BILL ANALYSIS                                                                                                                                                                                                    



          
           AB 1239
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1239 (Solorio)
          As Amended  August 19, 2010
          Majority vote
           
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          |ASSEMBLY:  |68-2 |(January 27,    |SENATE: |30-5 |(August 23,    |
          |           |     |2010)           |        |     |2010)          |
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           Original Committee Reference:    PUB. S.  

           SUMMARY  :  Requires the California Department of Corrections and  
          Rehabilitation (CDCR) to implement any funding adjustments to  
          inmates academic and vocational education programs, as specified. 

          The Senate amendments  :

          1)Find and declare the following:

             a)   Approximately 95% of inmates in the custody of CDCR will  
               be released and returned to their original communities.  
               According to the Legislative Analyst's Office, only 14% 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%. Translated into savings, every $1  
               spent on inmate education has a return of more than $2 in  







          
           AB 1239
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               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% 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, the number of slots for academic programs has  
               actually decreased from 37,000 in 1998 to 27,000 in 2007

          2)Eliminates the requirement that CDCR prioritize the placement of  
            offenders who are assessed as higher risk to re-offend and only  
            requires placement of inmates and parolees as they are best  
            suited. 

          3)States that CDCR shall seek to use available resources to  
            maximize the quality rather than the number of educational  
            programs for inmates and parolees who access and complete  
            programs.

          4)Provides that the reporting requirements to the Joint  
            Legislative Budget Committee provided in the bill will sunset on  
            September 1, 2015. 

          5)Deletes the requirement that CDCR seek to prioritize the  
            elimination of vacant positions over the laying off of existing  
            staff.

          6)Makes other technical amendments and adds co-authors. 

           AS PASSED BY THE ASSEMBLY  , this bill required CDCR to implement  
          any funding adjustments to inmates academic and vocational  
          education programs, as specified. 
           
          FISCAL EFFECT  :   According to the Senate Appropriations Committee,  
          codifies funding priorities.  Report/plan to the Joint Legislative  
          Budget Committee, $50,000 in 2010-11, up to $80,000 in 2011-12,  
          and up to $80,000 in 2012-13.

           COMMENTS  :   According to the author, "According to the author,  
          prison education benefits public safety.  Correctional researchers  
          and administrators have long been aware of the strong correlation  







          
           AB 1239
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          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 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: 0006557