HomeMy WebLinkAboutMINUTES - 05222007 - SD.8 a i+
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TO: ' Contra BOARD OF SUPERVISORS �E,..- - -`'O�'
FROM: JOHN CULLEN, County Administrator o;.
Costa
DATE: MAY 14, 2007 C o u n t
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SUBJECT: UPDATE ON STATE CORRECTIONS REFORM S
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. ACCEPT this status report on the Public Safety and Offender Rehabilitation Services Act of 2007 (AB
900) as passed by the state legislature on April 25, 2007.
2. ACKNOWLEDGE that the Act represents a significant shift in California's corrections system and
addresses the overcrowding and dangerous conditions in state prisons and county jails by enhancing
rehabilitation programs in an effort to reduce recidivism.
3. ACKNOWLEDGE that the Act provides for the first and largest prison capital outlay program in
decades.
4. ACKNOWLEDGE that the Act made strides to address and anticipate local concerns, and specifically
eliminates the Governor's January budget proposal to require counties to house state inmates for certain
crimes for up to three years in local facilities.
5. ACKNOWLEDGE that the Act addresses the adult corrections system only, and the Governor's juvenile
justice realignment proposal will proceed on a separate track as part of the budget process.
6. ACKNOWLEDGE that while the Act puts strong emphasis on programming and rehabilitation efforts
for the prison population, it does not include support for adult probation services nor changes to the
parole system.
7. SUPPORT the adult corrections'reform package in concept w�ile'directing staff to continue to analyze
the provisions and identify areas requiring further discussion. i
8. REQUEST the Sheriff-Coroner and County Probation Officer continue working through their respective
statewide associations to assure that questions of fiscal and operational feasibility are addressed.
CONTINUED ON ATTACHMENT: ❑ YES SIGNATURE: r
[]'RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMM N ATION OF BOARD COMMITTEE
[3-CPPROVE ❑ OTHER
SIGNATURE(S):
ACTION OF BOA ON O
APPROVED AS RECOMMENDED OTHER [ ] ���-�KT�I�K �`►I
VOTE OF SUPERVISORS: HEREBY CERTIFY THAT THIS IS A TRUE AND
� ��, n / CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS(ABSENT /l lld�W ) ENTERED ON THE MINUTES OF THE BOARD OF
AYES: NOES: SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN: ATTESTED: May 22,2007
Contact: JULIE ENEA(925)335-1077 JOHN CULLEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
cc: SHERIFF-CORONER
COUNTY PROBATION OFFICER
COUNTY ADMINISTRATOR
By: ® Deputy
Update on State Corrections Reform May 14,2007
County Administrator's Office Page 2
FISCAL IMPACT
The Public Safety and Offender Rehabilitation Services Act will provide $7.4 billion in state funds for
prison and jail construction. Revenue bonds and a lease arrangement will be used to finance this, which,
over 25 years will cost approximately $14 to $15 billion, estimated at $600 million per year from the state's
General Fund. While counties' participation in construction projects will be optional, local governments
will be required to provide a 25%match for local jail expansion projects.
BACKGROUND
On April 24, 2007, the Board of Supervisors accepted a report and presentations from the Sheriff-Coroner
and County Probation Officer on the Governor's corrections reform initiative, and committed to
collaborating with the state to address the combined needs for detention facilities, including a County-
operated adult re-entry facility and a regional juvenile facility for girls.
On April 25, 2007, the Legislature passed AB 900 (Solorio/Aghazarian),the Public Safety and Offender
Rehabilitation Services Act of 2007, a bipartisan prison reform measure designed to address overcrowding
and recidivism problems. The Assembly approved the bill on a 70-1 vote, the Senate on a 27-11 vote. The
measure seeks to head off federal court action, including the possible imposition of a prison population cap
and the potential for a federal receivership. The reform package contains infrastructure funding for
approximately 13,000 jail beds in local detention facilities, in addition to resources for 40,000 state beds.
The agreement addresses the adult corrections system only; the Governor's juvenile justice realignment
proposal is still on the table and presumably will proceed on a separate track as part of the budget process.
The agreement differs in one notable way from the corrections proposal unveiled in the Governor's January
budget; it eliminates the proposal to require counties to house state inmates for certain crimes for up to
three years in local facilities. Further, it does not include support for adult probation services, a Sentencing
Commission structure, nor changes to the parole system. It is reported that these elements will be given
further consideration outside of the reform deal. The correction package puts a strong emphasis on
programming and rehabilitation efforts for the prison population.
Overall, the package appears balanced, with a clear commitment to increasing state and local capacity as
well as focused rehabilitation efforts. From the county perspective, the proposal is a marked improvement
over the initial proposal unveiled in January, and makes significant strides to address and anticipate local
concerns.
How the Agreement Compares to the Governor's Proposal
Governor's Proposal Agreement
78,000 total beds, including: 53,000 total beds, in two phases:
- 16,000 infill - 16,000 infill
Fewer Beds - 7,000 re-entry - 16,000 re-entry
- 10,000 medical - 8,000 medical
- 45,000 local jails - 13,000 local jails
Rehabilitation as part of re-entry Requires services for all new beds,
beds, but no rehabilitation adds 4,000 new drug treatment
More Rehabilitation requirement for any other part of slots, requires implementation of
bed plan. rehabilitation efforts before move
to Phase 2 construction program.
$9.4 billion in lease revenue bonds $7.4 billion in lease revenue bonds
- $2.4 billion for infill - $3.6 billion in Phase 1
Lower Cost - $1.6 billion for re-entry - $2.5 billion in Phase 2
$1.0 billion for medical - $1.2 billion local jails
$4.4 billion for jails
Update on State Corrections Reform May 14,2007
County Administrator's Office Page 3
The Public Safety and Offender Rehabilitation Services Act of 2007,provides 53,000 prison and jail beds
in two phases. $3.6 billion of Phase 1 funding will permit immediate construction. $2.5 billion of Phase 2
funding is contingent on the California Department of Corrections and Rehabilitation meeting
rehabilitation, management and construction benchmarks during Phase 1. For the next four years, the state
will be authorized to transfer up to 8,000 state inmates to out-of-state facilities, with an exemption for
inmates with serious medical or mental health issues.
In addition to state prison projects, the agreement provides $1.2 billion to increase capacity at county jails
throughout the state by 13,000 beds. Counties will be required to provide a 25% match for the state's $1.2
billion investment (approximately $300 million). Counties that assist the state in locating re-entry facilities
and helping parolees get mental health services will receive funding preference (Section 15820.907(b) and
(c))•
Finally, the agreement includes $350 million in state General Funds, including $300 million for
infrastructure and $50 million for rehabilitation services. Rehabilitation services—like substance abuse
treatment, mental health services and job training—are required to accompany all new bed construction.
The bill specifically provides for 4,000 additional drug treatment beds, which is a significant increase
considering there are only 9,000 beds presently in the system.
When the two construction phases are complete, 40,000 new beds will be available for state prisoners in the
following categories:
• Infill Beds: 16,000
The agreement adds 16,000 beds at existing prisons to reduce the number of prisoners in"bad"
beds (those currently in dayrooms, gymnasiums, and programming space). Currently, state
prisons house approximately 172,000 prisoners in facilities designed for about half that
number.
Phase 1: 12,000 infill beds Phase 2: 4,000 infill beds
• Re-Entry Beds: 16,000
The agreement prioritizes rehabilitation and reducing recidivism by creating 16,000 new beds .
in secure re-entry facilities. These facilities will be placed in communities and include a
rigorous programming component to assist inmates close to parole or parole violators with a
more successful re-integration into society. These will be secure facilities of up to 500 beds
each, located primarily in urban areas. The siting of re-entry facilities will include concurrence
from the local governments and standard environmental reviews.
Phase 1: 6,000 re-entry beds Phase 2: 10,000 re-entry beds
• Medical Beds: 8,000
The agreement adds 8,000 medical, dental and mental health facility beds as mandated by the
federal Receiver. The Receiver will determine where these beds will be added, and what
services (mental health, long-term care, other)they will provide.
Phase 1: 6,000 medical beds Phase 2: 2,000 medical beds
Overall, the Public Safety and Offender Rehabilitation Act of 2007 is a historic, bipartisan agreement that
completes a major effort to reform California's prison system. This agreement represents a significant
shift in California's corrections system, moving away from a model of massive, remotely-located prisoner
warehouses to smaller facilities with improved rehabilitation programs designed to reduce crime and
enhance public safety.
While local governments are likely to support the adult corrections reform package in concept, there are
areas requiring further discussion. For instance, it remains to be clarified by the Administration if the re-
entry facilities are to be state or locally operated. This issue in particular is likely to have a significant
impact on a community's willingness to locate a re-entry facility within its span of influence.
ADDENDUM TO SD.8
May 22, 2007
On this day, the Board of Supervisors considered accepting a status update on the State
Corrections Reform legislation.
John Cullen, County Administrator, gave a brief outline of the State Corrections Reform
and noted the reform package contains funding for nearly 13,000 new jail beds in local
detention facilities besides 40,000 resources for 40,000 state beds. He stated this Bill
addresses only adults and said the juvenile issues will be handled as part of the
concurrent state budget process. He further said the Bill does not include support for
adult probation services, a Sentencing Commission, or changes to the parole system. He
concluded by saying further discussions will need to take place on significant impacts in
the State of California as these changes roll out over the next few years.
Julie Enea, Deputy County Administrator, further briefed the Board on the State
Corrections Reform elements in the Governor's May Revision Budget ("May Revise"),
as well as the Public Safety and Offender Rehabilitation Services Act of 2007 (AB 900).
She noted one of the impacts to the County would be $2.3m from the Mentally Ill
Offender Program in the May Revise as the Senate Subcommittee recommended this
program be eliminated. She further told the Board the County does not receive any funds
for Gang Suppression but the Senate Subcommittee recommended the $10m be
eliminated from the State Budget for this program. She went on to say the January budget
had $50m Statewide for 18-25-year-old probationers but the May Revise reduced that to
$20m and allocated four blocks of$5m each for targeted pilot programs. Ms. Enea said
with the May Revise the Department of Juvenile Justice would no longer accept non-
violent male juvenile and female juvenile offenders.
Supervisor Uilkema asked if the County would make a budgetary allowance for the 25%
match under the Public Safety and Offender Rehabilitation Services Act for local jail
expansion projects.
Mr. Cullen responded the County has capacity in West County Detention Facility and
Marsh Creek Detention Facility that could be built, with enough money, to supply beds
that would help with the State goal. He said the funds received from the State would
cover the County's true cost not only for the rehabilitation work but continuing
operations, and noted there would be an opportunity to deal with State dollars that were
not previously available.
Supervisor Uilkema asked if the facilities are State or locally operated and noted
California State Association of Counties (CSAC) may weigh in on this and said she
would like to flag this area and be updated by the Legislative Subcommittee.
Supervisor Gioia said he felt the County should include in the recommendations a request
to CSAC that funding be put back in the Governor's budget for a Sentencing Revision
Commission originally proposed in the January budget. He suggested striking the words
from Recommendation Number 7: "Support the adult corrections reform package" and
replacing them with "Direct staff to continue to analyze the provisions and identify
ADDENDUM TO SD.8
May 22, 2007
Page 2 of 3
areas needing further discussion," as this has already taken place. Supervisor Gioia
suggested striking Recommendation Number 2: "Acknowledge that the Act represents a
significant shift in California's corrections system and addresses the overcrowding and
dangerous conditions in state prisons and county jails by enhancing rehabilitation
programs in an effort to reduce recidivism," as he felt this is not a direction.
Supervisor Glover suggested a letter be drafted to CSAC for the Chair to sign with a
request for CSAC to take a position of support for the funding of a Sentencing
Commission. He stated that he would be attending a CSAC Executive Board meeting on
Thursday and would take the letter with him.
Supervisor Bonilla spoke in support of Supervisor Gioia's suggestions to make changes
to the recommendations. She said the Board should acknowledge this but not give the
impression that they support the Bill.
The Board asked for public comment and the following person spoke:
• Ralph Hoffman, resident of Danville, told the Board the mentally ill are victims of
violence more than they are perpetrators of violent crimes. He told the Board not
to get their hopes up as the Governor's May Revise is not the final budget and
concurred the prison population in this country exceeds any other country's.
By a unanimous vote with all Supervisors present, the Board of Supervisors took the
following action:
ACCEPTED the status update on the Public Safety and Offender Rehabilitation
Services Act of 2007 (AB 900) and AMENDED the recommendations to read:
LACCEPTED this status report on the Public Safety and Offender Rehabilitation
Services Act of 2007 (AB 900) as passed by the state legislature on April 25,
2007.
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.O,l..,.e _o,.:,l.-.:s-aREMOVED ITEMNO. 2)
3.ACKNOWLEDGED that the Act provides for the first and largest prison
capital outlay program in decades.
4.ACKNOWLEDGED that the Act made strides to address and anticipate local
concerns, and specifically eliminates the Governor's January budget proposal to
require counties to house state inmates for certain crimes for up to three years in
local facilities.
2
ADDENDUM TO SD.8
May 22, 2007
Page 3 of 3
S.ACKNOWLEDGED that the Act addresses the adult corrections system only,
and the Governor's juvenile justice realignment proposal will proceed on a
separate track as part of the budget process.
6.ACKNOWLEDGED that while the Act puts strong emphasis on programming
and rehabilitation efforts for the prison population, it does not include support for
adult probation services nor changes to the parole system.
7.9UTPORT the adult eaffeetions -e f,-m...,,.kage : ept.,hile dire.ting
DIRECT staff to continue to analyze the provisions and identify areas requiring
further discussion.
&REQUESTED the Sheriff-Coroner and County Probation Officer continue
working through their respective statewide associations to assure that questions of
fiscal and operational feasibility are addressed, and
ADDED No. 9
REQUESTED letter to be sent to CSAC expressing the Board of Supervisors
concern about the elimination of funding support for a Sentencing Commission in
both the Governor's May Revision and*AB 900.
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