BILL ANALYSIS Ó
AB 494
Page 1
Date of Hearing: April 2, 2013
Counsel: Shaun Naidu
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 494 (V. Manuel Pérez) - As Amended: April 1, 2013
SUMMARY : Codifies plans of the Department of Corrections and
Rehabilitation (CDCR) to improve academic programing offered to
inmates in the prison system. Specifically, this bill :
1)Requires the CDCR to offer academic programming throughout an
inmate's incarceration and that the academic programming
offered focuses on increasing inmates' reading ability to at
least a ninth-grade level.
2)Requires the CDCR to focus on helping inmates who read at a
ninth-grade level or higher in obtaining a general education
development (GED) certificate or high school diploma.
3)Requires the CDCR to offer college programs through voluntary
education programs.
4)Requires the CDCR to give priority in offering academic
programming to those inmates with a criminogenic need for
education.
5)Makes specified findings by the Legislature.
EXISTING LAW :
1)States that the Legislature finds and declares that there is a
correlation between prisoners who are functionally literate
and those who successfully reintegrate into society upon
release. [Penal Code Section 2053(a).]
2)Requires CDCR to implement in every state prison literacy
programs that are designed to ensure that inmates are able to
read at a ninth-grade level upon parole. (Penal Code Section
2053.1.)
3)Requires CDCR to make the literacy program available to at
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least 25% of eligible inmates by July 1, 1991 and at least 60%
of eligible inmates by January 1, 1996. (Penal Code Section
2053.1.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "In 1986, San
Diego Legislator Larry Sterling authored legislation to set
standards for inmates who were enrolled in academic classes
while they were incarcerated within the state prison system.
The standard set was 60% of inmates would upon parole, be able
to read at a ninth grade level by 1996. Twenty- seven years
later, according to the department, 23-30% of inmates read
below the third grade level, 68% above the seventh grade level
and 52% above the ninth grade level.
"According to the California Department of Education, the 1996
high school graduation rate among California high school
students was 66.3%. The graduation rate has continued on a
slow upwards trend over the past 16 years. By 2012, the high
school graduation rate has climbed to 76.3%.
"This legislation updates antiquated law. As amended, it
would provide a template for success based upon the
Department's own Blueprint. The bill would set some basic
standards for the use of education program dollars that are
already in the budget. This is an area of the law that needs
to be revisited and updated given the growing need for an
educated workforce. Studies continue to show a correlation
between a decrease in recidivism as education level increases.
Setting standards to increase the literacy levels of inmates
who parole will save money by ensuring that those who leave
prison will have the skills necessary to successfully live in
the communities they return to following their incarceration."
2)Effectiveness of the Prison Educational System as Implemented :
According to the Legislative Analyst's Office, as of 2008,
"the current set of CDCR education programs reach only a small
segment of the inmate population who could benefit from them.
The CDCR now enrolls about 54,000 inmates in education
programs for a system with 173,000 inmates, and barely
one-half of those-27,000 inmates-are in the core traditional
academic vocational training programs ? most likely to improve
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the educational attainment of inmates and thus their
employability upon their release." [Legislative Analyst's
Office, From Cellblocks to Classrooms: Reforming Education to
Improve Public Safety (February 2008) p. 11.]
CDCR, however, states that the decline of state prison inmate
populations due to criminal justice realignment "has provided
the opportunity to increase access and improve its
rehabilitative programs, which will significantly lower
California's recidivism rate." [CDCR, The Future of
California Corrections (2012) In-Prison Rehabilitative
Programs, p. 21.]
3)Argument in Support : According to the Service Employees
International Union, Local 1000 , "This legislation would
provide a template for success based upon the Department's
'The Future of California Corrections, Blueprint.'
"A memo dated October 4th, 2012, from CDCR states:
Providing inmates an opportunity to receive an
education is the first step toward preparing them for
success upon return to our communities. Therefore, in
keeping with CDCR's commitment to inmate
rehabilitation, the minimum requirement of an inmate
achieving a Test of Adult Basic Education (TABE) of
9.0 will no longer be acceptable. Inmates will now be
required to participate in academic education
programming until they fulfill the requirements to
earn a General Education Development (GED) or high
school diploma.
"The literacy goal in current law conflicts with the
realization that inmates leaving prison with a 9th grade
education will have a difficult time of finding employment
when they return to their communities. While the goals set in
the Blueprint reflect the need for achieving a high school
education or its equivalent, current law does not."
4)Prior Legislation : AB 900 (Solorio), Chapter 7, Statutes of
2007, among other things, implemented requirements to increase
to inmate education participation rates, reduce teacher
vacancies, and conduct risk and needs assessments of inmates
sent to prison.
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REGISTERED SUPPORT / OPPOSITION :
Support
Service Employees International Union, Local 1000 (Sponsor)
American Civil Liberties Union
California Public Defenders Association
Legal Services for Prisoners with Children
National Association of Social Workers, California Chapter
Opposition
None
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744