BILL ANALYSIS �
AB 216
Page 1
Date of Hearing: March 15, 2011
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Marty Block, Chair
AB 216 (Swanson) - As Introduced: January 31, 2011
SUBJECT : Community colleges: inmate education programs:
computation of apportionments.
SUMMARY : Allows California Community Colleges (CCC) to receive
full funding for 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, hours generated
by non-credit instruction be funded at the non-credit rate,
and hours generated by instruction in career development and
college preparation funded at the established rate.
3)Prohibits CCC 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
authored in 2010, 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
AB 216
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equivalent students (FTES) that would take classes at a state
correctional facility. For every 100 credit FTES authorized
under this provision, state costs would increase by $456,000.
However, the author notes that the goal of this bill is to,
through education, reduce recidivism rates. The author argues
that General Fund savings results from reduced recidivism rates,
noting that, in 1997 the Correctional Education Association
conducted a study that showed that "simply attending school
behind bars reduces the likelihood of re-incarceration by 29%.
Translated into savings, every dollar spent on education
returned more than two dollars to the citizens in reduced prison
costs."
COMMENTS : Purpose of this bill : According to the author, this
bill seeks to address the extraordinary difficulty that the
formerly incarcerated face upon release, due to a lack of
education and job skills. The author argues that existing law
creates disincentives for CCCs to offer credit courses and
career development courses in state prisons by not reimbursing
them at the rate appropriate with the type of course offered.
The author argues that the research is clear that inmates who
receive educational opportunities are much less likely to
recidivate, saving the state millions of dollars per year.
Background : Credit funding per FTES is currently $4,564.82, and
non-credit funding per FTES is $2,744.95. 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 (181 FTES) would now receive full
credit apportionment.
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. 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,
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vocational, substance abuse and other programs for inmates and
parolees. According to the CDCR Office of Correctional
Education, academic courses through the 12th grade are available
at 32 institutions, and 15 different vocational trades are
taught within CDCR facilities.
CCC course offering priorities : Ongoing budget shortfalls and
resulting General Fund reductions combined with increased
student demand in part due to unemployment and the overall
economic slowdown has left CCCs unable to provide course
offerings to fully meet student needs. According to CCC
Chancellor Jack Scott, approximately 140,000 students have been
turned away from CCCs, over 95% of all classes are at capacity,
and estimated 10,000-15,000 students are on wait lists for
courses. CCC reductions proposed in the 2011-12 Budget will
mean an anticipated 350,000 students will be turned away next
year. In recent years the Legislature has directed CCC in
implementing budget reductions to prioritize transfer, basic
skills, and career technical education courses. The goal of
this legislation is to encourage CCC course offerings for
inmates. The Committee may wish to consider if encouraging
inmate education is consistent with the Legislature's priorities
for CCC course offerings.
Prior Legislation : AB 1702 (Swanson) of 2010 and SB 574
(Hancock) of 2009 were both identical to this bill. Both bills
were held in the Senate Appropriations Committee. SB 413
(Scott, 2008), virtually identical to this bill, was vetoed by
the Governor.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees,
AFL-CIO
Community College League of California
Faculty Association of California Community Colleges
Kern Community College District
Los Angeles Community College District
Peralta Community College District
Rio Hondo Community College District
San Jose-Evergreen Community College District
West Kern Community College District
AB 216
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Opposition
None on File
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960