BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1530|
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THIRD READING
Bill No: AB 1530
Author: Committee on Veterans Affairs
Introduced:3/18/15
Vote: 21
SENATE VETERAN AFFAIRS COMMITTEE: 5-0, 6/23/15
AYES: Nielsen, Hueso, Allen, Nguyen, Roth
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 5/14/15 (Consent) - See last page for
vote
SUBJECT: Veterans: service advocate: correctional
facilities
SOURCE: Author
DIGEST: This bill revises the definition of "veteran" within
Article 6 of the Penal Code, which pertains to state prison
inmates who have served in the United States Armed Forces.
ANALYSIS:
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
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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.
2)Authorizes a veterans service organization to volunteer to
serve as a veterans service advocate at each facility that is
under the jurisdiction of CDCR.
3)Authorizes the advocate to develop a veterans economic
recidivism prevention plan for each inmate who is a veteran.
4)Defines "veteran" for these purposes as a person who has been
discharged from the United States Army, Navy, Air Force,
Marine Corps, Coast Guard, Merchant Marine, or American Red
Cross.
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; and
2)Includes a person who has been discharged from any state's
National Guard.
Background
In popular usage, the term "veteran" commonly applies to any
person who served with a military, naval, or air service branch
of the United States 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, United States
Code) and whose discharge or release from active service was
under conditions other than dishonorable.
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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.
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/she is a "fugitive felon," as defined.
5)Restores withheld benefits if a conviction is overturned on
appeal.
Relevant California law:
1)Contains provisions assisting California veterans with farm
and home loan assistance, business enterprise opportunities,
and educational assistance.
2)Requires CDCR to "conduct assessments of all inmates that
include, but are not limited to, the inmate's history of
substance abuse, medical and mental health, education, family
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background, criminal activity, and social functioning. The
assessments shall be used to place inmates in programs that
will aid in reentry to society and that will most likely
reduce the inmate's chances of reoffending."
In 2012, AB 2490 (Butler, Chapter 407) added the requirement
that CDCR develop policies to assist veteran inmates in pursuing
veteran's benefits. It also allowed CDCR to coordinate with the
Department 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 required CDCR to develop guidance policies relative to
the release of veterans who are inmates. The policies must
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. The bill states that CDCR,
in developing the policies, may coordinate with CalVet, CVSOs or
veterans service organizations.
Comments
1)The author's intent is 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.
2)The American Red Cross is not a military organization, and
current or former employment with this organization does not
convey veteran status.
Related/Prior Legislation
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AB 2263 (Bradford, Chapter 652, Statutes of 2014) (1) authorized
a veterans service organization to volunteer to serve as a
veterans service advocate at each facility under the
jurisdiction of CDCR to assist veteran inmates with securing
specified benefits upon their release and (2) defined "veteran"
for this purpose.
AB 2490 (Butler, Chapter 407, Statutes of 2012) required CDCR to
develop guidance policies assisting inmates, who are military
veterans, in pursuing claims for legitimately earned federal
veterans' benefits.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified7/8/15)
AMVETS - Department of California
Jewish War Veterans
Military Officers Association of America - California Council of
Chapters
Vietnam Veterans of American - California State Council
OPPOSITION: (Verified7/8/15)
None received
ASSEMBLY FLOOR: 78-0, 5/14/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
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Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Linder, Medina
Prepared by:Wade Cooper Teasdale / V.A. / (916) 651-1503
7/9/15 11:02:20
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