BILL NUMBER: AB 1239	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 25, 2010
	AMENDED IN ASSEMBLY  JANUARY 4, 2010

INTRODUCED BY   Assembly Member Solorio

                        FEBRUARY 27, 2009

   An act to add Section  2054.3   2062.5 
to the Penal Code, relating to prisoners.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1239, as amended, Solorio. Prisoners: prison education
programs.
   Existing law establishes various prison education programs. 
Existing law requires the Department of Corrections and
Rehabilitation to determine and implement a system of incentives to
increase inmate participation in, and completion of, academic and
vocational education, as specified. Existing law requires the
department to develop and implement a plan to obtain additional
rehabilitation and treatment services for prison inmates and
parolees.  
   This bill would require that the Department of Corrections and
Rehabilitation implement any funding adjustments to inmate academic
and vocational education programs consistent with specified
requirements, including, among others, that the department shall
prioritize the preservation of programs that are effective at
reducing recidivism and that the department shall seek to place
inmates and parolees into programs for which they are best suited, as
specified. The bill would require the department to annually report
to the Joint Legislative Budget Committee specified information
regarding inmate participation in, and completion of, academic and
vocational education programs.  
   This bill would require that funding for those programs be based
not on the total prison population, but on the number of prisoners
requiring those programs, as determined by assessments, as specified.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 2062.5 is added to the 
 Penal Code   , to read:  
   2062.5.  (a) The Department of Corrections and Rehabilitation
shall implement any funding adjustments to inmate academic and
vocational education programs consistent with all of the following:
   (1) The department shall prioritize the preservation of programs
that are effective at reducing recidivism based on evidence in
studies of the programs operated by the department or in the national
literature.
   (2) The department shall seek to achieve savings through more
efficient operations in the delivery of these programs and shall take
into account cost avoidance for the state.
   (3) The department shall seek to place inmates and parolees into
programs for which they are best suited by prioritizing the placement
of offenders who are assessed as higher risk to reoffend,
demonstrate a significant need for the services provided by a
particular program, and who have a sufficient amount of time left to
serve in prison to reasonably complete the program or, at a minimum,
make a reasonable amount of progress so that it is possible that the
program will have an impact on their likelihood of recidivating.
   (4) The department shall seek to prioritize the elimination of
vacant positions over laying off existing staff.
   (5) The department shall seek to use available resources to
maximize the number of inmates and parolees who have access to and
complete programs.
   (6) The department shall seek to maximize the use of federal or
other funds to maintain or enhance inmate and parolee programs.
   (b) No later than September 1st of each year, the department shall
report to the Joint Legislative Budget Committee a detailed plan as
to how it is meeting the provisions of Sections 2054.2 and 2062 to
increase participation and completion rates for academic and
vocational education programs, as determined by the assessments
performed pursuant to Section 3020. This report shall include, but
not be limited to, information on the success of participants at
achieving a literacy level as specified in Section 2053.1, a high
school diploma or equivalent, or a particular job skill. 

  SECTION 1.    Section 2054.3 is added to the Penal
Code, to read:
   2054.3.  In order to increase participation and completion rates
for academic and vocational education programs, funding for those
programs shall not be based upon the total prison population, but
upon the number of prisoners requiring those programs, as determined
by the assessments performed pursuant to Section 3020.