BILL ANALYSIS �
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair A
2013-2014 Regular Session B
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AB 2263 (Bradford) 3
As Amended May 23, 2014
Hearing date: June 17, 2014
Penal Code
JRD:mc
VETERANS SERVICE ADVOCATE:
CORRECTIONAL FACILITIES
HISTORY
Source: Coalition of California Welfare Rights Organization
Prior Legislation: None
Support: California Correctional Peace Officers Association;
California Public Defenders Association; Taxpayers for
Improving Public Safety
Opposition:None known
Assembly Floor Vote: Ayes 77 - Noes 0
KEY ISSUE
SHOULD VETERANS SERVICE ORGANIZATIONS BE PERMITTED TO VOLUNTEER IN
STATE PRISONS, AS SPECIFIED?
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PURPOSE
The purpose of this legislation is to permit a veterans service
organization to volunteer as an advocate for inmate veterans in
state prisons.
Existing federal law 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 U.S.C.S. �
5313(a)(1); 38 C.F.R. � 3.666(a).)
Existing federal law 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
U.S.C.S. � 5313(a)(2).)
Existing federal law 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 U.S.C.S. �
5313(b).)
Existing federal law prohibits compensation on behalf of a
veteran for any period during which he or she is a "fugitive
felon." (38 U.S.C.S. � 5313B; 38 C.F.R. � 3.666(n).)
Existing federal law 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
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U.S.C.S. � 5313B(b).)
Existing state law requires restoration of withheld benefits if
a conviction is overturned on appeal. (38 C.F.R. � 3.666(m).)
Existing state law requires the California Department of
Corrections and Rehabilitation (CDCR) to develop guidance
policies relative to the release of veterans who are inmates.
The policies shall be developed with the intent to assist
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 because of honorable service in the
military. In developing the policies, the department may
coordinate with the Department of Veterans Affairs and the
county veterans service officer or veterans service
organizations. (Military and Veterans Code � 1840; Penal Code �
2695.)
Existing state law authorizes each county board of supervisors
to appoint a county veterans service officer to perform
specified veterans-related services, including assisting
veterans in pursuing claims for federal or state veterans'
benefits. (Military and Veterans Code � 972.)
Existing state law contains a number of provisions aimed at
assisting California veterans, such as farm and home loan
assistance (Military and Veterans Code �� 987.50 et seq.),
business enterprise opportunities (Military and Veterans Code ��
999 to 999.13), and educational assistance (Military and
Veterans Code �� 981 et seq.).
This bill would allow a veterans service organization to
volunteer at CDCR to serve as a veterans service advocate.
This bill would require the veterans' service advocate to be
responsible for developing a veterans economic recidivism
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prevention plan within 180 days prior to the inmate's release
date.
This bill would require the veterans economic recidivism
prevention plan to include:
Facilitating access of each inmate who is a veteran to
county veterans service officers, California Department of
Veterans Affairs and United States Department of Veterans
Affairs officers and personnel, so that the inmate may
pursue claims for federal veterans' benefits or any other
privilege, preference, care, or compensation provided under
federal or state law because of the inmate's service in the
military.
Developing a plan for how an inmate who is a veteran
will access earned veterans' benefits that he or she may be
eligible for upon the inmate's release.
This bill would require the CDCR to facilitate access by the
advocate to each inmate who is a veteran, subject to those
department screening and clearance guidelines and training
requirements that are imposed on other visitors and volunteers.
This bill would require CDCR to provide the advocate with access
to existing resources, including, but not limited to, computer
and Internet access, that would assist the advocate in
implementing the veterans economic recidivism prevention plan,
to the extent it does not pose a threat to the security or
safety of the facility, or to inmates and staff.
This bill would require the advocate to coordinate with the
United States Department of Veterans Affairs in order to provide
each inmate who is a veteran with access to earned veterans'
benefits.
This bill would require the advocate 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
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the effectiveness of the veterans economic recidivism prevention
plan.
This bill provided the following definitions:
"Advocate" means a veterans service organization that is
federally certified and has volunteered to serve as a
veterans service advocate pursuant to this title.
"Veteran" means a person who has been discharged from
the United States Army, United States Navy, United States
Air Force, United States Marine Corps, United States Coast
Guard, the Merchant Marine, or the American Red Cross.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the last several years, severe overcrowding in California's
prisons has been the focus of evolving and expensive litigation
relating to conditions of confinement. On May 23, 2011, the
United States Supreme Court ordered California to reduce its
prison population to 137.5 percent of design capacity within two
years from the date of its ruling, subject to the right of the
state to seek modifications in appropriate circumstances.
Beginning in early 2007, Senate leadership initiated a policy to
hold legislative proposals which could further aggravate the
prison overcrowding crisis through new or expanded felony
prosecutions. Under the resulting policy, known as "ROCA"
(which stands for "Receivership/ Overcrowding Crisis
Aggravation"), the Committee held measures that created a new
felony, expanded the scope or penalty of an existing felony, or
otherwise increased the application of a felony in a manner
which could exacerbate the prison overcrowding crisis. Under
these principles, ROCA was applied as a content-neutral,
provisional measure necessary to ensure that the Legislature did
not erode progress towards reducing prison overcrowding by
passing legislation, which would increase the prison population.
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In January of 2013, just over a year after the enactment of the
historic Public Safety Realignment Act of 2011, the State of
California filed court documents seeking to vacate or modify the
federal court order requiring the state to reduce its prison
population to 137.5 percent of design capacity. The State
submitted that the, ". . . population in the State's 33 prisons
has been reduced by over 24,000 inmates since October 2011 when
public safety realignment went into effect, by more than 36,000
inmates compared to the 2008 population . . . , and by nearly
42,000 inmates since 2006 . . . ." Plaintiffs opposed the
state's motion, arguing that, "California prisons, which
currently average 150% of capacity, and reach as high as 185% of
capacity at one prison, continue to deliver health care that is
constitutionally deficient." In an order dated January 29,
2013, the federal court granted the state a six-month extension
to achieve the 137.5 % inmate population cap by December 31,
2013.
The Three-Judge Court then ordered, on April 11, 2013, the state
of California to "immediately take all steps necessary to comply
with this Court's . . . Order . . . requiring defendants to
reduce overall prison population to 137.5% design capacity by
December 31, 2013." On September 16, 2013, the State asked the
Court to extend that deadline to December 31, 2016. In
response, the Court extended the deadline first to January 27,
2014 and then February 24, 2014, and ordered the parties to
enter into a meet-and-confer process to "explore how defendants
can comply with this Court's June 20, 2013 Order, including
means and dates by which such compliance can be expedited or
accomplished and how this Court can ensure a durable solution to
the prison crowding problem."
The parties were not able to reach an agreement during the
meet-and-confer process. As a result, the Court ordered
briefing on the State's requested extension and, on February 10,
2014, issued an order extending the deadline to reduce the
in-state adult institution population to 137.5% design capacity
to February 28, 2016. The order requires the state to meet the
following interim and final population reduction benchmarks:
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143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and
137.5% of design bed capacity by February 28, 2016.
If a benchmark is missed the Compliance Officer (a position
created by the February 10, 2016 order) can order the release of
inmates to bring the State into compliance with that benchmark.
In a status report to the Court dated May 15, 2014, the state
reported that as of May 14, 2014, 116,428 inmates were housed in
the State's 34 adult institutions, which amounts to 140.8% of
design bed capacity, and 8,650 inmates were housed in
out-of-state facilities.
The ongoing prison overcrowding litigation indicates that prison
capacity and related issues concerning conditions of confinement
remain unresolved. While real gains in reducing the prison
population have been made, even greater reductions may be
required to meet the orders of the federal court. Therefore,
the Committee's consideration of ROCA bills -bills that may
impact the prison population - will be informed by the following
questions:
Whether a measure erodes realignment and impacts the
prison population;
Whether a measure addresses a crime which is directly
dangerous to the physical safety of others for which there
is no other reasonably appropriate sanction;
Whether a bill corrects a constitutional infirmity or
legislative drafting error;
Whether a measure proposes penalties which are
proportionate, and cannot be achieved through any other
reasonably appropriate remedy; and,
Whether a bill addresses a major area of public safety
or criminal activity for which there is no other
reasonable, appropriate remedy.
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COMMENTS
1. Need for Legislation
According to the author:
Recidivism rates among veterans continues 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 allows veteran service organizations that are
federally certified to volunteer to serve as a
veterans service advocate at prisons under the
jurisdiction of CDCR.
The advocate would be responsible for developing a
veteran's economic recidivism prevention plan within
180 days prior to an inmate's release date.
The advocate would also be responsible for assisting
veteran inmates by facilitating access to county
veteran service officers, United States Department of
Veterans Affairs and California Department of Veterans
Affairs' personnel.
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2. Effect of the Legislation
An article appearing in Science Daily on March 13, 2007,
discussed a study conducted by the University of California-San
Francisco and the San Francisco Veterans Affairs Medical Center
finding 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).) Another study reported in the New England Journal of
Medicine in 2004 stated that the rate of post-traumatic stress
syndrome (PTSD) among Iraq and Afghanistan veterans increased in
a linear manner with increased exposure to combat. (Hoge,
Combat Duty in Iraq and Afghanistan, Mental Health Problems, and
Barriers to Care (2004) 351 N. Engl. J. Med. 13-22.)
Studies also indicate that PTSD may drive or exacerbate drug and
alcohol abuse by veterans. (Stress & Substance Abuse: A Special
Report, National Institute on Drug Abuse (Sept. 12, 2005).)
Mental health and substance abuse problems are linked to future
incarceration in veterans. 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 Justice, Veterans in State and Federal Prison,
2004 (2007).) 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 p. 5.)
Veterans appear to be disproportionately represented in the
prison population. Veterans make up 10% of state prisoners.
(Noonan & Mumola, supra, at p. 1.) By 2004, veterans of the
current conflicts in Iraq and Afghanistan already comprised 4%
of the veterans in state and federal prisons. (Id.)
The goal of this legislation is to reduce recidivism among
veterans by providing incarcerated veterans with assistance in
planning and pursuing claims for federal veterans' benefits or
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any other privilege, preference, care, or compensation provided
under federal or state law.
IS IT APPROPRIATE TO PLACE SPECIFIC MANDATES ON VOLUNTEER
ORGANIZATIONS?
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