BILL ANALYSIS                                                                                                                                                                                                    







                      SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Mark Leno, Chair                S
                             2009-2010 Regular Session               B

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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  


          ---------------------------
          <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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