BILL ANALYSIS Ó
SENATE COMMITTEE ON VETERANS AFFAIRS
Senator Jim Nielsen, Chair
2015 - 2016 Regular
Bill No: AB 1530 Hearing Date: 6/23/15
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|Author: |Committee on Veterans Affairs |
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|Version: |3/18/15 Introduced |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Wade Cooper Teasdale |
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Subject: Veterans: service advocate: correctional facilities.
DESCRIPTION
Summary:
Revises the definition of "veteran" within Article 6 of the
Penal Code (PEN), pertaining to state prison inmates who served
in the U.S. Armed Forces.
Existing law:
1)Requires the California Department of Corrections and
Rehabilitation (CDCR) 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. [PEN § 2695; Military and Veterans Code (MVC) §
1840]
2)Authorizes a veterans service organization to volunteer to
serve as a veterans service advocate at each facility that is
under the jurisdiction of the department. (PEN § 2695.1)
3)Authorizes the advocate to develop a veterans economic
recidivism prevention plan for each inmate who is a veteran.
(PEN § 2695.2)
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4)Defines "veteran" for these purposes as 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. (PEN § 2695.5)
This bill:
Revises the definition of "veteran" in Section 2695.5 of the
Penal Code as follows:
1)Deletes the reference to the American Red Cross;
2)Includes a person who has been discharged from the National
Guard of any state.
BACKGROUND
In popular usage, the term "veteran" commonly applies to any
person who served with a military, naval, or air service branch
of the U.S. Armed Forces. In technical and legal usage, the term
"veteran" applies to those who have served on qualifying active
duty (as specified by Title 10 U.S. Code) and whose discharge or
release from active service was under conditions other than
dishonorable
Relevant federal law
1)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))
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 U.S.C. Section
5313, subd. (a)(2).)
3)Allows the dependents of an incarcerated felon to receive an
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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))
4)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))
5)Existing law 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
U.S.C. Section 5313B, subd. (b))
1)Requires restoration of withheld benefits if a conviction is
overturned on appeal. (38 C.F.R. Section 3.666, subd. (m))
Relevant California law
1)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)
2)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)
In 2012, AB 2490 added the requirement that CDCR develop
policies to assist veteran inmates in pursuing veteran's
benefits. It also allows CDCR to coordinate with the Department
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of Veterans Affairs (CalVet), county veterans services officers
(CVSOs), or veterans service organizations (American Legion,
Veterans of Foreign Wars, etc.) in developing the policies.
AB 2490 (2012) requires the Department of Corrections and
Rehabilitation (CDCR) to develop guidance policies relative to
the release of veterans who are inmates. This 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.
COMMENT
Committee analytical comments
1)In 2014, AB 2263 added Sections 2695.1, 2695.2, 2695.3,
2695.4, and 2695.5, the latter of which installed the
following definition into existing law:
"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.
2)In popular usage, the term "veteran" commonly applies to any
person who served with a military, naval, or air service
branch of the U.S. Armed Forces. In technical and legal usage,
the term "veteran" applies to those who have served on
qualifying active duty (as specified by Title 10 U.S. Code)
and whose discharge or release from active service was under
conditions other than dishonorable.
a) The American Red Cross (ARC) is not a military
organization, and current or former employment with the ARC
does not convey veteran status.
b) The National Guard is a federally recognized military
organization, which is a formal component of both the U.S.
Army and U.S. Air Force; however, an individual Guard must
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be mobilized onto active duty (as specified by Title 10 of
the U.S. Code) in order to qualify for federal and most
state veterans benefits. The state does provide certain
benefits to former Guard members if even they do not
qualify for federal benefits.
It is the general intent of this bill to assist former
military members who are incarcerated as they may be eligible
for benefits not available to those who have not undertaken
military service. It has been the policy of this state to
include the National Guard explicitly where appropriate to
clarify that its members are included.
Related/prior legislation
Assembly Bill 2263 (Bradford, Chapter 652, Statutes of 2014) (1)
authorizes a veterans service organization to volunteer to serve
as a veterans service advocate at each facility under the
jurisdiction of the Department of Corrections and Rehabilitation
(CDCR) to assist veteran inmates with securing specified
benefits upon their release and (2) defines "veteran" for this
purpose.
AB 2490 (Butler, Chapter 407, Statutes of 2012) requires CDCR to
develop guidance policies assisting inmates, who are military
veterans, in pursuing claims for legitimately earned federal
veterans' benefits.
POSITIONS
Sponsor: Author
Support:
AMVETS - Department of California
Jewish War Veterans
Military Officers Association of America - California Council of
Chapters
Vietnam Veterans of American - California State Council
Oppose: None received
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