BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 343 (Hancock) - Corrections: inmates
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|Version: April 9, 2015 |Policy Vote: PUB. S. 6 - 1 |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 28, 2015 |Consultant: Jolie Onodera |
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SUSPENSE FILE. AS AMENDED.
Bill Summary: SB 343 would do the following:
Require the Department of Corrections and Rehabilitation
(CDCR) to give strong consideration to the use of libraries
and librarians in its literacy programs in prisons.
Repeal the provisions of law specifying the fiscal formula to
be used to fund, upon legislative appropriation, the statewide
academic education program for inmates.
Include completion of a community college or four-year
academic degree in the existing requirement that CDCR
incentivize inmate participation in educational programming.
Authorize CDCR to allow certain inmates in segregated housing
to earn good time credits for educational programming, as
specified.
Fiscal Impact (as approved May 28,
2015): Potential future cost pressure (General Fund) to the
extent the consideration of the use of libraries and libraries
in CDCR literacy programs results in the future funding for
additional materials, training, and staff.
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Background: Existing law requires the Secretary of the CDCR to implement
in every state prison literacy programs that are designed to
ensure that upon parole inmates are able to achieve specified
goals such as increasing reading ability, obtaining a general
education development certificate, or its equivalent, or a high
school diploma. In pursuit of those goals, CDCR is required to
give strong consideration to computer-assisted training, and
other innovations that have proven to be effective in reducing
illiteracy among disadvantaged adults. (Penal Code (PC) §
2053.1.)
Existing law provides for $40 per inmate for each fiscal year to
be provided, upon appropriation, to CDCR to support academic
programs for inmates, and specifies proportional increases or
decreases to the funding level in relation to median salaries
for full-time high school teachers since FY 1956-57. (PC §
2054.1.)
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." (PC §
2054.2.)
Existing law generally provides that a person who is placed in
segregated housing (Secured Housing Unit (SHU), Psychiatric
Services Unit (PSU), Behavioral Management Unit (BMU), or
Administrative Segregation Unit) is ineligible to earn good time
credits, as specified. (PC § 2933.6.)
Proposed Law: This bill:
Requires the CDCR to give strong consideration to the use of
libraries and librarians in its literacy programs in prisons.
Repeals the provisions of law specifying the fiscal formula to
be used to fund, upon legislative appropriation, the statewide
academic education program for inmates.
Includes completion of a community college or four-year
academic degree in the existing requirement that CDCR
incentivize inmate participation in educational programming.
Authorizes CDCR to allow certain inmates in segregated housing
to earn good time credits for educational programming through
SB 343 (Hancock) Page 2 of
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the establishment of regulations that do the following:
o Establish separate classifications of serious
disciplinary infractions to determine the rate of
restoration of credits;
o Specify the time period required before
forfeited credits or a portion thereof may be
restored;
o Specify the percentage of forfeited credits
that may be restored for those time periods, not to
exceed those percentages authorized for general
population inmates;
o Provide for credit earning for inmates who
successfully complete specific program performance
objectives.
Related Legislation: SB 759 (Anderson) 2015 would require CDCR
to collect specified data regarding inmates subject to a term in
a SHU. The bill would require the Inspector General to use the
data to prepare reports for the Legislature on specified
criteria pertaining to inmates in a SHU and PSU. This bill would
also authorize CDCR to establish regulations to allow specified
inmates placed in segregated housing to earn credits while
placed in segregated housing. This bill recently passed out of
the Senate Committee on Public Safety.
Prior
Legislation: SB 1391 (Hancock) Chapter 695/2014 allows
California Community Colleges to receive full funding for
credit-course instruction offered in correctional institutions
and seeks to expand the offering of such courses.
Staff
Comments: This bill requires CDCR to give strong consideration
to the use of libraries and librarians proven to be effective in
reducing illiteracy. The CDCR has indicated this may require
CDCR to adjust duty statements for library staff to include
skills, engagement, and activity within the literacy program.
Formalizing these duty statements may require additional
training and development for library staff, however, the costs
associated with this additional training and development are
unknown.
The mandate to create a system of incentives to encourage
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participation in academic programs leading to completion of a
community college or four year academic degree compliments
existing law and is not anticipated to have a significant fiscal
impact on CDCR. Adjustment of the inmate education incentives
may encourage inmates to pursue and obtain a college education,
which may allow for their earlier release, thereby reducing
incarceration costs and the likelihood of recidivism.
The CDCR has indicated no fiscal impact associated with
repealing the provisions of law specifying the fiscal formula to
be used to fund, upon legislative appropriation, the statewide
academic education program for inmates.
This bill authorizes CDCR to allow certain inmates in segregated
housing to earn credits for educational programming. Depending
on the eventual content of the programs in these regulations,
this expansion could potentially require CDCR to hire additional
teaching staff and secure additional facilities in order to
accommodate additional students. The magnitude of these costs is
unknown at this time, but could be substantial. Staff notes any
up-front costs could potentially be offset in future years in
whole or in part to the extent the credit-earning ability leads
to earlier releases from prison and reduced recidivism.
The CDCR would incur one-time costs associated with promulgating
regulations to allow specified inmates placed in a SHU, PSU,
BMU, or an Administrative Segregation Unit to earn credits
during the time he or she is housed in the respective units.
CDCR estimates a cost of approximately $100,000 for the
promulgation of regulations.
Author amendments (as adopted May 28, 2015): Delete Section 5
of the bill, which required CDCR to 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.
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