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 SB 1121 (Hancock) Page 1 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 SB 1121 (Hancock) Page 2 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. SB 1121 (Hancock) Page 3