Amended in Senate April 9, 2015

Senate Bill No. 343

Introduced by Senator Hancock

February 24, 2015

An act to amend Sections 2053.1, 2054, begin delete and 2054.2 end delete begin insert 2054.2, and 2933.6 end insert of, and to repeal Section 2054.1 of, the Penal Code, relating to corrections.

LEGISLATIVE COUNSEL’S DIGEST

SB 343, as amended, Hancock. begin delete Criminal law: corrections. end delete begin insert Corrections: inmates. end insert

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.

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Existing law makes an inmate placed in a Security Housing Unit for specified crimes or because of gang association or membership, or placed in a Psychiatric Services Unit, ineligible to earn credits towards reducing his or her sentence during the time the inmate is in the Security Housing Unit.

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This bill would, notwithstanding that prohibition, permit the Department of Corrections and Rehabilitation to establish regulations to allow specified inmates to earn credits, as specified.

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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, 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 Secretary of the Department of Corrections and
Rehabilitation may establish and maintain classes for inmates by
utilizing personnel of the Department of 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.

(b) Any agreement entered into between the 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 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.

(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.

(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.

SEC. 3.  

Section 2054.1 of the Penal Code is repealed.

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.

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begin insert SEC. 5. end insert   

end insert

begin insert Section 2933.6 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

2933.6.  

(a) Notwithstanding any other law, begin insert except as provided
in subdivision (d), end insert a person who is placed in a Security Housing
Unit, Psychiatric Services Unit, Behavioral Management Unit, or
an Administrative Segregation Unit for misconduct described in
subdivision (b) or upon validation as a prison gang member or
associate is ineligible to earn credits pursuant to Section 2933 or
2933.05 during the time he or she is in the Security Housing Unit,
Psychiatric Services Unit, Behavioral Management Unit, or the
Administrative Segregation Unit for that misconduct.

(b) This section applies to the following offenses:

(1) Murder, attempted murder, and solicitation of murder. For
purposes of this paragraph, solicitation of murder shall be proven
by the testimony of two witnesses, or of one witness and
corroborating circumstances.

(2) Manslaughter.

(3) Assault or battery causing serious bodily injury.

(4) Assault or battery on a peace officer or other nonprisoner
which results in physical injury.

(5) Assault with a deadly weapon or caustic substance.

(6) Rape, attempted rape, sodomy, attempted sodomy, oral
copulation, or attempted oral copulation accomplished against the
victim’s will.

(7) Taking a hostage.

(8) Escape or attempted escape with force or violence.

(9) Escape from any departmental prison or institution other
than a camp or reentry facility.

(10) Possession or manufacture of a deadly weapon or explosive
device.

(11) Arson involving damage to a structure.

(12) Possession of flammable, explosive material with intent to
burn any structure or property.

(13) Solicitation of assault with a deadly weapon or assault by
means of force likely to produce great bodily injury, arson, or a
forcible sex act.

(14) Intentional destruction of state property in excess of four
hundred dollars ($400) during a riot or disturbance.

(c)  begin delete This end delete begin insert Subdivision (a) of this end insert section does not apply if the
administrative finding of the misconduct is overturned or if the
person is criminally prosecuted for the misconduct and is found
not guilty.

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(d) Notwithstanding subdivision (a), the Department of
Corrections and Rehabilitation may establish regulations to allow
specified inmates placed in a Security Housing Unit, Psychiatric
Services Unit, Behavioral Management Unit, or an Administrative
Segregation Unit to earn credits pursuant to Section 2933 or
2933.05, or credits as otherwise specified in regulation, during
the time he or she is in the Security Housing Unit, Psychiatric
Services Unit, Behavioral Management Unit, or the Administrative
Segregation Unit. The regulations shall establish separate
classifications of serious disciplinary infractions to determine the
rate of to restoration of credits, the time period required before
forfeited credits or a portion thereof may be restored, and the
percentage of forfeited credits that may be restored for those time
periods, not to exceed those percentages authorized for general
population inmates. The regulations shall provide for credit
earning for inmates who successfully complete specific program
performance objectives.

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