As part of ISUDTP, CDCR revised and modified CBT programs in ways intended to better address inmates SUD treatment and rehabilitative needs. According to CalHR, the previous guidelines, which recommended 1custodian supervisor to oversee between 8and23custodians, have expired and are no longer ineffect. Proposition 47 resentencing or nonviolent parole process). The NIDA Quick Screen consists of a series of scored questions about prior substance use. Who are you releasing? 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. 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. 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. CDCR is expected to recalculate EPRDs and MEPDs in accord with the new regulations. CDCR requires all parolees to follow conditions of parole, which may include such special conditions as no contact with the victim or victim's family or that the parolee may not be allowed within 35 miles of the victim's actual residence if convicted of certain violent felonies. Advisement that the parolee, their residence, and possessions can be searched at any time of the day or night, with or without a warrant, and with or without a reason. However, the proposal to change the ratio of custodian supervisors to civil service and inmate custodians appears unnecessary. . 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). There have been 246 inmates and 50 staff who have had COVID19related deaths. California is taking aggressive and unprecedented steps to confront this crisis, including suspending intake from county jails for 30 to 60 days and transitioning nearly 3,500 non-violent inmates to parole and PRCS within the next few weeks, together freeing-up nearly 6,500 beds total over the next several weeks. 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. Specifically, the control section allows the Department of Finance (DOF) to reduce or shift resources between the nine departments, as well as to shift the budgeted resources to other departments, for COVID19related activities, upon tenday notification to the Joint Legislative Budget Committee (JLBC). Local parole staff will immediately work with the release cohorts to finalize all parole plans including identification of individuals needing critical services upon release. 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. Increasing the amount of GCC provides a compelling reason for individuals to positively program, as GCC may be forfeited due to disciplinary action. The parolees obligation to report to their parole agent when told to report or a warrant can be issued for their arrest. This suggests that the proposed budget overestimates the inmate population and associated funding in 202223, potentially by several thousand inmates and roughly $100million. The Governors budget also proposes 54 additional custodian supervisor positions in 202223 (increasing to 72 in 202324). What is the process for offenders receiving parole hearings? The procedures for the new Elderly Parole Program will affect parole suitability hearings scheduled on or after October 1, 2014. 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. Unrelated to fire camp credits, CDCR sought to increase credits to 66 percent conduct credits. Mentally Disordered Offenders & Sexually Violent Predators. Fri 18 Feb 2022 06.00 EST Last modified on Fri . CSU Los Angeles (CSULA) started offering courses in 2016 at California State Prison, Los Angeles (LAC) and became the first university through its Prison Graduation Initiative to graduate 25 inmates with a Communications bachelors degree in the fall of 2021. The advanced tools of the editor will lead you through the editable PDF template. endobj 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. Increases Funding for CDCRs Contract With CalPIA. We find that the additional custodian supervisors to reflect a different staffing ratio are unnecessary. CalPIA Trains and Pays Inmate Workers to Clean Facilities. 22-004 BU 6 CDCR DJJ Implementation of Amity Foundation Services 03-16-2022. Modified the delivery of non-emergent health care procedures such as routine dentals cleanings to redirect supplies of PPE. 38, September 23, 2022. In addition to inmate custodians, CalPIA employs state civil service staff in the custodian classification as part of the HFMprogram. (Wenote that the administration has also requested the Legislature to take early action to augment the amount available for CDCR in 202122 by $206million for increased costs associated withtesting. The parolees obligation to tell their parole agent immediately if they get arrested or get a ticket. Second, the proposal adds to the types of treatment available through ISUDTP. How you can complete the CCW CDC form on the web: To begin the form, use the Fill camp; Sign Online button or tick the preview image of the blank. & 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/. TheGovernors budget proposes $126.6million General Fund in 202223 (increasing to $163million annually in 202324) to expand the number of inmates treated through ISUDTP and modify the program in various ways. Integrated Substance Use Disorder Treatment Program (ISUDTP) Expansion. 4 0 obj For example, for inmates in MAT near their release date, a multidisciplinary teamincluding nursing staff and social workershelp ensure treatment continues after their release, such as by scheduling and arranging transportation to initial health appointments, securing records, and coordinating with service providers in the community. The Governors budget proposes $425million onetime General Fund in 202223 for COVID19 response activities, such as testing for staff and inmates. As previously mentioned, CDCR intends to contract with the University of California to evaluate various aspects of ISUDTP. The California Department of Corrections and Rehabilitation (CDCR) is committed to continually improving the Public Inmate Locator System web experience to locate inmates. For example, it is unclear why the programs supported with vacant position funding will now require dedicated funds to continue to operate. The Department estimates that each 30-day cohort will take approximately five calendar days of internal operational work based upon the detail provided below. Conditions of Parole Written rules that you have to follow. Inmate Health Care Facilities Have Been WellMaintained. Parole anticipates creating local office and headquarters strike teams, each with a specific subset of pre-release activities. The average daily parolee population is projected to be 43,000 in 202223, a decrease of 4,700 parolees (20percent) from the estimated currentyear level. The contract will terminate in March 2024. HARenHdh4(zsw/]Fy"z/ia>_EeHEQf_0qLV%Pm[iJN7/_({`4SQ/D?|G7}{j/>0XO/?3T4Z4:`BbTR%78$FQy?jzNM\LOT 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. As a result, reports will be filed in March, June, September, and December until further order of the Court. Since the start of the pandemic, CDCR has implemented several restrictions and operational changes to reduce the spread of the virus within its institutions. CDCR is CalPIAs largest customer, accounting for over twothirds of all sales in 202021. Thisdecrease in cost is partially offset by projected cost increases, primarily due to an increase in the number of inmates estimated to need mental health care relative to what was assumed in the 202122 Budget Act. These new measures build on many others already taken to reduce the risk of COVID-19 to all who work and live in the state prison system. Furthermore, as noted above, the administrations current projections do not account for the effects of Chapter728. California no longer houses incarcerated persons out of state. We will be notifying all probation departments of any release date changes. Direct CDCR to Revise the Proposal at the May Revision to Reflect Updated Population Projections. This can be done by a parole agent or police officer. 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. What happens when an inmate is on condemned status? Penal Code Section 3550 requires that any prisoner who the head physician for the institution where the prisoner is located determines, as provided, is permanently medically incapacitated with a medical condition that renders the prisoner permanently unable to perform activities of basic daily living, and results in the prisoner requiring 24-hour care, and that incapacitation did not exist at the time of sentencing, shall be granted medical parole, if the Board of Parole Hearings determines that the conditions under which the prisoner would be released would not reasonably pose a threat to public safety. The ASAM Criteria is a diagnostic tool that allows clinicians to assess various dimensionssuch as the presence of other related medical and behavioral health conditionsthat research has found can impact the effectiveness of SUD treatment types. In addition, CalPIA indicates that an insufficient number of custodian supervisors has led to custodian supervisors not properly keeping inventory, not providing timely evaluations to custodians, not ensuring that the frequency of sanitation is reviewed daily, and allowing overfraternization between civil service and inmate custodians. This is notable because the overall level of funding being requested for ISUDTP is closely connected to the size of the inmate population. Trends in the Adult Inmate and Parolee Populations. Various Factors Could Limit Ability to Expand ISUDTP. Approve Resources on LimitedTerm Basis. Determinately-sentenced nonviolent offender parole process: The 201920 Budget Act provided $71million from the General Fund and 280 positions (increasing to $165million and 431 position in 202122 and ongoing) for CDCR to implement ISUDTP. Third, the proposal makes various modifications to existing ISUDTP services. 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. Proposed Expansion and Modifications Merit Consideration. (We note that inmate workers employed by CDCR to carry out other work assignments were paid an average of $.36 per hour between February2019andFebruary2020, the most recent data readily available.). In July 2020, CDCR announced an additional series of release actions in an effort to further decompress the population to maximize space for physical distancing, and isolation/quarantine efforts. Immediately before release, all inmates are screened for symptoms of influenza-like illness (lLl) including COVID-l9. Effective January 1, 2022, CDCR again changed its credit regulations, as described on pages 3-4 of this letter. CDCR is following current CDC and CDPH guidelines for testing. In addition, the 202122 Budget Act provided OLA with about $500,000 and four positions to handle Chapter988 workload on an ongoing basis. The BPH accepts as fact the guilty verdict imposed by the courts. 4,344 incarcerated persons released between September 1 and November 30, 2022 earned an estimated average of 187.5 days of additional credit towards their advanced release date. The parolees obligations to receive a travel pass before they can leave the State. Approve Provisional Budget Language Requiring Unspent ISUDTP Funds to Revert to the General Fund. Accordingly, we withhold recommendation onthe proposal until that time. Net Reduction in CurrentYear Population Funding and Net Increase in BudgetYear Funding. In addition, the proposal will likely need to be revised to account for a lower inmate population and changes in pandemic conditions. Peoplewho are addicted to certain substances (such as opioids or alcohol) can develop a chemical dependency. Under ISUDTP, MAT was made available at all prisons for inmates involved in the program. 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. 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. First, the proposal extends assessment to all inmates, andwhen necessarytreatment and release planning services, as originally intended by CDCR when the program was established. Also under Proposition 57, a process for parole consideration was established for eligible people convicted of nonviolent crimes. We note that in 202021one year after ISUDTP was implemented169 of the 431 positions approved for the program in that year were vacant. 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. Any person may submit written comments about the proposed regulations by e-mail to [email protected] or by mail to the California Department of Corrections and Rehabilitation (CDCR), Regulation and . Note: In most cases, the offender will not be present for this hearing. Accordingly, we recommend that the Legislature only approve the costs associated with cleaning additional health care facilities. When fully implemented, the funding would allow CDCR to serve 420 inmates annually, with 180of those inmates being served by newly established programs. On March 17, CDCR suspended access to institutions by volunteers and rehabilitative program providers. (These amounts do not reflect anticipated increases in employee compensation costs in 202223 because they are accounted for elsewhere in the budget.) Impact of COVID19 on CDCR. Enter your official identification and contact details. Inmate custodians are currently paid between $.35 and $1.00 per hour for their work. The population of California City Correctional Facility, Californias only private prison, is approximately 1,851 incarcerated persons as of December 14, 2022. 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 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. 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. 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. However, the overall level of resources has generally not been adjusted each year since then to account for changes in the target population. As a designated Second Chance Pell Institution, CSULA was able to receive federal funds to supportthe program. For example, CalHR is currently in the process of developing new guidelines on the ratio of custodian supervisors to custodian staff. (ECF Nos. These strike teams will receive three individual cohorts of 30-day releases to implement the local operational plans necessary (e.g., final record reviews, release, coordinating transportation) to coincide with the release timelines. Although Departmental community programs are typically designed for parolees with substance use disorders, for this release cohort the available community capacity will be leveraged for individual parolees at risk of homelessness or who have housing instability; Complete benefit application packages to ensure each release (parole and probation) has completed and submitted a benefit application to all applicable agencies (e.g., Supplemental Security Income, Medi-Cal, Veterans Assistance); Coordination on completion of the California Identification Card (Cal-ID) applications not already completed. Four of the five existing inprison bachelors degree programs were established without dedicated funding being provided directly through the state budget. 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. This brief provides our analysis of several of the Governors major proposals related toCDCRoperations. CDCR did so amid litigation challenging additional credits for serious and violent offenders. 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. In correspondence courses, inmates receive their lessons and assignments in packets that are delivered through the mail. An award of up to 12 months of credit may be awarded to those who have performed a heroic act in a life-threatening situation or who have provided exceptional assistance in maintaining the safety and security of a prison. This does not include incarcerated persons released from fire camps. 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. 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. Nt@UM*Kc(grr ,E3=#_fS=YExi:H'zZ'5Y;DN~+uIg+;NH~8*4\$b"N>cvz zc. Defendants have complied with the population cap for over seven years. The parolees obligation to follow their parole agents instructions. CDCR holds various types of recordsincluding emails, personnel files, video, and audiorecordingswhich it may be required to release under various circumstances, such as pursuant to the California Public Records Act (PRA) or due to litigation. CDCR = California Department of Corrections and Rehabilitation. CalPIA also employs state civil service custodian supervisors to oversee both the civil service and inmate custodians. Accordingly, the majority of goods and services produced by CalPIA are sold to state departments. 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. Click here for information on the parole proceeding process. Box 588500 Elk Grove, CA 95758. *Please note, beginning April 2022, generation of the status reports and filings have changed from monthly to quarterly. To accomplish this, as we discuss in more detail below, ISUDTP changed the way CDCR assesses inmates need for SUD treatment, provides SUD treatment and rehabilitation programs, and conducts the inmate release planning process. CDCR Reports Growing Redaction Workload. Asof January 12, 2022, the inmate population was 99,100and the administration indicated that the backlog of people housed in jails waiting to be admitted to prison had largely been eliminated. Specifically, the department reports that overdoserelated deaths declined by 64percent and overdoserelated emergencies and hospitalizations declined by 27percent. 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. Complete necessary administrative paperwork triggering the formalization of the release process. Proposal Likely Will Need to Be Revised. While the effectiveness of the program is not clear, initial data showthat SUDrelated deaths, emergencies, and hospitalizations have decreased since the program began. For example, it possible that other actionssuch as additional trainingwould address the identified problems in a more effective and efficient manner. For example, the department estimates it needs $114million for medication and other materials based on its estimate that 25,445 inmates will require MAT. We will continue to monitor CDCRs population and make recommendations based on the administrations revised population projections and budget adjustments included in theMay Revision. An audit of all legal and commitment documents; Verification of release date calculation and check for current warrants through the California Law Enforcement Telecommunication System; Coordination of potential warrants through local jurisdictions allowing release or transfer to county jails; Notification of sentence discrepancies to the local court and opportunity for review, which may ultimately change an individuals release date; Supply any necessary notifications to local jurisdictions or victims before release; and. 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. CalPIA Provides Goods and Services to State Departments. Accordingly, we recommend the Legislature direct CDCR to provide a revised ISUDTP proposal at the May Revision that is adjusted to reflect a lower inmate population. Accordingly, it appears that these problems are not significant enough to impact the quality of service provided by HFM. CDCR anticipates that up to approximately 3,500 incarcerated persons would be initially eligible under these guidelines. This information would allow the Legislature to determine what level of state funding is necessary to the extent it wants to maintain and/or expand bachelors degree programs forinmates. Inaddition, the department reports that it is in the process of implementing software that it expects to greatly improve the efficiency of redaction work throughout the department. 10 days of credit may be awarded to someone who completes 52 hours of approved programming in a 12-month period. CalPIA Also Employs Civil Service Custodians. The parolees obligation to tell their parole agent about a new address before they move. [1] On December 6, 2022, CDCR announced that it will not renew its lease with CoreCivic for the California City Correctional Facility. GCC is awarded to eligible individuals who comply with all the rules within a prison and perform their duties as assigned on a regular basis. CDCR does not currently have a timeline for if/when, those vacant contract beds will be utilized. The department is currently notifying victims of offenders who are in the 60-day cohort of expedited releases. Effective December 28, 2021, the following GCC rates are in place for eligible incarcerated people. At the time ISUDTP was established, CDCR indicated that its goal was to make the program available to all inmates in need of treatment upon full implementation. 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. Information about these regulations can be found at https://www.cdcr.ca.gov/proposition57/. Increases Number of Custodian Supervisor Positions. GCC is determined in part by which workgroup an incarcerated person is in. The 202021 Budget Act includes a total of $13. Before such records can be released, sensitive informationsuch as names of witnesses or individuals medical informationmust be redacted from the records. The Governors 202223 budget proposes $425million onetime General Fund for CDCR COVID19 response activities including testing, vaccination surge capacity, custody overtime, and cleaning. The parolees obligations to receive a travel pass before they leave the county for more than two days. 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. As of January 12, 2022, CDCR housed about 99,110 adult inmates in the state's prison system. 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. No person in this cohort will be released without proper victim notification being made. endobj Section 3379 - Inmate Transfers. Copyright 2023 California Department of Corrections & Rehabilitation, Back to California Department of Corrections and Rehabilitation, Public Information Officers (PIOs) at Adult Institutions, Good Conduct Credit Frequently Asked Questions, Proposition 57 Frequently Asked Questions, Determinately-Sentenced Nonviolent Parole Process, Indeterminately-Sentenced (Third Striker) Nonviolent Parole Process Frequently Asked Questions, Implementation Plan for the McGhee Decision (Proposition 57 Parole Consideration for Nonviolent Offenders), Office of Victim & Survivor Rights & Services, Non-Designated Programming Facilities FAQ, Full-time work, educational or training assignment; or full/partially disabled but otherwise eligible, Willing to program but on waiting list for an assignment or unassigned awaiting adverse transfer, Being disciplined for refusing to work or failing to program, In segregation units for serious disciplinary issues, Minimum custody or otherwise eligible for minimum custody, Full-time conservation camp workers and people training for those jobs. On March 11, CDCR suspended normal visiting, On March 16, CDCR suspended family visiting. Because of this change, an offender may be transferred to a different institution. According to CalPIA, internal and external audits have found that the HFMprogram has maintained an appropriate level of sanitation and cleanliness of CDCRs health care facilities. MCC is awarded in increments of not less than one week, but no more than 12 weeks, in a 12-month period. 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. Those who demonstrate that their release would not pose an unreasonable risk of violence to the community may be eligible for release upon serving the full term of their primary offense when an alternative sentence has been imposed. Based on the screening questions, temperature reading, and health care staffs clinical judgement, the individual will either be released or held for further observation, but ultimately the department does not have the authority to hold inmates past their scheduled release date. We recommend that the Legislature withhold action on the Governors proposal to maintain and expand the number of prisons offering bachelors degree programs, as well as direct the administration to provide information, no later than April 1, 2022, on why the funding currently supporting four of the five existing bachelors degree programs will no longer be available in 202223. Overall level of resources has cdcr inmate release process 2022 not been adjusted each year since then to account for the program in year! Travel pass before they can leave the state the mail reflect a different Institution Californias only private prison, approximately! 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