BILL ANALYSIS �
SB 1391
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Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 1391 (Hancock) - As Amended: August 4, 2014
Policy Committee: Higher
EducationVote:12-1
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill allows California Community Colleges (CCCs) to receive
full funding for credit-course instruction offered in
correctional institutions and seeks to expand the offering of
such courses. Specifically, this bill:
1) Waives "open course" provisions for community college
courses offered in state correctional facilities, thus
conforming to current allowances for CCC courses in local
or federal correctional facilities, for which the colleges
receive funding even though the courses are not open to the
general public.
2) Allows attendance hours generated by credit courses at
all correctional facilities to be funded at the
corresponding rates for those types of courses rather than
at the lower, non-credit rate.
3) Prohibits districts from claiming state apportionments
for instruction in correctional facilities if the district
is fully compensated by another entity for the costs of
direct instructional services, and requires districts to
deduct any partial compensation for correctional facility
education from their apportionment.
4) Requires CDCR and the CCC Chancellor's Office, by March
1, 2015, to enter into an interagency agreement to expand
access to courses leading to degrees, certifications, or
transfer to four-year degrees. Courses are to supplement,
not supplant adult education courses offered by CDCR's
Office of Correctional Education.
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5) Requires CDCR and the Chancellor's Office to develop
metrics for evaluating the success of (4) and report their
findings to Legislature and the Governor by July 31, 2018.
FISCAL EFFECT
1)Ongoing General Fund (Prop. 98) cost pressure for converting
qualified existing courses to the full credit rate at local
and federal institutions.
Currently, credit funding per FTES is $4,636, career
development and college preparation course funding is $3,283,
and non-credit funding is $2,788. According to the CCC
Chancellor's Office, in 2006-07 (most recent data available)
districts provided credit courses for 1,769 FTES in local and
federal correctional facilities. The majority (1,588 FTES)
already received full credit funding as distance education
courses open to the public. Under this bill, the remaining
FTES (181) would have received full credit apportionment at a
cost of $335,000.
In addition to the above costs for existing courses, the
higher funding rates could result in increased course
offerings at local and federal facilities, with resulting
state costs.
2)Additional costs would depend on the number of FTEs taking
classes in state correctional facilities. For every 100
for-credit FTEs, annual GF (Prop. 98) costs would increase by
$464,000. Community colleges are limited to enrollment caps
that arguably would make this a zero sum change, but not all
colleges are at their caps, thus expanding access and funding
rates creates enrollment and funding pressure.
3)Costs for CDCR and the CCC to enter into the interagency
agreement should be absorbable. One-time costs to develop
metrics, conduct and evaluation and provide the required
report should not exceed $200,000.
4)To the extent this bill leads to increased education
programming for inmates, the state and local governments could
realize unquantifiable savings associated with decreased
recidivism.
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COMMENTS
1)Purpose . A 2013 study by the Rand Corporation, "Evaluating the
Effectiveness of Correctional Education" noted a common thread
among instructional delivery methods is that programs with
courses taught by college instructors, taught by instructors
external to the correctional facility, and that have a
post-release component can connect inmates both directly and
indirectly with the outside community. In addition, college
instructors and instructors external to the correctional
facility can potentially infuse the program with approaches,
exercises, and standards being used in more traditional
instructional settings. Programs with post-release components
can provide continuity of support that can assist inmates as
they continue on in education and/or enter the workforce in
the months immediately after they are released. This bill
makes two changes regarding inmate education.
Current law prohibits CCCs from claiming state funding for
classes that are not open to the public, however, an exemption
is allowed for inmate education in city, county and federal
correctional facilities, with funding provided at non-credit
rates. State funding under this exemption is not allowed for
CCC classes in state correctional facilities. This bill
extends the open course exemption to CCC classes in state
facilities and allows for funding of credit courses in all
correctional facilities at the higher rate established for
such courses.
2)Related Legislation . The 2014-15 Budget Act includes a $2
million allocation from the Recidivism Reduction Fund for
one-time grants for community colleges to provide coursework
geared toward improving inmates' ability to find employment
upon release.
As passed by this committee in January, AB 1271 (Bonta)
contained almost identical provisions as this bill with regard
to allowing full funding for CCC courses in state correctional
facilities. AB 1271 has been amended in the Senate to address
a different subject.
3)Prior Legislation . In 2011, AB 216 (Swanson), which was
virtually identical to AB 1271, passed the Assembly but was
amended in the Senate to address a different topic. In 2010,
AB 1702 (Swanson) and in 2009, SB 574 (Hancock), also
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virtually identical bills, were both held on Suspense in
Senate Appropriations. In 2008, SB 413 (Scott), also
substantially similar, was vetoed by Governor Schwarzenegger,
who argued that the bill "appears to create inappropriate
fiscal incentives for community colleges, state prisons, local
correctional agencies, and other contracting entities that may
lead to supplanting current funding provided through the
California Department of Corrections and Rehabilitation."
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081