BILL ANALYSIS Ó
AB 2490
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2490 (Butler)
As Amended August 22, 2012
Majority vote
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|ASSEMBLY: |75-0 |(May 30, 2012) |SENATE: |37-0 |(August 23, |
| | | | | |2012) |
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Original Committee Reference: PUB. S.
SUMMARY : Requires the California Department of Corrections and
Rehabilitation (CDCR) to develop policies to assist veteran
inmates in pursuing veteran's benefits.
The Senate amendments :
1)Require the CDCR to develop guidance policies intended to
assist veteran inmates in obtaining veterans' benefits.
2)Allow CDCR to coordinate with the Department of Veterans
Affairs and county veterans services officers or veterans
service organizations in developing the policies.
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.
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."
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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.
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."
AS PASSED BY THE ASSEMBLY , this bill assigned 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)Required 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
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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)Required 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.
FISCAL EFFECT : According to the Senate Appropriations
Committee, likely one-time costs of approximately $50,000 to
CDCR for developing a guidance policy applicable to veteran
inmates who are released from state prison.
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."
This bill was substantially amended in the Senate and the
Assembly-approved version of this bill was deleted. This bill,
as amended in the Senate, is inconsistent with the Assembly
actions and the provisions of this bill, as amended in the
Senate, have not been heard in an Assembly policy committee.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN:
0005491