BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1271
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          Date of Hearing:   January 23, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   AB 1271 (Bonta) - As Amended:  January 15, 2014 

          Policy Committee:                              Higher  
          EducationVote:12-1

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill allows California Community Colleges (CCCs) to receive  
          full funding for credit-course instruction offered in  
          correctional institutions.  Specifically, this bill:

          1)Waives "open course" provisions for community college courses  
            offered in state correctional facilities, thus conforming to  
            current allowances for CCC courses in local or federal  
            correctional facilities, for which the colleges receive  
            funding even though the courses are not open to the general  
            public.

          2)Allows attendance hours generated by credit and career  
            development/college preparation courses, respectively, at  all   
            correctional facilities to be funded at the corresponding  
            rates for those types of courses rather than at the lower,  
            non-credit rate.

          3)Prohibits districts from claiming state apportionments for  
            instruction in correctional facilities if the district is  
            fully compensated by another entity for the costs of direct  
            instructional services, and requires districts to deduct any  
            partial compensation for correctional facility education from  
            their apportionment.

           FISCAL EFFECT  

          1)Ongoing General Fund (Prop. 98) cost pressure for converting  
            qualified existing courses to the full credit rate at local  
            and federal institutions.









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            Currently, credit funding per FTES is $4,636, career  
            development and college preparation course funding is $3,283,  
            and non-credit funding is $2,788.  According to the CCC  
            Chancellor's Office, in 2006-07 (most recent data available)  
            districts provided credit courses for 1,769 FTES in local and  
            federal correctional facilities. The majority (1,588 FTES)  
            already received full credit funding as distance education  
            courses open to the public.  Under this bill, the remaining  
            FTES (181) would have received full credit apportionment at a  
            cost of $335,000.

            In addition to the above costs for existing courses, 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. For every 100  
            for-credit FTEs, annual GF (Prop. 98) costs would increase by  
            $464,000.  Community colleges 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  

           1)Purpose  .  According to the author, this bill seeks to address  
            difficulties that the formerly incarcerated face due to a lack  
            of education and job skills. The UCLA School of Public Policy  
            and Social Research suggests 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. 

            The California Department of Corrections and Rehabilitation  
            (CDCR) is funded to provide inmate education in state  
            correctional facilities.  As a result of an unallocated cut to  
            the CDCR's budget for 2009-10, the department implemented a  
            $250 million reduction in rehabilitative programs, including  








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            academic, vocational, substance abuse and other programs for  
            inmates and parolees. An additional $101 million one-time  
            reduction was included as part of the 2011-12 budget.

           2)Current 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, with funding provided at non-credit  
            rates.  State funding under this exemption is not allowed for  
            CCC classes in state correctional facilities.

           3)Prior Legislation  .  In 2011, AB 216 (Swanson), which was  
            virtually identical to this bill, passed the Assembly but was  
            amended in the Senate to address a different topic. In 2010,  
            AB 1702 (Swanson) and in 2009, SB 574 (Hancock), also  
            virtually bills, were both held on Suspense in Senate  
            Appropriations. In 2008, SB 413 (Scott), also substantially  
            similar, was vetoed by Governor Schwarzenegger, who argued  
            that the bill "appears to create inappropriate fiscal  
            incentives for community colleges, state prisons, local  
            correctional agencies, and other contracting entities that may  
            lead to supplanting current funding provided through the  
            California Department of Corrections and Rehabilitation."

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081