2012 National Association of Sentencing Commissions

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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

• 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

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Institution Population

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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

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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

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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

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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

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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.

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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).

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TransferNo state prison inmates were

transferredto county jails.

Virtually All State Felons Complete Their Sentences in Custody

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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

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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.

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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.

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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

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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.

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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

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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

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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

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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

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CONSTRUCTION COST COMPARISON

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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

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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)

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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

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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

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Contact Information

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