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    2012 National Association of Sentencing Commissions

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    Paul Colbert
    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.com

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    2012 National Association of Sentencing Commissions

    Uploaded by

    Paul Colbert
    77 views29 pages
    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.com

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    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.com

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    77 views29 pages

    2012 National Association of Sentencing Commissions

    Uploaded by

    Paul Colbert
    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.com

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    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

    Institution Population
    1976-2012
    200,000 180,000 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 -

    Prop 36 Drug Treatment (2001) 10-20 Life Initiative (1997)

    Realignment

    (2011)

    3 Strikes (1994) Truth in Sentencing (1994)

    Div Courts (2008-10) PVDMI (2008) ICE Discharge (2009) SB 678 (2009) NRP (2010) Milestone Completion Credit (2010) Medical Parole (2011)

    Determinate Sentencing Law (1977)

    1989

    2011

    1976

    1977

    1978

    1979

    1980

    1981

    1982

    1983

    1984

    1985

    1986

    1987

    1988

    1990

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    1993

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    1995

    1996

    1997

    1998

    1999

    2000

    2001

    2002

    2003

    2004

    2005

    2006

    2007

    2008

    2009

    2010

    2012

    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

    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


    5

    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
    6

    Public Safety Realignment (AB 109)


    Local custody for current/prior non-violent, nonserious, non-sex offenders
    Changes to State Parole Eligibility No Prison for Parole Violations Establishes Local Post-release Supervision Local Planning and Funding
    7

    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

    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.
    9

    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).

    10

    Transfer
    No state prison inmates were transferred to county jails.

    Virtually All State Felons Complete Their Sentences in Custody

    X
    11

    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


    12

    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.
    13

    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.
    14

    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
    15

    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.

    16

    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
    17

    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%
    18

    Parole Population
    September 28, 2011 105,220 Parolees
    On July 25, 2012 69,551 Parolees

    19

    20

    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
    21

    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

    22

    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


    23

    CONSTRUCTION COST COMPARISON

    2011 Revised Integrated Strategy Infill Health Care Reentry New Level II Dorms TOTAL: $2,324,000,000 $972,000,000 $2,556,000,000 $0 $5,852,000,000

    2012 Blueprint $1,006,369,000 $900,419,000 $0 $810,000,000 $2,716,788,000

    24

    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


    25

    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)
    26

    Fiscal Year Allocations Counties


    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
    27

    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

    28

    Contact Information
    Terri McDonald (916)323-6001 Terri.McDonald@cdcr.ca.gov www.cdcr.ca.gov

    29

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