BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair


          SB 1121 (Hancock) - Inmate classification: participation of 
          educators.
          
          Amended: April 9, 2012          Policy Vote: Public Safety 6-0
          Urgency: No                     Mandate: No
          Hearing Date: April 30, 2012                           
          Consultant: Jolie Onodera       
          
          This bill meets the criteria for referral to the Suspense File.


          Bill Summary: SB 1121 would require the presence of a 
          credentialed teacher, vice principal, or principal at all 
          meetings relating to the academic or vocational education 
          program placement of an inmate, as specified. This bill would 
          make attendance at these meetings part of the assigned duties of 
          a credentialed teacher, vice principal, or principal who is 
          employed by the Department of Corrections and Rehabilitation 
          (CDCR) and who assigns inmates to programs.

          Fiscal Impact: 
              Ongoing CDCR staffing costs of $111,000 (General Fund) per 
              additional position required to ensure the attendance of 
              educational staff at all classification hearings. 
              Alternatively, the redirection of existing staff resources 
              from the classroom and other duties would also incur costs 
              in overtime and reductions in the provision of programming.

              To the extent the participation of educators in 
              classification meetings results in the improved placement of 
              inmates into more appropriate and timely programming, CDCR 
              could incur potentially significant future costs savings 
              (General Fund) in reduced incarceration through increased 
              sentencing credits earned, reduced recidivism, and 
              successful reentry of individuals into their communities. 

          Background: Current law requires the CDCR to conduct an 
          assessment of each inmate that includes data regarding the 
          inmate's system of substance abuse, medical and mental health, 
          education, family background, criminal activity, and social 
          functioning. The assessment is to be used to place the inmate in 
          programs that will aid his/her reentry to society and that will 








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          most likely reduce the inmate's chances of re-offending.

          Each determination affecting an inmate's placement within an 
          institution, transfer between institutions, program 
          participation, or custody designation is to be made by a 
          classification committee composed of staff knowledgeable in the 
          classification process. According to CDCR, an Initial 
          Classification Committee (ICC) evaluates an inmate's case 
          factors within 14 days of arrival and initiates an education, 
          vocational training, or work program. At least annually, a Unit 
          Classification Committee (UCC) evaluates each inmate's case to 
          consider their program. 

          Under current practice, CDCR indicates the ICC and UCC are 
          generally comprised of a facility captain, correctional 
          counselors, educational or vocational representative, inmate 
          assignment representative, and other staff as required. However, 
          the formal job duties of the educational representative do not 
          include participation in classification committee hearings. 
          Consequently, teachers asked to participate would be required to 
          redirect time otherwise spent in the classroom or participate in 
          hearings on their own time. 

          The CDCR provides a variety of rehabilitation programs to 
          inmates, including academic and vocational education and 
          substance abuse treatment. Recent budget reductions include a 
          one-time $101 million reduction in 2011-12 to inmate and parolee 
          rehabilitation programs. A recent Legislative Analyst's Office 
          (LAO) report noted that CDCR does not always use needs 
          assessments to assign inmates to programs and recommended that 
          additional rehabilitation funding be withheld until the CDCR 
          provides a plan with how it will match programs to the 
          population remaining after realignment. CDCR's recently released 
          plan, "The Future of California Corrections: A Blueprint to Save 
          Billions of Dollars, End Federal Oversight, and Improve the 
          Prison System," reflects the department's intent to increase the 
          percentage of inmates served in rehabilitation programs to 70 
          percent of the target population and adds 159 academic teachers 
          and 98 vocational instructors over a two-year period.

          Proposed Law: This bill would require the presence of a 
          credentialed teacher, vice principal, or principal at all 
          classification committee hearings relating to the academic or 
          vocational education program placement of an inmate pursuant to 








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          inmate classification regulations (Section 3375 of Title 15, 
          California Code of Regulations). This bill would further provide 
          that attendance at these hearings shall be made part of the 
          assigned duties of these three specified CDCR educational 
          positions who assign inmates to programs. 

          Prior Legislation: AB 900 (Solorio) Chapter 7/2007, authorized 
          approximately $7.7 billion for a broad package of prison 
          construction and rehabilitation initiatives in order to reduce 
          significant overcrowding in the state prisons. Anti-recidivism 
          and rehabilitation efforts included requiring individualized 
          program needs assessments for all inmates at reception, as well 
          as implementation of a system of incentives designed to increase 
          participation in education programs and encourage inmates to 
          complete educational goals. 


          Staff Comments: CDCR has indicated 33 principals, 44 academic 
          vice principals, and 13 vocational vice principals (90 positions 
          total) currently attend classification committee hearings. 
          Classification hearings are usually held weekly at each 
          institution, with each inmate seen no less than annually, 
          subject to program completion or removal. CDCR estimates between 
          50 and 75 percent of current hearings have an educational 
          representative present. In order to have an educational 
          representative at each hearing, CDCR indicates it is likely that 
          new positions would be required. In order to staff the 25 to 50 
          percent of hearings that are currently not being covered, CDCR 
          estimates staff needs of 15 to 30 teachers may be required at a 
          cost of $1.7 million to $3.3 million annually ($111,000 per 
          position). Given the weekly frequency of meetings, it is unknown 
          if the additional duties prescribed in the bill would warrant an 
          additional full time position at each institution, however, it 
          is likely some number of new positions would be required, as 
          well as the redirection of existing staff at some facilities in 
          order for an educational representative to be present at every 
          classification hearing.  

          To the extent the mandatory attendance of educational 
          representatives results in more appropriate and timely 
          placements of inmates in educational and vocational programs, 
          improved outcomes for inmates and future cost savings in 
          local/state incarceration due to reduced recidivism could 
          potentially be realized. 








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