BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2563| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 2563 Page 2 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 AB 2563 Page 3 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 AB 2563 Page 4 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 AB 2563 Page 5 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 **** END ****