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AB-1219 Prison education reform.(2003-2004)

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AB1219:v97#DOCUMENT

Passed  IN  Senate  September 04, 2003
Passed  IN  Assembly  September 08, 2003
Corrected  September 18, 2003

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 1219

Introduced  by  Assembly Member Montanez
 (Coauthor(s): Assembly Member Dymally, Koretz, Laird, Longville, Mullin, Oropeza, Steinberg)
 (Coauthor(s): Senator Karnette, Romero, Soto, Vasconcellos)

February 21, 2003

An act to add Chapter 10.8 (commencing with Section 6500) to Title 7 of Part 3 of, and to repeal Section 2053.4 of, the Penal Code, relating to prison education reform.


LEGISLATIVE COUNSEL'S DIGEST


AB 1219, Montanez. Prison education reform.
Existing law establishes the position of Superintendent of Correctional Education.
This bill, the Prison Education Reform Act, would repeal those provisions. The bill would establish the Robert E. Burton Correctional Education Board within the Department of Corrections. The board would be composed of 15 members, appointed as specified. The bill would require the board, among other duties and responsibilities, to approve education programs in correctional institutions and adopt rules and regulations for the admission of inmate students to these programs.
This bill would require the board to provide every inmate who has a reasonable expectation of release, as specified, with the opportunity to achieve a specified level of functional literacy, among other educational benefits, and an opportunity to obtain the equivalent of a high school education if the inmate has demonstrated the intellectual capacity to benefit from that additional education. The board would also be required by the bill to provide college-level academic programs, as specified.
The bill would require the board to appoint a Superintendent of Correctional Education who would serve at the discretion of the board with the responsibility, among other things, to ensure that correctional education programs meet minimum performance standards and provide 9th grade literacy skills and marketable vocational skills, as specified.
This bill would additionally require the board to submit a report to the Legislature on or before January 1, 2006, with recommendations for further restructuring of correctional education in this state and focusing on, among other items, attaining parallel education structures between correctional and public education, funding sources, and correctional education curriculum.

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The Budget Act of 2003 recognizes fiscal savings derived from the effective implementation of prison education and vocational programs.
(b) More than 20 states have established an independent correctional educational district 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. 1.3.

 Section 2053.4 of the Penal Code is repealed.

SEC. 2.

 Chapter 10.8 (commencing with Section 6500) is added to Title 7 of Part 3 of the Penal Code, to read:
CHAPTER  10.8. Robert E.Burton Correctional Education Board

6500.
 This act shall be known, and may be cited as, the Prison Education Reform Act.

6501.
 There is hereby established in the Department of Corrections the Robert E. Burton Correctional Education Board. As used in this chapter, “board” means the Robert E. Burton Correctional Education Board.

6502.
 (a) The board 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 or correctional education.
(2) An institutional supervisor of correctional education programs from the Department of Corrections appointed by the Director of Corrections.
(3) A representative of the Prison Industry Authority appointed by the Director of Corrections.
(4) A warden of a state prison appointed by the Director of Corrections.
(5) A vocational instructor from the Department of Corrections appointed by the Director of Corrections.
(6) An academic teacher from the Department of Corrections 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 appointed by the Secretary for Education.
(14) One public member not employed by a state agency appointed by the Governor.
(15) A representative from the State Department of Labor, Division of Apprenticeship Standards appointed by the Labor Commissioner.
(b) 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 board shall expire as follows:
(1) The members selected under paragraphs (1), (2), (5), and (15) of subdivision (a) shall expire on March 15, 2006.
(2) The members selected under paragraphs (4), (6), and (8) of subdivision (a) shall expire on March 15, 2007.
(3) The members selected under paragraphs (3), (10), (11), and (12) of subdivision (a) shall expire on March 15, 2008.
(4) The members selected under paragraphs (7), (9), (13), and (14) of subdivision (a) shall expire on March 15, 2009.
Successor members shall hold office for terms to commence on the expiration date of the term of the predecessor.
(c) Members of the board 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 board. Any costs incurred by the board shall be offset by a reduction in the current education program administrative staff, either Education and Inmate Program Unit administrative staff at Central Office or site principals.
(d) The members of the board shall elect a chairperson of the board annually. The chairperson shall meet regularly with the Director of Corrections to ensure that all actions taken by the board are in accordance with Department of Corrections rules and regulations relating to security.
(e) The board shall meet at least six times each year. The meetings may be called by the chairperson of the board.
(f) In addition to funds allocated pursuant to subdivision (e) of Section 6503, the board may receive funds from any public or private source and is authorized to apply for any state or federal grants or funds that may be available.

6503.
 The board shall do each of the following:
(a) Adopt and enforce all necessary rules and regulations for the management and operation of education programs within the Department of Corrections including operating procedures and the goals of correctional education in compliance with 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 board shall be in accordance with the rules and regulations of the Department of Corrections relating to security and any applicable rules or regulations adopted by the Superintendent of Public Instruction.
(b) Approve education programs of the appropriate levels and types in the correctional institutions and adopt rules and regulations for the admission of inmate students to these educational programs.
(c) Enter into agreements with public or private school districts, entities, community colleges, colleges, or universities, as appropriate, for the purpose of carrying out the duties and responsibilities of the board. All agreements and contracts for instructional services shall expressly prescribe the qualifications of the board’s expectations for instructors and the educational objectives to be met. In the identification and provision of special education services, the board 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 board or their designee consistent with civil service regulations. No work currently being performed by state employees shall be assigned to contract employees.
(d) In conjunction with parole and other aftercare programs and consistent with the policies adopted by the board, develop and implement a plan for providing transitional educational services for inmates, including, but not limited to, counseling and placement services.
(e) Prepare that portion of the budget request of the Department of Corrections for correctional education programs subject to review by the Director of Corrections. The budget allocation shall appear as a separate line item in the annual budget for the Department of Corrections. After the annual Budget Bill has been passed by the Legislature and signed by the Governor, no funds appropriated by that Budget Bill for correctional education programs may be redistributed or diverted for other purposes without the approval of two-thirds of the entire board. Until the 2005–06 budget year, the budget for education programs shall remain at no less than the level appropriated by the Legislature for the 2003–04 budget. Prior to development of the 2005–06 budget, the board, in cooperation with the Department of Corrections and the Department of Finance, shall determine the cost savings, if any, produced by education expenditure in the prior two budget years. These cost savings shall be allocated to enhance the education program budget for fiscal year 2005–06 if needed. Similarly, a portion of program savings in subsequent years may be allocated to enhance education programs, as needed.
(f) 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.
(g) Provide each of the educational opportunities set forth in paragraphs (1) to (4), inclusive, to inmates while in prison and in state-operated transitional facilities and programs.
(1) Provide every 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 ninth grade level prior to his or her release or expiration of sentence. If the inmate has demonstrated the intellectual capacity to benefit therefrom, the board shall provide that inmate with the opportunity to obtain the equivalent of a high school education.
(2) 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.
(3) 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.
(4) 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 subdivision (f).
(g) Visit and inspect correctional schools as the board deems necessary and may name each correctional school if necessary.

6504.
 There is hereby established the position of Superintendent of Correctional Education who shall be appointed by the board and shall serve at the pleasure of the board. The Superintendent of Correctional Education shall meet the same qualifications as required of a school district superintendent. The superintendent shall do each of the following:
(a) Ensure that correctional education programs meet minimum performance standards and provide ninth grade literacy skills and marketable vocational skills.
(b) In cooperation with the State Department of Education, develop a procedure by January 1, 2005, 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 standards by January 1, 2006. Provision shall be made for the development of individual plans, approved by the director, in the event any current education staff member does not qualify for certification. In lieu 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 in the event 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 for academic achievement unless the offenders are specifically excluded from the testing requirement by board policy. Standards shall be in accordance with acceptable State Department of Education testing standards for academic achievement.
(f) Develop a five-year comprehensive plan for a unified correctional school system by June 1, 2006. This unified school system shall not constitute a school district nor any other local educational agency. The plan shall have a three-year phase-in schedule and shall require the superintendent to do each of the following:
(1) Work with the Prison Industry Authority to develop training programs for offenders.
(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 industries programs.
(g) Be responsible to the board for all academic education and vocational training programs.
(h) Ensure that vocational education programs complement existing Prison Industry Authority programs whenever possible.
(i) In conjunction with the Department of Corrections, 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 as well as any federal laws.
(j) Conduct a survey of all correctional institutions to identify inmates with special education needs and develop a plan whereby those special needs are addressed.
(k) Develop and implement an ongoing teacher training program in correctional education in conjunction with the Commission on Teacher Credentialing.
(l) Make recommendations to the board concerning the budget, selection of instructional materials, and curriculum.
(m) Take responsibility for performing any duties that the board may otherwise assign.

6505.
 The board shall submit a report to the Legislature on or before January 1, 2006, 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 and public education.
(b) Correctional education governance system.
(c) Funding sources.
(d) Correctional education curriculum.
(e) Correctional library standards.
(f) Correctional teacher training.
(g) Appropriate correctional education liaisons with the greater educational community in this state.