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. 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 . Figure3 provides information on the level of funding proposed for each activity. The screening includes asking an individual if they have a cough, fever and/or difficulty breathing, and taking their temperature. Special Conditions Added written rules that help your chances of finishing parole. We withhold recommendation on the administrations adult population funding request until the May Revision. %PDF-1.5 Accordingly, the state did not provide dedicated funds to establish these three bachelors degree programs. Parole anticipates creating local office and headquarters strike teams, each with a specific subset of pre-release activities. On March 19, incarcerated movement was restricted to only essential movement under the following scenarios: Transfer from reception centers after being assessed by medical and other staff, To Male Community Reentry Program, Custody to Community Transitional Reentry Program, Alternative Custody Program, and Health Care Placement Oversight Program, Modified Community Correctional Facilities due to deactivation efforts, On March 24, transfers into MCRP, CCTRP, ACP were suspended through April 6, and transfers to Conservation Camps suspended were until further notice. Inmate Health Care Facilities Have Been WellMaintained. [3] This number excludes incarcerated persons who were eligible for Proposition 36 resentencing but released in other ways (e.g. 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. Increases Funding for CDCRs Contract With CalPIA. The BPH accepts as fact the guilty verdict imposed by the courts. Created several handouts, posters and continually updated video messaging for the population about COVID-19 and what CDCR and CCHCS is doing to respond to the virus. Additionally, during the COVID-19 epidemic, CDCR has been working with Amtrak to provide additional support. Third, the proposal makes various modifications to existing ISUDTP services. Accordingly, to the extent the inmate population or admissions are lower than projected, it would reduce the level resources necessary for the program under the Governors proposal. Accordingly, it appears that these problems are not significant enough to impact the quality of service provided by HFM. Inmate custodians are currently paid between $.35 and $1.00 per hour for their work. This will establish hearings for qualified offenders who are sentenced with an indeterminate sentence or a determinate sentence. First, the department will query the releasing population for those who have someone available to pick them up from their local institution as the first available option. Additionally, some offenders have added special conditions of parole, which are unique to each person. 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. Five Prisons Have California State University (CSU) Bachelors Degree Programs. According to CalPIA, additional custodian supervisors are necessary to (1)oversee the services in the additional health care facilities that the HFM program would service under the Governors proposal and (2)adhere with the guidelines previously issued by CalHRand now expiredon the ratios of supervisors to custodians. Recent Resources Provided for Redaction Workload. Several Programs Were Established Without Dedicated Funding. Education and vocational programs are available to offenders. These programs also qualify an offender for work time credits and continued participation is dependent on the offenders good behavior. Click here for more information on the program. Box 588500 Elk Grove, CA 95758. The review of offenders eligible for potential expedited release include all health care and mental health populations (e.g., individuals with skilled nursing facility needs, enhanced outpatient or mental health crisis-bed level of mental health care). After CDCR has fully implemented the new redaction software, its ongoing resource needs should become clearer. 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. Additionally, the department anticipates shifting some heavier institutional workload across the state system to avoid disparity in workload impacts and have all institutions share equally in the pre-release workload. Accordingly, inmates who are part of ISUDTP are assigned to SUD treatment based on whether they are assessed to have a medical need for such treatment. Eligible offenders may also continue to petition to advance their next hearing pursuant to the provisions of Penal Code section 3041.5(d). Those measures include: Copyright 2023 California Department of Corrections & Rehabilitation. Fax Request to: (916) 229-0002. 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. Determinate sentencing covers sentencing guidelines, mandatory minimum sentences, and enhanced sentences for certain crimes. The total points accrued indicate whether a treatment plan needs to be developed to address an inmates need. CDCR = California Department of Corrections and Rehabilitation. 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. Increases Number of Custodian Supervisor Positions. MCC is awarded for successful completion of rehabilitative or educational programs designed to prepare participants to find employment upon release. California Prison Industry Authority (CalPIA) Janitorial Expansion. Questions regarding capital punishment and condemned inmates. As part of ISUDTP, CDCR has taken steps to modify the release planning process in order to better connect inmates to programs in the community based on their . The 202122BudgetAct also includes a control section regarding the General Fund resources appropriated to nine specific departments (including CDCR) for COVID19related activitiestotaling $1.7billion. 180 calendar days may be awarded for completion of a high school diploma or high school equivalency approved by the Department of Education, successful completion of associate, bachelors and post-graduate degrees, and the OMCP. Offenders sentenced to determinate sentences are sentenced to a specific amount of time, such as seven years. The parolees obligations to receive a travel pass before they can leave the State. In addition, cases have increased recently since Omicron became the prevailing COVID19 variant in California. 4 0 obj We are working closely with probation departments, along with county sheriffs and all law enforcement partners, to ensure open lines of communication to immediately address issues as they arise. To the extent the Legislature chooses to approve additional funding for ISUDTP, we recommend the approval of provisional budget language requiring that any budgeted funds not spent on the program revert to the General Fund. Additional Resources for Redaction Workload. The Board is required to give great weight to the diminished responsibility of juveniles as compared to adults. CDCR is following current CDC and CDPH guidelines for testing. The provisions of medical parole do not apply to any prisoner sentenced to death or life in prison without possibility of parole. Two years ago, as part of his January budget proposal for 202021, the Governor proposed General Fund resources to expand bachelors degree programs to additional prisons modeled on the CSULA program offered at LAC. What happens when an inmate is on condemned status? In addition to the staggered release approach to minimize transportation concerns and high numbers of releases to certain counties, the department is taking the following approach. In addition, the proposed 202223budget includes a modified version of the control section that was in the 202122 budget to also allow DOF to increase the amount budgeted for COVID19 response during 202223 subject to tenday JLBC notification. The state also periodically suspended intake from county jails to reduce the likelihood of spreading COVID19 during the intake process and reduce the density of population in state prisons. 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. The regulations adopted May 1 quickly sparked a lawsuit by 44 California prosecutors complaining the rules would speed up the release of 76,000 inmates, despite CDCR's insistence that "this is not . 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. Withhold Recommendation Until May Revision. endobj Approve Resources on LimitedTerm Basis. The NIDA Quick Screen consists of a series of scored questions about prior substance use. Conditions of parole and special conditions of parole are simply defined as: A parole hearing is a hearing to determine whether an offender is suitable for release to parole supervision. The proposal assumes federal funds would be accessible to most participating inmates and estimates that participants will be enrolled on a fulltime basis at a cost of about $10,000per inmate. Community college classes are available at 33 out of 34 state prisons for inmates who have completed their high school graduation requirement or equivalency. MCC is awarded in increments of not less than one week, but no more than 12 weeks, in a 12-month period. 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. These civil service custodians work alongside the inmate custodians. 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. The 202122 budget includes $59million to support CDCRs contract with CalPIA for the HFM program. The expedited releases of eligible individuals with 180 days or less remaining on their sentences began on a rolling basis in July. Through inperson and correspondence courses, many inmates obtain associates degrees. For example, the new services the department plans to offer will be evidencebased and therefore likely to be effective if implemented as designed. 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. All offenders who are released to the community for a period of parole supervision have Conditions of Parole imposed upon release. Accordingly, we recommend the Legislature withhold action on the proposal and direct the department to submit a revised proposal at the May Revision. COVID19 Direct Response Expenditures. 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). 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. To the extent there are similar difficulties in initially filling the requested positions, it would correspondingly reduce the level of funding needed for ISUDTP in the budget year. Lack of Detail on Break Out of Proposed Resources. Additionally, we recommend that the Legislature direct CalPIA to report the amount of the requested funding associated with changing the custodian supervisor ratio separately. It is anticipated that nearly two-thirds of those eligible for expedited release will be under county probation supervision and may need assistance finding reentry housing. Cleaning health care facilities requires special care; a high standard of cleanliness; and continued sanitation of medical equipment, furniture, and spaces to eliminate the possibility of transmitting illnesses between patients. Local governments are being encouraged to take advantage of Governor Gavin Newsoms Executive Order, which provides nearly $150 million to local governments to provide emergency shelter for homeless people or individuals at-risk of becoming homeless. CDCR conducts periodic on-site reviews that include verification of program delivery consistent with contractual requirements. Offenders released from prison to state supervised parole are assigned a Parole Agent in the community where the offender will be living. According to the administration, it plans to adjust the level of resources for ISUDTP annually based on changes in the inmate population beginning in 202324. For more information visit the ICE website. Inmate Population Likely Overestimated. 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. For copies of status reports and other important filings pertaining to this case, submit a Public Records Act (PRA) request through CDCRs Public Records Portal. However, at the time of this analysis, the department was not able to provide sufficient information to justify the estimated COVID19 direct response costs of $425million in 202223. endobj We will be notifying all probation departments of any release date changes. Once sentenced to CDCR, the offender is sent to a reception center for processing and transfer to an institution. The purpose of a parole hearing is to determine if or when an offender can be returned to society. In addition, to expand ISUDTP beyond those it is currently serving, it will be necessary for CDCR to identify adequate space within its facilities, such as classroom space for CBT programs, to accommodate all inmates in need of treatment. In addition, we find that the proposed modifications to the program merit consideration. Simply stated, the standard conditions of parole are outlined below. CDCR has excluded people serving a sentence for domestic violence, which is not outlined in PC667.5 (c). In 202122, CalPIA expects to generate $248million in revenue from the sale of its goods and services and spend $245million to operate its programs. While such a decline in the projected inmate population could result in less COVID19 response costs than currently assumed in the Governors budget for 202223 (for example, fewer inmates requiring testing), it is also possible that changes in pandemic conditionssuch as the emergence of a new variantcould require more resources than currently proposed. We note that, at the time this analysis was being prepared, CalPIA was unable toprovide information on how much of the requested resources would support the expansion of the HFM program into additional health care facilities versus changing the ratio of custodian supervisors to civil service and inmate custodians. 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. Expands and Modifies ISUDTP. As part of ISUDTP, CDCR revised and modified CBT programs in ways intended to better address inmates SUD treatment and rehabilitative needs. Click here for more information on the parole process. Governors Proposed Budget. This would help facilitate legislative oversight of the planned ISUDTP expansion and allow the Legislature to reallocate any unused funds towards its General Fund priorities. Increased credit-earning opportunities for all incarcerated persons except the condemned and those serving life without parole sentences: Determinately-sentenced nonviolent offender parole process: Indeterminately-sentenced nonviolent offender parole process: Contracting for additional in-state capacity in county jails, community correctional facilities, private prison(s), and reduction of out-of-state beds: Expanded medical parole process for medically incapacitated incarcerated persons: Parole process for elderly incarcerated persons: Incarcerated Persons Released Under Proposition 36, Office of Public and Employee Communications (OPEC), https://www.cdcr.ca.gov/news/2022/12/06/california-department-of-corrections-and-rehabilitation-announces-the-planned-closure-of-chuckawalla-valley-state-prison/. Determinately-sentenced nonviolent offender parole process: 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. CalPIA Also Employs Civil Service Custodians. 3769/7423 (Jan. 18, 2022).) *Note: All eligible releases have been completed as of April 13. Apply a check mark to indicate the choice where required. But after California prison officials adopted the new emergency rules effective May 1, Marin was told his projected release date had been changed to April 2022 and, later, to September 2022, she said. Based on recent data provided by CalPIA, the HFM program maintains an average of 1custodian supervisor per 40 civil service and inmate custodians. Withhold Action Until the Department Can Provide Information on Current Program Funding. Specifically, OLA is responsible for managing PRA requests pursuant to Chapters 988 and 402 and DAI is responsible for managing other PRA requests as well as litigationrelated requests. Authority to approve transfers of foreign citizen offenders to their native countries to serve the remainder of their prison terms is delegated to the Executive Officer of the Board of Parole Hearings by the Governor under the provisions of Government Code section 12012.1. Initially, inmates will be safely moved to vacant housing units identified throughout the state to allow for physical distancing in dorm settings. The Board of Parole Hearings (BPH) reviews the parole suitability for any prisoner who was under 26 years of age at the time of his or her controlling offense. The Governors budget proposes $425million onetime General Fund in 202223 for COVID19 response activities, such as testing for staff and inmates. stream However, the proposal to change the ratio of custodian supervisors to civil service and inmate custodians appears unnecessary. CDCR Contracts With CalPIA to Clean Health Care Facilities. MAT is intended to combine SUD treatment services (such as CBT) with medications designed to reduce the likelihood of inmates relapsing while undergoing SUD treatment. ISUDTP Modified Existing Cognitive Behavioral Treatment (CBT) Programs. The inmate population has dropped by more than 21,000 from the roughly 117,000 in state prisons before the coronavirus pandemic, though partly because about 10,000 prison-bound inmates have been . Whether offenders are found suitable for parole is a judgment of the BPH hearing panel. As discussed earlier in this brief, the projection of the inmate population in 202223 is likely to be revised downward at the May Revision due to prison admissions being lower than expected in the early part of this year and the need to account for new sentencing changes that will reduce the population. The Governor proposes $5million General Fund (decreasing to $4.7million in 202425 and ongoing) and 15 positions to maintain and expand the number of prisons offering bachelors degree programs. CDCR anticipates that up to approximately 3,500 incarcerated persons would be initially eligible under these guidelines. On March 25, 2022, the Court granted Defendants unopposed motion to reduce the frequency of these reports from monthly to quarterly. The department also supervises and treats about 46,200 adult parolees and is responsible for the apprehension of those parolees who commit parole violations. This is notable because the overall level of funding being requested for ISUDTP is closely connected to the size of the inmate population. Mail requests to: Health Records Center P.O. No person in this cohort will be released without proper victim notification being made. The parolees obligation to not be around guns, or things that look like a real gun, bullets, or any other weapons. Any person may submit written comments about the proposed regulations by e-mail to RPMB@cdcr.ca.gov or by mail to the California Department of Corrections and Rehabilitation (CDCR), Regulation and Policy Management Branch (RPMB), P.O. 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. These offenders are have the possibility of parole, not the assurance of it. Proposal Likely Will Need to Be Revised. . 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). In order to allow inmates with associates degrees to receive bachelors degrees, several CSU campuses have begun offering inperson bachelors degree courses at neighboring prisons to inmates who satisfy the minimum requirements necessary for admission. We find that the proposed budget likely overestimates the projected inmate population and associated funding, potentially by several thousand inmates and roughly $100million. State law requires state agencies to purchase products and services offered by CalPIA whenever possible. To reduce transmission, staff and inmates are generally required to be masked and regularly tested. 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