BILL ANALYSIS �
AB 2263
Page 1
Date of Hearing: April 8, 2014
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Sharon Quirk-Silva, Chair
AB 2263 (Bradford) - As Introduced: February 21, 2014
SUBJECT : Veterans service officers: correctional facilities
SUMMARY : Requires a parole agent be appointed in correctional
facilities as a veteran service officer. Specifically, this
bill :
1)Mandates that at each facility that is under the jurisdiction
of the Department of Corrections and Rehabilitation (CDCR),
there shall be a parole agent who is appointed as a veterans
service officer.
2)Directs that the veterans service officer is responsible for
assisting inmates who are veterans 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 because of honorable service in the
military.
3)Requires the veterans service officer be authorized to appoint
inmates who have served in the military to assist the officer
with his or her responsibilities.
4)Directs the veterans service officer to coordinate with the
United States Department of Veterans Affairs in order to
provide inmates who are veterans with the most efficient
access to earned veterans' benefits.
5)Requires the veterans service officer to coordinate with the
California Department of Veterans Affairs and the county
veterans service officer in the county in which the facility
is located for advice, assistance, and training, and 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
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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
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
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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 at this time.
COMMENTS : According to the author:
Recidivism rates among veterans continue to be an issue
primarily for economic reasons. Currently the Department of
Corrections has been doing a good job of trying to provide
veteran inmates with information and forms to apply and
receive VA benefits. However, the process for qualifying
for VA benefits is often burdensome for even people with a
four year college degree.
One of the major problems is that facilities do not have a
designated person responsible for assuring that veterans
are able to have access to VA benefits upon release.
AB 2263 would ask the Department of Corrections to
designate a parole officer at each facility to assist
veterans in filing claims for veteran's benefits in order
to help reduce recidivism among this population.
Veterans make up approximately 10% of the prison population in
California. Of those veterans, 40% served in the conflicts in
Iraq and Afghanistan. Though the exact effect is unknown, it is
logical that supporting veterans, particularly with whatever
financial assistance job assistance, and housing as soon as
possible upon their release would have a positive impact on
recidivism. As stated by the California Correctional Peace
Officers Association, "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."
Veterans who are inmates should be able to have their benefits
begin as soon as possible on release from incarceration. Due to
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the nature of incarceration, it may be extremely challenging or
impossible for veterans to pursue their benefits without
assistance. Having a veteran service officer in each facility
increases the likelihood that a veteran will apply and be
approved for any compensation, health care, etc. to which the
veteran is entitled while still incarcerated. Then the veteran
will not have to wait for months or even years for benefits to
commence upon release.
Under federal law, incarcerated veterans are only eligible to
receive 10% of their existing federal benefits. However, the
amount not received by the veteran may 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 and accepted.
Policy and technical questions for members:
"Veteran Service Officer" is generally a term of art meaning
someone approved by the United States Department of Veterans
Affairs to file claims on behalf of veterans. Filing and
supporting claims, particularly disability claims, through the
long process with the United States Department of Veterans
Affairs is an extremely complex and time consuming task. Is the
author's intention that the parole agent be someone who can file
claims on behalf of veterans, or something less than that? If
the former, there are already County Veteran Service Officers
and certain employees of the California Department of Veterans
Affairs who are experts in assisting veterans in the manner
desired. Does it make sense to retrain correctional personnel
as Veteran Service Officers?
Given the context, more inmate veterans than average may not
have honorable service. If one principal reason to create
veteran service officer positions in correctional facilities is
to help reduce recidivism, does it not make sense to help as
many veterans as possible and drop the honorable service
characterization requirement? Dropping the requirement does not
change veterans' eligibility for any benefits.
Prior Legislation:
This bill is nearly identical to the introduced version of AB
2490 (Butler), from 2011. AB 2490 passed out of this House in
substantially the same form but was amended in the Senate to
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simply require CDCR to develop policies relative to the release
of incarcerated veterans. AB 2490 became law on January 1, 2013.
REGISTERED SUPPORT / OPPOSITION :
Support
Coalition of California Welfare Rights Organizations, Inc.
Opposition
None on file at this time.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550