BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: SB 738
AUTHOR: Hancock
AMENDED: April 22, 2009
FISCAL COMM: Yes HEARING DATE: April 29, 2009
URGENCY: No CONSULTANT:Kathleen Chavira
SUBJECT : Prison Inmate Education
SUMMARY
This bill establishes the Prison Education Reform Act and
expands the involvement of the University of California
(UC), California State University (CSU), California
Community Colleges (CCC) and Superintendent of Public
Instruction (SPI) in prison-based educational programs.
BACKGROUND
Current law establishes the position of Superintendent of
Correctional Education to oversee and administer all prison
education programs and requires this individual be
appointed by the Secretary of the California Department of
Corrections and Rehabilitation.
Current law authorizes the Director of Corrections, the
Chancellors of the CSU and CCC, and the Superintendent of
Public Instruction (SPI), 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. The interagency
agreements are required to provide for a determination of
the roles of these entities in developing policy for
prison-based educational programs and joint policy and
program planning.
Current law also requires the Director of Corrections, and
the specified post-secondary education leaders to appoint
an advisory committee to do, but not be limited to doing,
all of the following:
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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.
Current law requires the Director of Corrections to
administer all prison-based education programs.
ANALYSIS
This bill establishes the Prison Education Reform Act and,
among other things, expands the involvement of the
University of California (UC), California State University
(CSU), California Community Colleges (CCC) and
Superintendent of Public Instruction (SPI) in prison-based
educational programs. Specifically it:
1) Recasts an existing, statutorily required advisory
committee for prison education appointed by the
chancellors of the CCC and the CSU and the SPI into a
newly created "Robert E. Burton Correctional Education
Committee," with specified membership, duties and
powers.
2) Expands the current responsibilities of the Deputy
Director of Correction Education (DDCE). More
specifically, the DDCE, in consultation with the
Robert E. Burton Correctional Education Committee is
required to:
a) Adopt and enforce all rules and
regulations for management and operation of
education programs within the Department of
Corrections and Rehabilitation, as specified.
b) Approve education programs within
correctional institutions, as specified, and
adopt rules and regulations for inmate admission
to these programs.
c) Enter into agreements with public
or private school districts, community colleges,
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colleges, or universities, and other appropriate
entities to carry out the duties and
responsibilities of the DDCE, and requires all
agreements and contracts for instructional
service to comply with specified requirements.
d) Visit and inspect correctional
schools, develop and implement a plan for
providing transitional educational services for
inmates, conduct annual reviews of program
cost-effectiveness and make recommendations, as
specified, and provide specified educational
opportunities to inmates.
3) Requires that the recast Robert E. Burton Correctional
Education Committee be comprised of 15 members that
include, among others, the SPI or his or her designee,
a UC representative appointed by the President of the
UC, a CSU representative appointed by the Chancellor
of the CSU, a CCC representative appointed by the
Chancellor of the CCC and a special education teacher
appointed from the Department of Corrections and
Rehabilitation appointed by the Secretary for
Education, and requires that the committee meet at
least six times per year.
4) Requires the Robert E. Burton Correctional Education
Committee, to advise the Deputy Director of Correction
Education (DDCE) regarding the following goals and
objectives:
a) Ensure that all correctional
education programs meet minimum performance
standards and provide 9th grade literacy and
marketable vocational skills.
b) Develop, in cooperation with the
California Department of Education, a procedure
to evaluate the effectiveness of correctional
education programs, as specified, and ensure that
all education staff are certified in accordance
with CDE standards and as specified, by January
1, 2012.
c) Develop a five-year comprehensive
plan for a unified correctional school system
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(the bill specifically provides that the unified
school system does not constitute a school
district or any other local educational agency),
as specified, by June 1, 2012.
d) Develop and implement an ongoing
teacher-training program in conjunction with the
Commission on Teacher Credentialing.
e) Various other goals and
objectives, as specified.
5) Requires the Robert E. Burton Correctional Education
Committee to submit a report to the Legislature
recommending any further restructuring of correctional
education by January 1, 2012.
6) Makes a number of technical and conforming changes.
STAFF COMMENTS
1) Double-referred . This bill was previously heard and
passed by a vote of 5-2 in the Senate Public Safety
Committee. Although the bill's provisions affect the
Department of Corrections and Rehabilitation, as well
as other state agencies, for purposes of this
Committee, the analysis focuses upon the provisions
affecting the educational entities.
2) Further clarification . This bill changes an existing
position in the California Department of Corrections
and Rehabilitation (CDCR) of Superintendent of
Correctional Education to the Deputy Director of
Correctional Education (DDCE), and authorizes the
Secretary of the CDCR to make this appointment from a
list of 3-5 recommended candidates submitted by the
Robert E. Burton Correctional Education Committee,
which the bill creates.
According to the author, there is a connection between
literacy and criminality. Basic education needs to be
provided to inmates in order to reduce recidivism
rates. Existing law provides for an advisory
committee which has no ability to implement programs.
This bill would require the DDCE to "oversee and
administer" all prison education programs and perform
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other specified duties in consultation with the newly
created committee which is required to include
representation from the SPI, UC, CSU, CCC and a
special education teacher appointed by the Secretary
for Education. The Committee also includes
representation from the Department of Corrections and
Rehabilitation, the Department of Industrial
Relations, public members appointed by the Senate,
Assembly, and Governor, and prison rights advocates,
for a total of 15 members.
3) Prior legislation . This bill is nearly identical to
AB 1914 (Montanez, 2004). AB 1914 was vetoed by the
Governor whose veto message read in pertinent part:
CDC's Director has an existing Advisory Committee on
Correctional Education, which includes representatives
of the Superintendent of Public Instruction, and the
Chancellors of both the California State University
system and the California Community Colleges system.
This bill would replace the existing committee with
the 15-member Correctional Education Committee
appointed by 12 different appointing authorities,
hampering the Directors ability to improve and expand
education programs.
SUPPORT
Friends Committee on Legislation (FCL)
Little Hoover Commission
California Attorneys for Criminal Justice and YouthBuild
American Civil Liberties Union
California Federation of Teachers
California Catholic Conference
American Federation of State, County, and Municipal
Employees (AFSCME)
OPPOSITION
Taxpayers for Improving Public Safety