BILL ANALYSIS �
AB 2490
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Date of Hearing: April 24, 2012
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Paul J. Cook, Chair
AB 2490 (Butler) - As Introduced: February 24, 2012
SUBJECT : Veterans service officers: correctional facilities
SUMMARY : Designates a parole officer at each facility to
assist veterans in filing claims for veterans benefits.
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.
Section 3.666(a).]
2)States that an incarcerated veteran is entitled to full
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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).]
7)All or any part of the compensation not paid to a veteran may,
as appropriate in an individual case, be apportioned under the
same terms and conditions to a surviving spouse, child, or
children.
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.
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3)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 Section 3020.)
FISCAL EFFECT : Unknown
COMMENTS :
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.
There have been multiple studies conducted recently that have
pointed out a disturbing trend in veterans returning from Iraq
and Afghanistan. Approximately one-third of veterans returning
received a mental health or psychosocial diagnosis. The rate of
Post-Traumatic Stress Disorder in veterans has also increased at
greatly, resulting in a higher rate of drug and alcohol abuse by
veterans. Mental health and substance abuse problems veterans
experience are linked to future incarceration. In a nutshell,
due to the increase of servicemembers in combat areas, there is
an increase of veterans in the prison population.
Veterans make up 10% of the prison population in California. Of
those veterans, 40% served in the conflicts in Iraq and
Afghanistan. It would be a shame if these veterans were released
from prison, only to return again due to lack of knowledge
regarding benefits they may be eligible to receive, such as job
assistance and housing. According the California Correctional
Peace Officers Association, "The transition from inmate to
parolee is a difficult one for everyone released from prison. To
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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."
Veterans who are inmates should be able to have their benefits
begin as soon as they are released from prison. By having a VSO
in the prison working with the veteran, he/she will have applied
for what they can already so that the veteran does not have to
wait for months or even years for benefits to kick in, reducing
the chance that the veteran will end up in prison again.
Under federal law, incarcerated veterans are only eligible to
receive 10% of their existing federal benefits. However, the
amount not received by the veteran can be apportioned to the
spouse, child or children, and dependent parents of the veteran
while the veteran is incarcerated if the proper paperwork is
filed.
PRIOR LEGISLATION :
1. AB 589 (Cook), of the 2009-2010 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.
2. AB 2671 (Salas), of the 2007-08 Legislative Session,
would have required CDCR to create a prerelease 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
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California Public Defenders Association
Legal Services for Prisoners with Children
Opposition
None on file.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550