BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1239
                                                                  Page  1

          Date of Hearing:   January 21, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

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

          Policy Committee:                              Public  
          SafetyVote:   

          Urgency:      No                  State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill requires that, "in order to increase participation and  
          completion rates for academic and vocational education  
          programs," funding for vocational and academic education shall  
          not be based upon the total prison population, but upon the  
          number of prisoners requiring those programs, as determined by  
          the assessments required under existing law.   

           FISCAL EFFECT  

          Significant annual GF pressure, in the tens of millions of  
          dollars, to the extent inmate academic and vocational education  
          budgets are retooled to reflect the number of inmates who would  
          benefit from these programs and to the extent this language  
          forestalls additional budget cuts. The goal of the proposed  
          language is to countermand current-year budget cuts and protect  
          these programs in the future.

          The 2009-10 budget reduced spending on inmate academic and  
          vocational education programs by $59 million, from $212 million  
          to $153 million. Inmate program cuts in 2009-10 (such as for  
          substance abuse programming and employment services) total $249  
          million. It is not yet clear how many education-related  
          positions - teachers, librarians, supervisory and support - will  
          be eliminated. Related contracts will be cut significantly. CDCR  
          is working with the Department of Personnel Administration on  
          lay-off processes. CDCR has estimated a 30% to 50% reduction in  
          education-related staff, which would be in the range of 400 to  
          600 positions.   

          Even prior to the 2009-10 programs cuts, less than 10% of  








                                                                  AB 1239
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          inmates participated in education programs. If the budgeting  
          direction in this bill resulted in a restoration of funding, the  
          cost would be in the range of $60 million. If it expanded  
          education programs to address actual need, as determined by  
          educational assessments, the costs would be considerably  
          greater. Expansion, however, would require more than additional  
          funding, as many inmates prefer paid prison work. Education  
          incentives, such as pay and sentence credits would need to be  
          implemented/expanded.  

          Also, while the proposed 2010-11 budget maintains the 2009-10  
          program cuts, the governor has stated he will propose virtually  
          eliminating remaining inmate programs if $6.9 billion in federal  
          funds does not materialize. This would include the balance of  
          the remaining $153 million for inmate education programs.   

          Finally, the sponsor of the bill, SEUI Local 1000, filed suit  
          against the state in December, alleging the state is violating  
          various laws, regulations, and policies by reducing spending on  
          inmate education. To the extent this bill effectively supports  
          litigation against the state, the result of successful  
          litigation could be costs in the tens of millions for  
          restoration of cuts, in addition to millions of dollars for  
          attorney fees.  

           COMMENTS  

              1)   Rationale  . The author and sponsor, SEIU Local 1000,  
               reference the correlation between education and  
               criminality, citing research that indicates correctional  
               education programs can significantly reduce recidivism. 

             2)   AB 900 (Solorio, Chapter 7, Statutes of 2007), which  
               authorized $6.1 billion in lease-revenue bond financing for  
               about 40,000 new prison beds (none of which have been  
               built) included language to increase inmate education  
               participation rates, reduce teacher vacancies, and conduct  
               risk and needs assessments of inmates sent to prison. The  
               author and sponsor cite the inmate education program cuts  
               as evidence of CDCR's inability to implement AB 900 program  
               requirements. According to the author, "this bill seeks to  
               ensure that future academic and vocational education  
               programs are not curtailed further at the expense of the  
               public's safety."









                                                                  AB 1239
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              3)   Suggested Amendment  . The 2009-10 budget bill requires  
               CDCR to implement any inmate program reductions consistent  
               with a lengthy list of requirements, such as (a)  
               identifying and preserving the most effective programs; (b)  
               seeking more effective program delivery; (c) prioritizing  
               inmate placement based on need and likelihood of success;  
               (d) eliminating vacant positions before laying off staff;  
               (e) maximizing federal and other funds. 

            The budget bill language, however, is effective only through  
            June 2009. The committee may wish to consider codifying  
            similar language in lieu of the proposed language in the bill,  
            as this language is consistent with legislative budget action.  


              4)   SEUI Local 1000 filed suit against the state December  
               17  , alleging defendants "have violated and continue to  
               violate the provisions of the state law, regulations and  
               policy by arbitrarily and capriciously failing to implement  
               the provisions of AB 900, and other portions of the law  
               pertaining to inmate rehabilitation programs through prison  
               education - vocational and academic." 

            Is the committee's intent to support litigation against the  
            state by directing that funding for education programs be  
            based on AB 900 assessments? 

              5)   Support.  According to SEUI Local 1000, AB 1239 seeks to  
               protect inmate education programs 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." 

           
           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081