BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                       CONSENT


          Bill No:  AB 2563
          Author:   Committee on Veterans Affairs  
          Introduced:2/19/16  
          Vote:     21  

           SENATE VETERAN AFFAIRS COMMITTEE:  5-0, 6/14/16
           AYES: Nielsen, Hueso, Allen, Nguyen, Roth

          SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

           ASSEMBLY FLOOR:  79-0, 4/21/16 (Consent) - See last page for  
            vote

           SUBJECT:   Veterans:  service advocate:  correctional  
                     facilities


          SOURCE:    Author
          
          DIGEST:  This bill revises the definition of "veteran" - as used  
          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.


          ANALYSIS: 

          Existing law:

          1)Establishes the 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 veterans'  
            benefits, or in establishing rights to any other privilege,  
            preference, care, or compensation provided under federal or  








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            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" - as used 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

          Definition of "veteran." In popular usage, the term "veteran"  
          applies to any person who served with a military, naval, or air  
          service branch 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 federal  
          definitional criteria used to determine eligibility for  
          specified federal veterans benefits.

          Incarcerated veterans. According to CDCR, California's total  
          in-custody population is approximately 128,000, of which  
          approximately 6,800 are veterans.

          Federal law provides as follows:

          1)Limits the federal benefits a veteran may receive while he/she  
            is incarcerated for a felony, except provides a 60-day grace  








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            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)Requires restoration of benefits if a conviction is overturned  
            on appeal.

          California law, pertaining to incarcerated veterans, provides as  
          follows:
           
           1)Requires CDCR to "conduct assessments of all inmates that  
            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)

          2)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.

          3)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  








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               federal or state law.

             b)   States that CDCR, in developing the policies, may  
               coordinate with CalVet, CVSOs, or veterans service  
               organizations.

          4)Defines, for the above purposes, "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.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          SUPPORT:   (Verified8/1/16)


          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


          OPPOSITION:   (Verified8/1/16)


          None received




           ASSEMBLY FLOOR:  79-0, 4/21/16
           AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  








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            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, Linder, Lopez, Low, Maienschein, Mathis,  
            Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Quirk, Rodriguez, Salas,  
            Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,  
            Waldron, Weber, Wilk, Williams, Wood, Rendon
           NO VOTE RECORDED: Ridley-Thomas



          Prepared by:  Wade Teasdale / V.A. / (916) 651-1503
          8/4/16 9:24:51


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