BILL ANALYSIS
AB 589
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Date of Hearing: March 31, 2009
Counsel: Nicole J. Hanson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 589 (Cook) - As Introduced: February 25, 2009
SUMMARY : Enables the California Department of Corrections and
Rehabilitation (CDCR) to contract with county veterans services
to assist an incarcerated honorably discharged veteran and/or
his or her dependents to any privilege, preference, care or
compensation provided by the United States or of California.
Specifically, this bill :
1)Allows CDCR or a local law enforcement agency to contract with
county veterans service officers in the county where the state
or local correctional facility is located to assist an
incarcerated honorably discharged veteran and the veteran's
dependents in presenting and pursuing claims as the veteran
and dependent may have against the United States arising out
of war service 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 California. The department of local enforcement agency
may, pursuant to the contract, compensate a county veterans
service officer for the assistance provided.
2)Defines "incarcerated veteran" to be any person convicted of a
criminal offense who would otherwise be sentenced to county
jail or state prison and who alleges that he or she committed
the offense as a result of post-traumatic stress disorder
(PTSD), substance abuse, or psychological problems stemming
from service in a combat theater in the United States
military, the court shall , prior to sentencing, hold a
hearing to determine whether the defendant was a member of the
military forces of the United States who served in combat and
shall assess whether the defendant suffers from PTSD,
substance abuse, or psychological problems as a result of that
service.
EXISTING LAW :
AB 589
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1)Provides that in the case of any person convicted of a
criminal offense who would otherwise be sentenced to county
jail or state prison and who alleges that he or she committed
the offense as a result of PTSD, substance abuse, or
psychological problems stemming from service in a combat
theater in the United States military, the court shall, prior
to sentencing, hold a hearing to determine whether the
defendant was a member of the military forces of the United
States who served in combat and shall assess whether the
defendant suffers from PTSD, substance abuse, or psychological
problems as a result of that service. [Penal Code Section
1170.9(a).]
2)States that if the court concludes that a defendant convicted
of a criminal offense was a member of the military forces of
the United States suffering from PTSD, substance abuse, or
psychological problems stemming from service in a combat
theater and if the defendant is otherwise eligible for
probation and the court places the defendant on probation, the
court may order the defendant into a local; state; federal; or
private, non-profit treatment program for a period not to
exceed that which the defendant would have served in state
prison or county jail, provided the defendant agrees to
participate in the program and the court determines that an
appropriate treatment program exists. [Penal Code Section
1170.9(b).]
3)Obligates counties to provide mental health treatment services
to members of the military forces of the United States
suffering from PTSD, substance abuse, or psychological
problems stemming from service in a combat theater only to the
extent that resources are available for that purpose. If
mental health treatment services are ordered by the court, the
county mental health agency shall coordinate appropriate
referral of the defendant to the county veterans service
officer. The county mental health agency shall not be
responsible for providing services outside its traditional
scope of services. An order shall be made referring a
defendant to a county mental health agency only if that agency
has agreed to accept responsibility for the treatment of the
defendant. [Penal Code Section 1170.9(c).]
4)Allows CDCR to obtain day treatment, and to contract for
crisis care services, for parolees with mental health
problems. Day treatment and crisis care services should be
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designed to reduce parolee recidivism and the chances that a
parolee will return to prison. CDCR shall work with counties
to obtain day treatment and crisis care services for parolees
with the goal of extending the services upon completion of the
offender's period of parole, if needed. (Penal Code Section
3073.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Veterans have
earned federal benefits for themselves and their dependents by
virtue of their military service. These benefits come from
the federal government. However, CFR 38, the federal rules
which govern veteran's benefits is 1,842 pages long. The
counties, in partnership with the state employ County Veterans
Service Officers to help veterans obtain their benefits. Last
year, CVSO's helped veterans of this state bring in over
$233,000 dollars of new federal money into the state. These
federal benefits also helped alleviate pressures on our
already stressed social services programs such as Medi-Cal.
CVSO's participate in the Medi-Cal Cost Avoidance Program, in
which the CVSO's have since 1995 saved the Medi-Cal program
over $10 million by diverting Medi-Cal recipients to the
appropriate federal veterans assistance program.
"We have many veterans in our state's prisons who themselves
and/or their dependents may be entitled to federal veterans
benefits. This bill is not about appropriating state money
for these prisoners. This bill is about tapping into the
federal money these people have already earned by virtue of
their military service. These benefits and money that can be
brought into this state can possibly help reduce recidivism by
providing for some kind of economic stability to prisoners
upon release."
2)Background : According to information provided by the author,
"There are many incarcerated veterans who may be entitled to
veterans benefits when they are released from prison.
Furthermore, obtaining veterans benefits is a complicated
process. The state funds a small portion of County Veterans
Service Offices in order to help veterans in the outside world
navigate the difficult claims process. Obviously, this
process would be most difficult for the average inmate in our
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state prisons.
"Helping these veterans file for the benefits they are
entitled to helps not only them and their families, but may
also offset some of the costs for welfare, mental heath,
Medi-Cal and other state funded programs which may be in use
by the veteran or dependents.
"Current law requires that a county veteran service officer
(CVSO) assist all veterans and the dependants of deceased
veterans in presenting and pursuing any claims to state and
federal benefits. However, they have limited resources and
are facing budget cuts as counties struggle with the current
economy. AB 589 allows the CA Department of Corrections and
Rehabilitation (CDCR) or a local law enforcement agency to
contract with the CVSOs, within the county which the
correctional facility is located, to provide this assistance
to incarcerated veterans and their dependants provided that
they were honorably discharged from military service."
3)Incarcerated Veterans : A study conducted by the University of
California, San Francisco and the San Francisco Veterans
Affairs Medical Center has shown that approximately one-third
of veterans returning from Iraq received one or more mental
health or psychosocial diagnoses. [See Mental Illness Appears
Common among Veterans Returning from Iraq and Afghanistan,
Science Daily (Mar. 13, 2007)
(as of Mar. 23, 2009).] Another study
reported in the New England Journal of Medicine indicates that
the rate of PTSD among veterans of the wars in Iraq and
Afghanistan increased in a linear manner with increased
exposure to combat. [See generally, Hoge, M.D., Combat Duty
in Iraq and Afghanistan, Mental Health Problems, and Barriers
to Care (2004) 351 N. Engl. J. Med., pp. 13-22.] Studies also
indicate that PTSD may result in drug and alcohol abuse by
veterans. [See Stress & Substance Abuse: A Special Report,
National Institute on Drug Abuse (Sept. 12, 2005)
(as of March 23, 2009).]
Mental health and substance abuse problems experienced by
veterans are linked to future incarceration. In a Bureau of
Justice study, 35 to 45% of incarcerated veterans reported
symptoms of mental health disorders in the previous 12 months,
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including mania, psychotic disorders, and major depressive
episodes. [Noonan & Mumola, U.S. Dep't of Just., Veterans in
State and Federal Prison, 2004 (2007) p. 6.] Three-quarters
of veterans in state prisons reported past drug use and
one-quarter reported being on drugs at the time of the offense
for which they were incarcerated. (Id. at 5.) Veterans are
also more likely than non-veterans to report past intravenous
drug use. [Ibid., See also Badkhen, Shelters Take Many Vets
of Iraq, Afghan Wars, Boston Globe (Aug. 7, 2007) (detailing
the experience of an Iraq veteran who suffered a traumatic
brain injury and mental health issues as a result of his
combat experience, who reported that he was using heroin and
engaging in criminal activity to support his drug habit within
two months of his return home from the war).] It is likely
that a significant number of veterans with substance abuse
issues may be self-medicating as a means of dealing with
mental illness. [See Wynn, Dual Diagnosis, Journal of
Addictive Disorders (2002),
(as of March 23, 2009).]
The reality is that veterans are disproportionately represented
in the prison population, as compared to the population of the
United States as a whole. According to the Department of
Veterans Affairs, in July 2007, there were an estimated
23,977,000 veterans in the United States. [See United States
Department of Veterans Affairs (Jul. 25, 2007) table
(as of March 23, 2009).] In contrast, veterans make up 10% of
state prisoners. (See Noonan & Mumola, supra, at p. 1.) By
2004, veterans of the current conflicts in Iraq and
Afghanistan already comprised for 4% of veterans in state and
federal prisons. (Ibid.)
Veterans are more likely than non-veterans to be incarcerated
for a violent offense, "including over a third who were
serving sentences for homicide (15%) or rape/sexual assault
(23%)." (Id. at 4.) Veterans were also more likely to have
victimized women and children than were other offenders.
(Ibid.)
The current reality is that, once incarcerated, almost
two-thirds of mentally ill prisoners do not receive any form
of treatment. [James & Glaze, U.S. Dep't of Just., Bureau of
Just. Stats., Mental Health Problems of Prison and Jail
Inmates (Sept. 2006) pp. 1,9.] Mentally ill prisoners who
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receive little or no treatment are at great risk of harm, are
particularly "vulnerable to assault, sexual abuse,
exploitation, and extortion," and are more likely to engage in
self-harm, such as self-mutilation and suicide. [Abramsky &
Fellner, Ill- Equipped: U.S. Prisons and Offenders with Mental
Illness, Human Rights Watch (Oct. 21, 2003) p. 56
(as of March 23,
2009).] Mentally ill prisoners are often severely punished
for behaviors that stem from their mental illnesses, including
placement in solitary confinement. (Id. at 56-69.) Isolation
can cause the mentally ill to rapidly decompensate and has
been described as "the mental equivalent of putting an
asthmatic in a place with little air to breathe." [Madrid v.
Gomez (N.D. Cal. 1995) 889 F. Supp. 1146, 1265.]
Providing meaningful mental health treatment has been shown to
significantly reduce recidivism rates, with studies showing
decreases of over 20%. [Aos, Wash. State Inst. For Pub.
Pol'y, Evidence-Based Policy Options to Reduce Future Prison
Construction, Criminal Justice Costs, and Crime Rates (2006).]
Likewise, studies have shown a reduction of more than 6% in
recidivism rates where meaningful chemical dependency services
are provided to prisoners. (Id. at pp. 3, 19.) Chemical
dependency treatment has also been shown to decrease, at least
in the short term, the probability of alcohol dependency by
15% and drug dependency by 22%. (Id. at p.4.)
This bill helps prisoners utilize veterans benefits to obtain
mental health and drug treatment during a term of
incarceration by allowing CDCR to contract with county
veterans services offices. As outlined above, there are many
benefits to incarcerated veterans if such care is received
prior to their release.
4)Argument in Support : According to the California Association
of County Veterans Services Officers (CVSO) , " . . . AB 589
allows the Department of Corrections and Rehabilitation or a
local law enforcement agency to contract with county veterans
service officers in the county where the correctional facility
is located to assist an incarcerated honorably discharged
veteran and the veteran's dependents in presenting and
pursuing any claims to federal veterans benefits. We are
proud to be the sponsor of this legislation.
"We believe that there are many incarcerated veterans who may be
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entitled to veterans benefits but do not know about the
benefits and are not able to facilitate the claims. Helping
these veterans file for the benefits they are entitled to
helps not only them, their dependents but also may offset some
of the costs for welfare, mental health, Medi-Cal and other
state funded programs which may be in use by the veteran or
his dependents.
"The CVSO were established in 1945 to provide services to
returning World War II veterans at the local level. As county
employees, CVSO's annually help California veterans obtain
over $285 million in new federal benefits, many of which would
otherwise be paid by the state's general fund. CVSO's also
participate in the State Welfare Referral Program, which
annually saves the state government $50 million in welfare
cost avoidance. CVSO's are highly trained professionals who
adhere to the highest standards of education and training,
which providing dedicated service to California's 2.5 million
veterans as well as their dependents and survivors."
5)Prior Legislation : AB 2671 (Salas), of the 2007-08 Legislative
Session, is substantially similar to this bill. AB 2671 was
vetoed. In his veto message, the Governor reasoned that:
"This bill is unnecessary, as the California Department of
Corrections and Rehabilitation (CDCR) is already finalizing a
prerelease process for incarcerated veterans, as would be
required under this bill. In addition, the CDCR already asks
inmates about their veteran status upon intake into prison.
Therefore, this bill is not needed in order to ensure that
incarcerated veterans are identified and that their benefits
needs are met."
REGISTERED SUPPORT / OPPOSITION :
Support
American Legion, Department of
California
California Association of County
Veterans Service Officers
Opposition
None received
AB 589
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Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744