BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    SB 343        Hearing Date:    April 21, 2015    
          
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          |Author:    |Hancock                                              |
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          |Version:   |April 9, 2015                                        |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|LT                                                   |
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                           Subject:  Corrections:  Inmates



          HISTORY

          Source:   Service Employees International Union

          Prior Legislation:  SB 1391 (Hancock)-Ch.695 Stats. 2014 
                              
          Support:            Legal Services for Prisoners with Children;  
                    The California Public Defenders Association 

          Opposition: None known

                                       PURPOSE


          The purpose of this bill is to (1) require the Department of  
          Corrections and Rehabilitation (CDCR)  to  give strong  
          consideration to the use of libraries and librarians in  
          effective literacy programs in prison; (2) include completion of  
          a community college or four-year academic degree in the existing  
          requirement that CDCR incentivize inmate participation in  
          educational programming; and (3) authorize CDCR to allow certain  
          inmates in segregated housing to earn good time credits for  
          educational programming, as specified. 
          
          Existing law provides that the Secretary of the Department of  








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          Corrections and Rehabilitation ("CDCR") "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?." (Penal Code § 2053.1.) 

          Existing law provides that CDCR 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.

          Existing law requires that "in complying with the requirements  
          of this section, the department shall give strong consideration  
          to computer-assisted training and other innovations that have  
          proven to be effective in reducing illiteracy among  
          disadvantaged adults." (Penal Code § 2053.1.) 

          This bill would revise this provision to also reference the use  
          of libraries and librarians. 

          Existing law provides a formula for each fiscal year to  
          determine funds to support academic programs for inmates and  
          specifies proportional increases and decreases in relation to  
          median salaries for full-time high school teachers as of  
          1956-57. (Penal Code § 2054.1.)

          This bill would repeal provisions from this section concerning  
          the fiscal formula for supporting the academic education program  
          for inmates, as specified.










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          This bill makes additional non-substantive revisions to this  
          section. 

          Existing law provides that CDCR "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 (as specified), including, but not limited to, a  
          literacy level (as specified), a high school diploma or  
          equivalent, or a particular vocational job skill." (Penal Code §  
          2054.2.)

          This bill would include the "completion of a community college  
          or four year academic degree" in this provision.

          Existing law generally provides that a person who is placed in  
          segregated housing is ineligible to earn good time credits, as  
          specified. (Penal Code § 2933.6.)

          This bill would authorize CDCR "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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                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past eight years, this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In February of this year the administration reported that as "of  
          February 11, 2015, 112,993 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.6% of design bed  
          capacity, and 8,828 inmates were housed in out-of-state  
          facilities.  This current population is now below the  
          court-ordered reduction to 137.5% of design bed capacity."(  
          Defendants' February 2015 Status Report In Response To February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).

          While significant gains have been made in reducing the prison  
          population, the state now must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;









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              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.










          COMMENTS

          1. Stated Need for This Bill

          The author states:

               Libraries in the past have been seen as a legal  
               resource for inmates who want to appeal their case.  
               However libraries have evolved to a place where they  
               provide literacy services to the inmate population.  
               For example, they run programs to tape or video  
               inmates reading children's stories that can be sent to  
               their children. This allows inmates to start reading  
               simple books and along the way teach them to read for  
               themselves. The libraries provide resources that  
               inmates can use upon their release and teach them how  
               to use the library and their computers so that when  
               they are released they can use public libraries to  
               access services. This section encourages inmates who  
               have already completed a GED or have a high school  
               diploma to take higher education courses leading to an  
               AA or four year degree by increasing the milestones  
               that could be earned for higher education degree  









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               completion. 

          2. What This Bill Would Do

          This bill would do the following with regard to inmate  
          education:

                           Authorize CDCR to develop regulations to  
                    allow certain inmates in segregated housing to  
                    earn good time credit through academic  
                    programming;

                           Incentivize educational programming  
                    through community college or four-year academic  
                    degree programs, as specified; and 

                           Give strong consideration to libraries  
                    and librarians in CDCR's literacy programs. 

          3. Background-Importance of Prison Education

          According to the executive summary of "Degrees of Freedom:  
          Expanding College Opportunities for Incarcerated and Formerly  
          Incarcerated Californians":

               It is estimated that over 50,000 individuals will be  
               released from California's prisons in the next two  
               years, and thousands more will be released from county  
               jails. Proposition 47, now being implemented  
               throughout the state, may result in the release of  
               thousands more. Without intervention, many of these  
               individuals are likely to return to custody in a  
               repeat cycle of incarceration. There is a way to stop  
               this revolving door: a recent RAND study shows that  
               participants in prison college programs have 51  
               percent lower odds of recidivating than those who do  
               not participate and, after release, the odds of  
               obtaining employment are higher for those who  
               participated in education. It is time to take  
               advantage of that knowledge by making high-quality  
               college opportunities available for the state's  
               currently and formerly incarcerated residents.

               California is an innovative state, with the largest  









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               public higher education system in the nation.  The  
               state has 112 community colleges, the vast majority of  
               which are located near a prison, jail or community  
               with high concentrations of formerly incarcerated  
               residents. These colleges enroll 74 percent of all  
               undergraduate students in California. They are  
               affordable gateways with existing support structures  
               and experience in helping educationally disadvantaged  
               students succeed. 

               Moreover, California has a history as a leader in  
               correctional education. In 1979, in-person college  
               courses were available in every prison in California.  
               Nine of 19 California State University campuses  
               provided on-ramp programs designed to support these  
               students as they transitioned into the college  
               environment, and 15 community colleges had programs  
               that supported students with criminal histories on  
               their campuses. Since then, the prison population in  
               California has grown by more than 700%, but access to  
               college inside prisons has not keep pace. In 1976, 8.6  
               percent of state prison inmates were enrolled in  
               college courses, and by 2013 the number of inmate  
               students enrolled in college had shrunk nearly in half  
               to 4.4 percent. Not only has enrollment dropped, but  
               quality has suffered as well. Statewide, in-prison  
               college programs were decimated in the early 1990s and  
               replaced with low-quality correspondence-based  
               distance education. <1>


          
                                      -- END -





                             ---------------------------
          <1> Mukamal, Debbie, Rebecca Silbert, and Rebecca Taylor.  
          "Degrees of Freedom:    Expanding College Opportunities for  
          Incarcerated and Formerly Incarcerated Californians."  
          Stanford Law School; Berkeley Law, Feb. 2015. Web. 










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