BILL ANALYSIS �
AB 2490
Page 1
Date of Hearing: April 10, 2012
Counsel: Sandy Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2490 (Butler) - As Introduced: February 24, 2012
SUMMARY : Establishes the position of a veterans service officer
in each facility under the jurisdiction of the California
Department of Corrections and Rehabilitation (CDCR).
Specifically, this bill :
1)Requires a parole agent to be appointed as a veterans service
officer at any facility that is under CDCR's jurisdiction.
2)Makes the veterans service officer responsible for assisting
veterans who are inmates in pursuing claims for federal
veterans' benefits, or in establishing rights to any other
privilege, preference, care, or compensation provided under
federal or state law due to honorable military service.
3)Allows the veterans service officer to appoint inmates who
have served in the military to assist with his or her
responsibilities.
4)Requires the veterans service officer to coordinate with the
United States Department of Veterans Affairs in order to best
access earned veterans' benefits.
5)Requires the veterans service officer to coordinate with the
United States Department of Veterans Affairs and the service
officer in the county in which the facility is located for
advice, assistance, and training, as well as to evaluate the
effectiveness of the program.
EXISTING FEDERAL LAW :
1)Limits the veterans' benefits a veteran may receive while he
or she is incarcerated for a felony, except provides a 60-day
grace period where the incarcerated veteran may still receive
full benefits. The withholding of benefits begins on the 61st
day of incarceration. �38 USCS Section 5313(a)(1); 38 C.F.R.
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Section 3.666(a).]
2)States that an incarcerated veteran is entitled to full
benefits while he or she is participating in a work-release
program or is residing in a halfway house. �38 USCS Section
5313(a)(2).]
3)Allows the dependents of an incarcerated felon to receive an
apportionment of the benefits to which the incarcerated
veteran would have been entitled, unless the dependent is
incarcerated for a felony. �38 USCS Section 5313(b).]
4)Prohibits compensation on behalf of a veteran for any period
during which he or she is a "fugitive felon." �38 USCS
Section 5313B; 38 C.F.R. Section 3.666(n).]
5)Defines a "fugitive felon" as a person who is a fugitive by
reason of:
a) Avoiding prosecution, or custody or confinement after
conviction, for an offense, or an attempt to commit an
offense, which is a felony under the laws of the place from
which the person flees; or
b) Violating a condition of probation or parole imposed for
commission of a felony under Federal or State law. �38
USCS Section 5313B(b).]
6)Requires restoration of withheld benefits if a conviction is
overturned on appeal. �38 C.F.R. Section 3.666(m).]
EXISTING STATE LAW :
1)Contains a number of provisions aimed at assisting California
veterans, such as farm and home loan assistance (Military and
Veterans Code Sections 987.50 et seq.), business enterprise
opportunities (Military and Veterans Code Sections 999 to
999.13), and educational assistance (Military and Veterans
Code Sections 981 et seq.).
2)Adopts the same standards used in federal law to determine
benefits eligibility for incarcerated veterans.
3)Requires CDCR to "conduct assessments of all inmates that
include, but are not limited to, data regarding the inmate's
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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 Section 3020.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "For many
Veterans of the United States Military who are incarcerated,
they are unaware of the benefits they are rightfully owed for
their service to our country. This bill would create a
Veterans Service Officer (VSO) at all Department of Correction
facilities to help Veterans receive their benefits they are
entitled to. Though veterans cannot collect on their benefits
while incarcerated, by having a VSO at each facility they can
begin the process and have their rightful benefits ready for
them the day they are released."
2)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 post-traumatic stress disorder (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
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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,
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.] 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).]
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.)
3)Current CDCR Statistics Regarding Veterans : CDCR works 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. It is
important to note that many inmates decline to self-report as
having served in the military. As of February 29, 2012, the
number of offenders in the adult prison population who claim
to have military experience are:
Female Male Total
Admission/Return Status
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New Admission 31 2,9632,994
Parole Violator with a New Term 2 497
499
Parole Violator/Return to Custody 0 30
3
TOTAL 33
3,4903,523
4)Veterans Service Office Program (VSOP) at Soledad State
Prison : According to information provided by the sponsor, the
VSOP was established in Soledad in 2004 as a volunteer
program. The VSOP was developed and implemented by inmates Ed
Munis and "Doc" Piper, both honorably discharged veterans,
with the approval of the former warden, A.P. Kane. The
purpose of the VSOP is "�t]o provide advocacy for the
incarcerated veteran, and their families, regarding
entitlement of Veteran Administration benefits, including
entitlement programs from State, County and Federal Agencies."
The Soledad VSOP offers a variety of services to veterans,
including but not limited to: comprehensive benefit
counseling, Veteran Administration claims preparation and
submission, claim follow-up, assistance with appealing a
claim, and networking with federal, state, and county
agencies.
5)Arguments in Support : According to the California
Correctional Peace Officers Association , "'�P]roviding inmates
who are veterans with appropriate benefits for which they are
eligible as a result of military services will greatly assist
such inmates in succeeding once they are paroled. The
transition from inmate to parolee is a difficult one for
everyone released from prison. To the extent that veterans
are eligible for services from the federal government it will
ease their transition and thereby reduce recidivism. In our
view, the potential benefits of this measure will far exceed
its costs."
6)Related Legislation :
a) AB 2611 (Butler) authorizes superior courts to implement
veterans' courts. AB 2611 will be heard by this Committee
today.
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b) AB 2371 (Butler) allows courts to grant restorative
relief to criminal defendants who are veterans. AB 2611
will be heard by this Committee today.
7)Prior Legislation :
a) AB 589 (Cook), of the 2009-10 Legislative Session,
enabled 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 California.
b) AB 2671 (Salas), of the 2007-08 Legislative Session,
would have required CDCR to create a pre-release
application process for honorably-discharged incarcerated
veterans who are eligible for federal and state benefits.
AB 2671 was vetoed.
REGISTERED SUPPORT / OPPOSITION :
Support
American Legion-Department of California (Co-Sponsor)
AMVETS-Department of California (Co-Sponsor)
Vietnam Veterans of America-California State Council
(Co-Sponsor)
American Federation of State County and Municipal Employees
California Correctional Peace Officers Association
California Public Defenders Association
Legal Services for Prisoners with Children
Opposition
None
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744