BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2563|
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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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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
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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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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
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