BILL ANALYSIS �
SB 1121
Page 1
SENATE THIRD READING
SB 1121 (Hancock)
As Amended August 16, 2012
Majority vote
SENATE VOTE :39-0
PUBLIC SAFETY 4-0 APPROPRIATIONS 12-5
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|Ayes:|Ammiano, Knight, Hagman, |Ayes:|Fuentes, Blumenfield, |
| |Skinner | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
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SUMMARY : Requires a credentialed teacher, vice principal, or
principal to provide input relating to the academic or vocational
education program placement of an inmate, including, but not limited
to, interviewing the inmate, verifying the inmate's education
records and test score, or being present at meetings relating to the
academic or vocational education program placement.
EXISTING LAW :
1)Requires California Department of Corrections (CDCR) to conduct
assessments of all inmates that include, but are not limited to,
data regarding the inmate's history of substance abuse, medical
and mental health, education, family background, criminal
activity, and social functioning. These assessments shall be used
to place inmates in programs that will aid in their reentry to
society and that will most likely reduce the inmate's chances of
reoffending.
2)Mandates the Director of CDCR to implement in all state prison
literacy programs that are designed to ensure that upon parole
inmates are able to achieve a ninth-grade reading level. CDCR
shall prepare an implementation plan for this program, and shall
request the necessary funds to implement this program as follows:
a) To make the program available to at least 25% of eligible
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inmates in the state prison system by July 1, 1991; and
b) To make the program available to at least 60% of eligible
inmates in the state prison system by January 1, 1996.
3)Authorizes the Director of Corrections to establish and maintain
classes for inmates by utilizing personnel of CDCR, or by entering
into an agreement with the governing board of a school district or
private school or the governing boards of school districts under
which the district shall maintain classes for such inmates. The
governing board of a school district or private school may enter
into such an agreement regardless of whether the institution or
facility at which the classes are to be established and maintained
is within or without the boundaries of the school district.
4)Requires CDCR to determine and implement a system of incentives to
increase inmate participation in, and completion of, academic and
vocational education, consistent with the inmate's educational
needs as identified in the inmate's assessment, including, but not
limited to, a literacy level as specified, a high school diploma
or equivalent, or a particular vocational job skill. These
incentives may be consistent with other incentives provided to
inmates who participate in work programs.
5)Provides that CDCR's inmate classification process shall take into
consideration the inmate's needs, interests and desires, his or
her behavior and placement score in keeping with the CDCR and the
institution's or facility's program and security missions and
public safety. Each determination affecting an inmate's placement
within an institution/facility, transfer between facilities,
program participation, privilege groups, or custody designation
shall be made by a classification committee composed of staff
knowledgeable in the classification process.
FISCAL EFFECT : According to the Assembly Appropriations Committee,
minor absorbable costs, as this requirement essentially reflects
current practice.
COMMENTS : According to the author, "Current practice at the CDCR
allows custodial staff and classification committees to assign
inmates in education programs and does not require participation
from educators. SB 1121 would require a teacher, vice principal, or
principal to provide input relating to the placement of inmates in
academic or vocational education at classification committee
meetings. The bill would allow educators to participate in the
assignment process by interviewing inmates, verifying their
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education records and test scores, or attending the classification
committee meetings.
"In recent years, a decrease in rehabilitation funding, particularly
to the number of teachers and education programs, has made it
extremely important that those who are assessed to have educational
deficiencies or need job training be placed in the most appropriate
programs to meet their needs. However, that has not been the case.
A recent survey of 216 teachers within California's 33 state prisons
indicated problems with mis-assignments and the inability to remove
or add inmates to classes. Teachers, for example, reported long
waiting lists to get into classes while inmates who had been in the
infirmary for over 4 months were still listed in their classes, thus
taking up limited space that could have been given to other
students. In a recent report by the Legislative Analyst Office
(LAO), Refocusing CDCR After the 2011 Realignment, the LAO reported
that the CDCR is not adhering to a number of principles of effective
programming such as risk and needs principles. For example, in
September 2011 the Bureau of State Audits (BSA) found that CDCR is
not always using needs assessments to assign inmates to programs
(The Benefits of Its Correctional Offender Management Profiling for
Alternative Sanctions Program Are Uncertain).
"This bill is an effort to address some of the issues raised by the
LAO and the BSA, and to address a persistent problem that teachers
in the field indicate decreases the effectiveness of rehabilitation
programs. With less overcrowding as a result of the public safety
realignment, there is an opportunity to put in place academic and
vocational education programs that would allow inmates to
successfully reintegrate into society. In that respect, the law
needs to change to allow professionals to help custodial staff make
education placement decisions."
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744 FN:
0004899