BILL ANALYSIS �
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair A
2013-2014 Regular Session B
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AB 2357 (Skinner) 7
As Introduced: February 21, 2014
Hearing date: June 10, 2014
Penal Code
AL/MK:sl
PAROLE: CONSIDERATION OF MILITARY SERVICE
HISTORY
Source: AMVETS, Department of California
Vietnam Veterans of America-California State Council
Prior Legislation: AB 2371 (Butler) - Ch. 403, Stats. 2012
AB 2611 (Butler) - vetoed, 2012
AB 2490 (Butler) - Ch. 407, Stats. 2012
AB 201 (Butler) - vetoed, 2011
AB 674 (Salas) - Ch. 347, Stats. 2010
AB 1013 (Block) - died in Assembly Appropriations,
2009
AB 900 (Solorio) - Ch. 7, Stats. 2007
SB 263 (Romero) - vetoed, 2007
AB 2586 (Parra) - Ch. 788, Stats. 2006
Support: American Legion-Department of California; California
Association of County Veterans Service Officers;
California Public Defenders Association; California
State Commanders Veterans Councils; Legal Services for
Prisoners with Children; Taxpayers for Improving Public
Safety; VFW-Department of California
Opposition:None known
Assembly Floor Vote: Ayes 73 - Noes 0
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KEY ISSUE
SHOULD THE DEPARTMENT OF CORRECTIONS AND REHABILITATION BE REQUIRED
TO CONSIDER AN INMATE'S MILITARY SERVICE IN MANDATORY ASSESSMENTS
CONDUCTED PRIOR TO RELEASE ON PAROLE?
PURPOSE
The purpose of this bill is to require the California Department
of Corrections and Rehabilitation (CDCR) to include data
regarding an inmate's service in the United States military in
its mandatory assessment of all inmates.
Existing law requires the court, in the case of a person
convicted of a criminal offense who would otherwise be sentenced
to county jail or state prison and who alleges that he or she
committed the offense as a result of post-traumatic stress
disorder (PTSD), substance abuse, or psychological problems
stemming from service in a combat theater in the United States
military, to determine whether the defendant was a member of the
military who served in combat and to assess whether the
defendant suffers from PTSD, substance abuse, or psychological
problems as a result of that service. (Pen. Code, � 1170.9(a).)
Existing law states that if the court concludes that a defendant
convicted of a criminal offense was a member of the military
suffering from PTSD, substance abuse, or psychological problems
stemming from service in a combat theater and if the defendant
is otherwise eligible for probation and the court places the
defendant on probation, the court may order the defendant into a
local; state; federal; or private, non-profit treatment program
for a period not to exceed that which the defendant would have
served in state prison or county jail, provided the defendant
agrees to participate in the program and the court determines
that an appropriate treatment program exists. (Pen. Code, �
1170.9(b).)
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Existing law requires the CDCR to develop policies that assist
veterans who are inmates in claiming federal and state veterans'
benefits, upon release from custody. (Pen. Code, � 2695.)
Existing law 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 are 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. (Pen.
Code, � 3020.)
This bill would add an inmate's service in the United States
military as a consideration under the CDCR mandatory assessment
conducted prior to release from custody.
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.
COMMENTS
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1)Need for This Bill
According to the author:
The state has recognized the importance of ensuring that
formerly incarcerated individuals are well-equipped once
release from state custody. This is proven through
current law which requires the Department of Corrections
and Rehabilitation to conduct an assessment of an inmate's
substance abuse, medical and mental health, education,
family background, criminal activity, and social
functioning prior to releasing the inmate on parole.
However, current statute does not go far enough. The
procedure needs to also account for an inmate's military
service.
Studies show that 1.5 million veterans are at risk of
homelessness due to poverty, lack of support networks, and
dismal living conditions in overcrowded or substandard
housing<1>. Furthermore, according to the National
Vietnam Veterans Readjustment Survey, almost half of all
male Vietnam veterans suffer from post-traumatic stress
disorder. It is our duty to ensure that veterans are
connected to the proper programs upon leaving prison too.
This will aid in their reentry back into the community and
reduce the chances of reoffending.
AB 2357 would require the Department of Corrections and
Rehabilitation, when conducting its standard assessment of
an inmate prior to his or her release on parole, to also
consider the inmate's service in the United States
military. The assessment is used to place inmates in
programs designed to aid their reentry to society and
reduce their chances of reoffending. This would also
address one of the main barriers to re-entry by helping
formerly incarcerated veterans access physical, mental
health or substance abuse services that they may need and
are entitled to through their military services.
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<1>
http://www.americanprogress.org/issues/military/news/2012/03/06/1
1201/veteran-poverty-by-the-numbers/
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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.<2>
Another study reported in the New England Journal of Medicine
indicates that the rate of PTSD among veterans of the wars in
Iraq and Afghanistan increased in a linear manner with increased
exposure to combat.<3> Studies also indicate that PTSD may
result in drug and alcohol abuse by veterans.<4>
Mental health and substance abuse problems experienced by
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.<5> 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.<6>
Veterans are also more likely than non-veterans to report past
intravenous drug use.<7> It is likely that a significant number
of veterans with substance abuse issues may be self-medicating
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<2> Mental Illness Appears Common among Veterans Returning from
Iraq and Afghanistan, Science Daily (Mar. 13, 2007)
.
<3> 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.
<4> Stress & Substance Abuse: A Special Report, National
Institute on Drug Abuse (Sept. 12, 2005)
.
<5> Noonan & Mumola, U.S. Dep't of Just., Veterans in State and
Federal Prison, 2004 (2007) p. 6.
<6> Id. at 5.
<7> Ibid.
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as a means of dealing with mental illness.<8>
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<8> 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, as of
September 2013, there were an estimated 21,973,000 living
veterans in the United States.<9> In contrast, veterans make up
10% of state prisoners.<10> By 2004, veterans of the current
conflicts in Iraq and Afghanistan already comprised for 4% of
veterans in state and federal prisons.<11>
3)Current CDCR Statistics Regarding Veterans
Previously, data on the number of incarcerated veterans was
difficult to obtain, primarily because this information was
self-reported. However, the CDCR has reported to the
Legislature that, as of February 2014, the department can now
verify prior military service through a data exchange with the
U.S. Department of Veterans Affairs (USDVA). As of February
2014, there are 4,521 currently-incarcerated inmates at CDCR
verified by the USDVA as having prior military service.
According to the CDCR, the USDVA is responsible for making
contact with the inmate/parolee once the veteran's eligibility
and status are confirmed. The USDVA provides benefits, services
and programs to assist the veteran with housing, treatment,
counseling, education, and employment. Parolees who are
veterans are also entitled to participate in VA programs to
improve their opportunities for successful parole.
4)Transitional Programs for Incarcerated Veterans
The USDVA and the US Department of Labor operate several
transitional programs to support successful reentry of
incarcerated veterans:
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<9> United States Department of Veterans Affairs (March 31,
2014) table
.
<10> Noonan & Mumola, supra, at p. 1.
<11> Ibid.
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1) Health Care for Reentry Veterans (HCRV) offers
short-term case management as well as referrals and
linkages to medical, psychiatric, and social services, such
as employment services, upon release.<12>
2) Veterans Justice Outreach Program (VJO) provides "direct
outreach, assessment, and case management for
justice-involved veterans in local courts and jails."<13>
3) Incarcerated Veterans Transition Program (IV-TP)
supports the delivery of employment and counseling services
to assist the reintegration of previously-incarcerated
veterans into the workforce.
1)Effect of This Bill
This bill would require the CDCR to consider an inmate's
military service when conducting assessments to determine
appropriate program placements for parole. Under existing law,
the CDCR is required to assess the inmate's history of substance
abuse, medical and mental health, education, family background,
criminal activity, and social functioning during placement
decisions. Additional consideration of an inmate's veteran
status may enable more parolees who are veterans to take
advantage of the benefits, programs, and services they are
entitled to as military service members.
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<12> http://www.va.gov/homeless/reentry.asp
<13> http://www.va.gov/homeless/vjo.asp