2012 national association of sentencing commissions
DESCRIPTION
October 2006, CDCR reached an all time high for inmate population and September 2007 and all time high for parolees. 173,500 inmates 160,000 were in institutions 128,000 parolees 15,000+ were in prisons Design Capacity was 80,000 beds Overcrowding rate = 200% http://www.inmatecountyjail.comTRANSCRIPT
1
CALIFORNIA DEPARTMENT OF CORRECTIONS AND
REHABILITATION
2012 National Association of Sentencing Commissions
Terri McDonald, Undersecretary, Operations
All Time High• October 2006, CDCR reached an all
time high for inmate population and September 2007 and all time high for parolees
• 173,500 inmates• 160,000 were in institutions
• 128,000 parolees• 15,000+ were in prisons
• Design Capacity was 80,000 beds• Overcrowding rate = 200%
• All Population Figures in Presentation are Approximates
• October 2006, CDCR reached an all time high for inmate population and September 2007 and all time high for parolees
• 173,500 inmates• 160,000 were in institutions
• 128,000 parolees• 15,000+ were in prisons
• Design Capacity was 80,000 beds• Overcrowding rate = 200%
• All Population Figures in Presentation are Approximates 2
3
Institution Population
4
Determinate Sentence Credit Earning
1977-1982 – Determinate Sentence – 1/3 Time Earned and Credit Loss Potential
1983 – 6 Varied Earning Schedules – Including Day-for-Day
1987 – Parole Violators Earn Credit
1991 – Designated Offenders with 2 Prior Offenses Ineligible for Credit Earning
1993 – Segregation Offenders Ineligible for Credit Earning
1994 – Serious Offenders Maximum 20% Credit Earning
– Third Strikers 20% Credit Earning for Determinate - Ineligible for Indeterminate
- Violent Offenders 15% Credit Earning
1998 – Murders/Attempted Murders of a Peace Officer/Firefighter Ineligible for Credit
2003 – Fire Camp Offenders 2-for-1 Credit When Assigned to Camp
2010 – Credit Earning Assumed, Even if Not Assigned to a Program
– Credit Applied from Date of Arrest, as Opposed to arrival to CDCR
– Milestone Completion Credits – Maximum 42 Days Per Year
- Fire Camp 2-for-1 at Completion of Program
2011 – Jails Offenders Eligible for Credit Similar to CDCR Offenders
5
Factors Leading to Change
– Overcrowding and Pending Supreme Court Ruling– Federal Court Oversight on Most Aspects of Prison
Management– Recidivism Rates– Fiscal Constraints at State and Local Levels– Programming Limitations at State and Local Levels– Churning of Prison Offenders
• 45,000 Parole Violators Per Year• 10,000 Intakes and Releases Per Month
– Criminogenic Consequence of Mixing Offenders– Collective Will to Resolve
Three Judge Panel Order
United States Supreme Court Upheld June 2011
The State must reduce overcrowding from 200% to 137.5% by June 27, 2013
Reduce from 141,000 inmates at existing 33 prisons to 112,000 inmates
United States Supreme Court Upheld June 2011
The State must reduce overcrowding from 200% to 137.5% by June 27, 2013
Reduce from 141,000 inmates at existing 33 prisons to 112,000 inmates
6
7
Public Safety Realignment (AB 109)
Local custody for current/prior non-violent, non-serious, non-sex offenders
Changes to State Parole Eligibility
No Prison for Parole Violations
Establishes Local Post-release Supervision
Local Planning and Funding
8
Public Safety Realignment
• Revises the definition of felony to include certain crimes that are punishable in jail for more than one year.
• Maintains length of sentences.
• Provides Alternative Options other than incarceration as Determined Locally
9
Who is Sentenced to State Prison?
The following sentences must be served in state prison:
• Prior or current serious or violent felony as described in PC 1192.7 (c) or 667.5 (c)
• The defendant is required to register as a sex offender pursuant to PC 290
• Excludes certain other specified crimes
Note: “excluded crimes” are those for which a defendant can still be committed to state prison.
10
Additional Features of Realignment
Enhanced local custody and supervision tools:– Contracting Ability– Alternative custody tools for county jails– Home detention for low-level offenders– Local jail credits consistent with prison
credits (Day-for-day).
11
TransferNo state prison inmates were
transferredto county jails.
Virtually All State Felons Complete Their Sentences in Custody
XX
12
Post-release Supervision Opposed to State Parole
County-level supervision upon release from prison
• Current Non-violent offenders• Current Non-serious offenders• Sex offenders
County Does NOT supervise:• 3rd strikers and Lifers• High risk sex offenders as defined by CDC
– Use of Static 99 Risk Tool
• Mentally Disordered Offenders
13
Post-release Supervision (continued)
• Allows revocations up to 180 days .
• Graduated sanctions including flash incarceration at the local level (revocations lasting longer than 10 days require a court hearing).
• Individuals on post-release supervision without any violations after six months can be discharged.
• Courts may adjudicate violations and new conditions of release at the local level.
14
State Parole Supervision
Commitment offense:
• Current serious or violent felony as described in PC 1192.7 (c) or 667.5(c)
• The offender has been convicted of a third strike
• The person is classified as a mentally Disordered Offender (MDO)
• Or the person is classified as a high risk sex offender.
15
State Parole Supervision
Parole revocations will be served in county jail – not in state prison - for no more than 180 days. (Reduced Prison Population by 14,000)
Contracting back from the state for revocations is not an option.
Graduated sanctions including flash incarceration at the local level (revocations lasting longer than 10 days require a BPH hearing).
Only persons previously sentenced to a term of life can be revoked to prison
16
State Parole Revocation Hearings
Parole revocation process remains with Board of Parole Hearings (BPH) until
July 1, 2013.
The revocation process will transition to the Courts after July 1, 2013.
17
Impacts to CDCR
– Reduced Prison Population– Elimination of Non-Traditional Beds– Reduced Prison Violence/Incidents– Reduce Parole Agent Caseloads– Reduced CDCR Budget– Increased Percentage of Offenders
Programming– Increase County Relationships– Improved Court Monitoring Scores
Prison Population On July 25, 2012
134,361 inmates 120,286 were in
institutions (excluding camps)
Design Capacity was 79,756 beds Overcrowding rate =
151%
On July 25, 2012 134,361 inmates 120,286 were in
institutions (excluding camps)
Design Capacity was 79,756 beds Overcrowding rate =
151% 18
Parole Population September 28, 2011
105,220 Parolees
On July 25, 2012 69,551 Parolees
September 28, 2011 105,220 Parolees
On July 25, 2012 69,551 Parolees
19
20
21
Blueprint for the Future• Contract Beds• Eliminate Civil Addict Program• Classification Project• Program Enhancement – Reentry Hubs• Alternative Custody Program• Construction
– Medical Facilities – 2,143 Beds– Health Care Improvements - $700 Million– Three Infill Projects – 2,400 Beds
• 145% Request to the Courts
22
Prison Closure
• Closure of California Rehabilitation Center (CRC) in Norco by FY 15/16– 2,491 design beds
• Severely dilapidated wooden structure housing units
• More than $200 million cost avoidance in repairs
• $160 million annual operation cost savings
23
State Support Budget Savings With Realignment
• Fiscal Year 11-12– $450 million
• Fiscal Year 12-13:– $1 billion
• Fiscal Year 13-14:– $1.3 billion
• Fiscal Year 14-15:– $1.46 billion
• Fiscal Year 15-16:– $1.54 billion
• 11% of State General Fund to 7% of GF
24
CONSTRUCTION COST COMPARISON
25
County Funding
– On-Going Appropriate from Sales Tax• 1.0625% of Sales Tax• Percentage of Vehicle License Fee
– Annual Allocation Formulas for Funding to the Counties Determined by the California State Association of Counties (CSAC)
• Formula Driven as Determined by CSAC
– $500 Million for Capacity Construction/Improvements
26
Community Correctional Partnership (CCP)
– CCP Recommends Allocation.– Members:
• Chaired by Chief of Probation• Presiding Judge or designee• Public Defender• District Attorney• Sheriff• Police Chief• BOS Designee from Health and Human Services
Divisions (Mental Health Provider, Substance Abuse Treatment, etc)
27
Fiscal Year AllocationsCounties
– FY 11/12• $345.3 Million Counties as Recommended by CCP• $12.7 Million District Attorneys/Public Defenders• $25 Million Training Grants (One Time)• $7.85 Million Planning Grants CCP (One Time)• $399.85 Million Total
– FY 12/13 and 13/14• $842.9 Million Counties as Recommended by CCP• $14.6 Million District Attorneys/Public Defenders• $857.5 Million Total
28
Next Steps– Rehabilitation Program Expansion at State
and Local Level– Hiring, Recruiting and Training at Local Level– Data Collection and Targeted Research– Front Line Law Enforcement Grant Funding– Jail Capacity Solutions and Funding– State/County and County/County
Collaboration on Programs– Realigned Crimes Evaluation
