BILL ANALYSIS
AB 589
Page 1
Date of Hearing: May 13, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 589 (Cook) - As Amended: May 4, 2009
Policy Committee: Public
SafetyVote: 7-0
Veterans Affairs 8-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill authorizes the California Department of Corrections
and Rehabilitation (CDCR) to contract with county veterans
services officers (CVSOs) to help incarcerated honorably
discharged veterans and/or dependents access any privileges,
preferences or compensation provided by the U.S. or California.
CDCR or a local enforcement agency may, pursuant to the
contract, compensate a county veterans service officer for
assistance provided.
FISCAL EFFECT
1)As this bill is permissive, and closely mirrors current CDCR
efforts to identify veterans and available services, state
costs could be minimal. By explicitly authorizing CDCR to
enter into contracts, however, this bill creates GF cost
pressures that could range into the low millions of dollars.
There are 19 CVSOs in counties with state prisons. Contracts
for $100,000 at 15 locations would be $1.5 million.
2)Local law enforcement costs are not state-reimbursable and
should be minimal, as this bill is permissive and local
authorities are not currently prevented from entering into
such contracts.
COMMENTS
1)Rationale. The author's intent is to facilitate the provision
of existing services to incarcerated veterans. The author
states, "We have many veterans in our state's prisons who
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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."
According to the sponsor, the California Association of County
Veterans Services Officers, "We believe that there are many
incarcerated veterans who may be 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."
2)Current law:
a) Requires CDCR to conduct assessments of all inmates,
including the inmate's history of substance abuse, medical
and mental health, education, family background, criminal
activity, and social functioning. The assessments are used
to place inmates in appropriate programs.
b) 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 military service,
the court shall hold a hearing to assess whether the
defendant suffers from PTSD, substance abuse, or
psychological problems as a result of that service.
If the court concludes an offender was suffering from
PTSD, substance abuse, or psychological problems stemming
from military service, and if the defendant is otherwise
eligible for probation, the court may order the defendant
into a treatment program for a period not to exceed that
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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.
3)Current CDCR practice regarding veterans . For several years,
CDCR has worked with the U.S. Department of Veterans Affairs
(USDVA) to identify inmates who are veterans. During the
classification process, every inmate is asked if he or she
served in the military. Based on the inmate's response, CDCR
provides lists of potential veterans pending parole to the
USDVA. The USDVA is then responsible for confirming the
veteran's eligibility and contacting the inmate/parolee. The
USDVA provides benefits, services, and programs to assist
inmate veterans with housing, treatment, counseling,
education, and employment.
According to CDCR, about every two months, USDVA
representatives visit each institution and meet with
incarcerated veterans and inform them of the resources
available upon release from prison.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081