BILL ANALYSIS
AB 1013
Page 1
Date of Hearing: April 29, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 1013 (Block) - As Amended: April 2, 2009
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires the California Department of Corrections and
Rehabilitation (CDCR), by July 1, 2010, to conduct
interdisciplinary assessments of new inmates who are veterans
with combat experience and develop a specialized treatment
protocol for these offenders. Specifically, this bill:
1)Requires the interdisciplinary assessment to include the
following:
a) substance abuse history;
b) criminal activity, including gang involvement;
c) education and related skills;
d) family background;
e) social skills, employment history, religious
affiliation;
f) medical and mental health status;
g) Post-Traumatic Stress Disorder symptoms.
2)Requires CDCR to use an "interdisciplinary team" to conduct
management reviews of the assessments and data, seeking input
from social workers, counselors, psychologists, physicians,
and others.
3)Requires development of specialized treatment protocols.
FISCAL EFFECT
Significant ongoing GF costs, likely in the range of $3 million,
based on 1.5 personnel year equivalents at each reception
center, to conduct ongoing interdisciplinary assessments at all
AB 1013
Page 2
reception centers, employ interdisciplinary teams to perform
management reviews, and develop specialized treatment protocols
for all veterans throughout the prison system.
Implementation of the specialized protocols, which is not
required by this bill, could range into the low tens of millions
of dollars, depending on the range and depth of the programs
developed and the number of inmates involved.
COMMENTS
1)Rationale . According to the author, CDCR does not verify
veteran status of inmates at intake. As a result, it is not
possible to assess the impact military service has had on the
inmate and the treatment necessary for disorders associated
with service. Conditions such as PTSD that soldiers may
experience as a result of combat can be treated if they are
identified and properly diagnosed.
a) CDCR estimates the self-identified inmate veteran
population at about 4,000.
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
which the defendant would have served in state prison or
AB 1013
Page 3
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.
4)Support . According to the California Public Defenders
Association, veterans often experience undiagnosed or
untreated PTSD and traumatic brain injury. In addition,
veterans sometimes manifest undiagnosed symptoms of other
stress based on their exposure to combat, including
psychological disorders, such as depression, anxiety, panic,
and bipolar disorder as a result of military service.
Unemployment rates for veterans are on the rise and are
disproportionately higher than unemployment rates for
non-veterans.
"Consequently, untreated mental heath disorders and substance
abuse and other self-destructive addictions and behaviors dump
veterans into the criminal justice system's vicious cycle of
imprisonment, re-imprisonment and homelessness. Requiring
CDCR to conduct interdisciplinary assessments of new veteran
inmates is an important first step. Such assessments must
take place with the collaboration of qualified medical, mental
heath and social service professionals. The second and more
critical component is to create and actually implement
evidence-based, in-custody treatment protocols to truly
provide tools to veteran inmates to ensure their successful
reintegration into society upon their release."
AB 1013
Page 4
5)Prior Legislation : AB 2671 (Salas), 2008, required CDCR to
create a pre-release program for incarcerated honorably
discharged veterans to apply for state and federal benefits
for veterans, and required data collection regarding the
number of inmate veterans. In his veto message, the governor
stated, "This bill is unnecessary, as the 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."
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081