BILL NUMBER: AB 1901	CHAPTERED  06/28/04

	CHAPTER  74
	FILED WITH SECRETARY OF STATE  JUNE 28, 2004
	APPROVED BY GOVERNOR  JUNE 25, 2004
	PASSED THE ASSEMBLY  JUNE 17, 2004
	PASSED THE SENATE  JUNE 14, 2004
	AMENDED IN SENATE  MAY 10, 2004

INTRODUCED BY   Assembly Member Ridley-Thomas
   (Coauthor:  Assembly Member Jerome Horton)

                        FEBRUARY 9, 2004

   An act to amend Section 1203.1abc of the Penal Code, relating to
criminal offenders.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1901, Ridley-Thomas.  Probation:  education.
   Existing law establishes a pilot program to authorize the court to
require any adult who has been convicted of a nonviolent or
nonserious offense to participate in a program designed to assist the
person in obtaining the equivalent of a 12th grade education as a
condition of probation.  Existing law also authorizes the court to
require a probationer to participate in a literary or General
Education Development Program.  Existing law states that the pilot
program is deemed successful if at least 10% of the persons
participating in the pilot projects obtain the equivalent of a 12th
grade education within 3 years.
   This bill, the Ex-Offender Literacy Act, would state that the
pilot program would be deemed successful if at least 10% of the
persons participating in the pilot projects obtain the equivalent of
a 12th grade education within 3 years or improve their academic
performance by 3 grade levels within 3 years.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known as, and may be cited as, the
"Ex-Offender Literacy Act."
  SEC. 2.  Section 1203.1abc of the Penal Code is amended to read:
   1203.1abc.  (a) In addition to any other terms of imprisonment,
fine, and conditions of probation, the court may require any adult
convicted of an offense which is not a violent felony, as defined in
subdivision (c) of Section 667.5, or a serious felony, as defined in
subdivision (c) of Section 1192.7, to participate in a program that
is designed to assist the person in obtaining the equivalent of a
12th grade education.  In the case of a probationer, the court may
require participation in either a literacy program or a General
Education Development (GED) program.
   (b) A probation officer may utilize volunteers from the community
to provide assistance to probationers under this section.
   (c) This section shall be operable in Los Angeles County as a
pilot project upon approval by a majority vote of the county's board
of supervisors to be conducted in two courts within the County of Los
Angeles.  It shall be operable in other counties only upon approval
by a majority vote of a county's board of supervisors.
   (d) A county probation department may utilize the volunteer
services of a local college or university in evaluating the
effectiveness of this program.  In the County of Los Angeles, the
California State University at Los Angeles (CSULA) shall evaluate the
program and submit a report to the Legislature regarding the success
or failure of the program.  CSULA shall bear the costs of the
evaluation and report.
   (e) This section shall not apply to any person who is mentally or
developmentally incapable of attaining the equivalent of a 12th grade
education.
   (f) Failure to make progress in a program under subdivision (a) is
not a basis for revocation of probation.
   (g) This pilot program shall be deemed successful if at least 10
percent of the persons participating in the pilot projects obtain the
equivalent of a 12th grade education within three years or improve
their academic performance by three grade levels within three years.

   (h) It is the intent of the Legislature that any increases in
adult enrollment resulting from the implementation of subdivision (a)
shall not be included in the apportionment of funds for adult
education pursuant to Sections 52616.17 to 52616.20, inclusive, of
the Education Code.
   (i) This section is repealed effective January 1, 2008, unless it
is extended or made permanent by subsequent legislation.