BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1239
                                                                  Page 1

          Date of Hearing:   January 12, 2010
          Counsel:                Kimberly A. Horiuchi


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                   AB 1239 (Solorio) - As Amended:  January 4, 2010


           SUMMARY  :    Provides funding for academic and vocational  
          education programs shall not be based on the total prison  
          population, but on the number of prisoners requiring those  
          programs, as determined by assessments, as specified, in order  
          to increase program participation and completion rates. 

           EXISTING LAW  :

          1)Requires the California Department of Corrections and  
            Rehabilitation (CDCR) to appoint a Superintendent of  
            Correctional Education to oversee and administer all prison  
            education programs.  The Superintendent of Correctional  
            Education sets short-term and long-term goals for inmate  
            literacy and testing, and prioritizes prison education  
            programs.  (Penal Code Section 2053.4.)


          2)Finds and declares that there is a correlation between  
            prisoner literacy and successful reintegration into society  
            upon release, and that it is the intent of the Legislature in  
            enacting "The Prisoner Literacy Act" to raise the prisoners'  
            functional literacy rates in order to provide for a  
            corresponding reduction in the recidivism rate.  [Penal Code  
            Section 2053(a).]


          3)Provides that the CDCR shall determine the reading level of  
            each prisoner upon commitment.  [Penal Code Section 2053(b).]


          4)Provides that the CDCR Director shall implement in every state  
            prison literacy programs designed to ensure that upon parole  
            inmates are able to achieve a ninth-grade reading level.  CDCR  
            shall give strong consideration to computer-assisted training  
            and other innovations which have proven to be effective in  








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            reducing illiteracy of disadvantaged adults.  (Penal Code  
            Section 2053.1.)


          5)Provides that the CDCR Director may establish and maintain  
            classes for inmates by utilizing CDCR personnel or by entering  
            into an agreement with the governing board of a school  
            district or private school.  (Penal Code Section 2054.)



          6)Provides that the CDCR shall regularly provide operational and  
            fiscal information to the Legislature to allow it to better  
            assess CDCR's performance in critical areas of operations,  
            including to both evaluate the effectiveness of department  
            programs and activities, as well as assess how efficiently the  
            department is using state resources.  [Penal Code Section  
            2063(a).]


           FISCAL EFFECT  :   Unknown

           COMMENTS  :

           1)Author's Statement  :  According to the author, "According to  
            the author, prison education benefits public safety.   
            Correctional researchers and administrators have long been  
            aware of the strong correlation between low education  
            attainment and the likelihood of being incarcerated.  Recent  
            research indicates that correctional education programs can  
            significantly reduce the rate of re-offending for inmates when  
            they are subsequently returned to the community.  

          "With the implementation of AB 900 (Solorio), Chapter 7,  
            Statutes of 2007, the California Rehabilitation Oversight  
            Board (C-ROB) was established to provide oversight to CDCR's  
            rehabilitation and treatment programs generally, to inmate  
            education programs specifically, and to recommend changes to  
            the Legislature and Governor.  AB 900 includes requirements to  
            increase inmate education participation rates, reduce teacher  
            vacancies, and conduct risk and needs assessments of inmates  
            sent to prison.  However, over the last few months, CDCR has  
            implemented severe cuts to rehabilitation programs, mainly  
            education programs, including laying off approximately 700  
            teachers.  Concerns have arisen regarding CDCR's ability to  








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            uphold AB 900 requirements and this bill seeks to ensure that  
            future academic and vocational education programs are not  
            curtailed further at the expense of the publics' safety." 

           2)Background  :  According to information provided by the author,  
            "As prison population is reduced in California with the  
            various reforms, the CDCR budget should be reduced.  However,  
            the academic and vocational education budgets are not separate  
            from the CDCR budget, and so education budgets will be reduced  
            as well.  What this bill seeks to do is to allow the  
            rehabilitation budget not to be reduced as the inmate  
            population is reduced until they are meeting the needs of the  
            inmates for these services.  For example, only 14% of inmates  
            are enrolled in programs even though there is a much greater  
            need.  In current statute, 60% of inmates who have literacy  
            level of less than 9th grade are supposed to be enrolled in a  
            program as of 1996.  According to the Bureau of State Audit  
            Report published in September 2009, CDCR reported in February  
            2009 that of 133,000 inmates tested, 68,600 scored below a 9th  
            grade level."

           3)Failure to Prepare Offenders for Release Jeopardizes Public  
            Safety  :  According to the Little Hoover Commission Report,  
            "Back to the Community: Safe and Sound Parole Policies"  
            (November 2003), "Despite the benefits of addressing the  
            causes of criminal behavior, a culture of punishment within  
            prisons stymies efforts to prepare inmates for their return to  
            their communities as productive, law-abiding citizens.  Nearly  
            20% of all inmates have no assignment to a correctional  
            program during their entire incarceration.  Only a fraction of  
            inmates potentially eligible for prison programs actually  
            participate in them.   Waiting lists are long for most  
            programs and many inmates never gain access.  Education  
            programs comprise less than 1% of the CDCR's budget for  
            institutions, and educational and vocational programs are the  
            first to be cut in tight budget times.  CDCR has a history of  
            unsuccessfully implementing the few educational, vocational  
            and treatment programs that do exist.  

          "Research shows that the State should use the time offenders are  
            in prison to try to change their behavior.  Adult offenders  
            are severely under-educated.  Nineteen percent of adult  
            inmates are completely illiterate and 40% are functionally  
            illiterate, meaning they would be unable, for example, to  
            prepare for a written driver's test without assistance.  By  








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            comparison, the national illiteracy rate for all adults is 4%,  
            with 21% functionally illiterate.  Nationwide, over 70% of all  
            people entering state correctional facilities have not  
            completed high school.  One of the most comprehensive studies  
            ever conducted on the impact of correctional education on  
            recidivism found that inmates who participated in education  
            programs had a 29% reduction in re-incarceration rates and  
            also earned higher wages than those who did not participate in  
            education programs.  The three-state study found that annually  
            for every $1 spent on education more than $2 are saved on food  
            and cell space alone.  

          "Education provides a real payoff to the public in terms of  
            crime reduction and improved employment of ex-offenders.   
            Investments in correctional education programs have been  
            confirmed as a wise and informed public policy.  The Federal  
            Bureau of Prisons reports an inverse relationship between  
            recidivism rates and education - the more education offender  
            receive, the less likely they are to be re-arrested or  
            re-imprisoned."

           4)Arguments in Support  :  According to the  Service Employees  
            International Union (SEIU), Local 1000  :  "Governor  
            Schwarzenegger changed the name of the Department of  
            Corrections to the Department of Corrections and  
            Rehabilitation in 2005.  However, 'Rehabilitation' has not  
            been given equal consideration by the Department.  With the  
            recent changes to the CDCR budget, only about one percent of  
            the Department's nearly $12 billion budget will be spent on  
            academic and vocational education programs.  AB 1239 seeks to  
            preserve what is left of these activities by de-linking the  
            rehabilitation and corrections budget so that as populations  
            decrease in the prisons, a commensurate decrease in the  
            funding for education and rehabilitation programs does not  
            occur, given the unmet demand for these programs.  

          "Prison education programs cut crime. Studies how that  
            ex-convicts are less likely to commit new crimes if they have  
            completed a GED or vocational program while behind bars.   
            Prison education saves money.  Every time two inmates do not  
            return to prison after their release, the state saves  
            $100,000. 

          "California is not investing in education programs that cut  
            crime and save money. Recent data reported by the Bureau of  








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            State Audits Report, published in September 2009 shows that  
            fewer than half of California's inmate population can read at  
            a ninth grade level.  Yet, California has one of the lowest  
            rates of enrollment in programs, with only 14 percent of  
            inmates currently enrolled in any vocational or academic  
            education program.  According to the Legislative Analyst,  
            since 1998-99, the number of slots available in prison  
            classrooms has dropped from 37,000 to 27,000 in 2006-07.   
            During this same time period the total number of inmates has  
            grown from 155,721 in June 1998 to 171,287 in June 2007.  

          "The California Department of Corrections and Rehabilitation is  
            about to terminate between 600 and 900 teachers, including  
            some educators with 25 years experience educating inmates.   
            Whole vocational programs are being eliminated even though  
            there are waiting lists for these classes.  Even with these  
            drastic reductions, there could be further cuts with  
            population decreases.  It does not make sense to decrease  
            programs that help an inmate stay out of prison.  In order to  
            take advantage of the cost-savings of these programs and make  
            our communities safer and more secure, legislation such as AB  
            1239 is necessary.

           5)Prior Legislation  :  AB 900 (Solorio), Chapter 7, Statutes of  
            2007, required, among other things, that CDCR develop an  
            Inmate Treatment and Prison-to-Employment Plan that should  
            evaluate and recommend changes to the Governor and the  
            Legislature regarding current inmate education, treatment, and  
            rehabilitation programs to determine whether the programs  
            provide sufficient skills to inmates that will likely result  
            in their successful employment in the community and reduce  
            their chances of returning to prison after release to parole.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Communities United Institute
          Service Employees International Union (SEIU), Local 1000

           Opposition 
           
          None
           









                                                                 AB 1239
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          Analysis Prepared by  :    Kimberly Horiuchi / PUB. S. / (916)  
          319-3744