BILL ANALYSIS
AB 1239
Page 1
ASSEMBLY THIRD READING
AB 1239 (Solorio)
As Amended January 25, 2010
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 12-5
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|Ayes:|Ammiano, Hagman, |Ayes:|De Leon, Ammiano, |
| |Furutani, Gilmore, Hill, | |Bradford, Charles |
| |Huffman, Skinner | |Calderon, Coto, Davis, |
| | | |Fuentes, Hall, John A. |
| | | |Perez, Skinner Solorio, |
| | | |Torlakson |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Conway, Harkey, Miller, |
| | | |Nielsen, Audra Strickland |
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SUMMARY : Requires the California Department of Corrections and
Rehabilitation (CDCR) to implement any funding adjustments to
inmates academic and vocational education programs, as
specified.
1)Mandates CDCR implement any funding adjustments to inmates
academic and vocational education programs consistent with all
of the following:
a) CDCR shall prioritize the preservation of programs
effective at reducing recidivism based on evidence in
studies of programs operated by the CDCR or in the national
literature.
b) CDCR shall seek to achieve savings through more
efficient operations in the delivery of these programs and
shall take into account cost avoidance for the state.
c) CDCR shall seek to place inmates and parolees into
programs for which they are best suited by prioritizing the
placement of offenders assessed as higher risk to
re-offend; demonstrate a significant need for the services
provided by a particular program; and who have a sufficient
amount of time left to serve in prison to reasonably
AB 1239
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complete the program or, at a minimum, make a reasonable
amount of progress so that it is possible that the program
will have an impact on their likelihood of recidivism.
d) CDCR shall seek to prioritize the elimination of vacant
positions instead of laying off existing staff.
e) CDCR shall seek to use available resources to maximize
the number of inmates and parolees who have access to and
complete programs.
f) CDCR shall seek to maximize the use of federal or other
funds to maintain or enhance inmate and parolee programs.
2)States that no later than September 1st of each year, CDCR
shall report to the Joint Legislative Budget Committee a
detailed plan as to how it is meeting the provisions of this
bill to increase participation and completion rates for
academic and vocational educational programs as determined by
the assessments specified in existing law. This report shall
include, but not be limited to, information on the success of
participants at achieving a literacy level, as specified; a
high school diploma or equivalent; or a particular job skill.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, "Minor absorbable reporting costs to CDCR.
The proposed language is consistent with 2009 Budget Act and
results in no direct costs."
COMMENTS : 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
AB 1239
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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
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."
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."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0003638