BILL ANALYSIS AB 1239 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1239 (Solorio) As Amended August 19, 2010 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |68-2 |(January 27, |SENATE: |30-5 |(August 23, | | | |2010) | | |2010) | ----------------------------------------------------------------- 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 Page 2 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 Page 3 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