BILL ANALYSIS
AB 1702
Page 1
ASSEMBLY THIRD READING
AB 1702 (Swanson)
As Amended May 28, 2010
Majority vote
HIGHER EDUCATION 8-0 APPROPRIATIONS 17-0
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|Ayes:|Block, Norby, Adams, |Ayes:|Fuentes, Conway, Ammiano, |
| |Chesbro, Fong, Galgiani, | | |
| |Portantino, Ruskin | |Bradford, Charles |
| | | |Calderon, Coto, |
| | | |Davis, Monning, Ruskin, |
| | | |Harkey, |
| | | |Miller, Nielsen, Norby, |
| | | |Skinner, Solorio, |
| | | |Torlakson, Torrico |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Waives open course requirements for California
Community Colleges (CCCs) offered in state correctional
facilities and allows CCCs to receive full funding for Career
Development and College Preparation Courses and credit courses
offered in correctional institutions.
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 : According to the Senate Appropriations
Committee, based on identical legislation in 2009, the General
Fund cost of conversion to the full credit rate would be
$329,000 annually. Additional costs would depend on the number
of full-time equivalent students (FTEs) taking classes in state
correctional facilities and thus eligible for apportionment
funding under this bill. For every 100 FTEs, assuming 50 for
credit and 50 in career development and college preparation
courses, annual General Fund (Proposition 98) costs would
increase by $390,000.
AB 1702
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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.
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
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
AB 1702
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Rehabilitation.
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960
FN: 0004671