BILL ANALYSIS
AB 1239
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Date of Hearing: January 12, 2010
Counsel: Kimberly A. Horiuchi
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1239 (Solorio) - As Amended: January 4, 2010
SUMMARY : Provides funding for academic and vocational
education programs shall not be based on the total prison
population, but on the number of prisoners requiring those
programs, as determined by assessments, as specified, in order
to increase program participation and completion rates.
EXISTING LAW :
1)Requires the California Department of Corrections and
Rehabilitation (CDCR) to appoint a Superintendent of
Correctional Education to oversee and administer all prison
education programs. The Superintendent of Correctional
Education sets short-term and long-term goals for inmate
literacy and testing, and prioritizes prison education
programs. (Penal Code Section 2053.4.)
2)Finds and declares that there is a correlation between
prisoner literacy and successful reintegration into society
upon release, and that it is the intent of the Legislature in
enacting "The Prisoner Literacy Act" to raise the prisoners'
functional literacy rates in order to provide for a
corresponding reduction in the recidivism rate. [Penal Code
Section 2053(a).]
3)Provides that the CDCR shall determine the reading level of
each prisoner upon commitment. [Penal Code Section 2053(b).]
4)Provides that the CDCR Director shall implement in every state
prison literacy programs designed to ensure that upon parole
inmates are able to achieve a ninth-grade reading level. CDCR
shall give strong consideration to computer-assisted training
and other innovations which have proven to be effective in
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reducing illiteracy of disadvantaged adults. (Penal Code
Section 2053.1.)
5)Provides that the CDCR Director may establish and maintain
classes for inmates by utilizing CDCR personnel or by entering
into an agreement with the governing board of a school
district or private school. (Penal Code Section 2054.)
6)Provides that the CDCR shall regularly provide operational and
fiscal information to the Legislature to allow it to better
assess CDCR's performance in critical areas of operations,
including to both evaluate the effectiveness of department
programs and activities, as well as assess how efficiently the
department is using state resources. [Penal Code Section
2063(a).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "According to
the author, prison education benefits public safety.
Correctional researchers and administrators have long been
aware of the strong correlation between low education
attainment and the likelihood of being incarcerated. Recent
research indicates that correctional education programs can
significantly reduce the rate of re-offending for inmates when
they are subsequently returned to the community.
"With the implementation of AB 900 (Solorio), Chapter 7,
Statutes of 2007, the California Rehabilitation Oversight
Board (C-ROB) was established to provide oversight to CDCR's
rehabilitation and treatment programs generally, to inmate
education programs specifically, and to recommend changes to
the Legislature and Governor. AB 900 includes requirements to
increase inmate education participation rates, reduce teacher
vacancies, and conduct risk and needs assessments of inmates
sent to prison. However, over the last few months, CDCR has
implemented severe cuts to rehabilitation programs, mainly
education programs, including laying off approximately 700
teachers. Concerns have arisen regarding CDCR's ability to
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uphold AB 900 requirements and this bill seeks to ensure that
future academic and vocational education programs are not
curtailed further at the expense of the publics' safety."
2)Background : According to information provided by the author,
"As prison population is reduced in California with the
various reforms, the CDCR budget should be reduced. However,
the academic and vocational education budgets are not separate
from the CDCR budget, and so education budgets will be reduced
as well. What this bill seeks to do is to allow the
rehabilitation budget not to be reduced as the inmate
population is reduced until they are meeting the needs of the
inmates for these services. For example, only 14% of inmates
are enrolled in programs even though there is a much greater
need. In current statute, 60% of inmates who have literacy
level of less than 9th grade are supposed to be enrolled in a
program as of 1996. According to the Bureau of State Audit
Report published in September 2009, CDCR reported in February
2009 that of 133,000 inmates tested, 68,600 scored below a 9th
grade level."
3)Failure to Prepare Offenders for Release Jeopardizes Public
Safety : According to the Little Hoover Commission Report,
"Back to the Community: Safe and Sound Parole Policies"
(November 2003), "Despite the benefits of addressing the
causes of criminal behavior, a culture of punishment within
prisons stymies efforts to prepare inmates for their return to
their communities as productive, law-abiding citizens. Nearly
20% of all inmates have no assignment to a correctional
program during their entire incarceration. Only a fraction of
inmates potentially eligible for prison programs actually
participate in them. Waiting lists are long for most
programs and many inmates never gain access. Education
programs comprise less than 1% of the CDCR's budget for
institutions, and educational and vocational programs are the
first to be cut in tight budget times. CDCR has a history of
unsuccessfully implementing the few educational, vocational
and treatment programs that do exist.
"Research shows that the State should use the time offenders are
in prison to try to change their behavior. Adult offenders
are severely under-educated. Nineteen percent of adult
inmates are completely illiterate and 40% are functionally
illiterate, meaning they would be unable, for example, to
prepare for a written driver's test without assistance. By
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comparison, the national illiteracy rate for all adults is 4%,
with 21% functionally illiterate. Nationwide, over 70% of all
people entering state correctional facilities have not
completed high school. One of the most comprehensive studies
ever conducted on the impact of correctional education on
recidivism found that inmates who participated in education
programs had a 29% reduction in re-incarceration rates and
also earned higher wages than those who did not participate in
education programs. The three-state study found that annually
for every $1 spent on education more than $2 are saved on food
and cell space alone.
"Education provides a real payoff to the public in terms of
crime reduction and improved employment of ex-offenders.
Investments in correctional education programs have been
confirmed as a wise and informed public policy. The Federal
Bureau of Prisons reports an inverse relationship between
recidivism rates and education - the more education offender
receive, the less likely they are to be re-arrested or
re-imprisoned."
4)Arguments in Support : According to the Service Employees
International Union (SEIU), Local 1000 : "Governor
Schwarzenegger changed the name of the Department of
Corrections to the Department of Corrections and
Rehabilitation in 2005. However, 'Rehabilitation' has not
been given equal consideration by the Department. With the
recent changes to the CDCR budget, only about one percent of
the Department's nearly $12 billion budget will be spent on
academic and vocational education programs. AB 1239 seeks to
preserve what is left of these activities by de-linking the
rehabilitation and corrections budget so that as populations
decrease in the prisons, a commensurate decrease in the
funding for education and rehabilitation programs does not
occur, given the unmet demand for these programs.
"Prison education programs cut crime. Studies how that
ex-convicts are less likely to commit new crimes if they have
completed a GED or vocational program while behind bars.
Prison education saves money. Every time two inmates do not
return to prison after their release, the state saves
$100,000.
"California is not investing in education programs that cut
crime and save money. Recent data reported by the Bureau of
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State Audits Report, published in September 2009 shows that
fewer than half of California's inmate population can read at
a ninth grade level. Yet, California has one of the lowest
rates of enrollment in programs, with only 14 percent of
inmates currently enrolled in any vocational or academic
education program. According to the Legislative Analyst,
since 1998-99, the number of slots available in prison
classrooms has dropped from 37,000 to 27,000 in 2006-07.
During this same time period the total number of inmates has
grown from 155,721 in June 1998 to 171,287 in June 2007.
"The California Department of Corrections and Rehabilitation is
about to terminate between 600 and 900 teachers, including
some educators with 25 years experience educating inmates.
Whole vocational programs are being eliminated even though
there are waiting lists for these classes. Even with these
drastic reductions, there could be further cuts with
population decreases. It does not make sense to decrease
programs that help an inmate stay out of prison. In order to
take advantage of the cost-savings of these programs and make
our communities safer and more secure, legislation such as AB
1239 is necessary.
5)Prior Legislation : AB 900 (Solorio), Chapter 7, Statutes of
2007, required, among other things, that CDCR develop an
Inmate Treatment and Prison-to-Employment Plan that should
evaluate and recommend changes to the Governor and the
Legislature regarding current inmate education, treatment, and
rehabilitation programs to determine whether the programs
provide sufficient skills to inmates that will likely result
in their successful employment in the community and reduce
their chances of returning to prison after release to parole.
REGISTERED SUPPORT / OPPOSITION :
Support
California Communities United Institute
Service Employees International Union (SEIU), Local 1000
Opposition
None
AB 1239
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Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744