BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1121| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED SB 1121 Page 2 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. CONTINUED SB 1121 Page 3 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) CONTINUED SB 1121 Page 4 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). CONTINUED SB 1121 Page 5 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 **** END **** CONTINUED