CALIFORNIA DEPARTMENT
OF CORRECTIONS AND
REHABILITATION
2012 National Association of
Sentencing Commissions
Terri McDonald, Undersecretary, Operations
1
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
2
Institution Population
1976-2012
200,000
Prop 36
Drug
Treatment
(2001)
180,000
Realignment
(2011)
160,000
10-20 Life
Initiative (1997)
140,000
Div Courts (2008-10)
PVDMI (2008)
ICE Discharge (2009)
SB 678 (2009)
NRP (2010)
Milestone
Completion
Credit (2010)
Medical Parole (2011)
120,000
3 Strikes (1994)
Truth in Sentencing (1994)
100,000
80,000
60,000
40,000
Determinate
Sentencing
Law (1977)
20,000
3
2012
2011
2010
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994
1993
1992
1991
1990
1989
1988
1987
1986
1985
1984
1983
1982
1981
1980
1979
1978
1977
1976
-
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
4
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
8
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
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
Infill
Health Care
Reentry
New Level II Dorms
TOTAL:
2011 Revised
Integrated Strategy
2012 Blueprint
$2,324,000,000
$1,006,369,000
$972,000,000
$900,419,000
$2,556,000,000
$0
$0
$810,000,000
$5,852,000,000
$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