31-229

31-229. Functional literacy program;
evaluation; certificate; exemptions; wages; definition

A. The director shall establish and administer a functional literacy program in
each correctional institution in this state.

B. On commitment to the department, each inmate shall be given an educational
evaluation, including a standardized assessment test in English or Spanish as selected by
the department. Each inmate who fails to score the equivalent of a sixth grade literacy
level on the standardized assessment test shall participate in the functional literacy
program for a minimum of one hundred twenty instructional days of attendance unless the
inmate is released from custody or demonstrates functional literacy before one hundred
twenty instructional days have elapsed. Inmates who do not speak English shall take the
standardized assessment test in Spanish. Inmates who are assessed to be functionally
illiterate and non-English speaking shall participate in regular literacy program
instruction or English as a second language program instruction if appropriate.

C. An inmate who cannot meet the functional literacy standard due to a medical,
developmental or learning disability is not required to participate in the program unless
it can be reasonably expected by the person in charge of the functional literacy program
that the inmate would benefit from participation.

D. An inmate who on commitment to the department has less than six months of
incarceration time to serve is exempt from the provisions of this section.

E. An identified functionally illiterate inmate who was committed to the department
before January 1, 1994 may participate in the functional literacy program. An inmate who
chooses to participate in the program must complete the one hundred twenty instructional
days of attendance or demonstrate functional literacy before one hundred twenty
instructional days have elapsed.

F. Except for inmates exempted under subsection C, inmates committed after January
1, 1994 may not receive a wage promotion for labor performed above the lowest wage paid
in a job scale before reaching the functional literacy level. After attaining the
functional literacy level, an inmate shall receive a wage promotion within the wage scale
or a promotional opportunity to a more responsible and higher wage paying job.

G. Each inmate who successfully completes the functional literacy program shall be
awarded a certificate of educational efficiency.

H. The board of executive clemency or other release authority shall take into
consideration an inmate's successful completion of the functional literacy program when
considering parole, pardon or other release action.

I. Pending the appropriation of additional educational resources, for inmates
committed to the department after September 30, 1994, the functional literacy level shall
be a seventh grade literacy level and for inmates committed to the department after
September 30, 1995, the functional literacy level shall be an eighth grade literacy level
as measured by standardized assessment testing.

J. This section does not apply to inmates:

1. For whom the department receives an order of deportation from the United States
immigration and naturalization service.

2. Who are non-English and non-Spanish speaking.

K. As used in this section, "functional literacy" means the ability to read, write
and perform basic mathematical computations and processes at or above the identified
grade level.