BILL ANALYSIS Ó
AB 2490
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ASSEMBLY THIRD READING
AB 2490 (Butler)
As Amended May 25, 2012
Majority vote
PUBLIC SAFETY 5-0 VETERANS AFFAIRS 8-0
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|Ayes:|Ammiano, Knight, Hagman, |Ayes:|Cook, Pan, Atkins, Block, |
| |Mitchell, Skinner | |Gorell, Nielsen, |
| | | |Williams, Yamada |
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APPROPRIATIONS 17-0
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|Ayes:|Fuentes, Harkey, | | |
| |Blumenfield, Bradford, | | |
| |Charles Calderon, Campos, | | |
| |Davis, Donnelly, Gatto, | | |
| |Ammiano, Hill, Lara, | | |
| |Mitchell, Nielsen, Norby, | | |
| |Solorio, Wagner | | |
| | | | |
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SUMMARY : Assigns a correctional counselor in each prison under
the jurisdiction of the California Department of Corrections and
Rehabilitation (CDCR) to assist veteran inmates in pursuing
veterans' benefits. Specifically, this bill :
1)Requires that a correctional counselor be assigned at every
state prison that is under CDCR's jurisdiction to assist
inmates who are veterans 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.
2)Requires the assigned correctional counselor to coordinate
with the Department of Veterans Affairs, the county
veterans-service officer, veterans-service organizations, or
both, in the county in which the prison is located for advice
and assistance.
EXISTING FEDERAL LAW :
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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.
2)States that an incarcerated veteran is entitled to full
benefits while he or she is participating in a work-release
program or is residing in a halfway house.
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.
4)Prohibits compensation on behalf of a veteran for any period
during which he or she is a "fugitive felon."
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.
6)Requires restoration of withheld benefits if a conviction is
overturned on appeal.
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.
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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."
FISCAL EFFECT : According to the Assembly Appropriations
Committee, annual moderate General Fund (GF) costs, potentially
in the lows hundreds of thousands of dollars, to the extent the
requirements of this bill increase the current workload at the
33 state prisons. If the duties of a correctional counselor at
each prison increase by 10%, annual GF costs would exceed
$300,000.
Given, however, that the objectives of the Veterans Service
Officer (VSO) are consistent with the objectives of
institutional parole agents, these costs could be considered an
existing component of CDCR's mission and therefore absorbable.
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 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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN:
0003859
AB 2490
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