PRINTER'S NO. 2450
No. 1933 Session of 1997
INTRODUCED BY CONTI, MUNDY, L. I. COHEN, GRUITZA, BROWN, GODSHALL, HERMAN AND CLYMER, OCTOBER 21, 1997
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 21, 1997
AN ACT 1 Establishing the Inmate Functional Literacy Program for certain 2 inmates in State correctional facilities so that they may 3 become functionally literate; and providing for powers and 4 duties of the Department of Corrections. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Short title. 8 This act shall be known and may be cited as the Inmate 9 Functional Literacy Act. 10 Section 2. Purpose of act. 11 The purpose of this act is to establish a mandatory 12 functional literacy program for inmates incarcerated in State 13 correctional facilities so that the inmates have the opportunity 14 to achieve functional literacy and to become self-supporting, 15 law-abiding citizens of this Commonwealth. The program should be 16 of high quality and targeted to inmate needs, using the 17 appropriate instructional technology. The program should be 18 administered in various institutions throughout this
1 Commonwealth with all institution criteria compatible so that an 2 inmate transferred from one institution to another may be able 3 to smoothly continue his education. 4 Section 3. Definitions. 5 The following words and phrases when used in this act shall 6 have the meanings given to them in this section unless the 7 context clearly indicates otherwise: 8 "Council." The Inmate Functional Literacy Advisory Council 9 established in section 4. 10 "Department." The Department of Corrections of the 11 Commonwealth. 12 "Functional literacy" or "functionally literate." The 13 ability to read, write and perform other related tasks to the 14 extent necessary to function independently in society. It is 15 presumed that an individual meets this criteria if the 16 individual can read at an eighth-grade level as indicated on a 17 standardized assessment test selected by the council pursuant to 18 section 4. 19 "Inmate." A person who has been convicted of a criminal 20 offense under State law and who is sentenced to a State 21 correctional facility for a period of incarceration. 22 "Instructional day." A period of educational instruction 23 that consists of at least two consecutive hours. 24 "Prison." A State correctional facility or institution. 25 "Program." The Inmate Functional Literacy Program 26 established in section 5. 27 Section 4. Inmate Functional Literacy Advisory Council. 28 (a) Establishment.--The Inmate Functional Literacy Advisory 29 Council is hereby established within the Department of 30 Corrections to oversee the implementation of this act. 19970H1933B2450 - 2 -
1 (b) Membership.--The council shall be comprised of five 2 individuals: 3 (1) The Secretary of Corrections or his designee. 4 (2) The Secretary of Education or his designee. 5 (3) A full-time educator who teaches in a prison. 6 (4) A member of the business or industrial community. 7 (5) A member of the general public. 8 The initial appointments to the council shall be made within 90 9 days of the effective date of this act. Appointments under 10 subsection (b)(3)(4) and (5) shall be made by the Governor and 11 confirmed by the Senate. 12 (c) Powers and duties.--The council shall have the following 13 powers and duties: 14 (1) To select a standardized assessment test to be used 15 in determining whether inmates are functionally literate. 16 (2) To serve as a clearinghouse for the dissemination of 17 information about the program. 18 (3) To ensure that the program developed and 19 administered by the department satisfies the requirements of 20 this act. 21 (4) To monitor the funding of the program to ensure that 22 it receives adequate resources. 23 (5) To ensure that the program, in addition to literacy, 24 addresses the basic academic, employment and life skills of 25 inmates to prepare them to reenter society. 26 (6) To consider approval of a fee charged to inmate 27 participants in the program to be used to defray the cost of 28 instructional materials. If an inmate is unable to pay any 29 fee charged, however, the inmate shall not be prevented from 30 participating in the program. 19970H1933B2450 - 3 -
1 Section 5. Inmate Functional Literacy Program. 2 (a) General rule.--The Inmate Functional Literacy Program is 3 hereby established within the department. The department, in 4 consultation with the committee, shall develop, implement and 5 administer the program in prisons to promote functional literacy 6 for inmates and shall ensure that there is continuity and 7 consistency in the program among the prisons. 8 (b) Inmate eligibility.--An inmate who satisfies the 9 criteria of this subsection shall be required to participate in 10 the program. 11 (1) The inmate shall have been admitted to a prison on 12 or after the effective date of this act. 13 (2) The inmate shall not have attained an eighth-grade 14 reading level as determined on the standardized assessment 15 instrument selected by the council. 16 (3) The inmate is not exempt from the program under 17 section 7. 18 (c) Program requirements.--In addition to any other 19 requirement established by the committee, the program shall: 20 (1) Reduce the functional literacy requirement for an 21 inmate who cannot meet the eighth-grade reading level because 22 of a medical, developmental or learning disability but who 23 can be reasonably expected to benefit from the program. 24 (2) Require an inmate who meets the criteria of 25 subsection (b) to participate in the program for a minimum of 26 120 instructional days unless the inmate becomes functionally 27 literate or is released from custody before the 120-day 28 period has expired. 29 (3) Require counseling of an inmate who has not become 30 functionally literate after 120 days of participation in the 19970H1933B2450 - 4 -
1 program. The counseling shall address the benefits of 2 continuing in the program. 3 (4) Provide an English language program for an inmate 4 who does not speak English and who functions at an eighth- 5 grade level or above in that inmate's native language. 6 (5) Establish a system of incentives to encourage and 7 regard inmate performance in the program. 8 (6) Authorize disciplinary action against an inmate who 9 refuses or intentionally fails to participate in good faith 10 in the program. 11 (7) Provide for the filing of reports with the 12 Pennsylvania Board of Probation and Parole regarding an 13 inmate's efforts and progress in the program. 14 Section 6. Initial assessment. 15 When an inmate is admitted to a prison, the department shall 16 immediately assess, through use of a standardized test, whether 17 the inmate is functionally literate. If the department 18 determines from its assessment that the inmate is not 19 functionally literate, then the inmate shall participate in the 20 program if the other requirements of section 5(b) are met. 21 Section 7. Exempt inmates. 22 (a) General rule.--An inmate who cannot reasonably be 23 expected to benefit from the program as a result of a medical, 24 developmental or learning disability shall not be required to 25 participate in the program. 26 (b) Determination of exemption.--Any inmate who is to be 27 considered exempt from a program under subsection (a) shall be 28 evaluated by an appropriate psychologist, psychiatrist or 29 physician who will make such a determination. 30 Section 8. Inmates on parole. 19970H1933B2450 - 5 -
1 (a) General rule.--The Pennsylvania Board of Probation and 2 Parole may consider an inmate's efforts in the program when 3 making a decision to parole or release an inmate from custody. 4 An inmate shall not be denied parole solely because of the 5 inmate's inability to become functionally literate. 6 (b) Completion of program outside the institution.--The 7 Pennsylvania Board of Probation and Parole shall provide 8 information regarding community-based functional literacy 9 programs to parolees who do not become functionally literate 10 while in prison. 11 (c) Prohibition.--No parolee shall be returned to prison 12 solely as a result of a failure to participate in a community- 13 based functional literacy program unless specifically directed 14 to participate by the court or Pennsylvania Board of Probation 15 and Parole. 16 Section 9. Legislative Budget and Finance Committee. 17 Three years after the effective date of this act, and every 18 year thereafter, the Legislative Budget and Finance Committee 19 shall prepare a report outlining the impact of this act on 20 recidivism in this Commonwealth. 21 Section 10. Effective date. 22 This act shall take effect in 60 days. J6L61JLW/19970H1933B2450 - 6 -