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 AB 1239 Page 2 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 AB 1239 Page 3 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 AB 1239 Page 4 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 AB 1239 Page 5 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 Page 6 Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916) 319-3744