BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 1121
Author: Hancock (D)
Amended: 8/16/12
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 4/17/12
AYES: Hancock, Anderson, Calderon, Liu, Price, Steinberg
NO VOTE RECORDED: Harman
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/24/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
SENATE FLOOR : 39-0, 5/29/12
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De Le�n, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman,
Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Simitian, Steinberg, Strickland, Vargas, Walters, Wolk,
Wright, Wyland, Yee
NO VOTE RECORDED: Runner
ASSEMBLY FLOOR : 62-14, 8/20/12 - See last page for vote
SUBJECT : State prison inmate classification:
participation of educators
SOURCE : Service Employees International Union, Local
1000
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DIGEST : This bill provides that a credentialed teacher,
vice principal, or principal shall provide input relating
to the academic or vocational education program placement
of an inmate, as specified.
Assembly Amendments make a technical typographical change.
ANALYSIS : Existing law requires that the Department of
Corrections and Rehabilitation (CDCR) 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. The 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. (Penal Code � 3020)
Existing law provides that the Director of CDCR shall
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 � 2053.4)
Existing law requires that the Director of CDCR shall
implement in every 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:
1. To make the program available to at least 25% of
eligible inmates in the state prison system by July 1,
1991.
2. To make the program available to at least 60% of
eligible inmates in the state prison system by January
1, 1996.
In complying with the requirements of this section, CDCR
shall give strong consideration to computer assisted
training and other innovations which have proven to be
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effective in reducing illiteracy of disadvantaged adults.
(Penal Code � 2053.1)
Existing law provides that the Director of CDCR may
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.
Existing law 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 assessment performed pursuant to Section
3020, including, but not limited to, a literacy level
specified in Section 2053.1, 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. (Penal Code �
2054.2)
Existing law provides that CDCR's inmate classification
process shall take into consideration the inmate's needs,
interests and desires, his/her behavior and placement score
in keeping with the CDCR and institution's/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. (15
Cal. Code of Regs.
� 3375(b), (c))
This bill provides that a credentialed teacher, vice
principal, or principal shall provide input relating to the
academic or vocational education program placement of an
inmate pursuant to Section 3375 of Title 15 of the
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California Code of Regulations, including, but not limited
to, interviewing the inmate, verifying the inmate's
education records and test scores, or being present at
meetings relating to the academic or vocational education
program placement.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, minor,
absorbable costs to the CDCR.
SUPPORT : (Verified 8/21/12)
Service Employees International Union, Local 1000 (source)
California Public Defenders Association
Drug Policy Alliance
ARGUMENTS IN SUPPORT : According to the author:
Current practice at the California Department of
Corrections and Rehabilitation (CDCR) allows custodial
staff and classification committees to assign inmates in
education programs and does not require input from
educators. SB 1121 would instead require a teacher, vice
principal, or principal to be present at classification
committee meetings. Educators would be able to use test
scores and their professional assessment to help place
inmates into classes or suggest removal from classes
based upon the identified educational needs of inmates.
Professionals, who are able to assess real learning
levels and motivation of inmates, have the skills
necessary to help custodial staff assign inmates in
education programs.
A decrease in rehabilitation funding in recent years,
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
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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 emerges a chance 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.
ASSEMBLY FLOOR : 62-14, 08/20/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Cook, Davis, Dickinson, Eng,
Feuer, Fletcher, Fong, Fuentes, Galgiani, Gatto, Gordon,
Hagman, Halderman, Hall, Hayashi, Hill, Huber, Hueso,
Huffman, Knight, Lara, Bonnie Lowenthal, Ma, Mendoza,
Mitchell, Monning, Nestande, Olsen, Pan, Perea, V. Manuel
P�rez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wieckowski, Williams, Yamada,
John A. P�rez
NOES: Donnelly, Beth Gaines, Gorell, Grove, Harkey,
Jeffries, Jones, Logue, Mansoor, Miller, Morrell,
Nielsen, Norby, Wagner
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NO VOTE RECORDED: Conway, Furutani, Garrick, Roger
Hern�ndez
RJG:m 8/21/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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