BILL ANALYSIS Ó
AB 1271
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Date of Hearing: January 14, 2014
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Das Williams, Chair
AB 1271 (Bonta) - As Amended: January 6, 2014
SUBJECT : Community colleges: inmate education programs:
computation of apportionments.
SUMMARY : Allows California Community Colleges (CCC) to receive
full funding for courses offered in correctional institutions.
Specifically, this bill :
1)Waives open course provisions for CCC courses offered in state
correctional facilities.
2)Provides that attendance hours generated by CCC credit
instruction in state, city, county or federal correctional
facilities shall be funded at the credit rate, hours generated
by non-credit instruction be funded at the non-credit rate,
and hours generated by instruction in career development and
college preparation funded at the established rate.
3)Prohibits CCC from receiving state funding for attendance
hours generated in any inmate education class for which the
CCC receives full compensation from another agency or private
source, and requires the offset of state aid for partial
compensation received from any such source.
4)Prohibits use of state funding for CCC inmate education to
supplant costs incurred by the California Department of
Corrections and Rehabilitation (CDCR).
EXISTING LAW prohibits CCCs from claiming state funding for
classes that are not open to the public; however an exemption is
allowed for inmate education in city, county and federal
correctional facilities. Such courses are funded at non-credit
rates. Under the exemption, funding is not allowed for CCC
classes in state correctional facilities.
FISCAL EFFECT : Unknown. However, according to the Assembly
Appropriations Committee analysis of identical legislation
authored in 2012:
1)Ongoing General Fund (Prop. 98) cost pressure for converting
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qualified existing courses to the full credit rate at local
and federal institutions. In addition, the higher funding
rates could result in increased course offerings at local and
federal facilities, with resulting state costs.
2)Additional costs would depend on the number of FTEs taking
classes in state correctional facilities and thus eligible for
apportionment funding under this bill. For every 100
for-credit FTEs, annual GF (Prop. 98) costs would increase by
$456,000. CCC are limited to enrollment caps that arguably
would make this a zero sum change, but not all colleges are at
their caps, thus expanding access and funding rates creates
enrollment and funding pressure.
3)To the extent this bill leads to increased education
programming for inmates, the state and local governments could
realize unquantifiable savings associated with decreased
recidivism.
COMMENTS : Purpose of this bill. According to the author, CDCR
data from 2006 showed that 28,000 paroled felons returned to
prison within one year after release. The UCLA School of Public
Policy and Social Research suggest that recidivism may be
reduced by 10% to 20% with educational programs at correctional
facilities. Inmates who participate in education programs are
two times more likely to be employed after release than those
who do not. This can enhance local entities ability to assist
parolees in reintegrating into the community, as required under
realignment, by releasing inmates to county supervision having
obtained skills necessary for employment.
Background. Credit funding per Full-Time Equivalent Student
(FTES) is currently $4636, and non-credit funding per FTES is
$2788. Career Development and College Preparation course
funding per FTES is currently set at $3283. According to the
CCC Chancellor's Office, CCC districts provided credit courses
for 1,769 FTES in local and federal correctional facilities in
2006-07, the most recent year from which this data is available.
The majority (1,588 FTES) already receive full credit funding
as distance education courses that are open to the public.
Under this bill, the remainder (181 FTES) would now receive full
credit apportionment.
Inmate Education Program. CDCR is funded to provide inmate
education in state correctional facilities. According to the
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CDCR Office of Correctional Education, academic courses through
the 12th grade are available at 32 institutions, and 15
different vocational trades are taught within CDCR facilities.
The analyses of previous similar legislation raised concerns
surrounding the possible supplanting of CDCR's inmate education
efforts. This bill contains language specifying these
provisions shall not be construed as providing a source of funds
to shift, supplant or reduce the current CDCR efforts.
CCC course offering priorities. In recent years, budget
shortfalls and General Fund reductions combined with increased
student demand left CCC unable to provide course offerings to
fully meet student needs. While the 2013-14 Budget Act provided
additional revenue to CCC, many colleges are still unable to
meet demand. For example, according to data provided by the CCC
Chancellor's Office, in the fall of 2013, colleges had an
average of 5,026 students on waitlists. In recent years the
Legislature has directed CCC in implementing budget reductions
to prioritize transfer, basic skills, and career technical
education courses. The goal of this legislation is to encourage
CCC course offerings for inmates, which may be inconsistent with
existing Legislative priorities.
Prior similar legislation. Several similar bills have been
introduced in the past. AB 216 (Swanson, 2012) was approved by
this Committee, but was subsequently amended to address a
different subject matter. AB 1702 (Swanson, 2010) and SB 574
(Hancock, 2009) were held in the Senate Appropriations
Committee. SB 413 (Scott, 2008) was vetoed by the Governor.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
California School Employees Association
California State Conference of the NAACP
Community College League of California
Los Rios Community College District
Yuba Community College District
Opposition
None on File
AB 1271
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Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960