BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Mark Leno, Chair A
2009-2010 Regular Session B
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AB 589 (Cook)
As Amended June 1, 2009
Hearing date: July 7, 2009
Penal Code
SM:mc
CORRECTIONS: INCARCERATED VETERANS
HISTORY
Source: California Association of County Veterans Service
Officers
Prior Legislation: AB 2671 (Salas) - 2008, vetoed
Support: California Public Defender's Association; Legal
Services for Prisoners with Children (previous
version); California Psychological Association
(previous version); California Correctional Peace
Officers Association (previous version)
Opposition:None known
Assembly Floor Vote: Ayes 78 - Noes 0
KEY ISSUES
SHOULD THE DEPARTMENT OF CORRECTIONS AND REHABILITATION OR A
LOCAL LAW ENFORCEMENT AGENCY BE PERMITTED TO CONTRACT WITH
COUNTY VETERANS SERVICE OFFICERS IN THE COUNTY WHERE THE STATE
OR LOCAL CORRECTIONAL FACILITY IS LOCATED TO ASSIST INCARCERATED
VETERANS, AS SPECIFIED, AND THE VETERANS' DEPENDENTS IN
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PRESENTING AND PURSUING CLAIMS FOR VETERANS BENEFITS TO WHICH
THEY ARE ENTITLED?
(CONTINUED)
SHOULD THESE AGENCIES BE PERMITTED, PURSUANT TO THE CONTRACT, TO
COMPENSATE A COUNTY VETERANS SERVICE OFFICER FOR THE ASSISTANCE
PROVIDED AT A RATE OF NO MORE THAN $20,000 ANNUALLY?
SHOULD NO MORE THAN SIX CORRECTIONAL FACILITIES, AS DESIGNATED BY
THE DEPARTMENT OF CORRECTIONS AND REHABILITATION, BE PERMITTED TO BE
THE SUBJECT OF SUCH CONTRACTS?
PURPOSE
The purpose of this bill is to provide that (1) the Department
of Corrections and Rehabilitation or a local law enforcement
agency may contract with county veterans service officers in the
county where the state or local correctional facility is located
to assist incarcerated veterans, as specified, and the veterans'
dependents in presenting and pursuing claims as the veterans and
dependents may have against the United States arising out of war
service and in establishing the veterans' and dependents' right
to any privilege, preference, care, or compensation provided for
by the laws of the United States or of this state; (2) the
department or local enforcement agency may, pursuant to the
contract, compensate a county veterans service officer for the
assistance provided at a rate of no more than $20,000 annually;
and (3) no more than six correctional facilities, as designated
by the Department of Corrections and Rehabilitation, may be the
subject of such contracts.
Current law creates in state government the Department of
Corrections and Rehabilitation ("CDCR"), to be headed by a
secretary, who shall be appointed by the Governor, subject to
Senate confirmation, and shall serve at the pleasure of the
Governor. The Department of Corrections and Rehabilitation
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shall consist of Adult Operations, Adult Programs, Juvenile
Justice, the Corrections Standards Authority, the Board of
Parole Hearings, the State Commission on Juvenile Justice, the
Prison Industry Authority, and the Prison Industry Board.
(Government Code 12838(a).) As explained in the Legislative
Analyst's Office Analysis of the 2008-09 Budget Bill:
The CDCR is responsible for the incarceration,
training, education, and care of adult felons and
nonfelon narcotic addicts, as well as juvenile
offenders. The CDCR also supervises and treats adult
and juvenile parolees, and is responsible for the
apprehension and reincarceration of those parolees who
commit new offenses or parole violations. The
department also sets minimum standards for the
operation of local detention facilities and selection
and training of law enforcement personnel, as well as
provides local assistance in the form of grants to
local governments for crime prevention and reduction
programs.
The department operates 33 adult prisons, including 12
reception centers, a central medical facility, a
treatment center for narcotic addicts under civil
commitment, and a substance abuse facility for
incarcerated felons. The CDCR also operates eight
juvenile correctional facilities, including three
reception centers. In addition, CDCR manages 13
Community Correctional Facilities, 49 adult and
juvenile conservation camps, the Richard A. McGee
Correctional Training Center, and 188 adult and
juvenile parole offices, as well as houses inmates in 5
out-of-state correctional facilities.
. . .
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The budget proposes total expenditures of $10.1
billion for CDCR operations in 2008-09 from all fund
sources.
Current law 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 3020.)
Current law 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 1170.9(a).)
Current law 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 1170.9(b).)
Current law obligates counties to provide mental health
treatment services to members of the military forces of the
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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 1170.9(c).)
Current law 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. (Penal Code 3073.)
This bill states that the Department of Corrections and
Rehabilitation or a local law enforcement agency may contract
with county veterans service officers 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 this state. The department or
local enforcement agency may, pursuant to the contract,
compensate a county veterans service officer for the assistance
provided at a rate of no more than $20,000 annually.
This bill provides that no more than six correctional
facilities, as designated by the Department of Corrections and
Rehabilitation, may be the subject of such contracts.
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This bill defines, "incarcerated veteran," for purposes of this
section as a veteran described in Section 920 of the Military
and Veterans Code 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 discharge.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
California continues to face a severe prison overcrowding
crisis. The Department of Corrections and Rehabilitation (CDCR)
currently has about 170,000 inmates under its jurisdiction. Due
to a lack of traditional housing space available, the department
houses roughly 15,000 inmates in gyms and dayrooms.
California's prison population has increased by 125% (an average
of 4% annually) over the past 20 years, growing from 76,000
inmates to 171,000 inmates, far outpacing the state's population
growth rate for the age cohort with the highest risk of
incarceration.<1>
In December of 2006 plaintiffs in two federal lawsuits against
CDCR sought a court-ordered limit on the prison population
pursuant to the federal Prison Litigation Reform Act. On
February 9, 2009, the three-judge federal court panel issued a
tentative ruling that included the following conclusions with
respect to overcrowding:
No party contests that California's prisons are
overcrowded, however measured, and whether considered
in comparison to prisons in other states or jails
----------------------
<1> "Between 1987 and 2007, California's population of ages 15
through 44 - the age cohort with the highest risk for
incarceration - grew by an average of less than 1% annually,
which is a pace much slower than the growth in prison
admissions." (2009-2010 Budget Analysis Series, Judicial and
Criminal Justice, Legislative Analyst's Office (January 30,
2009).)
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within this state. There are simply too many
prisoners for the existing capacity. The Governor,
the principal defendant, declared a state of emergency
in 2006 because of the "severe overcrowding" in
California's prisons, which has caused "substantial
risk to the health and safety of the men and women who
work inside these prisons and the inmates housed in
them." . . . A state appellate court upheld the
Governor's proclamation, holding that the evidence
supported the existence of conditions of "extreme
peril to the safety of persons and property."
(citation omitted) The Governor's declaration of the
state of emergency remains in effect to this day.
. . . the evidence is compelling that there is no
relief other than a prisoner release order that will
remedy the unconstitutional prison conditions.
. . .
Although the evidence may be less than perfectly
clear, it appears to the Court that in order to
alleviate the constitutional violations California's
inmate population must be reduced to at most 120% to
145% of design capacity, with some institutions or
clinical programs at or below 100%. We caution the
parties, however, that these are not firm figures and
that the Court reserves the right - until its final
ruling - to determine that a higher or lower figure is
appropriate in general or in particular types of
facilities.
. . .
Under the PLRA, any prisoner release order that we
issue will be narrowly drawn, extend no further than
necessary to correct the violation of constitutional
rights, and be the least intrusive means necessary to
correct the violation of those rights. For this
reason, it is our present intention to adopt an order
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requiring the State to develop a plan to reduce the
prison population to 120% or 145% of the prison's
design capacity (or somewhere in between) within a
period of two or three years.<2>
The final outcome of the panel's tentative decision, as well as
any appeal that may be in response to the panel's final
decision, is unknown at the time of this writing.
This bill does not appear to aggravate the prison overcrowding
crisis outlined above.
COMMENTS
1. Need for This Bill
According to 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
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
----------------------
<2> Three Judge Court Tentative Ruling, Coleman v.
Schwarzenegger, Plata v. Schwarzenegger, in the United States
District Courts for the Eastern District of California and the
Northern District of California United States District Court
composed of three judges pursuant to Section 2284, Title 28
United States Code (Feb. 9, 2009).
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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.
At the request of Assembly Appropriations, the bill
was amended to restrict these contacts to 6 facilities
and cap them at $20,000 annually.
2. Background; Current CDCR Policies/Practices Relating to
Military Veterans
Current California law contains a number of provisions aimed at
assisting California veterans, including but not limited to:
Farm and home loan assistance (Military and
Veterans Code 987.50 to 987.92);
California's goal of awarding 3% of all state
contracts for certified veterans through the
Disabled Veteran Business Enterprise Program
(Military and Veterans Code 999 to 999.13); and
Veteran homes (Military and Veterans Code 1010
to 1051).
In addition, the U.S. Department of Veterans Affairs ("USDVA")
offers a wide range of benefits for veterans. USDVA benefits
and services are in these major categories:
Compensation
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Pension
Health Care
Vocational Rehabilitation & Employment
Education & Training
Home Loans
Life Insurance
Dependents & Survivors
Burial
For example, veterans who are at least ten percent disabled as a
result of their military service can receive monthly
compensation from the USDVA. The USDVA also provides a number
of health care services, benefits to eligible veterans,
reservists, and active duty servicemembers while they are in an
approved education or training program.<3>
CDCR advises the Committee that the department has been
cooperating with the 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 the veteran's eligibility and
making contact with the inmate/parolee. According to the
department, the USDVA provides benefits, services and programs
to assist the veteran with housing, treatment, counseling,
education, and employment. Parolees who are veterans are
entitled to participate in VA programs to improve their
opportunities for successful parole. Approximately every two
months, USDVA representatives visit each institution and meet
with incarcerated veterans to inform them of the resources
available upon release from prison.
CDCR states that as of January 31, 2008, there were almost 4,000
inmates who responded YES to the military service question on
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<3> See U.S. Dept. of Veterans Affairs, Compensation and
Benefits Page (http://www.vba.va.gov/bln/21/index.htm.)
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the classification score sheet. CDCR currently manages
contracted social workers in all prisons that provide
application assistance for inmates to obtain pre-approved Social
Security and Medi-Cal benefit entitlements upon their release.
In addition, CDCR staff have been working with the USDVA on the
development and implementation of a memorandum of understanding
(MOU) on a pre-parole benefits application and eligibility
determination process for incarcerated veterans. The agreement
provides for a process in which VA benefit applications will be
submitted to USDVA up to 180 days prior to release from
incarceration. The MOU was forwarded to the USDVA for final
review and signature in March 2009.
According to CDCR, this bill would duplicate efforts to connect
parolees with VA resources and place an undue fiscal burden upon
the Department. To achieve the results of this bill's
objective, CDCR would need to obtain additional resources
through the budget process for positions to absorb the increased
workload for developing and managing contracts, measuring
outcomes, and paying for the services and expenses related to
CVSO contracts.
Additionally, CDCR notes that AB 589 does not include
performance measures associated with CVSO contracting and
assistance, limiting the ability of the Department to connect
incarcerated veterans to the services provided by CVSOs in a
cost effective and comprehensive manner.
Lastly, CDCR states that California's incarcerated veteran
population is dispersed throughout CDCR's 33 institutions, which
operate in 19 counties throughout the State. The amendments
made to AB 589 on June 1, 2009, would constrain CDCR's ability
to connect veterans with beneficial services provided by CVSOs
to just six facilities. Considering that CDCR currently has the
authority to contract with local, State, and federal veterans
organizations, it appears counterintuitive to the underlying
intent of this bill (e.g., enhancing services for incarcerated
veterans) to limit the number of institutions that may contract
with CVSOs.
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DOES THIS BILL AUTHORIZE CDCR TO DO ANYTHING THAT IT CANNOT
ALREADY DO UNDER CURRENT LAW?
DOES THIS BILL RESTRICT THE EXISTING AUTHORITY OF CDCR TO ENTER
CONTRACTS WITH CVSO'S BY LIMITING THAT AUTHORITY TO ONLY SIX
PRISONS, ALTHOUGH VETERANS ARE INCARCERATED AT PRISONS
THROUGHOUT THE STATE?
WOULD THIS BILL HELP INCARCERATED VETERANS?
3. Previous Legislation: AB 2671 (Salas) (2008)
AB 2671 (Salas) of 2008 would have required CDCR to "create a
prerelease application process for honorably discharged
incarcerated veterans who are eligible for federal and state
benefits, especially federal veteran disability compensation and
pension payments."
Governor Schwarzenegger vetoed AB 2671, issuing the following
veto message:
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.
Unlike this bill, AB 2671 would have placed an affirmative duty
on CDCR. This bill proposes only to authorize CDCR and local
law enforcement agencies to enter into contracts with County
Veterans Service Officers. This bill would place limits on the
amount of compensation that may be paid under these contracts
and limit the authority of the CDCR to enter into these
contracts by stating that only six prisons may be the subject of
such contracts.
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