BILL ANALYSIS Ó AB 2263 Page 1 Date of Hearing: April 8, 2014 ASSEMBLY COMMITTEE ON VETERANS AFFAIRS Sharon Quirk-Silva, Chair AB 2263 (Bradford) - As Introduced: February 21, 2014 SUBJECT : Veterans service officers: correctional facilities SUMMARY : Requires a parole agent be appointed in correctional facilities as a veteran service officer. Specifically, this bill : 1)Mandates that at each facility that is under the jurisdiction of the Department of Corrections and Rehabilitation (CDCR), there shall be a parole agent who is appointed as a veterans service officer. 2)Directs that the veterans service officer is responsible for assisting 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 because of honorable service in the military. 3)Requires the veterans service officer be authorized to appoint inmates who have served in the military to assist the officer with his or her responsibilities. 4)Directs the veterans service officer to coordinate with the United States Department of Veterans Affairs in order to provide inmates who are veterans with the most efficient access to earned veterans' benefits. 5)Requires the veterans service officer to 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 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 AB 2263 Page 2 day of incarceration. [38 USCS Section 5313(a)(1); 38 C.F.R. Section 3.666(a).] 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. [38 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. [38 USCS Section 5313(b).] 4)Prohibits compensation on behalf of a veteran for any period during which he or she is a "fugitive felon." [38 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. [38 USCS Section 5313B(b).] 6)Requires restoration of withheld benefits if a conviction is overturned on appeal. [38 C.F.R. Section 3.666(m).] 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 AB 2263 Page 3 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 at this time. COMMENTS : According to the author: Recidivism rates among veterans continue to be an issue primarily for economic reasons. Currently the Department of Corrections has been doing a good job of trying to provide veteran inmates with information and forms to apply and receive VA benefits. However, the process for qualifying for VA benefits is often burdensome for even people with a four year college degree. One of the major problems is that facilities do not have a designated person responsible for assuring that veterans are able to have access to VA benefits upon release. AB 2263 would ask the Department of Corrections to designate a parole officer at each facility to assist veterans in filing claims for veteran's benefits in order to help reduce recidivism among this population. Veterans make up approximately 10% of the prison population in California. Of those veterans, 40% served in the conflicts in Iraq and Afghanistan. Though the exact effect is unknown, it is logical that supporting veterans, particularly with whatever financial assistance job assistance, and housing as soon as possible upon their release would have a positive impact on recidivism. As stated by the California Correctional Peace Officers Association, "The transition from inmate to parolee is a difficult one for everyone released from prison. To 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 possible on release from incarceration. Due to AB 2263 Page 4 the nature of incarceration, it may be extremely challenging or impossible for veterans to pursue their benefits without assistance. Having a veteran service officer in each facility increases the likelihood that a veteran will apply and be approved for any compensation, health care, etc. to which the veteran is entitled while still incarcerated. Then the veteran will not have to wait for months or even years for benefits to commence upon release. Under federal law, incarcerated veterans are only eligible to receive 10% of their existing federal benefits. However, the amount not received by the veteran may 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 and accepted. Policy and technical questions for members: "Veteran Service Officer" is generally a term of art meaning someone approved by the United States Department of Veterans Affairs to file claims on behalf of veterans. Filing and supporting claims, particularly disability claims, through the long process with the United States Department of Veterans Affairs is an extremely complex and time consuming task. Is the author's intention that the parole agent be someone who can file claims on behalf of veterans, or something less than that? If the former, there are already County Veteran Service Officers and certain employees of the California Department of Veterans Affairs who are experts in assisting veterans in the manner desired. Does it make sense to retrain correctional personnel as Veteran Service Officers? Given the context, more inmate veterans than average may not have honorable service. If one principal reason to create veteran service officer positions in correctional facilities is to help reduce recidivism, does it not make sense to help as many veterans as possible and drop the honorable service characterization requirement? Dropping the requirement does not change veterans' eligibility for any benefits. Prior Legislation: This bill is nearly identical to the introduced version of AB 2490 (Butler), from 2011. AB 2490 passed out of this House in substantially the same form but was amended in the Senate to AB 2263 Page 5 simply require CDCR to develop policies relative to the release of incarcerated veterans. AB 2490 became law on January 1, 2013. REGISTERED SUPPORT / OPPOSITION : Support Coalition of California Welfare Rights Organizations, Inc. Opposition None on file at this time. Analysis Prepared by : John Spangler / V. A. / (916) 319-3550