BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
1239 (Solorio)
Hearing Date: 06/28/2010 Amended: 06/07/2010
Consultant: Jacqueline Wong-HernandezPolicy Vote: Public Safety
7-0
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BILL SUMMARY: AB 1239 would require the Department of
Corrections and Rehabilitation (CDCR) to implement any funding
adjustments to inmate academic and vocational education programs
in a manner consistent with all of the following priorities:
The preservation of programs that are effective at reducing
recidivism based on evidence in studies of the programs
operated by CDCR or in the national literature.
Seeking to achieve savings through more efficient operations
in the delivery of these programs and taking into account cost
avoidance for the state.
Placing inmates and parolees into programs for which they are
best suited, who 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 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
recidivating.
Seeking to prioritize eliminating vacant positions over laying
off of existing staff.
Using available resources to maximize the quality of
educational programs for inmates and parolees who access and
complete programs.
Maximizing the use of federal or other funds to maintain or
enhance inmate and parolee programs.
This bill would require CDCR to report to the Joint Legislative
Budget Committee (JLBC) a detailed plan as to how it is meeting
the requirements imposed by Sections 2054.2 and 2062 to increase
participation and completion rates for academic and vocational
education programs, as determined by the assessments performed
pursuant to Section 3020. This reporting provision would sunset
on September 1, 2015.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
Codifies funding priorities $0 $0
$0 General
Report/plan to JLBC $50 up to
$80 up to $80 General
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
This bill would codify the funding adjustment priorities for
CDCR's academic and vocational programs detailed in the 2008-09
Budget. SB 18 x3 (Ducheny, Chapter 28, Statutes of 2009-10 Third
Extraordinary Session), the prison reform budget trailer bill,
Page 2
AB 1239 (Solorio)
drastically cut academic and vocational programs within CDCR,
and provided that the reductions be implemented consistent with
specified priorities similar to those in this bill. AB 1239
would place its directives for spending priorities into the
Penal Code and these would therefore become permanent policy
directives beyond the current fiscal year. The priorities affect
the spending of existing funds, and are flexible; many require
the department to "seek to prioritize" certain programs and
values with no clear indication of the tangible impact of the
requirement.
AB 1239 diverges from the Budget bill priority language in
requiring CDCR prioritize spending on rehabilitation programs in
favor of quality over quantity. This represents a shift from
the language of last year's budget bill (which specified that
the department would "seek to use available resources to
maximize the number of inmates and parolees who have access to
and complete programs) and the Department's attempts to maximize
the number of inmates who receive at least some programming.
The primary cost of this bill comes from the requirement on CDCR
to report to the JLBC a detailed plan as to how it is meeting
the requirements imposed on the department by Sections 2054.2
and 2062 to increase participation and completion rates for
academic and vocational education programs, as determined by the
assessments performed pursuant to Section 3020. AB 1502
specifies that the annual report shall include, but not be
limited to, information on the success of participants at
achieving a literacy level as specified in Section 2053.1, a
high school diploma or equivalent, or a particular job skill.
This annual reporting requirement differs from, and will be more
extensive than, the one-time report in the Budget Bill. In the
Budget Bill, a one-time fiscal report was required. CDCR was
required to report on its plan for achieving savings and, later,
on its progress in achieving those savings. AB 1502 requires
CDCR to create a detailed new programmatic plan, and to report
information on participants' academic achievement and job skill
acquisition success. The reporting of this level of outcomes
will result in a much greater workload increase than the Budget
Bill's requirement, at a time when the Adult Programs budget has
been cut by 40%. The costs will be higher in the first year,
because the components of the report will be created for the
first time.