Bill Text: CA SB738 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prison inmate education.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB738 Detail]

Download: California-2009-SB738-Introduced.html

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BILL NUMBER: SB 738	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hancock

                        FEBRUARY 27, 2009

   An act to amend Sections 32500 and 84810.5 of, and to add Sections
32501, 32502, and 32503 to, the Education Code, and to amend Section
2053.4 of the Penal Code, relating to inmate education.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 738, as introduced, Hancock. Prison inmate education.
   (1) Existing law requires the Secretary of the Department of
Corrections and Rehabilitation, the Chancellor of the California
State University, the Chancellor of the California Community
Colleges, and the Superintendent of Public Instruction to enter into
interagency agreements in order to encourage greater involvement of
educational institutions in planning and developing prison-based
educational programs, and to appoint an advisory committee to
accomplish various purposes. Existing law requires the Secretary of
the Department of Corrections and Rehabilitation to appoint a
Superintendent of Correctional Education to oversee all prison
education programs.
   This bill, the Prison Education Reform Act, would instead require
those officers to appoint members to the Robert E. Burton
Correctional Education Committee. The bill would rename the position
of the Superintendent of Correctional Education as the Deputy
Director of Correctional Education, who would be required to perform
specified duties in consultation with the committee, including the
adoption and enforcement of all necessary rules and regulations for
the management and operation of education programs within the
Department of Corrections and Rehabilitation, approval of education
programs in correctional institutions, and the adoption of rules and
regulations for the admission of inmate students to those education
programs.
   (2) The bill would establish the Robert E. Burton Correctional
Education Committee in the Department of Corrections and
Rehabilitation, which would be composed of 15 members, as specified.
The committee would be required to advise the Deputy Director of
Correctional Education regarding various goals and objectives,
including the development of a 5-year comprehensive plan for a
unified correctional school system by June 1, 2012, and to submit a
report to the Legislature on or before January 1, 2012, on specified
matters relating to correctional education in this state.
   (3) Existing law provides that, notwithstanding open course
provisions in statute or regulations of the Board of Governors of the
California Community Colleges, the governing board of a community
college district that provides classes for inmates of certain
facilities, including a federal correctional facility, may include
the units of full-time equivalent students generated in those classes
for purposes of state apportionments.
   This bill would instead require the open course provisions in
statute or regulations of the board of governors to be waived for any
governing board of a community college district that provides those
classes for inmates, including inmates of state correctional
facilities, and would authorize the board of governors to include the
units of full-time equivalent students generated in those classes
for purposes of state apportionments.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known, and may be cited, as the
Prison Education Reform Act.
  SEC. 2.  The Legislature finds and declares all of the following:
   (a) The Budget Act of 2008 recognizes fiscal savings derived from
the effective implementation of prison education and vocational
programs.
   (b) More than 20 states have established independent correctional
educational districts and have found that this change in the
structure of educational and vocational services reduces recidivism
significantly.
   (c) A correctional system that reduces prison education programs
to an insignificant level and focuses solely on the custodial
functions creates an unbalanced situation for the long-term stability
of the criminal justice system. With this emphasis, prison growth is
inevitable. The current structure of California's prison education
system undervalues education and is hostile to rehabilitation. As a
consequence, inmates will leave prison worse off than when they were
first incarcerated.
   (d) The undermining of correctional education is often falsely
justified on the grounds of security, but it is an artificial
security. A majority of those in prison will eventually be released
and therefore the state has an obligation to prepare them to be
contributing members of society. Current correctional education
policies endanger public safety by failing to provide inmates with a
means to take positive control of their environment, both within
prison and after release.
   (e) As the prison education system fails, parole crime increases,
recidivism increases, and prison populations swell. Commensurately,
the need for additional correctional resources increases. During
economic downturns, when the state faces enormous fiscal pressures,
increased correctional costs come at the expense of other critically
needed programs.
   (f) A comprehensive correctional educational program is an
efficient use of state funds as it will allow tens of thousands of
former inmates to become productive citizens.
  SEC. 3.  Section 32500 of the Education Code is amended to read:
   32500.  (a) In order to encourage greater involvement of
educational institutions in planning and developing prison-based
educational programs, the  Director of Corrections 
 Secretary of the Department of Corrections and Rehabilitation
 , the Chancellor of the California State  University
and Colleges,   University,  the Chancellor of the
California Community Colleges, and the Superintendent of Public
Instruction, with the advice of the California Postsecondary
Education Commission, shall enter into interagency agreements.
 Such   These  agreements shall provide
for, but not be limited to,  all   both  of
the following:
   (1) A determination of the roles of the Department of Corrections
 and Rehabilitation  , the office of the Chancellor of the
California State  University and Colleges,  
University,  the office of the Chancellor of the California
Community Colleges, and the  State  Department of Education,
in developing policy for prison-based educational programs.
   (2) Joint policy and program planning.
   (b) The  Director of Corrections   Secretary
of the Department of Corrections and Rehabilitation  , the
Chancellor of the California State  University and Colleges,
  University, the Chancellor of the California
Community Colleges, and the Superintendent of Public Instruction
shall appoint  an advisory committee to do, but not be
limited to doing, all of the following:   members to the
  Robert E. Burton Correctional Education Committee as
specified in Section 32501.  
   (c) The Deputy Director of Correctional Education, in consultation
with the committee, shall perform all of the following duties: 

   (1)  Making   Make   
recommendations on the use of instructional television in these
programs.
   (2)  Reviewing   Review  and 
making   make  recommendations relating to any
proposed budgets for these programs.
   (3)  Reviewing  Review  and 
making   make  recommendations relating to the
implementation of the interagency agreement. 
   (4) Adopt and enforce all necessary rules and regulations for the
management and operation of education programs within the Department
of Corrections and Rehabilitation, including operating procedures and
the goals of correctional education, in compliance with the
rulemaking provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code). All rules or regulations adopted by the
committee shall be in accordance with the rules and regulations of
the Department of Corrections and Rehabilitation relating to security
and any applicable rules or regulations adopted by the
Superintendent of Public Instruction.  
   (5) Approve education programs of appropriate levels and types in
correctional institutions and adopt rules and regulations for the
admission of inmate students to these education programs.  
   (6) Enter into agreements with public or private school districts,
community colleges, colleges, or universities, and other entities,
as appropriate, for the purpose of carrying out the duties and
responsibilities of the Deputy Director of Correctional Education.
All agreements and contracts for instructional services shall
expressly prescribe the qualifications and expectations for
instructors and the educational objectives to be met. In the
identification and provision of special education services, the
Deputy Director of Correctional Education, in consultation with the
committee, shall establish all appropriate interagency agreements
with service providers. All hiring decisions and other personnel
matters with respect to correctional education programs shall be made
by the Deputy Director of Correctional Education or his or her
designee, in consultation with the committee, consistent with civil
service regulations. Work performed by state employees as of January
1, 2010, shall not be assigned to contract employees. 
   (7) Visit and inspect the correctional schools, as the committee
deems necessary, and name each correctional school if necessary.
 
   (d) The Deputy Director of Correctional Education, in consultation
with the committee and in conjunction with parole and other
aftercare programs and consistent with the policies adopted by the
Deputy Director of Correctional Education, in consultation with the
committee, shall develop and implement a plan for providing
transitional educational services for inmates, including, but not
limited to, counseling and placement services.  
   (e) The Deputy Director of Correctional Education, in consultation
with the committee, shall develop a plan and make every reasonable
effort to accomplish all of the following:  
   (1) Conduct annual reviews of program cost-effectiveness and make
recommendations, including, but not limited to, improvement of
programs to lower recidivism, consolidation of administrative
functions to lower costs, and ways to reduce operational costs. 

   (2) Provide each of the educational opportunities set forth in
paragraphs (3) to (6), inclusive, to inmates while in prison and in
state-operated transitional facilities and programs.  
   (3) Provide each inmate who has a reasonable expectation of
release from custody with the opportunity to achieve functional
literacy, specifically the ability to read and write the English
language and to perform routine mathematical functions at a 9th grade
level before his or her release or expiration of sentence. If the
inmate demonstrates the intellectual capacity to benefit from those
opportunities, the committee shall provide that inmate with the
opportunity to obtain the equivalent of a high school diploma. 

   (4) Provide every inmate who has a reasonable expectation of
release from custody with the opportunity to achieve entry-level
vocational skills in occupational fields in which there is a
demonstrable demand within the economy of this state.  
   (5) Provide every inmate to be released from custody with life
management skills and social adaptation skills to allow the inmate to
function successfully in society.  
   (6) Provide inmates who demonstrate college-level academic
capacity with the opportunity to engage in college-level academic
programs within correctional facilities. The associated costs of
these programs shall be borne by the inmate or generated by private
or foundation funding, subject to evaluations for cost-effectiveness
and recommendations as provided in paragraph (1).  
   (c) 
    (f)  Notwithstanding the other provisions of this
section, the  Director of Corrections  
Secretary   of the Department of Corrections and
Rehabilitation  shall administer all prison-based education
programs.
  SEC. 4.  Section 32501 is added to the Education Code, to read:
   32501.  (a) There is hereby established in the Department of
Corrections and Rehabilitation the Robert E. Burton Correctional
Education Committee. As used in this Part, "committee" means the
Robert E. Burton Correctional Education Committee.
   (b) The committee shall be composed of 15 members selected as
follows:
   (1) The Superintendent of Public Instruction or his or her
designee. Any designee selected by the Superintendent shall have an
interest and expertise in the area of adult education or correctional
education.
   (2) An institutional supervisor of correctional education programs
from the Department of Corrections and Rehabilitation appointed by
the Secretary of the Department of Corrections and Rehabilitation.
   (3) A representative of the Prison Industry Authority appointed by
the Secretary of the Department of Corrections and Rehabilitation.
   (4) A warden of a state prison appointed by the Secretary of the
Department of Corrections and Rehabilitation.
   (5) A vocational instructor from the Department of Corrections and
Rehabilitation appointed by the Secretary of the Department of
Corrections and Rehabilitation.
   (6) An academic teacher from the Department of Corrections and
Rehabilitation appointed by the Senate Committee on Rules.
   (7) One public member not employed by a state agency appointed by
the Senate Committee on Rules.
   (8) A prison rights advocate appointed by the Speaker of the
Assembly.
   (9) One public member not employed by a state agency appointed by
the Speaker of the Assembly.
   (10) A representative of the University of California appointed by
the President of the University of California.
   (11) A representative of the California State University appointed
by the Chancellor of the California State University.
   (12) A representative of the California Community Colleges
appointed by the Chancellor of the California Community Colleges.
   (13) A special education teacher from the Department of
Corrections and Rehabilitation appointed by the Secretary for
Education.
   (14) One public member not employed by a state agency appointed by
the Governor.
   (15) A representative of the Division of Apprenticeship Standards
of the Department of Industrial Relations appointed by the Director
of Industrial Relations.
   (c) (1) Except for the terms of initial members, members shall be
appointed for terms of four years. If a vacancy occurs, the
appointing authority, as specified in subdivision (a), shall appoint
a member for the remainder of that term. The terms of the initial
members of the committee shall expire as follows:
   (A) The members selected under paragraphs (1), (2), (5), and (15)
of subdivision (a) shall expire on March 15, 2012.
   (B) The members selected under paragraphs (4), (6), and (8) of
subdivision (a) shall expire on March 15, 2013.
   (C) The members selected under paragraphs (3), (10), (11), and
(12) of subdivision (a) shall expire on March 15, 2014.
   (D) The members selected under paragraphs (7), (9), (13), and (14)
of subdivision (a) shall expire on March 15, 2015.
   (2) Successor members shall hold office for terms to commence on
the expiration date of the term of the predecessor.
   (d) Members of the committee shall serve without compensation but
shall be reimbursed for per diem and travel expenses incurred in the
performance of their duties. Members employed by state agencies shall
receive their normal state salaries while serving on the committee.
Costs incurred by the committee shall be offset by a reduction in the
current prison education program administrative staff, either
Education and Inmate Program Unit administrative staff at the Central
Office or site principals.
   (e) The members of the committee shall elect a chairperson
annually. The chairperson shall meet regularly with the Secretary of
the Department of Corrections and Rehabilitation to ensure that all
actions taken by the committee are in accordance with Department of
Corrections and Rehabilitation's rules and regulations relating to
security.
   (f) The committee shall meet at least six times each year. The
meetings may be called by the chairperson of the committee.
  SEC. 5.  Section 32502 is added to the Education Code, to read:
   32502.  The committee shall advise the Deputy Director of
Correctional Education regarding all of the following goals and
objectives:
   (a) Ensure that correctional education programs meet minimum
performance standards and provide 9th grade literacy skills and
marketable vocational skills.
   (b) Develop by January 1, 2012, in cooperation with the State
Department of Education, a procedure to evaluate the effectiveness of
correctional education programs, including criteria similar to those
utilized by the State Department of Education. An evaluation shall
be done on a biennial basis thereafter.
   (c) (1) Ensure that all education staff are certified in
accordance with the State Department of Education's standards by
January 1, 2012. Provision shall be made for the development of
individual plans, approved by the Deputy Director of Correctional
Education, if a current education staff member does not qualify for
certification. Instead of certification, correctional librarians
shall hold a master's degree in library science from a library
program accredited by the American Library Association.
   (2) Ensure that in performing educational services, the members of
the education staff do not perform peace officer duties.
   (3) Ensure that educational staff adhere to institutional security
standards and maintain safety status to continue the institutional
security and protection of the public safety.
   (d) Develop a procedure for maintaining a list of substitute
teachers so that students are not displaced if a regular instructor
is absent for any reason.
   (e) Develop a mechanism to test all offenders committed to the
custody of the Department of Corrections and Rehabilitation for
academic achievement unless the offenders are specifically excluded
from the testing requirement by the Department of Corrections and
Rehabilitation's policy. Standards shall be in accordance with State
Department of Education's testing standards for academic achievement.

   (f) Develop a five-year comprehensive plan for a unified
correctional school system by June 1, 2012. This unified correctional
school system shall not constitute a school district or any other
local educational agency. The plan shall have a three-year phase-in
schedule and shall do each of the following:
   (1) Work with the Prison Industry Authority to develop training
programs for inmates.
   (2) Develop measurable objectives for correctional education.
   (3) Develop quality control mechanisms for correctional education.

   (4) Integrate academic education and vocational education with
participation in prison industry programs.
   (g) Ensure that vocational education programs complement existing
Prison Industry Authority programs whenever possible.
   (h) In conjunction with the Department of Corrections and
Rehabilitation, determine conditions under which an inmate may be
removed from an education program or the classroom. The conditions
developed for removal of an inmate from an education program or the
classroom shall be consistent with any regulations or policies of the
Department of Corrections and Rehabilitation as well as any federal
laws.
   (i) Conduct a survey of all correctional institutions to identify
inmates with special education needs and develop a plan for
addressing those special needs.
   (j) Develop and implement an ongoing teacher training program in
correctional education in conjunction with the Commission on Teacher
Credentialing.
  SEC. 6.  Section 32503 is added to the Education Code, to read:
   32503.  The committee shall submit a report to the Legislature on
or before January 1, 2012, with recommendations for further
restructuring of correctional education in this state. The report
shall focus on, but not be limited to, each of the following:
   (a) Attaining parallel education programs between correctional
education and public education.
   (b) Correctional education governance system.
   (c) Funding sources.
   (d) Correctional education curriculum.
   (e) Correctional library standards.
   (f) Correctional education teacher training.
   (g) Appropriate correctional education liaisons with the greater
educational community in this state.
  SEC. 7.  Section 84810.5 of the Education Code is amended to read:
   84810.5.  (a)  Notwithstanding open   (1)
    Open  course provisions in statute or
regulations of the board of governors  , the  
shall be waived for any  governing board of a community college
district that provides classes for inmates of any city, county, or
city and county jail, road camp, farm for adults, or  state or
 federal correctional facility  . This section does not
authorize the waiver of open course provisions in any context or
situation other than those that are specifically authorized by this
section. Subject to limitations set forth in subdivision (b), the
board of governors  may include the units of full-time
equivalent  student   students  (FTES)
generated in those classes for purposes of state 
apportionment   apportionments  .  The

    (2)     The  attendance hours
generated by credit  or noncredit shall be added and counted
for apportionment purposes as noncredit attendance hours 
 courses shall be funded at the marginal credit rate determined
pursuant to paragraph (2) of subdivision (d) of Section 84750.5. The
attendance hours generated by noncredit courses shall be funded at
the noncredit rate  . 
   (b) Notwithstanding any other provision of law, no funds for
inmate education programs provided pursuant to this section shall be
considered as part of the base revenues for community college
districts in computing apportionments as prescribed in regulations of
the board of governors. When computing apportionments for districts
that provided inmate education programs in the 1994-95 fiscal year,
the student workload measures generated and revenues received for
that year shall be added to their noncredit base revenue and
noncredit base workload measures for the following year. 

   (b) (1) A community college district shall not claim, for purposes
of state apportionments under this section, any class to which
either of the following applies:  
   (A) The district receives full compensation for its direct
education costs for the conduct of the class from any public or
private agency, individual, or group of individuals.  
   (B) The district has a contract or instructional agreement, or
both, for the conduct of the class with a public or private agency,
individual, or group of individuals that has received from another
source full compensation for the costs the district incurs under that
contract or instructional agreement.  
   (2) In reporting a claim for apportionment to the Chancellor of
the California Community Colleges under this section, the district
shall report any partial compensation it receives from the sources
described in subparagraphs (A) and (B) of paragraph (1) during the
period for which the claim is made. The chancellor shall subtract the
amount of any partial compensation received from the total
apportionment to be paid.  
   (c) This section does not provide a source of funds to shift,
supplant, or reduce the costs incurred by the Department of
Corrections and Rehabilitations in providing inmate education
programs. 
  SEC. 8.  Section 2053.4 of the Penal Code is amended to read:
   2053.4.  The  Director   Secretary  of
 the Department of  Corrections  and Rehabilitation
 shall appoint a  Superintendent   Deputy
Director  of Correctional Education, who shall  report
directly to him or her and shall  oversee and administer all
prison education programs  in conjunction with the Robert E.
Burton Correctional Education Committee  . The 
Superintendent of Correctional Education   Secretary of
the Department of Corrections and Rehabilitation shall make the
appointment from a list of at least three and no more than five
recommended candidates that the Robert E. Burton Correctional
Education Committee shall submit to the secretary for this purpose.
The Deputy Director of Correctional Education, in conjunction with
the Robert E. Burton Correctional Education Committee,  shall
set both short-term and long-term goals for inmate literacy and
testing, and shall establish priorities for prison education
programs.
  SEC. 9.  This act does not authorize the expansion or enhancement
of correctional education programs and shall be implemented with
existing funds that are allocated for prison education. Funding for
purposes of this act is subject to the annual budget process.