BILL ANALYSIS
AB 589
Page 1
Date of Hearing: April 14, 2009
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Mary Salas, Chair
AB 589 (Cook) - As Introduced: February 25, 2009
SUBJECT : Department of Corrections and Rehabilitation:
contracts: county veterans service officers: incarcerated
veterans.
SUMMARY : This bill would allow the Department of Corrections
and Rehabilitation (CDCR), or a local law enforcement agency to
contract with county veterans' services officers in the county
where the state or local correctional facility is located.
Specifically, this bill :
1) Allows would allow CDCR to assist an incarcerated
honorably discharged veteran and the veteran's dependents
in presenting and pursuing any claims and in establishing
the veteran's and dependent's right to any privilege,
preference, care, or compensation provided for by the laws
of the United States or of this state.
2) Authorizes CDCR or local enforcement agency to, pursuant
to the contract, compensate a county veterans service
officer for the assistance provided.
EXISTING LAW :
1) Requires the 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 re-entry
to society and that will most likely reduce the inmate's
chances of re-offending.
2) States the Legislature's findings that the period
immediately following incarceration is critical to
successful reintegration of the offender into society and
to positive citizenship. It is in the interest of public
safety for California to provide for the supervision of and
surveillance of parolees, including the judicious use of
revocation actions, and to provide educational, vocational,
AB 589
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family and personal counseling necessary to assist parolees
in the transition between imprisonment and discharge.
3) Requires California veterans in need of mental health
services and who meet existing eligibility requirements be
provided services to the extent resources are available.
4) Requires the United States to pay eligible veterans for
disabilities resulting from personal injury suffered or
disease contracted in the line of duty, or for aggravation
of a pre-existing injury suffered or disease contracted in
the line of duty.
FISCAL EFFECT : Unknown
COMMENTS : CDCR has been cooperating with the United States
Department of Veterans Affairs (USDVA) for several years in
identifying persons who have honorably served in the military.
CDCR indicates that during the classification process every
inmate is asked if he or she served in the United States
military and was honorably discharged. CDCR notes affirmative
responses, although they are not required to verify or confirm
the inmate's veteran status. Based on the data entered, CDCR
provides lists of potential veterans pending parole to the
USDVA. The USDVA is then responsible for confirming eligibility
and making contact with the inmate/parolee. According to the
department, the USDVA provides benefits, services and programs
to assist veterans with housing, treatment, counseling,
education, and employment. Parolees who are veterans are
entitled to participate in USDVA programs to improve their
opportunities for successful parole.
As of January 31, 2008, there were almost 4,000 inmates who
responded YES to the military service question on the
classification score sheet.
CDCR already is in the process of creating a prerelease
application process for honorably discharged incarcerated
veterans. In collaboration with the USDVA, CDCR has entered
into a formal agreement for a pre-parole benefits application
and eligibility determination process in which veteran's benefit
applications will be submitted to USDVA up to 180 days prior to
release from incarceration. This process is intended to ensure
that eligible incarcerated veterans have their benefits
substantially developed prior to release, and in some situations
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have an eligibility determination prior to release.
CDCR notes that it also has developed pre-parole process
agreements with the Social Security Administration (SSA) and the
Department of Health Care Services, which will benefit veterans.
CDCR is utilizing contracted benefits social workers within the
prisons to apply for federal and state benefit entitlements
prior to an inmate's return to the community. Benefits that
will be applied for are: SSA benefits and state sponsored
Medi-Cal.
This codifies existing practice at specific CDCR facilities.
REGISTERED SUPPORT / OPPOSITION :
Support
American Legion
California Association of County Veterans Service Officers
California Public Defenders Association
Drug Policy Alliance
Vietnam Veterans of America, California State Council
Opposition
None on file.
Analysis Prepared by : Eric Worthen / V. A. / (916) 319-3550