Amended in Senate May 7, 2013

Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 494


Introduced by Assembly Member V. Manuel Pérez

February 20, 2013


An act to amend Section 2053.1 of 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 instead require the department to 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 fundsbegin delete that, among other things, requires the department toend deletebegin insert to, among other things,end insert 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 andbegin delete toend deletebegin insert, for an inmate reading at a 9th grade level or higher,end insert focus on helping the inmate obtain a general education development certificatebegin insert, or its equivalent,end insert or high school diplomabegin delete for inmates reading at a 9th grade level or higherend delete. This bill would also make technical, nonsubstantive changes 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:

P2    1

SECTION 1.  

The Legislature finds and declares the following:

2(a) In 2012, the Department of Corrections and Rehabilitation
3released its plan, “The Future of California Corrections: A
4Blueprint to Save Billions of Dollars, End Federal Oversight, and
5Improve the Prison System.”

6(b) The plan states that its mission is to improve access to
7rehabilitation programs, which includes access to academic
8programs, including literacy programs. The goal, according to the
9plan, is to place 70 percent of the department’s target population
10in programs consistent with the academic and rehabilitative needs
11of the prison population. The plan states that increasing access to
12rehabilitative programs will reduce recidivism by better preparing
13inmates to be productive members of society. In doing so, the plan
14will help lower the long-term prison population and save the state
15money.

16(c) Senate Bill 949 of the 1989-90 Regular Session (Chapter
17989 of the Statutes of 1989), regarding literacy standards in the
18state prison system, is in conflict with the plan that is now in place
19by the department. It is the intent of the Legislature to bring the
20statute in line with the department’s new policy.

21

SEC. 2.  

Section 2053.1 of the Penal Code is amended to read:

22

2053.1.  

(a) The Secretary of the Department of Corrections
23and Rehabilitation shall implement in every state prison literacy
24programs that are designed to ensure that upon parole inmates are
25able to achieve the goals contained in the department’s plan
26entitled, “The Future of California Corrections: A Blueprint to
27Save Billions of Dollars, End Federal Oversight, and Improve the
28Prison System.” The department shall prepare an implementation
29plan for this program, and shall request the necessary funds to
30implement this program as follows:

P3    1(1) The department shall offer academic programming
2throughout an inmate’s incarceration that shall focus on increasing
3 the reading ability of an inmate to at least a 9th grade level.

4(2) Forbegin delete inmatesend deletebegin insert an inmateend insert reading at a 9th grade level or higher,
5the department shall focus on helping the inmate obtain a general
6education development certificatebegin insert or its equivalentend insert or high school
7diploma.

8(3) The department shall offer college programs through
9voluntary education programsbegin insert or equivalent programsend insert.

10(4) While the department shall offer education to target
11populations, priority shall be given to those with a criminogenic
12need for educationbegin insert, those who have a need based on their
13educational achievement level, or other factors as determined by
14the departmentend insert
.

15(b) In complying with the requirements of this section, the
16department shall give strong consideration to computer-assisted
17training and other innovations that have proven to be effective in
18reducing illiteracy among disadvantaged adults.



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