Senate BillNo. 343


Introduced by Senator Hancock

February 24, 2015


An act to amend Sections 2053.1, 2054, and 2054.2 of, and to repeal Section 2054.1 of, the Penal Code, relating to corrections.

LEGISLATIVE COUNSEL’S DIGEST

SB 343, as introduced, Hancock. Criminal law: corrections.

Existing law requires the Secretary of the Department of Corrections and Rehabilitation to implement a literacy program in every state prison. In implementing these programs, existing law requires the Secretary of the Department of Corrections and Rehabilitation to give strong consideration to computer-assisted training and other innovations that have proven to be effective in reducing illiteracy among disadvantaged adults.

This bill would also require the Department of Corrections and Rehabilitation to give strong consideration to the use of libraries and librarians for that literacy program.

Existing law permits the Secretary of the Department of Corrections and Rehabilitation to establish and maintain classes for inmates. Existing law provides for funding of this program, upon appropriation by the Legislature, at a rate of $40 per inmate. Existing law requires this rate to increase or decrease in the same proportion as the median salaries for full-time high school teachers in the public schools of the state have increased or decreased since the 1956-57 fiscal year.

This bill would repeal the provisions regarding the setting of the rates for funding of these classes.

Existing law requires the Department of Corrections and Rehabilitation to determine and implement a system of incentives to increase inmate participation in, and completion of, academic and vocational education including, but are not limited to, a specified literacy level, a high school diploma or equivalent, or a particular vocational job skill.

This bill would add completion of a community college or 4 year academic degree to the list of included academic and vocational education.

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.  

Section 2053.1 of the Penal Code is amended to
2read:

3

2053.1.  

(a) The Secretary of the Department of Corrections
4and Rehabilitation shall implement in every state prison literacy
5programs that are designed to ensure that upon parole inmates are
6able to achieve the goals contained in this section. The department
7shall prepare an implementation plan for this program, and shall
8request the necessary funds to implement this program as follows:

9(1) The department shall offer academic programming
10throughout an inmate’s incarceration that shall focus on increasing
11the reading ability of an inmate to at least a 9th grade level.

12(2) For an inmate reading at a 9th grade level or higher, the
13department shall focus on helping the inmate obtain a general
14education development certificate, or its equivalent, or a high
15school diploma.

16(3) The department shall offer college programs through
17voluntary education programs or their equivalent.

18(4) While the department shall offer education to target
19populations, priority shall be given to those with a criminogenic
20need for education, those who have a need based on their
21educational achievement level, or other factors as determined by
22the department.

23(b) In complying with the requirements of this section, the
24department shall give strong consideration tobegin insert the use of libraries
25and librarians,end insert
computer-assistedbegin delete trainingend deletebegin insert training,end insert and other
26innovations that have proven to be effective in reducing illiteracy
27among disadvantaged adults.

28

SEC. 2.  

Section 2054 of the Penal Code is amended to read:

P3    1

2054.  

begin insert(a)end insertbegin insertend insertThebegin delete Director of Correctionsend deletebegin insert Secretary of the
2Department of Corrections and Rehabilitationend insert
may establish and
3maintain classes for inmates by utilizing personnel of the
4Department ofbegin delete Corrections,end deletebegin insert Corrections and Rehabilitation,end insert or by
5entering into an agreement with the governing board of a school
6district or private school or the governing boards of school districts
7under which the district shall maintain classes for such inmates.
8The governing board of a school district or private school may
9enter into such an agreement regardless of whether the institution
10or facility at which the classes are to be established and maintained
11is within or without the boundaries of the school district.

begin delete

12Any

end delete

13begin insert(b)end insertbegin insertend insertbegin insertAny end insertagreement entered into between thebegin delete Director of
14Correctionsend delete
begin insert Secretary of the Department of Corrections and
15 Rehabilitationend insert
and a school district or private school pursuant to
16this section may require the Department of Correctionsbegin insert and
17Rehabilitationend insert
to reimburse the school district or private school
18for the cost to the district or private school of maintaining such
19classes. “Cost” as usedbegin delete hereinend deletebegin insert in this sectionend insert includes contributions
20required of any school district to the State Teachers’ Retirement
21System, but such cost shall not include an amount in excess of the
22amount expended by the district for salaries of the teachers for
23such classes, increased by one-fifth. Salaries of such teachers for
24the purposes of this section shall not exceed the salaries as set by
25the governing board for teachers in other classes for adults
26 maintained by the district, or private schools.

begin delete

27Attendance

end delete

28begin insert(c)end insertbegin insertend insertbegin insertAttendance end insertor average daily attendance in classes established
29pursuant to this section or in classes in trade and industrial
30education or vocational training for adult inmates of institutions
31or facilities under the jurisdiction of the Department of Corrections
32begin insert and Rehabilitationend insert shall not be reported to the State Department
33of Education for apportionment and no apportionment from the
34State School Fund shall be made on account of average daily
35attendance in such classes.

begin delete

36No

end delete

37begin insert(d)end insertbegin insertend insertbegin insertNo end insertschool district or private school shall provide for the
38academic education of adult inmates of state institutions or facilities
39under the jurisdiction of the Department of Correctionsbegin insert and
40Rehabilitationend insert
except in accordance with this section.

begin delete

P4    1The Legislature hereby declares that for each fiscal year funds
2for the support of the academic education program for inmates of
3the institutions or facilities under the jurisdiction of the Department
4of Corrections shall be provided, upon appropriation by the
5Legislature, to the Department of Corrections at the rate of forty
6dollars ($40) multiplied by the total number of inmates which the
7Department of Corrections estimates will be in such institutions
8or facilities on December 31st of the fiscal year, except as provided
9in Section 2054.1.

end delete
10

SEC. 3.  

Section 2054.1 of the Penal Code is repealed.

begin delete
11

2054.1.  

The rate specified in Section 2054 shall be further
12increased or decreased in the same proportion as the median
13salaries for full-time high school teachers in the public schools of
14this State have increased or decreased since the 1956-57 Fiscal
15Year.

16“Median salaries” as used herein is the amount which the
17Superintendent of Public Instruction reports will be paid to
18full-time high school teachers in the public schools of this State
19during the fiscal year. Such reports shall be based upon information
20compiled by the Department of Education on salaries of certificated
21employees in the public schools of this State.

22This section applies only to the program of academic education
23for inmates.

end delete
24

SEC. 4.  

Section 2054.2 of the Penal Code is amended to read:

25

2054.2.  

The Department of Corrections and Rehabilitation
26shall determine and implement a system of incentives to increase
27inmate participation in, and completion of, academic and vocational
28education, consistent with the inmate’s educational needs as
29identified in the assessment performed pursuant to Section 3020,
30including, but not limited to, a literacy level specified in Section
312053.1, a high school diploma or equivalent,begin insert completion of a
32community college or four year academic degree,end insert
or a particular
33vocational job skill. These incentives may be consistent with other
34incentives provided to inmates who participate in work programs.



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