BILL ANALYSIS
AB 589
Page 1
ASSEMBLY THIRD READING
AB 589 (Cook)
As Amended June 1, 2009
Majority vote
PUBLIC SAFETY 7-0 VETERANS AFFAIRS 8-0
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|Ayes:|Solorio, Hagman, |Ayes:|Salas, Cook, DeVore, |
| |Furutani, Gilmore, Hill, | |Gilmore, Huber, Lieu, |
| |Ma, Skinner | |Saldana, Yamada |
| | | | |
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APPROPRIATIONS 17-0
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|Ayes:|De Leon, Nielsen, | | |
| |Ammiano, | | |
| |Charles Calderon, Davis, | | |
| |Duvall, Fuentes, Hall, | | |
| |Harkey, Miller, | | |
| |John A. Perez, Price, | | |
| |Skinner, Solorio, Audra | | |
| |Strickland, Torlakson, | | |
| |Krekorian | | |
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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 (CVSOs) in the county where the
state or local correctional facility is located to assist an
incarcerated 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 a local enforcement
agency may, pursuant to the contract, compensate a CVSO for the
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assistance provided, at a rate of no more than $20,000 annually.
2)Provides that no more than six correctional facilities, as
designated by CDCR, may be the subject of contracts with CVSOs.
3)Defines "incarcerated veteran" as a veteran proscribed under
existing law who is incarcerated in a state or local correctional
facility, but does not include a veteran who has been dishonorably
discharged or who has a bad conduct charge.
EXISTING LAW :
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.
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.
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
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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.
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 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.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
"As this bill is permissive and limited to $120,000 total in any
case, state costs should be minimal."
COMMENTS : 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 CVSOs to help veterans obtain their benefits. Last year,
CVSOs 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. CVSOs participate in the Medi-Cal Cost
Avoidance Program, in which the CVSOs 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."
Please see the policy committee for a full discussion of this bill.
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916) 319-3744
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FN: 0001283