Amended in Assembly May 23, 2014

Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2263

Introduced by Assembly Member Bradford

February 21, 2014

An act to add Sections 2695.1, 2695.2, 2695.3, begin delete and 2695.4 end delete begin insert 2695.4, and 2695.5 end insert to the Penal Code, relating to veterans.

LEGISLATIVE COUNSEL’S DIGEST

AB 2263, as amended, Bradford. Veterans service begin delete ombudsman: end delete begin insert advocate: end insert correctional facilities.

Existing law establishes the Department of Veterans Affairs, which is responsible for administering various programs and services for the benefit of veterans, and the Department of Corrections and Rehabilitation to oversee the state prison system. Existing law also authorizes each county board of supervisors to appoint a county veterans service officer to perform specified veterans-related services, including assisting veterans in pursuing claims for federal or state veterans’ benefits. Under existing law, the Department of Corrections and Rehabilitation is required to develop guidance policies relative to the release of veterans who are inmates with the intent to assist 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 because of honorable service in the military. In developing those policies, the Department of Corrections and Rehabilitation is authorized to coordinate with the Department of Veterans Affairs and the county veterans service officer or veterans service organizations.

This bill would begin delete require a staff member to end delete begin insert authorize a veterans service organization to volunteer to end insert serve as a veterans service begin delete ombudsman end delete begin insert advocate end insert at each facility that is under the jurisdiction of the Department of Corrections and Rehabilitation. The begin delete veterans service ombudsman end delete begin insert advocate end insert would be responsible for begin delete assisting inmates who are veterans in pursuing claims for veterans’ benefits, as specified. end delete begin insert developing a veterans economic recidivism prevention plan. The bill would require, in order to assist with the development and execution of that plan, the Department of Corrections and Rehabilitation to, among other things, provide the advocate with access, subject to restrictions, to inmates who are veterans and end insert begin insert to existing resources, as specified, that would assist the advocate in implementing the veterans economic recidivism prevention plan. end insert The bill would require the begin delete veterans service ombudsman end delete begin insert advocate end insert to coordinate with the United States Department of Veterans Affairs, the Department of Veterans Affairs, and county veterans service officers, as specified. begin insert The bill would define “advocate” and “veteran” for these purposes, and would include a related statement of legislative intent. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

It is the intent of the Legislature to help inmates
who have served in the military to access federal and state veterans’
benefits earned from military service so that those inmates are
better equipped to successfully reintegrate into the community,
thereby reducing costs to the state.

SEC. 2.  

Section 2695.1 is added to the Penal Code, to read:

2695.1.  

At each facility that is under the jurisdiction of the
Department of Corrections and Rehabilitation, begin delete there shall be a staff
member who shall end delete begin insert a veterans end insert begin insert service organization may volunteer
to end insert serve as a veterans service begin delete ombudsman end delete begin insert advocate end insert .

SEC. 3.  

Section 2695.2 is added to the Penal Code, to read:

2695.2.  

begin insert (a) end insert begin insert   end insert The begin delete ombudsman described in Section 2695.1 end delete
begin insert advocate end insert shall be responsible for begin delete assisting inmates who are
veterans, including, but not limited to, facilitating access of inmates
who are veterans to county veterans service officers, United States
Department of Veterans Affairs and California Department of
Veterans Affairs officers and personnel, and facilitating access to
the inmates who are veterans by those officers and personnel, so
that the inmates who are veterans may pursue claims for federal
veterans’ benefits or any other privilege, preference, care, or
compensation provided under federal or state law because of
service in the military. end delete begin insert developing a veterans economic recidivism
prevention plan within 180 days prior to end insert begin insert an inmate’s release date. end insert

begin insert

(b) The veterans economic recidivism prevention plan shall
include, but not be limited to, the following:

end insert begin insert

(1) Facilitating access of each inmate who is a veteran to county
veterans service officers, California Department of Veterans Affairs
and United States Department of Veterans Affairs officers and
personnel, so that the inmate may pursue claims for federal
veterans’ benefits or any other privilege, preference, care, or
compensation provided under federal or state law because of the
inmate’s service in the military.

end insert begin insert

(2) Developing a plan for how an inmate who is a veteran will
access earned veterans’ benefits that he or she may be eligible for
upon the inmate’s release.

end insert begin insert

(c) In order to assist with the development and execution of the
veterans economic recidivism prevention plan, the Department of
Corrections and Rehabilitation shall do both of the following:

end insert begin insert

(1) (A) Facilitate access by the advocate to each inmate who
is a veteran.

end insert begin insert

(B) Access by the advocate is subject to those department
screening and clearance guidelines and training requirements that
are imposed on other visitors and volunteers.

end insert begin insert

(C) Access by the advocate shall be allowed to the extent it does
not pose a threat to the security or safety of the facility, or to
inmates and staff.

end insert begin insert

(2) Provide the advocate with access to existing resources,
including, but not limited to, computer and Internet access, that
would assist the advocate in implementing the veterans economic
recidivism prevention plan, to the extent it does not pose a threat
to the security or safety of the facility, or to inmates and staff.

end insert

SEC. 4.  

Section 2695.3 is added to the Penal Code, to read:

2695.3.  

The begin delete ombudsman described in Section 2695.1 end delete begin insert advocate end insert
shall coordinate with the United States Department of Veterans
Affairs in order to provide begin delete inmates who are veterans end delete begin insert each inmate
who is a veteran end insert with access to earned veterans’ benefits.

SEC. 5.  

Section 2695.4 is added to the Penal Code, to read:

2695.4.  

The begin delete ombudsman described in Section 2695.1 end delete begin insert advocate end insert
shall coordinate with the California Department of Veterans Affairs
and the county veterans service officer in the county in which the
facility is located for advice, assistance, and training, and to
evaluate the effectiveness of the begin delete program end delete begin insert veterans economic
recidivism prevention plan end insert .

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 2695.5 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 2695.5. end insert   

For purposes of this article, the following definitions
shall apply:

(a) “Advocate” means a veterans service organization that is
federally certified and has volunteered to serve as a veterans
service advocate pursuant to this title.

(b) “Veteran” means a person who has been discharged from
the United States Army, United States Navy, United States Air
Force, United States Marine Corps, United States Coast Guard,
the Merchant Marine, or the American Red Cross.

end insert