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 --