BILL ANALYSIS Ó SB 1121 Page 1 SENATE THIRD READING SB 1121 (Hancock) As Amended May 25, 2012 Majority vote SENATE VOTE :39-0 PUBLIC SAFETY 4-0 APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|Ammiano, Knight, Hagman, |Ayes:|Fuentes, Blumenfield, | | |Skinner | |Bradford, Charles | | | | |Calderon, Campos, Davis, | | | | |Gatto, Hall, Hill, Lara, | | | | |Mitchell, Solorio | | | | | | |-----+--------------------------+-----+--------------------------| | | |Nays:|Harkey, Donnelly, | | | | |Nielsen, Norby, Wagner | ----------------------------------------------------------------- SUMMARY : Requires a credentialed teacher, vice principal, or principal to provide input relating to the academic or vocational education program placement of an inmate, including, but not limited to, interviewing the inmate, verifying the inmate's education records and test score, or being present at meetings relating to the academic or vocational education program placement. EXISTING LAW : 1)Requires California Department of Corrections (CDCR) to 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. These assessments shall be 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. 2)Mandates the Director of CDCR to implement in all 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: SB 1121 Page 2 a) To make the program available to at least 25% of eligible inmates in the state prison system by July 1, 1991; and b) To make the program available to at least 60% of eligible inmates in the state prison system by January 1, 1996. 3)Authorizes the Director of Corrections to 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. 4)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 inmate's assessment, including, but not limited to, a literacy level as specified, 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. 5)Provides that CDCR's inmate classification process shall take into consideration the inmate's needs, interests and desires, his or her behavior and placement score in keeping with the CDCR and the institution's or 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. FISCAL EFFECT : According to the Assembly Appropriations Committee, minor absorbable costs, as this requirement essentially reflects current practice. COMMENTS : According to the author, "Current practice at the CDCR allows custodial staff and classification committees to assign inmates in education programs and does not require participation from educators. SB 1121 would require a teacher, vice principal, or SB 1121 Page 3 principal to provide input relating to the placement of inmates in academic or vocational education at classification committee meetings. The bill would allow educators to participate in the assignment process by interviewing inmates, verifying their education records and test scores, or attending the classification committee meetings. "In recent years, a decrease in rehabilitation funding, 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). "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 is an opportunity 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." Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744 FN: 0004740 SB 1121 Page 4