BILL NUMBER: SB 343 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2015
INTRODUCED BY Senator Hancock
FEBRUARY 24, 2015
An act to amend Sections 2053.1, 2054, and 2054.2
2054.2, and 2933.6 of, and to repeal Section
2054.1 of, the Penal Code, relating to corrections.
LEGISLATIVE COUNSEL'S DIGEST
SB 343, as amended, Hancock. Criminal law: corrections.
Corrections: inmates.
Existing law requires the Secretary of the Department of
Corrections and Rehabilitation to implement a literacy program in
every state prison. In implementing these programs, existing law
requires the Secretary of the Department of Corrections and
Rehabilitation to give strong consideration to computer-assisted
training and other innovations that have proven to be effective in
reducing illiteracy among disadvantaged adults.
This bill would also require the Department of Corrections and
Rehabilitation to give strong consideration to the use of libraries
and librarians for that literacy program.
Existing law permits the Secretary of the Department of
Corrections and Rehabilitation to establish and maintain classes for
inmates. Existing law provides for funding of this program, upon
appropriation by the Legislature, at a rate of $40 per inmate.
Existing law requires this rate to increase or decrease in the same
proportion as the median salaries for full-time high school teachers
in the public schools of the state have increased or decreased since
the 1956-57 fiscal year.
This bill would repeal the provisions regarding the setting of the
rates for funding of these classes.
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 including, but are not limited to, a specified
literacy level, a high school diploma or equivalent, or a particular
vocational job skill.
This bill would add completion of a community college or 4 year
academic degree to the list of included academic and vocational
education.
Existing law makes an inmate placed in a Security Housing Unit for
specified crimes or because of gang association or membership, or
placed in a Psychiatric Services Unit, ineligible to earn credits
towards reducing his or her sentence during the time the inmate is in
the Security Housing Unit.
This bill would, notwithstanding that prohibition, permit the
Department of Corrections and Rehabilitation to establish regulations
to allow specified inmates to earn credits, 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 2053.1 of the Penal Code is amended to read:
2053.1. (a) The Secretary of the Department of Corrections and
Rehabilitation shall implement in every state prison literacy
programs that are designed to ensure that upon parole inmates are
able to achieve the goals contained in this section. The department
shall prepare an implementation plan for this program, and shall
request the necessary funds to implement this program as follows:
(1) The department shall offer academic programming throughout an
inmate's incarceration that shall focus on increasing the reading
ability of an inmate to at least a 9th grade level.
(2) For an inmate reading at a 9th grade level or higher, the
department shall focus on helping the inmate obtain a general
education development certificate, or its equivalent, or a high
school diploma.
(3) The department shall offer college programs through voluntary
education programs or their equivalent.
(4) While the department shall offer education to target
populations, priority shall be given to those with a criminogenic
need for education, those who have a need based on their educational
achievement level, or other factors as determined by the department.
(b) In complying with the requirements of this section, the
department shall give strong consideration to the use of libraries
and librarians, computer-assisted training, and other innovations
that have proven to be effective in reducing illiteracy among
disadvantaged adults.
SEC. 2. Section 2054 of the Penal Code is amended to read:
2054. (a) The Secretary of the Department of Corrections and
Rehabilitation may establish and maintain classes for inmates by
utilizing personnel of the Department of Corrections and
Rehabilitation, or by entering into an agreement with the governing
board of a school district or private school or the governing boards
of school districts under which the district shall maintain classes
for such inmates. The governing board of a school district or private
school may enter into such an agreement regardless of whether the
institution or facility at which the classes are to be established
and maintained is within or without the boundaries of the school
district.
(b) Any agreement entered into between the Secretary of the
Department of Corrections and Rehabilitation and a school district or
private school pursuant to this section may require the Department
of Corrections and Rehabilitation to reimburse the school district or
private school for the cost to the district or private school of
maintaining such classes. "Cost" as used in this section includes
contributions required of any school district to the State Teachers'
Retirement System, but such cost shall not include an amount in
excess of the amount expended by the district for salaries of the
teachers for such classes, increased by one-fifth. Salaries of such
teachers for the purposes of this section shall not exceed the
salaries as set by the governing board for teachers in other classes
for adults maintained by the district, or private schools.
(c) Attendance or average daily attendance in classes established
pursuant to this section or in classes in trade and industrial
education or vocational training for adult inmates of institutions or
facilities under the jurisdiction of the Department of Corrections
and Rehabilitation shall not be reported to the State Department of
Education for apportionment and no apportionment from the State
School Fund shall be made on account of average daily attendance in
such classes.
(d) No school district or private school shall provide for the
academic education of adult inmates of state institutions or
facilities under the jurisdiction of the Department of Corrections
and Rehabilitation except in accordance with this section.
SEC. 3. Section 2054.1 of the Penal Code is repealed.
SEC. 4. Section 2054.2 of the Penal Code is amended to read:
2054.2. The Department of Corrections and Rehabilitation shall
determine and implement a system of incentives to increase inmate
participation in, and completion of, academic and vocational
education, consistent with the inmate's educational needs as
identified in the assessment performed pursuant to Section 3020,
including, but not limited to, a literacy level specified in Section
2053.1, a high school diploma or equivalent, completion of a
community college or four year academic degree, or a particular
vocational job skill. These incentives may be consistent with other
incentives provided to inmates who participate in work programs.
SEC. 5. Section 2933.6 of the Penal
Code is amended to read:
2933.6. (a) Notwithstanding any other law, except as
provided in subdivision (d), a person who is placed in a
Security Housing Unit, Psychiatric Services Unit, Behavioral
Management Unit, or an Administrative Segregation Unit for misconduct
described in subdivision (b) or upon validation as a prison gang
member or associate is ineligible to earn credits pursuant to Section
2933 or 2933.05 during the time he or she is in the Security Housing
Unit, Psychiatric Services Unit, Behavioral Management Unit, or the
Administrative Segregation Unit for that misconduct.
(b) This section applies to the following offenses:
(1) Murder, attempted murder, and solicitation of murder. For
purposes of this paragraph, solicitation of murder shall be proven by
the testimony of two witnesses, or of one witness and corroborating
circumstances.
(2) Manslaughter.
(3) Assault or battery causing serious bodily injury.
(4) Assault or battery on a peace officer or other nonprisoner
which results in physical injury.
(5) Assault with a deadly weapon or caustic substance.
(6) Rape, attempted rape, sodomy, attempted sodomy, oral
copulation, or attempted oral copulation accomplished against the
victim's will.
(7) Taking a hostage.
(8) Escape or attempted escape with force or violence.
(9) Escape from any departmental prison or institution other than
a camp or reentry facility.
(10) Possession or manufacture of a deadly weapon or explosive
device.
(11) Arson involving damage to a structure.
(12) Possession of flammable, explosive material with intent to
burn any structure or property.
(13) Solicitation of assault with a deadly weapon or assault by
means of force likely to produce great bodily injury, arson, or a
forcible sex act.
(14) Intentional destruction of state property in excess of four
hundred dollars ($400) during a riot or disturbance.
(c) This Subdivision (a) of this
section does not apply if the administrative finding of the
misconduct is overturned or if the person is criminally prosecuted
for the misconduct and is found not guilty.
(d) Notwithstanding subdivision (a), the Department of Corrections
and Rehabilitation may establish regulations to allow specified
inmates placed in a Security Housing Unit, Psychiatric Services Unit,
Behavioral Management Unit, or an Administrative Segregation Unit to
earn credits pursuant to Section 2933 or 2933.05, or credits as
otherwise specified in regulation, during the time he or she is in
the Security Housing Unit, Psychiatric Services Unit, Behavioral
Management Unit, or the Administrative Segregation Unit. The
regulations shall establish separate classifications of serious
disciplinary infractions to determine the rate of to restoration of
credits, the time period required before forfeited credits or a
portion thereof may be restored, and the percentage of forfeited
credits that may be restored for those time periods, not to exceed
those percentages authorized for general population inmates. The
regulations shall provide for credit earning for inmates who
successfully complete specific program performance objectives.