BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1239
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          ASSEMBLY THIRD READING
          AB 1239 (Solorio)
          As Amended  January 25, 2010
          Majority vote 

           PUBLIC SAFETY       7-0         APPROPRIATIONS      12-5        
           
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          |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  








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               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
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          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 

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