BILL NUMBER: SB 343 INTRODUCED
BILL TEXT
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:
SECTION 1. 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 the goals contained in this section. The department
shall prepare an implementation plan for this program, and shall
request the necessary funds to implement this program as follows:
(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.
(2) For an inmate reading at a 9th grade level or higher, the
department shall focus on helping the inmate obtain a general
education development certificate, or its equivalent, or a high
school diploma.
(3) The department shall offer college programs through voluntary
education programs or their equivalent.
(4) While the department shall offer education to target
populations, priority shall be given to those with a criminogenic
need for education, those who have a need based on their educational
achievement level, or other factors as determined by the department.
(b) In complying with the requirements of this section, the
department shall give strong consideration to the use of
libraries and librarians, computer-assisted training
training, and other innovations that have proven
to be effective in reducing illiteracy among disadvantaged adults.
SEC. 2. Section 2054 of the Penal Code is amended to read:
2054. (a) The Director of
Corrections Secretary of the Department of Corrections
and Rehabilitation may establish and maintain classes for
inmates by utilizing personnel of the Department of
Corrections, Corrections and Rehabilitation, or
by entering into an agreement with the governing board of a school
district or private school or the governing boards of school
districts under which the district shall maintain classes for such
inmates. The governing board of a school district or private school
may enter into such an agreement regardless of whether the
institution or facility at which the classes are to be established
and maintained is within or without the boundaries of the school
district.
Any
(b) Any agreement entered into
between the Director of Corrections Secretary
of the Department of Corrections and Rehabilitation
and a school district or private school pursuant to this section may
require the Department of Corrections and Rehabilitation
to reimburse the school district or private school for the cost to
the district or private school of maintaining such classes. "Cost" as
used herein in this section includes
contributions required of any school district to the State Teachers'
Retirement System, but such cost shall not include an amount in
excess of the amount expended by the district for salaries of the
teachers for such classes, increased by one-fifth. Salaries of such
teachers for the purposes of this section shall not exceed the
salaries as set by the governing board for teachers in other classes
for adults maintained by the district, or private schools.
Attendance
(c) Attendance or average daily
attendance in classes established pursuant to this section or in
classes in trade and industrial education or vocational training for
adult inmates of institutions or facilities under the jurisdiction of
the Department of Corrections and Rehabilitation shall
not be reported to the State Department of Education for
apportionment and no apportionment from the State School Fund shall
be made on account of average daily attendance in such classes.
No
(d) No school district or private
school shall provide for the academic education of adult inmates of
state institutions or facilities under the jurisdiction of the
Department of Corrections and Rehabilitation except in
accordance with this section.
The Legislature hereby declares that for each fiscal year funds
for the support of the academic education program for inmates of the
institutions or facilities under the jurisdiction of the Department
of Corrections shall be provided, upon appropriation by the
Legislature, to the Department of Corrections at the rate of forty
dollars ($40) multiplied by the total number of inmates which the
Department of Corrections estimates will be in such institutions or
facilities on December 31st of the fiscal year, except as provided in
Section 2054.1.
SEC. 3. Section 2054.1 of the Penal Code is repealed.
2054.1. The rate specified in Section 2054 shall be further
increased or decreased in the same proportion as the median salaries
for full-time high school teachers in the public schools of this
State have increased or decreased since the 1956-57 Fiscal Year.
"Median salaries" as used herein is the amount which the
Superintendent of Public Instruction reports will be paid to
full-time high school teachers in the public schools of this State
during the fiscal year. Such reports shall be based upon information
compiled by the Department of Education on salaries of certificated
employees in the public schools of this State.
This section applies only to the program of academic education for
inmates.
SEC. 4. Section 2054.2 of the Penal Code is amended to read:
2054.2. The Department of Corrections and Rehabilitation shall
determine and implement a system of incentives to increase inmate
participation in, and completion of, academic and vocational
education, consistent with the inmate's educational needs as
identified in the assessment performed pursuant to Section 3020,
including, but not limited to, a literacy level specified in Section
2053.1, a high school diploma or equivalent, completion of a
community college or four year academic degree, or a particular
vocational job skill. These incentives may be consistent with other
incentives provided to inmates who participate in work programs.