BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 343|
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                                   THIRD READING 


          Bill No:  SB 343
          Author:   Hancock (D)
          Amended:  6/1/15  
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  6-1, 4/21/15
           AYES:  Hancock, Anderson, Leno, Liu, McGuire, Monning
           NOES:  Stone

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 5/28/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NOES:  Bates, Nielsen

           SUBJECT:   Corrections:  inmates


          SOURCE:    Service Employees International Union Local 1000


          DIGEST:  This bill requires the California Department of  
          Corrections and Rehabilitation (CDCR) to give strong  
          consideration to the use of libraries and librarians in  
          effective literacy programs in prison and to include completion  
          of a community college or four-year academic degree in the  
          existing requirement that CDCR incentivize inmate participation  
          in educational programming. 


          ANALYSIS:   


          Existing law:









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          1)  Provides that the Secretary of 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.) 

          2)  Provides, in Penal Code section 2053.1, that CDCR must  
            prepare an implementation plan for this program, and shall  
            request the necessary funds to implement this program as  
            follows:
          
             a)   The CDCR must 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.

             b)   For an inmate reading at a 9th grade level or higher,  
               the CDCR must focus on helping the inmate obtain a general  
               education development certificate, or its equivalent, or a  
               high school diploma.

             c)   The CDCR must offer college programs through voluntary  
               education programs or their equivalent.

             d)   While the CDCR must 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 CDCR.

          3)  Requires that "in complying with the requirements of this  
            section, the CDCR 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.) 

          4)  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.)

          5)  Provides that CDCR "shall determine and implement a system  
            of incentives to increase inmate participation in, and  
            completion of, academic and vocational education consistent  







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            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:

          1)  Revises this provision to also reference the use of  
          libraries and librarians.

          2)  Repeals provisions from this section concerning the fiscal  
            formula for supporting the academic education program for  
            inmates, as specified.

          3)  Includes the "completion of a community college or four year  
            academic degree" in this provision.

          Background

          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  
               public higher education system in the nation.  The  







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               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. 

          (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.) 

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Senate Appropriations Committee, the fiscal  
          impact includes 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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          SUPPORT:   (Verified 5/28/15)


          Service Employees International Union Local 1000 (source)
          The California Public Defenders Association
          Legal Services for Prisoners with Children


          OPPOSITION:   (Verified 5/28/15)


          None received

          ARGUMENTS IN SUPPORT:      

          According to the California Public Defenders Association:  

               This bill would amend several Penal Code sections to  
               require the California Department of Corrections and  
               Rehabilitation (CDCR) to give strong consideration to  
               the use of libraries and librarians in its literacy  
               programs and add community and four year college  
               programs to the list of vocational and educational 
               programs. . .

               These are smart, money saving reforms that will  
               protect public and prison safety and promote human  
               dignity.  Numerous studies have documented that  
               literacy is an invaluable tool toward reducing  
               re-offense and helping prisoners successfully  
               reintegrate into the community.  Money spent on  
               educating prisoners in an investment in community  
               safety. 


          Prepared by:Linda Tenerowicz / PUB. S. / 
          6/1/15 19:28:13


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