Offenders sentenced to a life term with the possibility of parole cannot be released on parole until the BPH determines that they are ready to be returned to society. Accordingly, inmate custodians participating in the program receive the training necessary to properly clean health care facilities and obtain a health care facility cleaning certification. Recent Resources Provided for Redaction Workload. Eligible offenders may also continue to petition to advance their next hearing pursuant to the provisions of Penal Code section 3041.5(d). According to CalPIA, neither the federal Receiver (who oversees the delivery of medical care in prisons) or the Office of the Inspector General (the agency responsible evaluating medical care in prisons) have raised concerns with the services provided by the HFM program. In addition, any offender who was sentenced to life without the possibility of parole, and was under 18 years of age at the time of his or her controlling offense, will also be scheduled for youth offender parole hearings. As of January12,2022, CDCR housed about 99,110adult inmates in the states prison system. [3] This number excludes incarcerated persons who were eligible for Proposition 36 resentencing but released in other ways (e.g. In addition, the 202122 Budget Act provided OLA with about $500,000 and four positions to handle Chapter988 workload on an ongoing basis. In this brief, we provide an overview of the total amount of funding in the Governors proposed 202223 budget for the California Department of Corrections and Rehabilitation (CDCR), as well as assess and make recommendations on several specific budget proposals. Accordingly, it seems implausible that the average daily inmate population will reach112,900 in 202223 due to the jail backlog as assumed in the Governors budget. The Board is required to give great weight to the diminished responsibility of juveniles as compared to adults. Civil service custodians and custodian supervisors in the HFM program are hired through the same process as other stateemployed custodian staff. <>>> Integrated Substance Use Disorder Treatment Program (ISUDTP) Expansion. Although many stations and lobbies will be closing, individuals who are released from prisons often rely on locomotive transportation to get to their county of last legal residence. 3 0 obj This is notable because the overall level of funding being requested for ISUDTP is closely connected to the size of the inmate population. Special Conditions Added written rules that help your chances of finishing parole. Accordingly, we recommend the Legislature withhold action on the proposal and direct the department to submit a revised proposal at the May Revision. Level of Resources Requested Likely TooHigh. CalPIA is a semiautonomous state agency that provides work assignments and vocational training in a range of career fields to inmate workers and is funded primarily through the sale of the goods and services produced by these inmate workers. endobj Workgroups have different custody supervision and privilege levels, and are determined by a classification committee on a case-by-case basis. This will establish hearings for qualified offenders who are sentenced with an indeterminate sentence or a determinate sentence. We note that in 202021one year after ISUDTP was implemented169 of the 431 positions approved for the program in that year were vacant. After CDCR has fully implemented the new redaction software, its ongoing resource needs should become clearer. <>/Font<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Treatment plans are developed utilizing the American Society of Addiction Medicine (ASAM) Criteria. Increases Number of Custodian Supervisor Positions. Fax Request to: (916) 229-0002. CDCR - Recently Adopted Department Regulations California Department of Corrections and Rehabilitation Visitation Locate Inmate Find Facility News About Family & Friends Population Victims Careers Back to Adult Institutions, Programs and Parole Regulations Adult Institutions, Programs and Parole Regulations Sentencing guidelines allow judges to consider the individual circumstances of the case when determining a sentence, whereas mandatory minimum and enhanced-sentence statutes leave little or no discretion to judges in setting the terms of a sentence. Inmate Health Care Facilities Have Been WellMaintained. The CDCR proposed updated emergency regulations in December of 2021, in which inmates who participate in programs such as firefighting and are non-violent, may be released from prison early. Through inperson and correspondence courses, many inmates obtain associates degrees. ISUDTP Expanded Availability of MAT. As shown inFigure1, the average daily inmate population is projected to be 112,900 inmates in 202223, an increase of about8,300 inmates (8percent) from the estimated currentyear level. endobj endobj In addition, the proposal could increase the number of inmates who obtain sentencing credits for earning bachelors degrees, which would create state savings from reduced prison sentences. The parolees obligation to report to their parole agent when told to report or a warrant can be issued for their arrest. In addition to CBT programs designed for SUD treatment, the department offers CBT programs designed to address rehabilitative needs such as criminal thinking and anger management. Direct CDCR to Revise the Proposal at the May Revision to Reflect Updated Population Projections. Updated statistics showing the impact of these regulations are included below. 202122 Funding for CDCR COVID19 Response. Those . The measures will increase both capacity and physical space at the states prisons, which will allow the department to increase physical distancing, and assist it with isolation and quarantine efforts for suspected or positive COVID-19 cases. The additional custodian supervisors would allow the HFM program to transition from an average ratio of 1 custodian supervisor per 40civil service and inmate custodians to an average ratio of 1custodian supervisor per 20 civil service and inmate custodians by 202324. CDCR also began requiring that counselors delivering CBT programs be certified Alcohol and Other Drug counselors, a requirement that was often waived before ISUDTP was implemented. The Governors budget proposes an $8.6million General Fund augmentation in 202223 (increasing to $10.5million annually in 202324) to CDCR for the HFM program to service additional health care facilities thereby increasing funding for the program from $59million to $67.6million. Accordingly, the state did not provide dedicated funds to establish these three bachelors degree programs. Approve Resources on LimitedTerm Basis. A California lawmaker wants to increase the 'gate money' that people receive upon release from prison for the first time in nearly 50 years. The Governors budget for 202223 proposes a total of 21.6 new positions and a $2.8million ongoing General Fund augmentation forCDCR to perform redaction workload. EMC is awarded for completion of high school diploma or equivalency programs, higher education degrees, or the Offender Mentor Certification Program (OMCP). This is because the department has not been able to explain: (1)howmuch funding from vacant positions was used to support the programs; (2)what the vacant positions were intended for; (3)why the positions were vacant; (4)why the funding from the vacant positions will no longer be available (including what the funding will now be used for); and (5)what the operational impacts would be if the Legislature redirected the vacant position funding for other purposes, such as expanding bachelors degree programs. There have been 246 inmates and 50 staff who have had COVID19related deaths. For example, the CBT programs CDCR offers as part of SUD treatment are intended to help individuals identify and adjust their thought processes regarding substance use to avoid future use. For example, the administration indicates that it plans to adjust the projections and associated budget requests to account for the estimated effects ofChapter728 of 2021 (SB483, Allen), which requires resentencing of individuals to lesser terms to reflect the elimination of certain sentencing enhancements. stream The parolee must possess a note from the parole agent approving this, and it must be carried at all times. The parolees obligation to tell their parole agent, within three days, if they get a new job. 202122 COVID19Related Funding. Elderly Parole Eligible Date (EPED) - the date determinately and indeterminately-sentenced offenders are eligible for a parole hearing once they have served 25 years of incarceration and have reached the age of 60, based on the Three-Judge Panel's 2014 court order; offenders sentenced to life without the possibility of parole or condemned . As a part of the May Revision, the administration will update these budget requests based on updated population projections. This score may change over time based on individual behavior and specific case factors. Most of these inmates are housed in the states 34 prisons and 34 conservation camps. (ECF Nos. CDCR is following current CDC and CDPH guidelines for testing. For more information visit the ICE website. We note that the department has initiated an analysis of its space needs, which is currently in the process of being revised to account for the impacts of COVID19related restrictions (such as limits on the number of people who can occupy the same room). Most offenders are sentenced to California state prison for a set amount of time under the Determinate Sentencing Law (DSL). The projected decrease in the parolee population is primarily due to recent policy changes that have reduced the length of time people spend on parole by allowing them to be discharged earlier than otherwise. Victims or victim next-of-kin who are registered to receive notification will receive information regarding the date and location of the hearing, and have the right to attend and participate in the medical parole hearing process. We withhold recommendation on the administrations adult population funding request until the May Revision. & Rehabilitation, California Department of Corrections and Rehabilitation Announces the Planned Closure of Chuckawalla Valley State Prison (Dec. 6, 2022), https://www.cdcr.ca.gov/news/2022/12/06/california-department-of-corrections-and-rehabilitation-announces-the-planned-closure-of-chuckawalla-valley-state-prison/. Victims can request notification of the offenders status by submitting the form to the ICE Victim Notification Program. The parolees obligation to report upon release from prison or jail. There are various factors that could limit the departments ability to expand ISUDTP as proposed by the Governor. The NIDA Quick Screen consists of a series of scored questions about prior substance use. Typically, these steps occur within 30-60 days of an offenders expected release date: The Department anticipates on-site strike teams to lead the pre-release coordination. Direct parolee placements into community-based licensed residential treatment or reentry and recovery housing programs. 4 b illion from the General Fund to support the department's operations. In addition to the transfer suspension and the expedited release of non-violent inmates to parole and PRCS, approximately 480-530 inmates living in dorms will be transferred to other prisons with unoccupied buildings or space available. CDCR parole offices are located throughout California. No person in this cohort will be released without proper victim notification being made. According to the department, this is because the funding supporting those programs will no longer be available beginning in 202425 (for the CSULA program) and 202223 (for the three subsequently established programs). CDCR = California Department of Corrections and Rehabilitation. For example, last year, as part of its justification to provide inmates with laptops to facilitate remote participation in academic programs, the department noted the challenge of physical space limitations at the prisons due to a lack of sufficient classrooms. The revised proposal should include adequate justification for the identified expenditures (such as estimates of the number of staff and inmates needing testing and personal protective equipment) and account for revised projections of the inmate population and any changes in pandemic conditions. We find that the Governors proposal to expand ISUDTP to the entire inmate population has merit. The 202021 Budget Act includes a total of $13. As part of the 201415 budget, $15million in ongoing General Fund support was provided to CDCR to expand the program to health care facilities at all prisons statewide. At the time of this analysis, CDCR was not able to provide sufficient information to fully justify the estimated COVID19 direct response costs. We will continue to monitor CDCRs population and make recommendations based on the administrations revised population projections and budget adjustments included in theMay Revision. Accordingly, it is likely that the Governors proposal will need to be revised in the spring based on updated data. CDCR does not have an expected start date but is working as quickly as possible to immediately implement this plan. This amount reflects a decrease of $172million (about 1percent) from the revised 202122 level. Kitchen knives must be kept in your kitchen. Similarly, estimates for the amount of resources necessary to assess inmates SUD treatment needs assume that 3,000 inmates will be admitted each month. CDCR anticipates that up to approximately 3,500 incarcerated persons would be initially eligible under these guidelines. Specifically, it would provide a new aftercare program to inmates who have completed treatment but remain incarcerated and additional programs for inmates who are not improving or are worsening following treatment. As discussed in detail earlier in this brief, the projection of the inmate population for 202223 as assumed in the Governors budget is likely to be revised downward at the May Revision. All releases since that date are those who have served their full sentence as determined by the law, CDCR cannot hold anyone past their scheduled release date. As previously mentioned, CDCR intends to contract with the University of California to evaluate various aspects of ISUDTP. In correspondence courses, inmates receive their lessons and assignments in packets that are delivered through the mail. Contract providers must demonstrate that their programs include these elements and that they are being followed. CDCR requires all parolees to follow conditions of parole, which may include such special conditions as no contact with the victim or victims family or that the parolee may not be allowed within 35 miles of the victims actual residence if convicted of certain violent felonies. *A non-violent inmate is an inmate not serving a term of incarcerationfor a violent felony offense as defined by PC 667.5 subdivision (c). Once the offender serves the specific time the offender is released to either parole or probation supervisor. Expanding Higher Education Is Promising The Governors proposal to expand access to higher education opportunities is promising because various studies show that higher educationwhen well designed and implemented effectivelyreduces the number of offenders who recidivate (or reoffend) and that the resulting correctional savings can more than offset program costs. 10 days of credit may be awarded to someone who completes 52 hours of approved programming in a 12-month period. This does not include incarcerated persons released from fire camps. In November 2016, California voters overwhelmingly passed Proposition 57, the Public Safety and Rehabilitation Act of 2016. What's the normal release process? Once at-risk of homelessness or housing instability placements are made into community-based parolee programs, the Department anticipates being able to fund approximately five months of reentry and recovery services for the increased number of offenders in community reentry programs. In November 2016, California voters overwhelmingly passed Proposition 57, the Public Safety and Rehabilitation Act of 2016. The parolees obligation to not be around guns, or things that look like a real gun, bullets, or any other weapons. In addition, about 650 juvenile wards are housed in facilities that are currently operated by CDCRs Division of Juvenile Justice, which includes three facilities and one conservation camp. For example, in order to assess inmates more rapidly, the department plans to use the ASAM CoTriagea condensed version of the full ASAM diagnostic tool currently used. However, because CDCR is currently implementing software that it expects to significantly improve the efficiency of redaction work, it is possible that the department will not need all of the requested resources on an ongoing basis. Eligible offenders who are not currently in the boards hearing cycle (i.e., those who are serving a determinate term or serving an indeterminate term and have not yet had their initial parole suitability hearing), will be referred by CDCR to the board and scheduled for an initial suitability hearing. Increasing the amount of GCC provides a compelling reason for individuals to positively program, as GCC may be forfeited due to disciplinary action. Offenders sentenced to determinate sentences are sentenced to a specific amount of time, such as seven years. Based on our discussions with the administration, this was likely driven by an assumption that admissions to prison would be higher between July and December 2021 than they actually were. Those needing this form of transportation will receive a flyer in their release package allowing them to ride the train to their destination regardless of whether they have release funds available. Additionally, we recommend that the Legislature direct CalPIA to report the amount of the requested funding associated with changing the custodian supervisor ratio separately. Governors Proposed Budget. Within the last two years, four additional state prisons began offering inperson bachelors degree courses through the CSU system: Folsom State Prison and Mule Creek State Prison (through CSU Sacramento) and Central California Womens Facility and Valley State Prison (throughCSUFresno). While we acknowledge that these problems could impact the program in other ways, CalPIA has not provided evidence that this is the case, including the extent to which the additional custodian supervisors proposed would in fact alleviate such impacts. Figure3 provides information on the level of funding proposed for each activity. Section 3379 - Inmate Transfers. All requests should include an Authorization for Release of Protected Health Information / Eligible offenders who are currently in the boards hearing cycle (i.e., those who have already had their initial suitability hearing or will have it before October 1, 2014) will be considered for a new hearing consistent with the California Supreme Courts decision in In re Vicks, meaning the board will initially focus its resources on those offenders who are most likely to be found suitable for parole. We find that the proposal has merit. 22-004 Bargaining Unit 6 Agreement with the California Department of Corrections and Rehabilitation (CDCR), Division of Juvenile Justice (DJJ) Regarding the Implementation of Amity Foundation Services. Second, for those without coordinated transportation plans or for plans that do not come to fruition, CDCR will coordinate delivery of individuals to public transportation, extra steps will be taken if local public transit is closed, including coordinating with community reentry partners.For more complex, compromised, or vulnerable populations, statewide transportation will be coordinated to drop individuals off in their counties of last legal residence. For example, the CSULA programthe first program to be establishedwas a recipient of a philanthropic grant and obtained federal designation as a Second Chance Pell Institution. On March 11, CDCR suspended normal visiting, On March 16, CDCR suspended family visiting. For example, the department has not provided projections of the number of inmates and employees requiring tests, costs per tests, or the amount of expected overtime that led to these projections. However, the level of resources requested are likely too high given that the inmate population will likely be lower than expected and various factors could limit the expansion of the program. However, in recent years, CDCR has increasingly had difficulty having adequate classroom space. Given that CDCRs ongoing need for the requested resources for redaction is unclear, we recommend the Legislature approve the proposed positions and funding on a twoyear, limitedterm basis (rather than on an ongoing basis as proposed by the Governor). (The department reports only 43of the 431 positions are currently vacant.) In its current phase of implementation, ISUDTP targets inmates who (1)are entering prison having started a form of SUD treatment known Medication Assisted Treatment (MAT), (2)have a history of SUDrelated hospitalizations or overdoses, or (3)are within 15 to 18 months of release from prison. 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