BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2357|
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THIRD READING
Bill No: AB 2357
Author: Skinner (D)
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/10/14
AYES: Hancock, Anderson, De Le�n, Knight, Liu, Steinberg
NO VOTE RECORDED: Mitchell
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 73-0, 5/8/14 (Consent) - See last page for vote
SUBJECT : Parole: consideration of an inmates military
service
SOURCE : AMVETS, Department of California
Vietnam Veterans of America-California State Council
DIGEST : This bill requires the Department of Corrections and
Rehabilitation (CDCR) to include data regarding an inmates
service in the United States military in its mandatory
assessment of all inmates.
ANALYSIS :
Existing law:
1. Requires the court, in the case of a person convicted of a
criminal offense who would otherwise be sentenced to county
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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.
2. 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.
3. Requires the CDCR to develop policies that assist veterans
who are inmates in claiming federal and state veterans'
benefits, upon release from custody.
4. 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.
This bill adds an inmate's service in the United States military
as a consideration under the CDCR mandatory assessment conducted
prior to release from custody.
Comments
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
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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.
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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/23/14)
AMVETS, Department of California (co-source)
Vietnam Veterans of America-California State Council (co-source)
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
ASSEMBLY FLOOR : 73-0, 5/8/14
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AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Grove, Hagman, Harkey, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.
P�rez
NO VOTE RECORDED: Eggman, Gorell, Gray, Hall, Mansoor, V.
Manuel P�rez, Vacancy
JG:d 6/23/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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