PRINTER'S NO. 2002
No. 1637 Session of 1999
INTRODUCED BY SAYLOR, MUNDY, SCHULER, E. Z. TAYLOR, R. MILLER,
PLATTS, BAKER, BELFANTI, BUNT, DALEY, FLICK, FRANKEL, GEIST,
GEORGE, HERMAN, JAMES, LEDERER, McCALL, MYERS, ROBINSON,
RUBLEY, SERAFINI, SOLOBAY, STEELMAN, J. TAYLOR, THOMAS,
TIGUE, WALKO, WILLIAMS AND YOUNGBLOOD, JUNE 14, 1999
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 14, 1999
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
1 administered in various institutions throughout this
2 Commonwealth with all institution criteria compatible so that an
3 inmate transferred from one institution to another may be able
4 to smoothly continue his education.
5 Section 3. Definitions.
6 The following words and phrases when used in this act shall
7 have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 "Council." The Inmate Functional Literacy Advisory Council
10 established in section 4.
11 "Department." The Department of Corrections of the
12 Commonwealth.
13 "Functional literacy" or "functionally literate." The
14 ability to read, write and perform other related tasks to the
15 extent necessary to function independently in society. It is
16 presumed that an individual meets this criteria if the
17 individual can read at an eighth-grade level as indicated on a
18 standardized assessment test selected by the council pursuant to
19 section 4.
20 "Inmate." A person who has been convicted of a criminal
21 offense under State law and who is sentenced to a State
22 correctional facility for a period of incarceration.
23 "Instructional day." A period of educational instruction
24 that consists of at least two consecutive hours.
25 "Prison." A State correctional facility or institution.
26 "Program." The Inmate Functional Literacy Program
27 established in section 5.
28 Section 4. Inmate Functional Literacy Advisory Council.
29 (a) Establishment.--The Inmate Functional Literacy Advisory
30 Council is hereby established within the Department of
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1 Corrections to oversee the implementation of this act.
2 (b) Membership.--The council shall be comprised of five
3 individuals:
4 (1) The Secretary of Corrections or his designee.
5 (2) The Secretary of Education or his designee.
6 (3) A full-time educator who teaches in a prison.
7 (4) A member of the business or industrial community.
8 (5) A member of the general public.
9 The initial appointments to the council shall be made within 90
10 days of the effective date of this act. Appointments under
11 paragraphs (3)(4) and (5) shall be made by the Governor and
12 confirmed by the Senate.
13 (c) Powers and duties.--The council shall have the following
14 powers and duties:
15 (1) To select a standardized assessment test to be used
16 in determining whether inmates are functionally literate.
17 (2) To serve as a clearinghouse for the dissemination of
18 information about the program.
19 (3) To ensure that the program developed and
20 administered by the department satisfies the requirements of
21 this act.
22 (4) To monitor the funding of the program to ensure that
23 it receives adequate resources.
24 (5) To ensure that the program, in addition to literacy,
25 addresses the basic academic, employment and life skills of
26 inmates to prepare them to reenter society.
27 (6) To consider approval of a fee charged to inmate
28 participants in the program to be used to defray the cost of
29 instructional materials. If an inmate is unable to pay any
30 fee charged, however, the inmate shall not be prevented from
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1 participating in the program.
2 Section 5. Inmate Functional Literacy Program.
3 (a) General rule.--The Inmate Functional Literacy Program is
4 hereby established within the department. The department, in
5 consultation with the committee, shall develop, implement and
6 administer the program in prisons to promote functional literacy
7 for inmates and shall ensure that there is continuity and
8 consistency in the program among the prisons.
9 (b) Inmate eligibility.--An inmate who satisfies the
10 criteria of this subsection shall be required to participate in
11 the program.
12 (1) The inmate shall have been admitted to a prison on
13 or after the effective date of this act.
14 (2) The inmate shall not have attained an eighth-grade
15 reading level as determined on the standardized assessment
16 instrument selected by the council.
17 (3) The inmate is not exempt from the program under
18 section 7.
19 (c) Program requirements.--In addition to any other
20 requirement established by the committee, the program shall:
21 (1) Reduce the functional literacy requirement for an
22 inmate who cannot meet the eighth-grade reading level because
23 of a medical, developmental or learning disability but who
24 can be reasonably expected to benefit from the program.
25 (2) Require an inmate who meets the criteria of
26 subsection (b) to participate in the program for a minimum of
27 120 instructional days unless the inmate becomes functionally
28 literate or is released from custody before the 120-day
29 period has expired.
30 (3) Require counseling of an inmate who has not become
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1 functionally literate after 120 days of participation in the
2 program. The counseling shall address the benefits of
3 continuing in the program.
4 (4) Provide an English language program for an inmate
5 who does not speak English and who functions at an eighth-
6 grade level or above in that inmate's native language.
7 (5) Establish a system of incentives to encourage and
8 regard inmate performance in the program.
9 (6) Authorize disciplinary action against an inmate who
10 refuses or intentionally fails to participate in good faith
11 in the program.
12 (7) Provide for the filing of reports with the
13 Pennsylvania Board of Probation and Parole regarding an
14 inmate's efforts and progress in the program.
15 Section 6. Initial assessment.
16 When an inmate is admitted to a prison, the department shall
17 immediately assess, through use of a standardized test, whether
18 the inmate is functionally literate. If the department
19 determines from its assessment that the inmate is not
20 functionally literate, then the inmate shall participate in the
21 program if the other requirements of section 5(b) are met.
22 Section 7. Exempt inmates.
23 (a) General rule.--An inmate who cannot reasonably be
24 expected to benefit from the program as a result of a medical,
25 developmental or learning disability shall not be required to
26 participate in the program.
27 (b) Determination of exemption.--Any inmate who is to be
28 considered exempt from a program under subsection (a) shall be
29 evaluated by an appropriate psychologist, psychiatrist or
30 physician who will make such a determination.
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1 Section 8. Inmates on parole.
2 (a) General rule.--The Pennsylvania Board of Probation and
3 Parole may consider an inmate's efforts in the program when
4 making a decision to parole or release an inmate from custody.
5 An inmate shall not be denied parole solely because of the
6 inmate's inability to become functionally literate.
7 (b) Completion of program outside the institution.--The
8 Pennsylvania Board of Probation and Parole shall provide
9 information regarding community-based functional literacy
10 programs to parolees who do not become functionally literate
11 while in prison.
12 (c) Prohibition.--No parolee shall be returned to prison
13 solely as a result of a failure to participate in a community-
14 based functional literacy program unless specifically directed
15 to participate by the court or Pennsylvania Board of Probation
16 and Parole.
17 Section 9. Legislative Budget and Finance Committee.
18 Three years after the effective date of this act, and every
19 year thereafter, the Legislative Budget and Finance Committee
20 shall prepare a report outlining the impact of this act on
21 recidivism in this Commonwealth.
22 Section 10. Effective date.
23 This act shall take effect in 60 days.
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