BILL ANALYSIS AB 1239 Page 1 ASSEMBLY THIRD READING AB 1239 (Solorio) As Amended January 25, 2010 Majority vote PUBLIC SAFETY 7-0 APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|Ammiano, Hagman, |Ayes:|De Leon, Ammiano, | | |Furutani, Gilmore, Hill, | |Bradford, Charles | | |Huffman, Skinner | |Calderon, Coto, Davis, | | | | |Fuentes, Hall, John A. | | | | |Perez, Skinner Solorio, | | | | |Torlakson | | | | | | |-----+--------------------------+-----+--------------------------| | | |Nays:|Conway, Harkey, Miller, | | | | |Nielsen, Audra Strickland | ----------------------------------------------------------------- SUMMARY : Requires the California Department of Corrections and Rehabilitation (CDCR) to implement any funding adjustments to inmates academic and vocational education programs, as specified. 1)Mandates CDCR implement any funding adjustments to inmates academic and vocational education programs consistent with all of the following: a) CDCR shall prioritize the preservation of programs effective at reducing recidivism based on evidence in studies of programs operated by the CDCR or in the national literature. b) CDCR 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. c) CDCR shall seek to place inmates and parolees into programs for which they are best suited by prioritizing the placement of offenders assessed as higher risk to re-offend; 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 AB 1239 Page 2 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 recidivism. d) CDCR shall seek to prioritize the elimination of vacant positions instead of laying off existing staff. e) CDCR shall seek to use available resources to maximize the number of inmates and parolees who have access to and complete programs. f) CDCR shall seek to maximize the use of federal or other funds to maintain or enhance inmate and parolee programs. 2)States that no later than September 1st of each year, CDCR shall report to the Joint Legislative Budget Committee a detailed plan as to how it is meeting the provisions of this bill to increase participation and completion rates for academic and vocational educational programs as determined by the assessments specified in existing law. This report shall include, but not be limited to, information on the success of participants at achieving a literacy level, as specified; a high school diploma or equivalent; or a particular job skill. FISCAL EFFECT : According to the Assembly Appropriations Committee analysis, "Minor absorbable reporting costs to CDCR. The proposed language is consistent with 2009 Budget Act and results in no direct costs." COMMENTS : 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 AB 1239 Page 3 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 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." 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." Please see the policy committee for a full discussion of this bill. Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916) 319-3744 FN: 0003638