BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 1121 (Hancock) - Inmate classification: participation of
educators.
Amended: April 9, 2012 Policy Vote: Public Safety 6-0
Urgency: No Mandate: No
Hearing Date: April 30, 2012
Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: SB 1121 would require the presence of a
credentialed teacher, vice principal, or principal at all
meetings relating to the academic or vocational education
program placement of an inmate, as specified. This bill would
make attendance at these meetings part of the assigned duties of
a credentialed teacher, vice principal, or principal who is
employed by the Department of Corrections and Rehabilitation
(CDCR) and who assigns inmates to programs.
Fiscal Impact:
Ongoing CDCR staffing costs of $111,000 (General Fund) per
additional position required to ensure the attendance of
educational staff at all classification hearings.
Alternatively, the redirection of existing staff resources
from the classroom and other duties would also incur costs
in overtime and reductions in the provision of programming.
To the extent the participation of educators in
classification meetings results in the improved placement of
inmates into more appropriate and timely programming, CDCR
could incur potentially significant future costs savings
(General Fund) in reduced incarceration through increased
sentencing credits earned, reduced recidivism, and
successful reentry of individuals into their communities.
Background: Current law requires the CDCR to conduct an
assessment of each inmate that includes data regarding the
inmate's system of substance abuse, medical and mental health,
education, family background, criminal activity, and social
functioning. The assessment is to be used to place the inmate in
programs that will aid his/her reentry to society and that will
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most likely reduce the inmate's chances of re-offending.
Each determination affecting an inmate's placement within an
institution, transfer between institutions, program
participation, or custody designation is to be made by a
classification committee composed of staff knowledgeable in the
classification process. According to CDCR, an Initial
Classification Committee (ICC) evaluates an inmate's case
factors within 14 days of arrival and initiates an education,
vocational training, or work program. At least annually, a Unit
Classification Committee (UCC) evaluates each inmate's case to
consider their program.
Under current practice, CDCR indicates the ICC and UCC are
generally comprised of a facility captain, correctional
counselors, educational or vocational representative, inmate
assignment representative, and other staff as required. However,
the formal job duties of the educational representative do not
include participation in classification committee hearings.
Consequently, teachers asked to participate would be required to
redirect time otherwise spent in the classroom or participate in
hearings on their own time.
The CDCR provides a variety of rehabilitation programs to
inmates, including academic and vocational education and
substance abuse treatment. Recent budget reductions include a
one-time $101 million reduction in 2011-12 to inmate and parolee
rehabilitation programs. A recent Legislative Analyst's Office
(LAO) report noted that CDCR does not always use needs
assessments to assign inmates to programs and recommended that
additional rehabilitation funding be withheld until the CDCR
provides a plan with how it will match programs to the
population remaining after realignment. CDCR's recently released
plan, "The Future of California Corrections: A Blueprint to Save
Billions of Dollars, End Federal Oversight, and Improve the
Prison System," reflects the department's intent to increase the
percentage of inmates served in rehabilitation programs to 70
percent of the target population and adds 159 academic teachers
and 98 vocational instructors over a two-year period.
Proposed Law: This bill would require the presence of a
credentialed teacher, vice principal, or principal at all
classification committee hearings relating to the academic or
vocational education program placement of an inmate pursuant to
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inmate classification regulations (Section 3375 of Title 15,
California Code of Regulations). This bill would further provide
that attendance at these hearings shall be made part of the
assigned duties of these three specified CDCR educational
positions who assign inmates to programs.
Prior Legislation: AB 900 (Solorio) Chapter 7/2007, authorized
approximately $7.7 billion for a broad package of prison
construction and rehabilitation initiatives in order to reduce
significant overcrowding in the state prisons. Anti-recidivism
and rehabilitation efforts included requiring individualized
program needs assessments for all inmates at reception, as well
as implementation of a system of incentives designed to increase
participation in education programs and encourage inmates to
complete educational goals.
Staff Comments: CDCR has indicated 33 principals, 44 academic
vice principals, and 13 vocational vice principals (90 positions
total) currently attend classification committee hearings.
Classification hearings are usually held weekly at each
institution, with each inmate seen no less than annually,
subject to program completion or removal. CDCR estimates between
50 and 75 percent of current hearings have an educational
representative present. In order to have an educational
representative at each hearing, CDCR indicates it is likely that
new positions would be required. In order to staff the 25 to 50
percent of hearings that are currently not being covered, CDCR
estimates staff needs of 15 to 30 teachers may be required at a
cost of $1.7 million to $3.3 million annually ($111,000 per
position). Given the weekly frequency of meetings, it is unknown
if the additional duties prescribed in the bill would warrant an
additional full time position at each institution, however, it
is likely some number of new positions would be required, as
well as the redirection of existing staff at some facilities in
order for an educational representative to be present at every
classification hearing.
To the extent the mandatory attendance of educational
representatives results in more appropriate and timely
placements of inmates in educational and vocational programs,
improved outcomes for inmates and future cost savings in
local/state incarceration due to reduced recidivism could
potentially be realized.
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