BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1530| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 1530 Page 2 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. AB 1530 Page 3 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 AB 1530 Page 4 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 AB 1530 Page 5 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: (Verified9/4/15) AMVETS - Department of California Jewish War Veterans Military Officers Association of America - California Council of Chapters Vietnam Veterans of American - California State Council OPPOSITION: (Verified9/4/15) 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, AB 1530 Page 6 Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, 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 9/4/15 17:32:34 **** END ****