BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 343| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: SB 343 Page 2 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 SB 343 Page 3 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 SB 343 Page 4 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. SB 343 Page 5 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 **** END **** SB 343 Page 6