BILL ANALYSIS Ó SENATE COMMITTEE ON VETERANS AFFAIRS Senator Jim Nielsen, Chair 2015 - 2016 Regular Bill No: AB 2563 Hearing Date: 6/14/16 ----------------------------------------------------------------- |Author: |Committee on Veterans Affairs | |-----------+-----------------------------------------------------| |Version: |2/19/16 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Wade Teasdale | | | | ----------------------------------------------------------------- Subject: Veterans: service advocate: correctional facilities DESCRIPTION Summary: Revises the definition of "veteran" in Section 2695.5 of the Penal Code by deleting the reference to the American Red Cross and including a person who has been discharged from the National Guard of any state. Existing law: 1)Establishes the Department of Corrections and Rehabilitation (CDCR) to oversee the state prison system. 2)Requires 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. 3)Authorizes a veterans service organization to volunteer to serve as a veterans service advocate at each facility that is under the jurisdiction of CDCR. 4)Authorizes the advocate to develop a veterans economic recidivism prevention plan for each inmate who is a veteran. AB 2563 (Committee on Veterans Affairs) Page 2 of ? 5)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. This bill: Revises the definition of "veteran" in Section 2695.5 of the Penal Code by deleting the reference to the American Red Cross and including a person who has been discharged from the National Guard of any state. BACKGROUND Incarcerated veterans According to CDCR, California's total in-custody population is approximately 128,000, which includes approximately 6,800 incarcerated veterans. In general, federal law mandates significant reductions in federal veterans benefits available during the period of the veteran's incarceration. The United States Department of Veterans Affairs can pay certain benefits to veterans who are incarcerated in a federal, state, or local penal institution; however, the amount depends on the type of benefit and reason for incarceration. All or part of the compensation not paid to an incarcerated veteran may be apportioned to the veteran's spouse, child or children, and dependent parents on the basis of individual need. In determining individual need, consideration shall be given to such factors as the claimant's income and living expenses, the amount of compensation available to be apportioned, the needs and living expenses of other claimants as well as any special needs, if any, of all claimants. Definition of "veteran " In popular usage, the term "veteran" commonly applies to any person who served with a military, naval, or air service branch AB 2563 (Committee on Veterans Affairs) Page 3 of ? of the U.S. Armed Forces. In technical and legal usage, the term "veteran" usually 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. For certain programmatic purposes in California state law, the definition can vary; for example, sometimes specifically including members of the National Guard, who may not always meet all the criteria contained in the federal definition. 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 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)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 AB 2563 (Committee on Veterans Affairs) Page 4 of ? 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) 3)Requires CDCR to develop policies to assist veteran inmates in pursuing veteran's benefits. Also allows 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. 4)Requires CDCR to develop guidance policies relative to the release of veterans who are inmates. a) 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. b) States that CDCR, in developing the policies, may coordinate with CalVet, CVSOs, or veterans service organizations. 5)For the above purposes, defines "veteran" 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. COMMENT 1)Author comments : The term veteran commonly applies to a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable. The American Red Cross is not a military organization. The National Guard is a military organization. AB 2563 (Committee on Veterans Affairs) Page 5 of ? 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. 1)Committee comments : AB 2563 is identical to the introduced version AB 1530 (Assembly Veterans Affairs Committee, 2015), which had moved through the Legislature without any opposing votes. This includes approval by the Senate Veterans Affairs Committee as a Consent item, 5-0 vote, 6/23/15), and onto the Senate Third Reading Consent Calendar. (On 9/4/15, AB 1530 was moved to the inactive file, and subsequently gut-and-amended into a completely different subject matter.) POSITIONS Sponsor: Author. Support: American G.I. Forum of California American Legion - Department of California AMVETS - Department of California Military Officers Association of America - California Council of Chapters Veterans of Foreign Wars - Department of California Vietnam Veterans of American - California State Council Oppose: None on file. -- END --