Senator Hueso Legislation Would Protect Incarcerated Students’ Access to Higher Education

Senator Ben Hueso, D-San Diego

SACRAMENTO – Senator Ben Hueso (D-San Diego) is joined by Project Rebound Consortium and Michelson Center for Public Policy in announcing the introduction of SB 416, a bill that would amend California Penal Code to protect incarcerated students’ access to face-to-face instruction provided by quality nonprofit and regionally-accredited higher education providers.

“Higher education in prison reduces recidivism, helps with transitioning from being incarcerated to being released, and increases the odds of finding employment,” said Sen. Hueso. “It’s critical that we take steps to protect something so beneficial to both the incarcerated person and the state.”

There are more than 10,000 incarcerated men and women (10 percent of CDCR’s population) enrolled in college statewide, with many more on waitlists. SB 416 would implement two safeguards to ensure that incarcerated students can obtain quality college educations. First, this bill would clarify that only non-profit, regionally-accredited institutions are qualified to provide higher education in California prisons. This would help ensure that incarcerated students are not subject to predation by bad actors and that only programs that have the resources to support incarcerated students’ needs would be allowed to teach in prison.

“As a formerly incarcerated university student, and the first person to be accepted into UC Berkeley while still incarcerated, I understand the real value of in-person courses”

- Kevin McCarthy, Student of UC Berkeley

Romarilyn Ralston, Co-Chair of the Project Rebound Consortium Policy & Advocacy Committee

“Every year the Project Rebound Consortium’s 14 campus programs across the state receive thousands of letters from incarcerated students seeking to continue their college education post-release,” said Romarilyn Ralston, Co-Chair of the Project Rebound Consortium Policy & Advocacy Committee. “This bill protects incarcerated students from low quality, exploitative, for-profit postsecondary educational providers seeking revenue through remote enrollments.”

Secondly, SB 416 would amend Title 15 of the Penal Code to recognize the full-time college enrollment of an incarcerated student as full-time work or training assignment. This classification will ensure that incarcerated students’ college pursuits are prioritized over other work assignments with potentially less-proven results in reducing recidivism.

In December 2020, Congress lifted the 26-year ban on incarcerated students’ access to Federal Pell Grants. While this is a critical development that has opened immense opportunities for incarcerated students in California, regulation is required to prevent bad actors from accessing these students’ educational funds for their own profitable benefit.

“As a formerly incarcerated university student, and the first person to be accepted into UC Berkeley while still incarcerated, I understand the real value of in-person courses,” said Kevin McCarthy. “Though my in-person courses were ideal, all courses (correspondence included) from accredited schools leading to a degree, or transfer to an accredited university, are essential to a purposeful educational program. I stand in strong support of SB 416 promoting in-person higher education as well as access to purposeful education within prisons.”

“People are better than their worst mistake, and we cannot afford to waste anyone,” said Gary K. Michelson, M.D., founder and co-chair of the Michelson Center for Public Policy. “Giving individuals a second chance—through their own hard work—to rise above the circumstances and bad choices of the past is a win for everyone.”

The Michelson Center for Public Policy is a 501(c)(4) social welfare organization that propels legislative change through meaningful collaboration with elected officials, government agencies, and civic leaders to achieve positive outcomes in education, equity, medical research, and animal welfare. The Michelson Center for Public Policy is an affiliated but separate organization from the Michelson Philanthropies network of foundations (Michelson 20MM Foundation, Michelson Found Animals Foundation, and Michelson Medical Research Foundation) and complements the Michelson Philanthropies’ thought leadership and expertise with bold and effective advocacy.

Project Rebound is a program that supports the higher education and successful reintegration of formerly incarcerated individuals wishing to enroll and succeed at the California State University. By connecting students with critical resources, Project Rebound constructs an alternative to the revolving door policy of mass incarceration and increases community strength and safety.