BILL ANALYSIS Ó
SENATE COMMITTEE ON VETERANS AFFAIRS
Senator Jim Nielsen, Chair
2015 - 2016 Regular
Bill No: AB 2563 Hearing Date: 6/14/16
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|Author: |Committee on Veterans Affairs |
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|Version: |2/19/16 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Wade Teasdale |
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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.
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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
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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
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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.
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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.
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