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 Page 2 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 Page 3 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