BILL ANALYSIS �
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THIRD READING
Bill No: AB 2263
Author: Bradford (D), et al.
Amended: 8/4/14 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/17/14
AYES: Hancock, De Le�n, Liu, Mitchell, Steinberg
NO VOTE RECORDED: Anderson, Knight
SENATE VETERANS AFFAIRS COMMITTEE : 6-0, 6/24/14
AYES: Hueso, Knight, Correa, Lieu, Nielsen, Roth
NO VOTE RECORDED: Block
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
ASSEMBLY FLOOR : 77-0, 5/29/14 - See last page for vote
SUBJECT : Veterans service advocate: correctional facilities
SOURCE : Coalition of California Welfare Rights Organization
DIGEST : This bill authorizes a veterans service organization
to volunteer to serve as a veterans service advocate at each
facility under the jurisdiction of the Department of Corrections
and Rehabilitation (CDCR) to assist veteran inmates with
securing specified benefits upon their release.
ANALYSIS :
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Existing federal law:
1. Limits the veterans' benefits a veteran may receive while
he/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.
2. States that an incarcerated veteran is entitled to full
benefits while he/she is participating in a work-release
program or is residing in a halfway house.
3. Allows the dependents of an incarcerated felon to receive an
apportionment of the benefits to which the incarcerated
veteran will have been entitled, unless the dependent is
incarcerated for a felony.
4. Prohibits compensation on behalf of a veteran for any period
during which he/she is a "fugitive felon."
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.
Existing state law:
1. Requires restoration of withheld benefits if a conviction is
overturned on appeal.
2. Requires 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
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policies, CDCR may coordinate with the Department of Veterans
Affairs (VA) and the county veterans service officer (CVSO)
or veteran's service organizations.
3. Authorizes each county board of supervisors to appoint a CVSO
to perform specified veterans-related services, including
assisting veterans in pursuing claims for federal or state
veterans' benefits.
4 Contains a number of provisions aimed at assisting California
veterans, such as farm and home loan assistance, business
enterprise opportunities, and educational assistance.
This bill:
1.Authorizes the advocate to develop a veterans economic
recidivism prevention plan for each inmate who is a veteran
during the 180 day period prior to an inmate's release date.
The plan will include the following:
A. Facilitate the access of each veteran inmate to CVSOs,
the U.S. Department of Veterans Affairs (USDVA), and VA in
order to pursue claims for federal veterans' benefits.
B. Develop a plan for how an inmate who is a veteran will
earn benefits upon release.
1.Requires CDCR to assist with the development and execution of
the veterans economic recidivism prevention plan by
facilitating access by the advocate to each inmate who is a
veteran.
2.Provides that access to inmates will be subject to department
screening and clearance guidelines and training requirements
that are imposed on other visitors and volunteers.
3.Allows advocates access to inmates to the extent it does not
pose a threat to the security or safety of the facility, or to
inmates and staff.
4.Allows the advocate access to the facility resources such as
computers and Internet access.
5.Requires a copy of the veterans economic recidivism prevention
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plan be provided to the inmate prior to the inmate's release.
6.Requires the advocate to coordinate with the USDVA in order to
provide each inmate who is a veteran with access to earned
veterans' benefits.
7.Requires the advocate to coordinate with VA and the CVSO in
the county in which the facility is located for advice,
assistance, and training, and to evaluate the effectiveness of
the veterans economic recidivism prevention plan.
8.Provides the following definitions:
A. "Advocate" means a veterans service organization that
is federally certified and has volunteered to serve as a
veterans service advocate pursuant to this title.
B. "Veteran" means a person who has been discharged from
the U.S. Army, U.S. Navy, U.S. Air Force, U.S. Marine
Corps, U.S. Coast Guard, the Merchant Marine, or the
American Red Cross.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Approximately $100,000 - $200,000 in administrative costs to
VA (General Fund).
Minor administrative costs to CDCR (General Fund).
VA indicates the need for addition of one to two analysts
associated with training and assisting the advocates.
SUPPORT : (Verified 8/15/14)
Coalition of California Welfare Rights Organization (source)
California Correctional Peace Officers Association
California Public Defenders Association
Taxpayers for Improving Public Safety
ARGUMENTS IN SUPPORT : According to the author:
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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.
ASSEMBLY FLOOR : 77-0, 5/29/14
AYES: Achadjian, Alejo, Allen, Bigelow, Bloom, Bocanegra,
Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon,
Campos, Chau, Ch�vez, Chesbro, Conway, Cooley, Dababneh,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, John A. P�rez, V.
Manuel P�rez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,
Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Ammiano, Harkey, Vacancy
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JG:dk 8/16/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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