BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                       SB 1391|
          |Office of Senate Floor Analyses   |                              |
          |1020 N Street, Suite 524          |                              |
          |(916) 651-1520         Fax: (916) |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 
           
                                           
                                    THIRD READING


          Bill No:  SB 1391
          Author:   Hancock (D)
          Amended:  4/10/14
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  8-0, 4/24/14
          AYES: Liu, Wyland, Block, Galgiani, Hancock, Hueso, Huff,  
            Monning
          NO VOTE RECORDED: Correa

           SENATE PUBLIC SAFETY COMMITTEE  :  6-0, 4/29/14
          AYES:  Hancock, Anderson, Knight, Liu, Mitchell, Steinberg
          NO VOTE RECORDED:  De Le�n

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/23/14
          AYES:  De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg


           SUBJECT  :    Community colleges:  inmate education programs:   
          computation of
                      apportionments

           SOURCE  :     Author


           DIGEST  :    This bill waives the open course requirement for the  
          California Community College (CCC) courses offered in state  
          correctional facilities and allows attendance hours generated by  
          credit courses to be funded at the credit rate, instead of the  
          noncredit funding rate.  In addition, this bill requires the  
          Department of Corrections and Rehabilitation (CDCR) in  
          collaboration with the Chancellor of the CCC to establish the  
                                                                CONTINUED





                                                                    SB 1391
                                                                     Page  
          2

          Innovative Career Technical Education Grant Program (ICTEGP), as  
          specified.

           ANALYSIS  :    Existing law authorizes a CCC district to claim  
          state apportionment (funding) for classes it provides to inmates  
          of any city, county, or city and county jail, road camp, farm  
          for adults, or federal correctional facility (not for inmates in  
          state correctional facilities).  Under existing law the  
          attendance hours generated by these classes, whether credit or  
          noncredit, are counted as noncredit attendance hours for  
          apportionment purposes. 

          Classes provided to inmates of state correctional facilities are  
          not currently authorized for funding.  In addition, no funds  
          provided for inmate education programs can be considered as part  
          of the base revenues for CCC districts in computing  
          apportionments.  

          Courses offered to state correctional inmates must be "distance  
          education" courses open to the public, as well.  Under existing  
          law, CCC courses offered in local and federal correctional  
          facilities that are not open to the public are funded at a  
          "noncredit rate" (which is less than a "for credit rate"), even  
          if the courses are actually for credit.  

          This bill waives the open course requirement  (where courses  
          must be offered to the general public) for CCC courses offered  
          in state correctional facilities and allow attendance hours  
          generated by credit courses to be funded at the credit rate,  
          instead of the noncredit funding rate.  In addition, this bill  
          requires the CDCR in collaboration with the Chancellor of the  
          CCC to establish the ICTEGP, as specified.  Specifically this  
          bill:

          1. Waives open course provisions for any local CCC district that  
             provides classes for inmates in state correctional  
             facilities.

          2. Expands the existing authority of local CCC governing boards  
             to claim full-time equivalent student (FTES) for inmate  
             education programs to include FTES generated in state  
             correctional facilities.

          3. Prohibits the use of the waiver of open course provisions  

                                                                CONTINUED





                                                                    SB 1391
                                                                     Page  
          3

             granted in this bill in any other context or situation.

          4. Authorizes attendance hours generated in CCC courses offered  
             in state, city, county or federal correctional facilities to  
             be funded at either:  (a) the marginal credit rate for credit  
             courses, or (b) the noncredit rate for noncredit courses.  

          5. Deletes the prohibition on the inclusion of funds received  
             for inmate education programs in the base revenue  
             computations for the CCC district apportionments.  

          6. Prohibits CCC from claiming state funding for attendance  
             hours generated in any inmate education class for which the  
             college receives full compensation for its direct education  
             costs or through contract or instructional agreement with  
             another public or private agency, individual or group of  
             individuals, and requires the offset of state aid for partial  
             compensation received from any such source.  

          7. Declares that this bill does not provide a source of funds to  
             shift, supplant or reduce costs incurred by the CDCR in  
             providing inmate education. 

          8. Requires the CDCR, in collaboration with the CCC Chancellor's  
             Office to establish the ICTEGP, as specified.

          9. Specifies the general education and workforce development  
             goals and details regarding the administration of the grant  
             program be included in an interagency agreement between CDCR  
             and the CCC Chancellor's office.  Requires the CDCR and CCC  
             Chancellor's Office to develop metrics for evaluations of the  
             efficacy and success of the grant program.  Requires the  
             evaluation reports be submitted to the Legislature every  
             three years beginning July 2017. 

          10.Requires programs developed to provide, among other things,  
             the following:

             A.    Sequences of courses leading to industry, business, or  
                state certification.

             B.    CCC courses that offer units transferrable to the  
                University of California and the California State  
                University.

                                                                CONTINUED





                                                                    SB 1391
                                                                     Page  
          4


             C.    Information on reentry programs with job search  
                assistance, as specified.

             D.    If applicable, information about preapprentice and  
                state-certified apprenticeship programs with a record of  
                hiring participants of the program with similar education  
                upon their release from incarceration.

          11.Requires an unspecified amount of funding, beginning in  
             2014-15 and annually thereafter, be transferred from the CDCR  
             to the CCC Chancellor's Office for the purposes of the  
             program.  In addition, this bill requires CDCR to provide for  
             up to an unspecified number of grants, with an unspecified  
             number of these grants being awarded for programs offered at  
             a women's correctional facility.

          12.Requires the CDCR, in consultation with the CCC Chancellor's  
             Office, to determine the amount of grant awards, as  
             specified.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No


          According to the Senate Appropriations Committee:


            Conversion to "for credit" rate  .  Potentially substantial new  
            General Fund costs, likely in the high hundreds of thousands  
            of dollars, which will be determined by the number of  
            for-credit courses that will otherwise be funded at the  
            noncredit rate or which will not be offered at all without the  
            funding augmentation. 


            Inclusion of state correctional facilities  .  Potentially  
            significant costs, which will be determined by the extent to  
            which CCC courses expand in state prisons because of the  
            waiver.  The expansion is likely to be mitigated by new course  
            offerings through the ICTEG Program.

            ICTEG Program  .  Approximately $20 million (General Fund)  
            statewide (or about $500,000 - $600,000 per correctional  

                                                                CONTINUED





                                                                    SB 1391
                                                                     Page  
          5

            institution) to establish the program.  Ongoing annual costs  
            of $5 million - $6.5 million (General Fund) statewide (or  
            about $150,000 - $190,000 per correctional institution)  
            depending on the award amounts determined by CDCR and the CCC  
            Chancellor and the availability of funding for this program.   
            The CCC Chancellor's office will incur approximately $110,000  
            - $170,000 in personnel and travel expenses ongoing.

           SUPPORT  :   (Verified  5/23/14)

          Community College League of California
          Friends Committee on Legislation of California
          Kern County Community College District 
          Legal Services For Prisoners With Children
          Los Angeles Community College District
          Los Rios Community College District
          Men and Boys of Color
          Peralta Community College District
          Policylink 
          Rio Hondo Community College Districts
          South Orange County Community College District
          West Kern Community College District
          Yosemite Community College District
          Yuba Community College District


           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          inmate education, both academic and career technical education  
          are key to giving inmates the skills and social support in  
          finding employment upon release from prison.  While some higher  
          education and community organizations provide career skills  
          development opportunities to inmates, fewer collaborations to  
          date have resulted on hands-on sequences of courses leading to  
          industry or state certifications known to be important in  
          seeking subsequent employment.  This bill allows the CCC to  
          collect funds for inmate programs within prisons and work in  
          collaboration with the CDCR.  CCC expertise and faculty  
          connections to workforce networks of employers with a track  
          record of hiring formerly incarcerated men and women are key  
          components to the inmate education proposals within this  
          measure.


          PQ:d  5/25/14   Senate Floor Analyses 

                                                                CONTINUED





                                                                    SB 1391
                                                                     Page  
          6


                           SUPPORT/OPPOSITION:  SEE ABOVE

                                   ****  END  ****









































                                                                CONTINUED