BILL ANALYSIS
AB 1702
Page 1
Date of Hearing: April 20, 2010
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Marty Block, Chair
AB 1702 (Swanson) - As Amended: April 5, 2010
SUBJECT : Community colleges: inmate education programs:
computation of apportionments.
SUMMARY : Allows California Community Colleges (CCCs) to
receive full funding for credit courses offered in correctional
institutions. Specifically, this bill :
1)Waives open course provisions for CCC courses offered in state
correctional facilities.
2)Provides that attendance hours generated by CCC credit
instruction in state, city, county or federal correctional
facilities shall be funded at the credit rate and hours
generated by non-credit instruction be funded at the
non-credit rate.
3)Prohibits CCCs from receiving state funding for attendance
hours generated in any inmate education class for which the
CCC receives full compensation from another agency or private
source, and requires the offset of state aid for partial
compensation received from any such source.
4)Prohibits use of state funding for CCC inmate education to
supplant costs incurred by the California Department of
Corrections and Rehabilitation (CDCR).
EXISTING LAW prohibits CCCs from claiming state funding for
classes that are not open to the public, however an exemption is
allowed for inmate education in city, county and federal
correctional facilities. Such courses are funded at non-credit
rates. Under the exemption, funding is not allowed for CCC
classes in state correctional facilities.
FISCAL EFFECT : Unknown. However, according to the Senate
Appropriations Committee analysis of identical legislation, the
General Fund cost of conversion to the full credit rate would be
$329,000 annually. Additionally, costs could arise depending on
the number of full-time equivalent students (FTES) that would
take classes at a state correctional facility. For every 100
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credit FTES authorized under this provision, state costs would
increase by $456,000.
COMMENTS : Purpose of this bill : As outlined in background
documents provided by the author's office, the purpose of this
bill is to "remove the current barriers and disincentives to CCC
coursework in correctional facilities to help address the
inadequate educational attainment that leads to the state's high
incarceration and recidivism rates."
Background : Credit funding per FTES is currently $4,564.82, and
non-credit funding per FTES is $2,744.95 per FTES. Career
Development and College Preparation (CDCP) course funding per
FTES is currently set at $3,232.06. According to the CCC
Chancellor's Office, CCC districts provided credit courses for
1,769 FTES in local and federal correctional facilities in
2006-07. The majority (1,588 FTES) already receive full credit
funding as distance education courses that are open to the
public. Under this bill, the remainder would now receive full
credit apportionment. As noted above, non-credit CDCP courses
are funded at a higher rate than general non-credit courses.
This bill does not change the apportionment rate for these
courses; they would continue to be funded at the non-credit
rate.
The Inmate Education Program : CDCR is funded to provide inmate
education in state correctional facilities. Previous
legislation similar to this bill raised issues surrounding the
possible supplanting of CDCR's inmate education effort. This
bill contains language specifying these provisions shall not be
construed as providing a source of funds to shift, supplant or
reduce the current CDCR efforts. However, it should be noted
that the 2009-10 State Budget included an unallocated cut to
CDCR's budget of $1.2 billion. In response to the cut, CDCR
implemented a $250 million reduction in rehabilitative programs,
including academic, vocational, substance abuse and other
programs for inmates and parolees.
Prior Legislation : SB 574 (Hancock, 2009) was virtually
identical to this bill. SB 574 was held under submission in the
Senate Appropriations Committee. SB 413 (Scott, 2008), virtually
identical to this bill, was vetoed by the Governor whose veto
message read in part:
While I respect the author's attempt to get community
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colleges to play a role in improving instructional
delivery to correctional inmates, this bill as drafted
appears to create inappropriate fiscal incentives for
community colleges, state prisons, local correctional
agencies, and other contracting entities that may lead
to supplanting current funding provided through the
California Department of Corrections and
Rehabilitation.
REGISTERED SUPPORT / OPPOSITION :
Support
None on File
Opposition
None on File
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960