for federal 
            veterans' benefits, or in establishing rights to any other 
            privilege, preference, care, or compensation provided under 
            federal or state law due to honorable military service.

          3)Allows the veterans service officer to appoint inmates who 
            have served in the military to assist with his or her 
            responsibilities.

          4)Requires the veterans service officer to coordinate with the 
            United States Department of Veterans Affairs in order to best 
            access earned veterans' benefits.

          5)Requires the veterans service officer to coordinate with the 
            United States Department of Veterans Affairs and the service 
            officer in the county in which the facility is located for 
            advice, assistance, and training, as well as to evaluate the 
            effectiveness of the program.

           EXISTING FEDERAL LAW  

          1)Limits the veterans' benefits a veteran may receive while he 
            or she is incarcerated for a felony, except provides a 60-day 
            grace period where the incarcerated veteran may still receive 
            full benefits.  The withholding of benefits begins on the 61st 
            day of incarceration.  Ý38 USCS Section 5313(a)(1); 38 C.F.R. 
            Section 3.666(a).]

          2)States that an incarcerated veteran is entitled to full 








                                                                  AB 2490
                                                                  Page  2

            benefits while he or she is participating in a work-release 
            program or is residing in a halfway house.  Ý38 USCS Section 
            5313(a)(2).]

          3)Allows the dependents of an incarcerated felon to receive an 
            apportionment of the benefits to which the incarcerated 
            veteran would have been entitled, unless the dependent is 
            incarcerated for a felony.  Ý38 USCS Section 5313(b).]

          4)Prohibits compensation on behalf of a veteran for any period 
            during which he or she is a "fugitive felon."  Ý38 USCS 
            Section 5313B; 38 C.F.R. Section 3.666(n).]

          5)Defines a "fugitive felon" as a person who is a fugitive by 
            reason of:

             a)   Avoiding prosecution, or custody or confinement after 
               conviction, for an offense, or an attempt to commit an 
               offense, which is a felony under the laws of the place from 
               which the person flees; or

             b)   Violating a condition of probation or parole imposed for 
               commission of a felony under Federal or State law.  Ý38 
               USCS Section 5313B(b).]

          6)Requires restoration of withheld benefits if a conviction is 
            overturned on appeal.  Ý38 C.F.R. Section 3.666(m).]

          7)All or any part of the compensation not paid to a veteran may, 
            as appropriate in an individual case, be apportioned under the 
            same terms and conditions to a surviving spouse, child, or 
            children.

           EXISTING STATE LAW  :

          1)Contains a number of provisions aimed at assisting California 
            veterans, such as farm and home loan assistance (Military and 
            Veterans Code Sections 987.50 et seq.), business enterprise 
            opportunities (Military and Veterans Code Sections 999 to 
            999.13), and educational assistance (Military and Veterans 
            Code Sections 981 et seq.).

          2)Adopts the same standards used in federal law to determine 
            benefits eligibility for incarcerated veterans.  









                                                                  AB 2490
                                                                  Page  3

          3)Requires CDCR to "conduct assessments of all inmates that 
            include, but are not limited to, data regarding the inmate's 
            history of substance abuse, medical and mental health, 
            education, family background, criminal activity, and social 
            functioning.  The assessments shall be used to place inmates 
            in programs that will aid in their reentry to society and that 
            will most likely reduce the inmate's chances of reoffending."  
            (Penal Code Section 3020.)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

          According to the author, 
               For many Veterans of the United States Military who 
               are incarcerated, they are unaware of the benefits 
               they are rightfully owed for their service to our 
               country. This bill would create a Veterans Service 
               Officer (VSO) at all Department of Correction 
               facilities to help Veterans receive their benefits 
               they are entitled to. Though veterans cannot collect 
               on their benefits while incarcerated, by having a VSO 
               at each facility they can begin the process and have 
               their rightful benefits ready for them the day they 
               are released.   

          There have been multiple studies conducted recently that have 
          pointed out a disturbing trend in veterans returning from Iraq 
          and Afghanistan. Approximately one-third of veterans returning 
          received a mental health or psychosocial diagnosis. The rate of 
          Post-Traumatic Stress Disorder in veterans has also increased at 
          greatly, resulting in a higher rate of drug and alcohol abuse by 
          veterans. Mental health and substance abuse problems veterans 
          experience are linked to future incarceration. In a nutshell, 
          due to the increase of servicemembers in combat areas, there is 
          an increase of veterans in the prison population. 

          Veterans make up 10% of the prison population in California. Of 
          those veterans, 40% served in the conflicts in Iraq and 
          Afghanistan. It would be a shame if these veterans were released 
          from prison, only to return again due to lack of knowledge 
          regarding benefits they may be eligible to receive, such as job 
          assistance and housing. According the California Correctional 
          Peace Officers Association, "The transition from inmate to 
          parolee is a difficult one for everyone released from prison. To 








                                                                  AB 2490
                                                                  Page  4

          the extent that veterans are eligible for services from the 
          federal government it will ease their transition and thereby 
          reduce recidivism. In our view, the potential benefits of this 
          measure will far exceed its costs."

          Veterans who are inmates should be able to have their benefits 
          begin as soon as they are released from prison. By having a VSO 
          in the prison working with the veteran, he/she will have applied 
          for what they can already so that the veteran does not have to 
          wait for months or even years for benefits to kick in, reducing 
          the chance that the veteran will end up in prison again. 

          Under federal law, incarcerated veterans are only eligible to 
          receive 10% of their existing federal benefits. However, the 
          amount not received by the veteran can be apportioned to the 
          spouse, child or children, and dependent parents of the veteran 
          while the veteran is incarcerated if the proper paperwork is 
          filed. 

           PRIOR LEGISLATION  : 

             1.   AB 589 (Cook), of the 2009-2010 Legislative Session, 
               enabled CDCR to contract with county veterans services to 
               assist an incarcerated, honorably-discharged veteran and/or 
               his or her dependents to any privilege, preference, care or 
               compensation provided by the United States or California.   
                

             2.   AB 2671 (Salas), of the 2007-08 Legislative Session, 
               would have required CDCR to create a prerelease application 
               process for honorably-discharged incarcerated veterans who 
               are eligible for federal and state benefits.  AB 2671 was 
               vetoed.

           
          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Legion-Department of California (Co-Sponsor)
          AMVETS-Department of California (Co-Sponsor)
          Vietnam Veterans of America-California State Council 
          (Co-Sponsor)
          American Federation of State County and Municipal Employees
          California Correctional Peace Officers Association








                                                                  AB 2490
                                                                  Page  5

          California Public Defenders Association
          Legal Services for Prisoners with Children
           
          Opposition 
           
          None on file.
           
          Analysis Prepared by  :    John Spangler / V. A. / (916) 319-3550