BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                SB 1121
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        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:








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           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 








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        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









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