BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Mark Leno, Chair S
2009-2010 Regular Session B
7
3
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SB 738 (Hancock)
As Introduced February 27, 2009
Hearing date: April 14, 2009
Education and Penal Codes
AA:br
DEPARTMENT OF CORRECTIONS AND REHABILITATION:
EDUCATION
HISTORY
Source: Author
Prior Legislation: AB 1029 (Caballero) - 2008, died on Senate
Appropriations Suspense
SB 404 (Polanco) - 2001, vetoed
SB 1845 (Polanco) - 2000, vetoed
Support: California Catholic Conference; American Federation of
State, County and Municipal Employees (AFSCME);
California Federation of Teachers; California Attorneys
for Criminal Justice; YouthBuild; California Public
Defenders Association (if amended); Friends Committee
on Legislation; ACLU; Little Hoover Commission
Opposition:Taxpayers for Improving Public Safety
NOTE: THIS ANALYSIS REFLECTS AUTHOR'S AMENDMENTS, TO BE
PRESENTED IN COMMITTEE, TO DELETE SECTION (7) IN THIS BILL.
(SEE COMMENT (1).)
KEY ISSUES
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SHOULD AN existing, statutorily required advisory committee for
prison education BE RECAST into a newly created "Robert E.
Burton Correctional Education Committee," with identified
membership, duties and powers, as specified?
(CONTINUED)
SHOULD CERTAIN duties be required to be performed by the Deputy
Director of Correctional Education, in consultation with this newly
CREATED committee, as specified?
SHOULD the existing position in CDCR of Superintendent of
Correctional Education BE CHANGED into a Deputy Director position,
additionally requiring that the Secretary of CDCR make this
appointment from a list of 3-5 recommended candidates submitted by
the newly created committee described above?
should this deputy director be required to "oversee and administer"
all prison education programs in conjunction with this newly created
committee, as specified?
PURPOSE
The purpose of this bill is to 1) recast the existing,
statutorily required advisory committee for prison education
into a newly created "Robert E. Burton Correctional Education
Committee," with identified membership, duties and powers, as
specified; 2) require certain duties to be performed by the
Deputy Director of Correctional Education, in consultation with
this newly created committee, as specified; 3) revise the
position of Superintendent of Correctional Education into a
Deputy Director position, requiring that the Secretary of CDCR
make this appointment from a list of 3-5 recommended candidates
submitted by the newly created committee described above; and 4)
require that this deputy director oversee and administer all
prison education programs in conjunction with this newly-created
committee, as specified.
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Overview of Existing Law - Educational Programming in the
California Department of Corrections and Rehabilitation
Current law creates in state government the Department of
Corrections and Rehabilitation ("CDCR"), headed by a secretary
who is appointed by the Governor, subject to Senate
confirmation, and serves at the pleasure of the Governor. CDCR
consists of Adult Operations, Adult Programs, Juvenile Justice,
the Corrections Standards Authority, the Board of Parole
Hearings, the State Commission on Juvenile Justice, the Prison
Industry Authority, and the Prison Industry Board. (Government
Code 12838 (a).)
Under existing law , the Legislature finds and declares that the
purpose of imprisonment for crime is punishment. (Penal Code
1170.)
Under existing law , the Legislature finds and declares that
there is a correlation between prisoners who are functionally
literate and those who successfully reintegrate into society
upon release. It was the intent of the Legislature in enacting
"The Prisoner Literacy Act" to raise the percentage of prisoners
who are functionally literate in order to provide for a
corresponding reduction in the recidivism rate. (Penal Code
2053.)
Existing law requires the secretary of CDCR to implement a
literacy education program in each state prison designed to
ensure that upon parole, inmates are able to read at a
ninth-grade reading level. (Penal Code 2053.1.) The
secretary may also establish and maintain classes for the
education of inmates. (Penal Code 2054.)
Existing law establishes the position of Superintendent of
Correctional Education to oversee and administer all prison
education programs. The Superintendent shall set both short-and
long-term goals for inmate literacy and testing and establish
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priorities for prison education programs.
Existing law requires that the Superintendent of Correctional
Education shall be appointed by the Secretary of CDCR. (Penal
Code 2053.4.)
Correctional Education; Addition of Statutory Duties
Existing law authorizes CDCR, the chancellors of the California
State University and Community Colleges systems, and the
Superintendent of Public Instruction, with the advice of the
California Postsecondary Education Commission, to enter into
interagency agreements " to encourage greater involvement of
educational institutions in planning and developing prison-based
educational programs . . ." (Education Code 32500 (a).)
Existing law requires that these agreements provide for, but not
be limited to, all of the following:
(1) A determination of the roles of these
entities in developing policy for prison-based
educational programs.
(2) Joint policy and program planning.
(Id.)
This bill would make technical corrections to these provisions.
Current law requires the CDCR Secretary, and the above-stated
post-secondary education leaders to "appoint an advisory
committee to do, but not be limited to doing, all of the
following:
(1) Making recommendations on the use of
instructional television in these programs.
(2) Reviewing and making recommendations relating
to any proposed budgets for these programs.
(3) Reviewing and making recommendations relating
to the implementation of the interagency agreement."
(Education Code 32500 (b).)
This bill would delete this provision's reference to "an
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advisory committee," and replace it with the requirement of
appointment of members to the "Robert E. Burton Correctional
Education Committee," as specified and as created by this bill.
(See discussion, infra.)
This bill would add the following new duties for this committee:
Adopt and enforce all necessary rules and regulations
for the management and operation of education programs
within CDCR, including operating procedures and the goals
of correctional education, as specified, providing that all
rules or regulations adopted by the committee shall be in
accordance with the rules and regulations of CDCR "relating
to security and any applicable rules or regulations adopted
by the Superintendent of Public Instruction."
Approve education programs of appropriate levels and
types in correctional institutions and adopt rules and
regulations for the admission of inmate students to these
education programs.
Enter into agreements with public or private school
districts, community colleges, colleges, or universities,
and other entities, as appropriate, for the purpose of
carrying out the duties and responsibilities of the Deputy
Director of Correctional Education, as specified.
Visit and inspect the correctional schools, as the
committee deems necessary, and name each correctional
school if necessary.
This bill additionally would make technical corrections to the
provisions of this subdivision.
This bill would require the Deputy Director of Correctional
Education, "in consultation with the committee and in
conjunction with parole and other aftercare programs and
consistent with the policies adopted by the Deputy Director of
Correctional Education, in consultation with the committee, to
develop and implement a plan for providing transitional
educational services for inmates, including, but not limited to,
counseling and placement services."
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This bill would require the Deputy Director of Correctional
Education, in consultation with the committee, to develop a plan
and make every reasonable effort to accomplish all of the
following:
(1) Conduct annual reviews of program cost-effectiveness
and make recommendations, including, but not limited to,
improvement of programs to lower recidivism, consolidation
of administrative functions to lower costs, and ways to
reduce operational costs.
(2) Provide educational opportunities to inmates while in
prison and in state-operated transitional facilities and
programs, as specified.
(3) Provide each inmate who has a reasonable expectation
of release from custody with the opportunity to achieve
functional literacy, specifically the ability to read and
write the English language and to perform routine
mathematical functions at a 9th grade level before his or
her release or expiration of sentence, providing
additionally that if "the inmate demonstrates the
intellectual capacity to benefit from those opportunities,
the committee shall provide that inmate with the opportunity
to obtain the equivalent of a high school diploma."
(4) Provide every inmate who has a reasonable expectation
of release from custody with the opportunity to achieve
entry-level vocational skills in occupational fields in
which there is a demonstrable demand within the economy of
this state.
(5) Provide every inmate to be released from custody with
life management skills and social adaptation skills to allow
the inmate to function successfully in society.
(6) Provide inmates who demonstrate college-level academic
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capacity with the opportunity to engage in college-level
academic programs within correctional facilities, providing
that the "associated costs of these programs shall be borne
by the inmate or generated by private or foundation funding,
subject to evaluations for cost-effectiveness and
recommendations," as specified.
This bill would make technical corrections to the existing
subdivision in this section providing that "(n)otwithstanding
the other provisions of this section, the Secretary of the
Department of Corrections and Rehabilitation shall administer
all prison-based education programs."
Establishment of Robert E. Burton Correctional Education
Committee
This bill would establish in CDCR the "Robert E. Burton
Correctional Education Committee," with the following features
and requirements:
Composition; Terms; Reimbursement; Meetings
This bill would require that this Committee be composed of 15
members selected as follows:
1. The Superintendent of Public Instruction or his or her
designee. Any designee selected by the Superintendent shall
have an interest and expertise in the area of adult
education or correctional education.
2. An institutional supervisor of correctional education
programs from CDCR appointed by the Secretary of CDCR
(hereinafter, "the Secretary").
3. A representative of the Prison Industry Authority
appointed by the Secretary.
4. A warden of a state prison appointed by the Secretary.
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5. A vocational instructor from CDCR appointed by the
Secretary.
6. An academic teacher from CDCR appointed by the Senate
Committee on Rules.
7. One public member not employed by a state agency
appointed by the Senate Committee on Rules.
8. A prison rights advocate appointed by the Speaker of the
Assembly.
9. One public member not employed by a state agency
appointed by the Speaker of the Assembly.
10. A representative of the University of California
appointed by the President of the University of California.
11. A representative of the California State University
appointed by the Chancellor of the California State
University.
12. A representative of the California Community Colleges
appointed by the Chancellor of the California Community
Colleges.
13. A special education teacher from CDCR appointed by the
Secretary for Education.
14. One public member not employed by a state agency
appointed by the Governor.
15. A representative of the Division of Apprenticeship
Standards of the Department of Industrial Relations appointed
by the Director of Industrial Relations.
This bill would provide for four-year terms, as specified, and
would provide that members would serve without compensation
except for per diem reimbursement.
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This bill would require members of the committee to elect a
chairperson annually, who would be required to "meet regularly
with the Secretary . . . to ensure that all actions taken by the
committee are in accordance with (CDCR's) rules and regulations
relating to security."
This bill would require the committee to meet at least six times
each year, as specified.
Duties
This bill would require that the committee advise the Deputy
Director of Correctional Education regarding all of the
following goals and objectives:
Ensure that correctional education programs meet
minimum performance standards and provide 9th grade
literacy skills and marketable vocational skills.
Develop by January 1, 2012, in cooperation with the
State Department of Education, a procedure to evaluate
the effectiveness of correctional education programs, as
specified, with biennial evaluations thereafter.
Ensure that all education staff are certified in
accordance with the State Department of Education's
standards by January 1, 2012, as specified.
Ensure that in performing educational services, the
members of the education staff do not perform peace
officer duties.
Ensure that educational staff adhere to institutional
security standards and maintain safety status to continue
the institutional security and protection of the public
safety.
Develop a procedure for maintaining a list of
substitute teachers so that students are not displaced if
a regular instructor is absent for any reason.
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Develop a mechanism to test all offenders committed to
CDCR for academic achievement unless the offenders are
specifically excluded from the testing requirement by
CDCR policy, providing that standards shall be in
accordance with State Department of Education's testing
standards for academic achievement.
Develop a five-year comprehensive plan for a unified
correctional school system by June 1, 2012, as specified,
with a three-year phase-in schedule and including each of
the following:
(1) Work with the Prison Industry
Authority to develop training programs for
inmates.
(2) Develop measurable objectives for
correctional education.
(3) Develop quality control mechanisms
for correctional education.
(4) Integrate academic education and
vocational education with participation in
prison industry programs.
Ensure that vocational education programs complement
existing Prison Industry Authority programs whenever
possible.
In conjunction with CDCR, determine conditions under
which an inmate may be removed from an education program
or the classroom, as specified.
Conduct a survey of all correctional institutions to
identify inmates with special education needs and develop
a plan for addressing those special needs.
Develop and implement an ongoing teacher training
program in correctional education in conjunction with the
Commission on Teacher Credentialing.
0
Reporting
This bill would require the committee to submit a report to the
Legislature on or before January 1, 2012, with recommendations
for further restructuring of correctional education in this
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state.
This bill would require that the report focus on, but not be
limited to, each of the following:
Attaining parallel education programs between
correctional education and public education.
Correctional education governance system.
Funding sources.
Correctional education curriculum.
Correctional library standards.
Correctional education teacher training.
Appropriate correctional education liaisons with the
greater educational community in this state.
CDCR Structure: Education
Current law requires the secretary of CDCR to "appoint a
Superintendent of Correctional Education, who shall oversee and
administer all prison education programs. The Superintendent of
Correctional Education shall set both short-term and long-term
goals for inmate literacy and testing, and shall establish
priorities for prison education programs." (Penal Code
2043.4.)
This bill would revise this language to provide for a "deputy
director" of correctional education instead of a
"superintendent."
This bill would require the secretary to "make the appointment
from a list of at least three and no more than five recommended
candidates that the Robert E. Burton Correctional Education
Committee shall submit to the Secretary for this purpose."
This bill would require the deputy director of correctional
education to report directly to the Secretary, to oversee and
administer all prison education programs, and to establish the
goals noted above "in conjunction with the Robert E. Burton
Correctional Education Committee."
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This bill also would make technical corrections to this
language.
Additional Non-Codified Language
This bill provides that its provisions do "not authorize the
expansion or enhancement of correctional education programs and
shall be implemented with existing funds that are allocated for
prison education. Funding for purposes of this act is subject
to the annual budget process."
This bill contains specified legislative findings and
declarations concerning prison education, as specified.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION IMPLICATIONS
California continues to face a severe prison overcrowding
crisis. The Department of Corrections and Rehabilitation (CDCR)
currently has about 170,000 inmates under its jurisdiction. Due
to a lack of traditional housing space available, the department
houses roughly 15,000 inmates in gyms and dayrooms.
California's prison population has increased by 125% (an average
of 4% annually) over the past 20 years, growing from 76,000
inmates to 171,000 inmates, far outpacing the state's population
growth rate for the age cohort with the highest risk of
incarceration.<1>
In December of 2006 plaintiffs in two federal lawsuits against
CDCR sought a court-ordered limit on the prison population
pursuant to the federal Prison Litigation Reform Act. On
February 9, 2009, the three-judge federal court panel issued a
tentative ruling that included the following conclusions with
respect to overcrowding:
---------------------------
<1> "Between 1987 and 2007, California's population of ages 15
through 44 - the age cohort with the highest risk for
incarceration - grew by an average of less than 1% annually,
which is a pace much slower than the growth in prison
admissions." (2009-2010 Budget Analysis Series, Judicial and
Criminal Justice, Legislative Analyst's Office (January 30,
2009).)
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No party contests that California's prisons are
overcrowded, however measured, and whether considered
in comparison to prisons in other states or jails
within this state. There are simply too many
prisoners for the existing capacity. The Governor,
the principal defendant, declared a state of emergency
in 2006 because of the "severe overcrowding" in
California's prisons, which has caused "substantial
risk to the health and safety of the men and women who
work inside these prisons and the inmates housed in
them." . . . A state appellate court upheld the
Governor's proclamation, holding that the evidence
supported the existence of conditions of "extreme
peril to the safety of persons and property."
(citation omitted) The Governor's declaration of the
state of emergency remains in effect to this day.
. . . the evidence is compelling that there is no
relief other than a prisoner release order that will
remedy the unconstitutional prison conditions.
. . .
Although the evidence may be less than perfectly
clear, it appears to the Court that in order to
alleviate the constitutional violations California's
inmate population must be reduced to at most 120% to
145% of design capacity, with some institutions or
clinical programs at or below 100%. We caution the
parties, however, that these are not firm figures and
that the Court reserves the right - until its final
ruling - to determine that a higher or lower figure is
appropriate in general or in particular types of
facilities.
. . .
Under the PLRA, any prisoner release order that we
issue will be narrowly drawn, extend no further than
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necessary to correct the violation of constitutional
rights, and be the least intrusive means necessary to
correct the violation of those rights. For this
reason, it is our present intention to adopt an order
requiring the State to develop a plan to reduce the
prison population to 120% or 145% of the prison's
design capacity (or somewhere in between) within a
period of two or three years.<2>
The final outcome of the panel's tentative decision, as well as
any appeal that may be in response to the panel's final
decision, is unknown at the time of this writing.
This bill does not appear to aggravate the prison overcrowding
crisis outlined above.
COMMENTS
1. Author's Amendments
The author intends to amend this bill in Committee to delete
section (7) of the bill.
The author also will make a technical change, to replace the
term "Education and Inmate Program Unit" to "Office of
Correctional Education" at line 4 of page 8 of the bill as
introduced.
2. Stated Need for This Bill
The author states that, "(t)here is a connection between
literacy and criminality. Basic education needs to be provided
to inmates in order to reduce recidivism rates."
---------------------------
<2> Three Judge Court Tentative Ruling, Coleman v.
Schwarzenegger, Plata v. Schwarzenegger, in the United States
District Courts for the Eastern District of California and the
Northern District of California United States District Court
composed of three judges pursuant to Section 2284, Title 28
United States Code (Feb. 9, 2009).
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3. What This Bill Would Do
As described in detail above, this bill essentially would enact
a number of statutory provisions directing the development and
operation of educational programming in CDCR, including the
following key provisions:
replace an existing education advisory committee with
a more substantive committee comprised of 15
non-compensated members appointed by both the executive
and legislative branches, and statutorily tasked with
specified duties and reporting requirements;
Statutorily require the head of correctional
education at CDCR - under this bill, a "Deputy Director
of Correctional Education" - to perform specified,
detailed duties; and
Statutorily require that the deputy director of
correctional education oversee and administer all prison
education programs in conjunction with the new education
committee proposed by this bill.
4. Inmate Education; Recent Observations and Recommendations by
the Legislative Analyst's Office
On March 10th of this year, this Committee conducted an
informational hearing jointly with the Assembly Committee on
Public Safety regarding inmate education. In its presentation
to the Committees, the Legislative Analyst's Office provided the
following observations about shortcomings of CDCR's inmate
education programming:
Many Inmates Cannot Get an Education Assignment
The CDCR core academic and vocational
training programs reach only a small segment of
the inmate population who could benefit from
them.
Research has shown that California
compares poorly with the rest of the nation in
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providing education programs to "high-need"
inmates.
Enrolled Inmates Frequently Do Not Get to Class
On average 43 percent of all enrolled
inmates were in class each day in 2006-07.
Factors that contribute to low
attendance rates include (1) lockdowns, (2)
staffing vacancies, and (3) the state's process
for allocating funding for education programs
based on expected attendance rather than actual
attendance.
Limited Incentives for Inmate Participation and
Rehabilitation
While most inmates in education
programs earn "day for day" credits, other
prison programs offer greater benefits in terms
of sentence reduction or pay.
Poor Case Management of Offenders
Inmates are assigned to education
programs on a first-come, first-served basis,
resulting in some inmates not being assigned to
the most appropriate program.
No centralized case management database
for inmate education programs.
Lack of Program Evaluation Limits Effectiveness
The CDCR is unable to identify program
outcomes such as grade level advancements,
program completion rates, and impacts on parole
outcomes.<3>
-------------------------
<3> Reforming Inmate Education to Improve Public Safety
(Legislative Analyst's Office, March 10, 2009.)
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To address these shortcomings, LAO has made the following
recommendations "to improve performance, outcomes and
accountability":
Fund Programs Based on Actual Attendance, Not
Enrollment. Provide funding for inmate education
programs based on a formula tied to inmate attendance,
similar to average daily attendance formulas used in
K-12 schools.
Develop Incentives for Inmate Participation.
Encourage inmates to participate in education programs
such as by (1) providing a higher work release credit
rate, (2) linking the pay scale for inmate jobs to
educational attainment, and (3) giving program
participants better housing assignments.
Fill Teacher Vacancies. Allow CDCR to hire teachers
with emergency permits and continue utilizing
substitute teachers to cover teacher vacancies.
Reduce Negative Impact of Lockdowns on Prisons.
Direct CDCR to reevaluate its policies that bar
inmates from attending education and other programs
even when they were not involved in the incident that
caused a lockdown.
Develop Inmate Case Management System. Direct CDCR to
improve its case management of inmates in the
education system and develop policies to better ensure
that the right inmates are assigned to the right
programs.
Base Funding Decisions on Program Assessments.
Utilize data on the effectiveness of education
programs in determining how to best target limited
state resources for the greatest benefit.<4>
These observations and recommendations follow a 2008 LAO report
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<4> Id.
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regarding prison education programs. That report noted in part:
Each year, more than 120,000 California state
prisoners are released back into society after serving
their prison sentences. As part of its mission, the
California Department of Corrections and
Rehabilitation (CDCR) provides a number of services to
prison inmates that are intended to improve their
likelihood of leading a productive, crime-free life
upon release to the community. One such service is
education. Various studies show that correctional
education potentially offers many benefits and, when
good programs are implemented, can offer benefits that
more than offset their costs.
. . .
Several statutes govern the provision of CDCR
education programs and make such rehabilitation
programs a part of the department's mission. For
example, California Penal Code 2053, enacted in the
late 1980s, states the intent of the Legislature "to
raise the percentage of prisoners who are functionally
literate, in order to provide for a corresponding
reduction in the recidivism rate." To accomplish this
objective, state law requires that the department have
a statewide education plan and that every state prison
provide literacy programs designed to ensure that
inmates achieve a ninth grade reading level before
they are paroled.
In 2005, the Legislature and Governor enacted Chapter
10, (SB 737, Romero), which reorganized and
consolidated state correctional departments. One
purpose of this reorganization was to increase the
importance of rehabilitation programming, including
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education programs, within the department. The
reorganization attempted to achieve this by
emphasizing rehabilitation as part of the department's
mission.
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More recently, the Legislature adopted Chapter 7,
Statutes of 2007 (AB 900, Solorio), which requires
CDCR to implement a number of improvements to
rehabilitation programs generally, and to inmate
education programs specifically. Among other changes,
Chapter 7 includes requirements to increase inmate
education participation rates, reduce teacher
vacancies, and conduct risk and needs assessments of
inmates sent to prison.<5>
WOULD THIS BILL IMPROVE EDUCATION PROGRAMMING IN CALIFORNIA'S
PRISONS?
WOULD THIS BILL ENHANCE PUBLIC SAFETY?
WOULD THIS BILL ESTABLISH AN IMPROVED FRAMEWORK FOR ADDRESSING
THE DEFICIENCIES IN PRISON EDUCATION PROGRAMMING NOTED BY LAO
AND OTHERS?
5. Opposition
Taxpayers for Improving Public Safety, which opposes this bill,
argues in part:
(This bill) creates a new bureaucracy for issues
already being addressed by the California
Rehabilitation Oversight Board . . . and fails to take
into consideration the access problems of inmates to
education in prison.
. . . this legislation fails to address and resolve
the single greatest hurdle, the inability of prisons
to maintain and provide access with any consistency to
education. . . .
---------------------------
<5> From Cellblocks to Classrooms: Reforming Inmate Education
to Improve Public Safety, Legislative Analyst's Office (February
2008).
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6. AB 900; Pending Plans and Efforts Regarding Educational
Programming at CDCR
Existing law, as amended by AB 900 (Solorio) (Ch. 7, Stats.
2007), includes a number of provisions with respect to
education programming in California prisons. For example,
Penal Code Section 2062 requires CDCR to develop and implement
"a plan to obtain additional rehabilitation and treatment
services for prison inmates and parolees," as specified. Penal
Code Section 3020 requires CDCR to conduct assessments of all
inmates that include the inmate's education history, to "aid in
their reentry to society and that will most likely reduce the
inmate's chances of reoffending."
Penal Code Section 3105 requires CDCR to develop an "Inmate
Treatment and Prison-to-Employment Plan" which 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. The
department shall report the status of the development of the
plan on or before October 1, 2007, again on or before January
15, 2008, and shall submit the final plan by April 1, 2008. The
department may use resources of other state or local agencies,
academic institutions, and other research organizations as
necessary to develop the plan."
Finally, as enacted by AB 900, Penal Code Section 6141 requires
that the California Rehabilitation Oversight Board "meet at
least quarterly, and shall regularly examine the various mental
health, substance abuse, educational, and employment programs
for inmates and parolees operated by the Department of
Corrections and Rehabilitation."
HOW WOULD THE REQUIREMENTS OF THIS BILL COORDINATE WITH THE
PRESENT EFFORTS AND PLANS OF CDCR TO IMPROVE ITS ACADEMIC AND
VOCATIONAL EDUCATION PROGRAMMING?
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