BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1121|
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                                 THIRD READING


          Bill No:  SB 1121
          Author:   Hancock (D)
          Amended:  5/25/12
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  6-0, 4/17/12
          AYES:  Hancock, Anderson, Calderon, Liu, Price, Steinberg
          NO VOTE RECORDED:  Harman

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/24/12
          AYES:  Kehoe, Walters, Alquist, Dutton, Lieu, Price, 
            Steinberg


           SUBJECT  :    State prison inmate classification:  
          participation of educators

           SOURCE  :     Service Employees International Union, Local 
          1000


           DIGEST  :    This bill provides that a credentialed teacher, 
          vice principal, or principal shall provide input relating 
          to the academic or vocational education program placement 
          of an inmate, as specified.

           ANALYSIS  :    Existing law requires that the Department of 
          Corrections and Rehabilitation (CDCR) conduct assessments 
          of all inmates that include, but are not limited to, data 
          regarding the inmate's history of substance abuse, medical 
          and mental health, education, family background, criminal 
          activity, and social functioning.  The assessments shall be 
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          used to place inmates in programs that will aid in their 
          reentry to society and that will most likely reduce the 
          inmate's chances of reoffending.  (Penal Code § 3020)

          Existing law provides that the Director of CDCR shall 
          appoint a Superintendent of Correctional Education, who 
          shall oversee and administer all prison education programs. 
           The Superintendent of Correctional Education shall set 
          both short-term and long-term goals for inmate literacy and 
          testing, and shall establish priorities for prison 
          education programs.  (Penal Code § 2053.4)

          Existing law requires that the Director of CDCR shall 
          implement in every state prison literacy programs that are 
          designed to ensure that upon parole inmates are able to 
          achieve a ninth-grade reading level.  CDCR shall prepare an 
          implementation plan for this program, and shall request the 
          necessary funds to implement this program as follows:

          1. To make the program available to at least 25% of 
             eligible inmates in the state prison system by July 1, 
             1991.

          2. To make the program available to at least 60% of 
             eligible inmates in the state prison system by January 
             1, 1996.

          In complying with the requirements of this section, 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 § 2053.1)

          Existing law provides that the Director of CDCR may 
          establish and maintain classes for inmates by utilizing 
          personnel of CDCR, or by entering into an agreement with 
          the governing board of a school district or private school 
          or the governing boards of school districts under which the 
          district shall maintain classes for such inmates.  The 
          governing board of a school district or private school may 
          enter into such an agreement regardless of whether the 
          institution or facility at which the classes are to be 
          established and maintained is within or without the 
          boundaries of the school district.

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          Existing law requires CDCR to determine and implement a 
          system of incentives to increase inmate participation in, 
          and completion of, academic and vocational education, 
          consistent with the inmate's educational needs as 
          identified in the assessment performed pursuant to Section 
          3020, including, but not limited to, a literacy level 
          specified in Section 2053.1, a high school diploma or 
          equivalent, or a particular vocational job skill.  These 
          incentives may be consistent with other incentives provided 
          to inmates who participate in work programs.  (Penal Code § 
          2054.2)

          Existing law provides that CDCR's inmate classification 
          process shall take into consideration the inmate's needs, 
          interests and desires, his/her behavior and placement score 
          in keeping with the CDCR and institution's/facility's 
          program and security missions and public safety.  Each 
          determination affecting an inmate's placement within an 
          institution/facility, transfer between facilities, program 
          participation, privilege groups, or custody designation 
          shall be made by a classification committee composed of 
          staff knowledgeable in the classification process.  (15 
          Cal. Code of Regs. 
          § 3375(b), (c))

          This bill provides that a credentialed teacher, vice 
          principal, or principal shall provide input relating to the 
          academic or vocational education program placement of an 
          inmate pursuant to Section 3375 of Title 15 of the 
          California Code of Regulations, including, but not limited 
          to, interviewing the inmate, verifying the inmate's 
          education records and test scores, or being present at 
          meetings relating to the academic or vocational education 
          program placement.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          According to the Senate Appropriations Committee, minor, 
          absorbable costs to the CDCR.

           SUPPORT  :   (Verified  5/24/12)


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          Service Employees International Union, Local 1000 (source)
          California Public Defenders Association
          Drug Policy Alliance

           ARGUMENTS IN SUPPORT  :    According to the author:

            Current practice at the California Department of 
            Corrections and Rehabilitation (CDCR) allows custodial 
            staff and classification committees to assign inmates in 
            education programs and does not require input from 
            educators.  SB 1121 would instead require a teacher, vice 
            principal, or principal to be present at classification 
            committee meetings.  Educators would be able to use test 
            scores and their professional assessment to help place 
            inmates into classes or suggest removal from classes 
            based upon the identified educational needs of inmates.  
            Professionals, who are able to assess real learning 
            levels and motivation of inmates, have the skills 
            necessary to help custodial staff assign inmates in 
            education programs. 

            A decrease in rehabilitation funding in recent years, 
            particularly to the number of teachers and education 
            programs, has made it extremely important that those who 
            are assessed to have educational deficiencies or need job 
            training be placed in the most appropriate programs to 
            meet their needs.  However, that has not been the case.  
            A recent survey of 216 teachers within California's 33 
            state prisons indicated problems with mis-assignments and 
            the inability to remove or add inmates to classes.  
            Teachers, for example, reported long waiting lists to get 
            into classes while inmates who had been in the infirmary 
            for over 4 months were still listed in their classes, 
            thus taking up limited space that could have been given 
            to other students.  In a recent report by the Legislative 
            Analyst Office (LAO), Refocusing CDCR After the 2011 
            Realignment, the LAO reported that the CDCR is not 
            adhering to a number of principles of effective 
            programming such as risk and needs principles.  For 
            example, in September 2011 the Bureau of State Audits 
            (BSA) found that CDCR is not always using needs 
            assessments to assign inmates to programs (The Benefits 
            of Its Correctional Offender Management Profiling for 
            Alternative Sanctions Program Are Uncertain).

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            This bill is an effort to address some of the issues 
            raised by the LAO and the BSA, and to address a 
            persistent problem that teachers in the field indicate 
            decreases the effectiveness of rehabilitation programs.  
            With less overcrowding as a result of the public safety 
            realignment, there emerges a chance to put in place 
            academic and vocational education programs that would 
            allow inmates to successfully reintegrate into society.  
            In that respect, the law needs to change to allow 
            professionals to help custodial staff make education 
            placement decisions.


          RJG:mw  5/25/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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