BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1239| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1239 Author: Solorio (D), et al Amended: 8/19/10 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/15/10 AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg, Wright SENATE APPROPRIATIONS COMMITTEE : 10-1, 8/12/10 AYES: Kehoe, Ashburn, Alquist, Corbett, Emmerson, Leno, Price, Wolk, Wyland, Yee NOES: Walters ASSEMBLY FLOOR : 68-2, 1/27/10 - See last page for vote SUBJECT : Corrections: academic and vocational education programs SOURCE : Service Employees International Union, Local 1000 DIGEST : This bill requires California Department of Corrections and Rehabilitation to implement any funding adjustments to inmate academic and vocational education programs, as specified. Senate Floor Amendments of 8/19/10 delete language regarding prioritizing elimination of vacant positions over laying off existing staff. CONTINUED AB 1239 Page 2 ANALYSIS : Existing law requires the California Department of Corrections and Rehabilitation (CDCR) to appoint a Superintendent of Correctional Education to oversee and administer all prison education programs. The Superintendent of Correctional Education sets short-term and long-term goals for inmate literacy and testing, and prioritizes prison education programs. (Penal Code Section 2053.4.) Existing law finds and declares that there is a correlation between prisoner literacy and successful reintegration into society upon release, and that it is the intent of the Legislature in enacting "The Prisoner Literacy Act" to raise the prisoners' functional literacy rates in order to provide for a corresponding reduction in the recidivism rate. (Penal Code Section 2053(a).) Existing law requires CDCR to determine the reading level of each prisoner upon commitment. (Penal Code Section 2053(b).) Existing law provides that the Secretary of CDCR shall implement in every state prison literacy programs designed to ensure that upon parole inmates are able to achieve a ninth-grade reading level. CDCR shall give strong consideration to computer-assisted training and other innovations which have proven to be effective in reducing illiteracy of disadvantaged adults. (Penal Code Section 2053.1.) Existing law authorizes the Secretary of CDCR to establish and maintain classes for inmates by utilizing CDCR personnel or by entering into an agreement with the governing board of a school district or private school. (Penal Code Section 2054.) Existing law requires CDCR to regularly provide operational and fiscal information to the Legislature to allow it to better assess CDCR's performance in critical areas of operations, including to both evaluate the effectiveness of department programs and activities, as well as assess how efficiently the department is using state resources. (Penal Code Section 2063(a).) CONTINUED AB 1239 Page 3 This bill makes the following uncodified findings and declarations: A. Approximately 95 percent of inmates in the custody of the CDCR will be released and returned to their original communities. According to the Legislative Analyst's Office, only 14 percent of those released will have received any education or vocational training while incarcerated. B. Lack of academic and vocational education programs creates significant risk and safety issues in the prisons for staff and inmates. The top five CDCR facilities with the highest percentages of inmates in academic programs had an average in-prison violence rate of 4.9 incidents per 100 inmates. The bottom five facilities with the lowest percentages of inmates in academic programs had an average in-prison violence rate of 8.2 incidents per 100 inmates, nearly double the average for facilities with high percentages of inmates in academic programs. The facilities with the highest rates of academic programs for inmates exhibited an average violence rate of 3.9 incidents per 100 inmates. The average number of incidents was more than twice as high, 8.6 incidents per 100 inmates, in CDCR facilities with the lowest rate of academic programs for inmates. C. Attending school behind bars reduces the likelihood of reincarceration by 29 percent. Translated into savings, every $1 spent on inmate education has a return of more than $2 in reduced prison costs which can then go back to the General Fund. D. California has one of the lowest rates of inmate participation in academic programs of any state. Nineteen percent of inmates are completely illiterate and 40 percent of inmates are functionally illiterate, rates that far exceed the general population. California has the dubious distinction of having one of the highest rates of recidivism in the country. According to the Legislative Analyst's Office (LAO), the number of slots for academic programs has actually decreased from 37,000 in 1998 to 27,000 in 2007. CONTINUED AB 1239 Page 4 This bill requires CDCR to implement any funding adjustments to inmate academic and vocational education programs consistent with all of the following: A. Prioritize the preservation of programs that are effective at reducing recidivism based on evidence in studies of the programs operated by the department or in the national literature. B. 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. Seek to place 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. D. Seek to use available resources to maximize the quality of educational programs for inmates and parolees who access and complete programs. E. Seek to maximize the use of federal or other funds to maintain or enhance inmate and parolee programs. This bill requires that no later than September 1 of each year, CDCR report to the Joint Legislative Budget Committee a detailed plan as to how it is meeting the requirements imposed on CDCR 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 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. This provision will become inoperative on September 1, 2015. Prior Legislation CONTINUED AB 1239 Page 5 ABX4 1 (Evans), passed with a vote of 27-13, on July 23, 2009, Chapter 1, Statutes of 2009-10 Fourth Extraordinary Session. AB 900 (Solorio), passed with a vote of 27-10, on April 26, 2007, Chapter 7, Statutes of 2007. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee anaylsis: Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13 Fund Codifies funding priorities $0 $0 $0 General Report/plan to JLBC $30 $50 $50 General This bill codifies 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, drastically cut academic and vocational programs within CDCR, and provides that the reductions be implemented consistent with specified priorities similar to those in this bill. This bill places its directives for spending priorities into the Penal Code and these will 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. This bill 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 CONTINUED AB 1239 Page 6 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. SUPPORT : (Verified 8/20/10) Service Employees International Union, Local 1000 California Communities United Institute Taxpayers for Improving Public Safety ARGUMENTS IN SUPPORT : According to the author's office, Senate Bill 18 x3 (Ducheny), Chapter 28, Statutes of 2009-10 Third Extraordinary Session), the prison reform budget bill, drastically cut academic and education vocational programs within CDCR by more than in half of its operating budget. This significant cut sliced a $428 million program budget to $178 million - resulting in an overall reduction of $250 million. Teachers were significantly impacted. Nearly 700 teachers received layoff notices and entire programs were eliminated. According to a 2004 study conducted by the University of California, Los Angeles School of Public Policy and Social Research titled Correctional Education as a Crime Control Program , once correctional education participants are released, they are about 10 to 20 percent less likely to re-offend than the average released prisoner. Additionally, correctional education may actually create long-run net cost savings. Inmates who participate in education programs are less likely to return to prison. CONTINUED AB 1239 Page 7 For each re-incarceration prevented by education, the state saves approximately $50,000, which is the average yearly cost per prison inmate according to CDCR. One million dollars invested in education would prevent 26 re-incarcerations, for net future savings of $600,000. Cutting academic and vocational educational programs within the state's prison system is likely to have long-term negative consequences and have a greater impact on General Fund obligations. According to a 2008 report by the LAO titled From Cellblocks to Classrooms : Reforming Inmate Education To Improve Public Safety , academic and vocational programs can significantly reduce the likelihood that offenders will commit new offenses and return to prison. The report also provided recommendations to the Legislature to take several steps to improve adult prison education programs in the near term. In particular, the LAO recommended that the state fund these programs based on attendance rather than enrollment, develop incentives for inmate participation in programs, and develop routine case management and program evaluation systems. These recommendations would better leverage the state's existing investment in prison education programs to increase the number of inmates who participate as well as improve the quality of the programs provided. ASSEMBLY FLOOR : AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield, Bradford, Brownley, Buchanan, Caballero, Charles Calderon, Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore, Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore, Hagman, Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello, John A. Perez, Portantino, Ruskin, Salas, Saldana, Skinner, Smyth, Solorio, Audra Strickland, Swanson, Torres, Torrico, Tran, Villines, Yamada NOES: Harkey, Nielsen NO VOTE RECORDED: Carter, Emmerson, Hall, Knight, V. Manuel Perez, Silva, Torlakson, Bass CONTINUED AB 1239 Page 8 RJG:do 8/20/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED