BILL ANALYSIS Ó
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2490|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 2490
Author: Butler (D)
Amended: 8/22/12 in Senate
Vote: 21
SENATE VETERANS AFFAIRS COMMITTEE : 7-0, 6/26/12
AYES: Correa, Cannella, Berryhill, Calderon, Negrete
McLeod, Rubio, Lieu
NO VOTE RECORDED: Runner
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 7/3/12
AYES: Hancock, Anderson, Liu, Price, Steinberg
NO VOTE RECORDED: Calderon, Harman
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/16/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
ASSEMBLY FLOOR : 75-0, 5/30/12 - See last page for vote
SUBJECT : Veterans: correction counselors
SOURCE : American Legion-Department of California
AMVETS-Department of California
Vietnam Veterans of America-California State
Council
DIGEST : This bill requires the Department of Corrections
and Rehabilitation (CDCR) to develop guidance policies
relative to the release of veterans who are inmates. This
CONTINUED
AB 2490
Page
2
bill requires policies to be developed to assist veterans
who are inmates pursuing claims for federal veteran's
benefits, or establishing rights to any other privilege,
preference, care, or compensation which veterans are
entitled under federal or state law. This bill states the
CDCR, in developing the policies, may coordinate with the
Department of Veterans Affairs and the county veterans
service officer or veterans service organizations.
ANALYSIS :
Relevant Federal Law
Existing law limits the veterans' benefits a veteran may
receive while he/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. (38
United States Code (U.S.C.) Section 5313, subd. (a)(1); 38
Code of Federal Regulations (C.F.R.) Section 3.666, subd.
(a))
Existing law 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. (38 U.S.C. Section 5313, subd. (a)(2).)
Existing law 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. (38 U.S.C. Section
5313, subd. (b))
Existing law prohibits compensation on behalf of a veteran
for any period during which he/she is a "fugitive felon."
(38 U.S.C. Section 5313B; 38 C.F.R. Section 3.666, subd.
(n))
Existing law defines a "fugitive felon" as a person who is
a fugitive by reason of:
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
CONTINUED
AB 2490
Page
3
from which the person flees; or
Violating a condition of probation or parole imposed
for commission of a felony under Federal or State law.
(38 U.S.C. Section 5313B, subd. (b))
Existing law requires restoration of withheld benefits if a
conviction is overturned on appeal. (38 C.F.R. Section
3.666, subd. (m))
Relevant California Law
Existing law contains a number of provisions aimed at
assisting California veterans, such as farm and home loan
assistance (Military and Veterans (MVC) Code Section 987.50
et seq.), business enterprise opportunities (MVC Sections
999 to 999.13), and educational assistance (MVC Section 981
et seq)
Existing law 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)
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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
CONTINUED
AB 2490
Page
4
According to the Senate Appropriations Committee, CDCR
estimates costs of approximately $1.5 million annually
(General) resulting from 0.5PY at each of the 33
institutions, and using a half-time mid-range CCI position
including benefits at $3,790 per month for each position.
SUPPORT : (Verified 8/22/12)
American Legion-Department of California (co-source)
AMVETS-Department of California (co-source)
Vietnam Veterans of America-California State Council
(co-source)
American Federation of State County and Municipal Employees
California Correctional Peace Officers Association
California Public Defenders Association
Legal Services for Prisoners with Children
ASSEMBLY FLOOR : 75-0, 5/30/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Dickinson,
Donnelly, Eng, Fong, Furutani, Beth Gaines, Galgiani,
Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman,
Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber,
Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue,
Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel Pérez, Portantino, Silva, Skinner,
Smyth, Solorio, Swanson, Torres, Wagner, Wieckowski,
Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Davis, Feuer, Fletcher, Fuentes, Valadao
RM:RJG:d 8/22/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED
AB 2490
Page
5
CONTINUED