Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 494

Introduced by Assembly Member V. Manuel Pérez

February 20, 2013

An act to amend Section 2053.1 begin delete of, and to add Section 2053.2 to, end delete begin insert of end insert the Penal Code, relating to prisoners.

LEGISLATIVE COUNSEL’S DIGEST

AB 494, as amended, V. Manuel Pérez. Prisoners: literacy and education.

Existing law requires the Secretary of the Department of Corrections and Rehabilitation to implement in every state prison literacy programs that are designed to ensure that, upon parole, inmates are able to achieve a 9th grade reading level. Existing law further requires the department to prepare an implementation plan for the literacy programs and to request sufficient funds to make the programs available to a certain percentage of inmates by specified dates.

This bill would begin insert instead end insert require the department to begin delete request sufficient funding to make the literacy programs available to 75% of inmates by January 1, 2016 end delete begin insert implement literacy programs that are designed to ensure that upon parole inmates are able to achieve the goals contained in a specified plan released by the department. This bill would require the department to prepare an implementation plan and request sufficient funds that, among other things, requires the department to offer academic programming throughout an inmate’s incarceration that focuses on increasing the reading ability of an inmate to at least a 9th grade level and to focus on helping the inmate obtain a general education development certificate or high school diploma for inmates reading at a 9th grade level or higher end insert . begin delete The bill would also require the Secretary of the Department of Corrections and Rehabilitation to implement in every state prison educational programs designed to ensure that, upon parole, inmates are able to acquire a high school diploma, or its equivalent. The department would also be required to prepare an implementation plan for the educational programs and to request sufficient funds to make the programs available to a certain percentage of inmates by specified dates. end delete This bill would also make begin delete a end delete technical, nonsubstantive begin delete change end delete begin insert changes end insert to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

The Legislature finds and declares the following:

end insert

begin insert (a) end insert begin insert   end insert begin insert In 2012, the Department of Corrections and Rehabilitation
released its plan, end insert begin insert “The Future of California Corrections: A
Blueprint to Save Billions of Dollars, End Federal O end insert begin insert versight, and
Improve the Prison System. end insert begin insert ” end insert

begin insert

(b) The plan states that its mission is to improve access to
rehabilitation programs, which includes access to academic
programs, including literacy programs. The goal, according to
the plan, is to place 70 percent of the department’s target
population in programs consistent with the academic and
rehabilitative needs of the prison population. The plan states that
increasing access to rehabilitative programs will reduce recidivism
by better preparing inmates to be productive members of society.
In doing so, the plan will help lower the long-term prison
population and save the state money.

end insert begin insert

(c) Senate Bill 949 of the 1989-90 Regular Session (Chapter
989 of the Statutes of 1989), regarding literacy standards in the
state prison system, is in conflict with the plan that is now in place
by the department. It is the intent of the Legislature to bring the
statute in line with the department’s new policy.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 2053.1 of the Penal Code is amended to read:

2053.1.  

(a) The Secretary of the Department of Corrections
and Rehabilitation shall implement in every state prison literacy
programs that are designed to ensure that upon parole inmates are
able to achieve begin delete a ninth-grade reading level. end delete begin insert the goals contained in
the department’s plan end insert begin insert entitled, “The Future of California
Corrections: A Blueprint to Save Billions of Dollars, End Federal
Oversight, and Improve the Prison System.” end insert The department shall
prepare an implementation plan for this program, and shall request
the necessary funds to implement this program as follows:

begin delete

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

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

(3) To make the program available to at least 75 percent of
eligible inmates in the state prison system by January 1, 2016.

end delete begin insert

(1) The department shall offer academic programming
throughout an inmate’s incarceration that shall focus on increasing
the reading ability of an inmate to at least a 9th grade level.

end insert begin insert

(2) For inmates reading at a 9th grade level or higher, the
department shall focus on helping the inmate obtain a general
education development certificate or high school diploma.

end insert begin insert

(3) The department shall offer college programs through
voluntary education programs.

end insert begin insert

(4) While the department shall offer education to target
populations, priority shall be given to those with a criminogenic
need for education.

end insert

(b) In complying with the requirements of this section, the
department shall give strong consideration to computer-assisted
training and other innovations begin delete which end delete begin insert that end insert have proven to be
effective in reducing illiteracy begin delete of end delete begin insert among end insert disadvantaged adults.

begin delete

SEC. 2.  

Section 2053.2 is added to the Penal Code, to read:

2053.2.  

(a) The Secretary of the Department of Corrections
and Rehabilitation shall implement in every state prison educational
programs that are designed to ensure that upon parole inmates are
able to acquire a high school diploma or its equivalent. The
department 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 percent of
eligible inmates in the state prison system by July 1, 2016.

(2) To make the program available to at least 60 percent of
eligible inmates in the state prison system by January 1, 2019.

(3) To make the program available to at least 75 percent of
eligible inmates in the state prison system by January 1, 2022.

(b) In complying with the requirements of this section, the
department shall give strong consideration to computer-assisted
training and other innovations which have proven to be effective
in teaching and educating disadvantaged adults.

end delete