BILL ANALYSIS Ó
AB 494
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CONCURRENCE IN SENATE AMENDMENTS
AB 494 (V. Manuel Pérez)
As Amended May 21, 2013
Majority vote
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|ASSEMBLY: |76-0 |(April 18, |SENATE: |37-0 |(September 3, |
| | |2013) | | |2013) |
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Original Committee Reference: PUB. S.
SUMMARY : Codifies plans of the Department of Corrections and
Rehabilitation (CDCR) to improve academic programing offered to
inmates in the prison system.
The Senate amendments require that, in addition to those with a
criminogenic need for education, in offering education, the CDCR
will also prioritize inmates who have a need based on their
education level or other factors as determined by the CDCR.
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.
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.
3)Requires CDCR to make the literacy program available to at
least 25% of eligible inmates by July 1, 1991, and at least
60% of eligible inmates by January 1, 1996.
AS PASSED BY THE ASSEMBLY , this bill codified plans of the
Department of Corrections and Rehabilitation (CDCR) to improve
academic programing offered to inmates in the prison system.
Specifically, this bill :
1)Required 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.
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2)Required 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)Required the CDCR to offer college programs through voluntary
education programs.
4)Required the CDCR to give priority in offering academic
programming to those inmates with a criminogenic need for
education.
5)Made specified findings by the Legislature.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : 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
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skills necessary to successfully live in the communities they
return to following their incarceration."
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 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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
FN: 0001291