The primary purpose of the limitation on VA compensation and pension in 38 U.S.C. §§ 5313(a) and 1505(a) is to eliminate a double burden on United States taxpayers where an incarcerated veteran is already being supported by government funds provided for the operation of a penal institution.
The legislative history of this issue also notes Congress' concern that the purpose of compensation and pension is to replace the lost wage-earning capacity of disabled veterans, and veterans do not feel the economic detriment caused by a disability during long periods of incarceration.
I propose an amendment to 38 U.S.C. §§ 5313 and 38 U.S.C. §§ 1505. We have hundreds of veterans who have served prison sentences for sex offenses and are involuntarily committed as residents, under the guise of treatment, because they are deemed to dangerous to be allowed to live in their local communities. The placement of the sex offenders is carried out by the court system.
The Civil Commitment Centers where the sex offenders are "treated", are in most States and are funded by the taxpayers of the State. The care of the residents of these facilities cost the taxpayers anywhere from $35,000 to $50,000 per year per resident.
By amending 38 U.S.C. §§ 5313 and 38 U.S.C. §§ 1505 to include residents or patients of treatment facilities which are funded by local, state, or federal taxpayer money, we could save millions of dollars a year. There is no detriment to the residents/patients as their care is already provided for by the taxpayers.