California Assembly Bill AB1239 Amended / Bill

 BILL NUMBER: AB 1239AMENDED BILL TEXT AMENDED IN ASSEMBLY JANUARY 25, 2010 AMENDED IN ASSEMBLY JANUARY 4, 2010 INTRODUCED BY Assembly Member Solorio FEBRUARY 27, 2009 An act to add Section  2054.3   2062.5  to the Penal Code, relating to prisoners. LEGISLATIVE COUNSEL'S DIGEST AB 1239, as amended, Solorio. Prisoners: prison education programs. Existing law establishes various prison education programs.  Existing law requires the Department of Corrections and Rehabilitation to determine and implement a system of incentives to increase inmate participation in, and completion of, academic and vocational education, as specified. Existing law requires the department to develop and implement a plan to obtain additional rehabilitation and treatment services for prison inmates and parolees.   This bill would require that the Department of Corrections and Rehabilitation implement any funding adjustments to inmate academic and vocational education programs consistent with specified requirements, including, among others, that the department shall prioritize the preservation of programs that are effective at reducing recidivism and that the department shall seek to place inmates and parolees into programs for which they are best suited, as specified. The bill would require the department to annually report to the Joint Legislative Budget Committee specified information regarding inmate participation in, and completion of, academic and vocational education programs.   This bill would require that funding for those programs be based not on the total prison population, but on the number of prisoners requiring those programs, as determined by assessments, as specified.  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.   Section 2062.5 is added to the   Penal Code   , to read:   2062.5. (a) The Department of Corrections and Rehabilitation shall implement any funding adjustments to inmate academic and vocational education programs consistent with all of the following: (1) The department shall prioritize the preservation of programs that are effective at reducing recidivism based on evidence in studies of the programs operated by the department or in the national literature. (2) The department shall seek to achieve savings through more efficient operations in the delivery of these programs and shall take into account cost avoidance for the state. (3) The department shall seek to place inmates and parolees into programs for which they are best suited by prioritizing the placement of offenders who are assessed as higher risk to reoffend, demonstrate a significant need for the services provided by a particular program, and who have a sufficient amount of time left to serve in prison to reasonably complete the program or, at a minimum, make a reasonable amount of progress so that it is possible that the program will have an impact on their likelihood of recidivating. (4) The department shall seek to prioritize the elimination of vacant positions over laying off existing staff. (5) The department shall seek to use available resources to maximize the number of inmates and parolees who have access to and complete programs. (6) The department shall seek to maximize the use of federal or other funds to maintain or enhance inmate and parolee programs. (b) No later than September 1st of each year, the department shall report to the Joint Legislative Budget Committee a detailed plan as to how it is meeting the provisions of Sections 2054.2 and 2062 to increase participation and completion rates for academic and vocational education programs, as determined by the assessments performed pursuant to Section 3020. This report shall include, but not be limited to, information on the success of participants at achieving a literacy level as specified in Section 2053.1, a high school diploma or equivalent, or a particular job skill.   SECTION 1.   Section 2054.3 is added to the Penal Code, to read: 2054.3. In order to increase participation and completion rates for academic and vocational education programs, funding for those programs shall not be based upon the total prison population, but upon the number of prisoners requiring those programs, as determined by the assessments performed pursuant to Section 3020.