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2007 SESSION

075162800
SENATE JOINT RESOLUTION NO. 363
Offered January 10, 2007
Prefiled January 9, 2007
Establishing a joint subcommittee to study increasing the accessibility of education programs and higher education opportunities to incarcerated persons. Report.
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Patron-- Quayle
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Referred to Committee on Rules
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WHEREAS, according to the Education Commission of the States, "an estimated 40 percent of state prison inmates, 27 percent of federal inmates, 47 percent of inmates in local jails, and 31 percent of those serving probation sentences have not completed high school or its equivalent, compared to about 18 percent of the general population, and the differences are just as dramatic for postsecondary attainment, with 2.4 percent of state prisoners, 8.1 percent of federal prisoners, and 3.2 percent of local jail inmates having attained a college degree, compared with 22 percent of the general population"; and

WHEREAS, between 1980 and 2005, the Virginia prison population grew by more than 420 percent, increasing from 8,521 to 35,899 inmates, and the Commonwealth has already added 6,400 prison beds to its correctional system at a cost of nearly $300 million; and

WHEREAS, a disproportionate number of incarcerated persons do not have a high school diploma or GED, read at an eighth grade level or lower, are functionally illiterate, represent economically depressed communities, have some form of learning disability, and were unemployed before incarceration; and

WHEREAS, approximately 12,000 persons are released from Virginia prisons each year and more than 90 percent of prisoners return to their communities; and

WHEREAS, due to the lack of education and training prior to and during incarceration, too many former offenders return to the community without the requisite skills to obtain employment, housing, transportation, and other basic needs to successfully reintegrate into the community, and without the necessary educational skills to become productive citizens, many former offenders return to their former habits and lifestyles and are soon reincarcerated; and

WHEREAS, criminal behavior has consequences and implications for public safety; affects the economy, family stability and children; and contributes to the tremendous costs of incarceration, social services, and the criminal justice system for police, courts, and parole and probation systems; and

WHEREAS, prisoners who completed educational programs through the Department of Correctional Education while incarcerated have demonstrated great success on the General Education Development (GED) test and the Career Readiness Certification test; and

WHEREAS, in the late 1980s, Virginia established the Literacy Incentive Program to teach inmates to read before their release and to provide a disincentive to return to a life of crime; and

WHEREAS, in 1995, the General Assembly enacted legislation to establish the Virginia Higher Education Incentive Program and Fund that would provide financial assistance to inmates enrolled in degree-granting programs at accredited public and private institutions of higher education, whose Pell Grant assistance was terminated under the federal Violent Crimes Prevention Act, to provide multiple incentives that reduce recidivism; however, the act was repealed in 2004 due to lack of funding; and

WHEREAS, although eligible inmates have the opportunity to seek a college education through federally funded postsecondary and distance learning programs offered by the Department of Correctional Education through various Virginia community colleges and other institutions of higher education across the country, certain of the requirements may limit access to such programs; and

WHEREAS, "persons who take college courses while in prison improve their chances of attaining and keeping employment after release and are less likely to commit additional crimes that lead to their return to prison," according to research conducted at the New Mexico State University; and

WHEREAS, former offenders returning to their families and the community need jobs, housing, health care, and other personal and support services, and increased education opportunities can promote a better managed prison environment, reduce recidivism, positively affect the lives of prisoners and their families, and save tax dollars by reducing the costs of reincarceration and the need for prisons; now, therefore, be it

RESOLVED by the Senate, the House of Delegates concurring, That a joint subcommittee be established to study increasing the accessibility of education programs and higher education opportunities to incarcerated persons. The joint subcommittee shall have a total membership of 19 members that shall consist of eight legislative members, two nonlegislative citizen members, and nine ex officio members. Members shall be appointed as follows: three members of the Senate to be appointed by the Senate Committee on Rules; five members of the House of Delegates to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; one nonlegislative citizen member, who shall represent a faith-based or other nonprofit organization that works with offenders, to be appointed by the Senate Committee on Rules; and one nonlegislative citizen member who shall represent local government or an organization that provides education services, to be appointed by the Speaker of the House of Delegates. The Secretary of Public Safety, Secretary of Education, Superintendent of Correctional Education, Superintendent of Public Instruction, Director of the Department of Corrections, Director of the Department of Juvenile Justice, Commissioner of Mental Health, Mental Retardation, and Substance Abuse Services, Executive Director of the State Council of Higher Education, and the Chancellor of the Virginia Community College System or their designees shall serve ex officio with nonvoting privileges. Nonlegislative citizen members of the joint subcommittee shall be citizens of the Commonwealth of Virginia. Unless otherwise approved in writing by the chairman of the joint subcommittee and the respective Clerk, nonlegislative citizen members shall only be reimbursed for travel originating and ending within the Commonwealth of Virginia for the purpose of attending meetings. If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required. The joint subcommittee shall elect a chairman and vice chairman from among its membership, who shall be members of the General Assembly.

In conducting its study, the joint subcommittee shall (i) evaluate the existing education program for prisoners in Virginia, including the advantages and benefits of the program for prisoners, their families, and the community, and its effect on recidivism; (ii) identify program needs, including ways to accommodate more inmates, and recommend solutions; (iii) review prisoner education programs in other states; (iv) consider financial aid alternatives to assist inmates in accessing college, and ways to fund college education programs for prisoners in the Commonwealth; (v) examine the relationship between poor educational opportunities, delinquency, unidentified learning disabilities, and crime; (vi) determine the number of inmates with learning disabilities, and the average reading level of inmates in state and local adult and juvenile correctional institutions; and (vii) consider other related matters as the joint subcommittee may deem necessary and appropriate to satisfy the objectives of this study.

Administrative staff support shall be provided by the Office of the Clerk of the Senate. Legal, research, policy analysis, and other services as requested by the joint subcommittee shall be provided by the Division of Legislative Services. Technical assistance shall be provided by the Departments of Corrections, Juvenile Justice, Education, the State Council of Higher Education, and the Virginia Community College System. All agencies of the Commonwealth shall provide assistance to the joint subcommittee for this study, upon request.

The joint subcommittee shall be limited to four meetings for the 2007 interim and four meetings for the 2008 interim, and the direct costs of this study shall not exceed $9,300 for each year without approval as set out in this resolution. Of this amount an estimated $1,000 is allocated for speakers, materials, and other resources. Approval for unbudgeted nonmember-related expenses shall require the written authorization of the chairman of the joint subcommittee and the respective Clerk. If a companion joint resolution of the other chamber is agreed to, written authorization of both Clerks shall be required.

No recommendation of the joint subcommittee shall be adopted if a majority of the Senate members or a majority of the House members appointed to the joint subcommittee (i) vote against the recommendation and (ii) vote for the recommendation to fail notwithstanding the majority vote of the joint subcommittee.

The joint subcommittee shall complete its meetings for the first year by November 30, 2007, and for the second year by November 30, 2008, and the chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than the first day of the next Regular Session of the General Assembly for each year. Each executive summary shall state whether the joint subcommittee intends to submit to the General Assembly and the Governor a report of its findings and recommendations for publication as a House or Senate document. The executive summaries and reports shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may approve or disapprove expenditures for this study, extend or delay the period for the conduct of the study, or authorize additional meetings during the 2007 and 2008 interims.