Integrated Substance Use Disorder Treatment Program (ISUDTP) Expansion. The parolees obligation to tell their parole agent about a new address before they move. Through the HFM program, CalPIA provides cleaning supplies, trains inmate custodians to clean health care facilities, and provides oversight and auditing services. 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). (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. CDCR is amplifying actions to protect staff and inmates at the states institutions by implementing additional measures to help mitigate the spread of COVID-19. 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. The parolees obligation to not have a knife with a blade longer than two inches except a kitchen knife. While we find that the proposal is promising, the department has not provided information on why the funding currently supporting four of the existing bachelors degree programs will no longer be available. Proposition 47 resentencing or nonviolent parole process). Parole anticipates creating local office and headquarters strike teams, each with a specific subset of pre-release activities. ISUDTP Changed Process for Assessing Need for SUD Treatment. The currentyear net decrease in costs is primarily due to (1)the closure of lowsecurity facilities at the California Correctional Institution in Tehachapi and Correctional Training Facility in Soledad due to a decline in the number of inmates who can be housed in such facilities and (2)alower total inmate population relative to what was assumed in the202122 Budget Act. 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. 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. As a result, this facility will no longer be used as a state prison. As a result, reports will be filed in March, June, September, and December until further order of the Court. Recent Resources Provided for Redaction Workload. What's the normal release process? Accordingly, we recommend the Legislature withhold action on the proposal and direct the department to submit a revised proposal at the May Revision. DAPO carefully reviews each case and makes such decisions on an individual basis. Determinate sentencing covers sentencing guidelines, mandatory minimum sentences, and enhanced sentences for certain crimes. The release date and how long the parolee may be on parole. 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. 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. The parolees obligations to receive a travel pass before they leave the county for more than two days. Finally, for individuals referred and placed into parolee programs under authority of contracts held in DRP, the Department anticipates offering increases in reimbursement rates for main andsub-contractors willing to coordinate transportation and alleviate state resources. 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. Sections: 3000, 3375, 3376.1, 3377.2, and 3379Effective: April 1, 2023, Sections: 3000, and 3293Effective: April 1, 2023, Sections: 3000, and 3075.2Effective: December 20, 2022, Sections:3000, 3268, 3268.1, 3268.2, and 3268.3Effective: November 16, 2022, Sections:3000, 3269, 3269.1, 3269.2, 3269.3, 3269.4, and 3375.2Effective: November 14, 2022, Sections:3000, 3040.3, and 3378.2Effective: January 1, 2023, Sections:3000, 3054, 3054.1, 3054.2, 3054.3, 3054.4, 3054.5, 3054.6, 3054.7, 3054.8, and 3054.9Effective: January 1, 2023, Sections:Adopt 3486, 3486.1, 3486.2 and 3486.3Effective: October 20, 2022, Sections:Adopt 3498.1, and 3498.2; Amend 3043, and 3043.5Effective: October 13, 2022, Sections:Adopt 3392.1, 3392.2, 3392.3, 3392.4, 3392.5, 3392.6, 3392.7, 3392.8, 3392.9, 3392.10 and 3417; Amend 3391, and 3392Effective:September 29, 2022, Sections: Adopt 3040.1; Amend 3000, 3040, 3041, 3041.3, 3043.3, 3043.5, 3044, 3044.1, 3044.2, 3075.1, 3077.1, 3315, 3375, 3375.2, 3375.4, 3375.5, 3375.6, 3379; Repeal 3040.1, 3040.2Effective:August 31, 2022, Sections:3076, 3076.1, 3076.2, 3076.3, 3076.4, and 3076.5Effective: October 1, 2022, Sections:Amend 3043, 3043.2, 3043.3, 3043.4, 3043.5, 3043.6, 3044, 3045.1, 3043.7 [Renumbered to 3044.1], 3043.8 [Renumbered to 3044.2], 3047 [Renumbered to 3046.1]Effective: August 8, 2022, Sections: 3075.2, 3545, and 3754Effective: October 1, 2022, Sections:3261.2, 3261.3, 3261.5, 3261.6, and 3261.7Effective:July 1, 2022, Sections:3000, 3466, and 3468Effective:July 1, 2022, Sections:2449.1, 2449.4, 2449.5, 2449.30, 2449.32, 3490, 3491, 3492, 3495, 3496 and 3497Effective:February 28, 2022, Sections:3000, 3045, 3077.3, 3078.4, 3084, 3084.1, 3084.2, 3084.3, 3084.4, 3084.5, 3084.6, 3084.7, 3084.8, 3084.9, 3085, 3086, 3134.1, 3136, 3137, 3141, 3173.1, 3179, 3193, 3220.4, 3230, 3282, 3369.5, 3378.4, 3383, 3465, 3466, 3467, 3468, 3469, 3470, 3471, 3472, 3473, 3474, 3475, 3476, 3477, 3478, 3479, 3480, 3480.1, 3481, 3482, 3483, 3484, 3485, 3486, 3488, 3491, 3492, 3548, 3563, 3630, and 3723Effective:January 5, 2022, Sections:3000, 3006, 3044, 3133, 3190, 3314, 3315, and 3323Effective:December 20, 2021, Sections:3741, 3742, 3743, 3744, 3745, 3746, and 3748Effective:January 1, 2022, Sections:3000, 3323, 3336, 3338, 3341.9, 3375.3, 3375.4, and 3375.5Effective:January 1, 2022, Copyright 2023 California Department of Corrections & Rehabilitation, Back to Adult Institutions, Programs and Parole Regulations, California Code of Regulations, Title 15, Division 3, Chapter 1, Pending Changes to Department Regulations, Adopted Regulations for Controlled Substance Distribution, NCR 22-09 Controlled Substance Distribution, Adopted Regulations for California Out-of-State Correctional Facility Program, NCR 22-11 California Out-of-State Correctional Facility Program, Adopted Regulations for Authorized Personal Property, Adopted Regulations for Computer Voice Stress Analyzer, Adopted Regulations for Release Allowances, Adopted Regulations for Religious Personal Property, Adopted Regulations for Inmate Housing and Program (SNY/NDPF), NCR 21-13 Inmate Housing and Program (SNY/NDPF), Adopted Regulations for Standardized Testing for Assessing Adult Literacy, NCR 22-07 Standardized Testing for Assessing Adult Literacy, Adopted Regulations for Religious and Plant-Based Diet, NCR 21-11 Religious and Plant-Based Diets, Adopted Regulations for Staff Misconduct Allegations, Adopted Regulations for Youth Parole Eligible Date, Adopted Regulations for Employee Discipline, Adopted Regulations for Program and Credit Earning Revisions (MCCS/ISUDT), NCR 22-04 Program and Credit Earning Revisions (MCCS/ISUDT), Adopted Regulations for Recall of Commitment and Resentence Recommendation, NCR 21-04 Penal Code Section 1170.3 Recall and Resentence Recommendation, Adopted Regulations for Inmate Credit Earning, Adopted Regulations for Off-Duty Firearms, Adopted Regulations for Body Worn Cameras, Adopted Regulations for News and Non-News Media Access, Adopted Regulations for Disabled Veteran Business Enterprise, NCR 21-10 Disabled Veteran Business Enterprise, Adopted Regulations for Nonviolent Offender Parole Eligibility Process, NCR 21-07 Nonviolent Offender Parole Eligibility Process, Adopted Regulations for Inmate and Parolee Grievance and Appeal Process, NCR 21-08 Inmate and Parolee Grievances and Appeals Process, Adopted Regulations for Inmate Personal Property Enterprise Inmate Communication, NCR 20-14 Inmate Personal Property Enterprise Inmate Communication, Adopted Regulations for Return and Transfer of Parole, Adopted Regulations for Gassing and Restricted Housing, Adopted Regulation for Prison Rape Elimination Act (PREA), NCR 21-02 Prison Rape Elimination Act (PREA), Adopted Regulation for Content of Law Libraries. 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. 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. For example, it would shorten from 12 months to 9 months the duration of certain CBT programs to allow the department to serve more inmates. Click here for information on the parole proceeding process. As of December 14, 2022, the States adult prison population is 90,809, occupying 110.8 percent of design capacity. 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. The parolees obligation to tell their parole agent, within three days, if they get a new job. 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. 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. Some of the most critical functions required of parole for the releasing population will focus on: Registered victims of offenders scheduled to be released within the next 30 days have been completed. Accordingly, we withhold recommendation onthe proposal until that time. The proposal includes funding for administrative support positions and a customized database subscription for inmates to access scholarly journal articles. The district attorneys say the award of the additional credits from the temporary regulations would allow the shortening of sentences for over 76,000 inmates. Also, by shortening the duration of certain CBT programs and employing less time intensive ASAM assessment tools, the department would be able to serve more inmates at a lower cost than otherwise. Click here for more information about elderly parole. 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. In addition, the department proposes to redirect existing resources$883,000 and five positionsfrom its Contract Beds Unit to support redaction workload. Mentally Disordered Offenders & Sexually Violent Predators. Increasing the amount of GCC provides a compelling reason for individuals to positively program, as GCC may be forfeited due to disciplinary action. By signing the parole conditions, the parolee waives extradition if they are found out of state. 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. CDCR conducts periodic on-site reviews that include verification of program delivery consistent with contractual requirements. Defendants first informed the Court that its population was below 137.5 percent of design capacity on February 17, 2015 (ECF No. While the effectiveness of the program is not clear, initial data showthat SUDrelated deaths, emergencies, and hospitalizations have decreased since the program began. And how many? Under normal circumstances, the panel, or the Board, shall set a release date unless it determines that the gravity of the crime (offense), or the timing and gravity of current or past convictions, requires a lengthier period of incarceration to ensure public safety. 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. Theproposed budget would provide CDCR with a total of about 65,300positions in 202223, an increase of about 3,200 (5percent) from the revised 202122 level. CDCR = California Department of Corrections and Rehabilitation. 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. When fully implemented, the program is intended to provide a continuum of care to inmates to address their substance use disorder (SUD) treatment and other rehabilitative needs. Expansion Reasonable, but Additional Supervisors Appear Unnecessary. Note: In most cases, the offender will not be present for this hearing. Despite this, CDCR reports that it has established bachelors degree programs at three additional prisons since the original proposal was withdrawn by using existing funding in its budget associated with vacant positions. CalPIA Trains and Pays Inmate Workers to Clean Facilities. What happens to the offender while in the Department of Corrections and Rehabilitation? The California Department of Corrections and Rehabilitation (CDCR) is responsible for the incarceration of certain adult felons, including the provision of rehabilitation programs, vocational training, education, and health care services. For example, the new services the department plans to offer will be evidencebased and therefore likely to be effective if implemented as designed. Victims can request notification of the offenders status by submitting the form to the ICE Victim Notification Program. Since the start of the pandemic, CDCR has implemented several restrictions and operational changes to reduce the spread of the virus within its institutions. If granted medical parole, the offender would be assigned a Parole Agent, and if their condition improves, they can be returned to custody. (The only prison that does not offer such courses is the California Health Care Facility as the majority of the inmates there have health conditions that make it difficult to attend college courses consistently.) As of January 12, 2022, CDCR housed about 99,110 adult inmates in the state's prison system. Treatment plans are developed utilizing the American Society of Addiction Medicine (ASAM) Criteria. The Sacramento County district attorney's office told ABC10 CDCR has not been transparent. The Governors budget proposes a net increase of $61.5million (largely from the General Fund) in 202223 related to projected changes in the overall population of inmates and parolees. 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. 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. (When positions approved in the budget go unfilled, the funding received by departments associated with the positionsknown as vacant position fundingis often redirected by departments for other purposes.) Absent this information, it is difficult for the Legislature to adequately determine whether the level of resources requested isappropriate. Four of the five existing inprison bachelors degree programs were established without dedicated funding being provided directly through the state budget. CBTprograms are designed to help individuals change negative patterns of behavior. Inmates with a high school degree or equivalent also generally have access to collegelevel correspondence courses. The contract will terminate in March 2024. In addition, the 202122 Budget Act provided OLA with about $500,000 and four positions to handle Chapter988 workload on an ongoing basis. 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 purpose of a parole hearing is to determine if or when an offender can be returned to society. 2020-07-03T07:00:00Z. 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. This would allow the Legislature to determine whether ISUDTP is effectively achieving its goals of reducing SUDrelated deaths, emergencies, and hospitalizations. Specifically, the resources would be used to maintain programs at the four prisons that do not currently have dedicated state funding for bachelors degree programs. 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. (a) Transfer requirements. 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. Immediately before release, all inmates are screened for symptoms of influenza-like illness (lLl) including COVID-l9. As of October 31, 2020, CDCR housed about 97,700 adult inmates in the state's prison system. MCC is awarded for successful completion of rehabilitative or educational programs designed to prepare participants to find employment upon release. For example, CalHR is currently in the process of developing new guidelines on the ratio of custodian supervisors to custodian staff. After CDCR has fully implemented the new redaction software, its ongoing resource needs should become clearer. To reduce transmission, staff and inmates are generally required to be masked and regularly tested. Enter your official identification and contact details. Fax Request to: (916) 229-0002. Most Prisons Offer Associates Degree Programs. Additionally, we recommend that the Legislature direct CalPIA to report the amount of the requested funding associated with changing the custodian supervisor ratio separately. In 202122, CalPIA expects to generate $248million in revenue from the sale of its goods and services and spend $245million to operate its programs. In contrast, ISUDTP is designed to transform SUD treatment from being structured as a rehabilitation program intended to reduce recidivism into a medical program intended to reduce SUDrelated deaths, emergencies, and hospitalizations. 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. Second, the proposal adds to the types of treatment available through ISUDTP. 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. However, the overall level of resources has generally not been adjusted each year since then to account for changes in the target population. In addition, the department began requiring the contractors who deliver CBT programs to use uniform, evidencebased curricula. This brief provides our analysis of several of the Governors major proposals related toCDCRoperations. Proposed Expansion and Modifications Merit Consideration. 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. ISUDTP Changed Release Planning Process. On March 29, CALPIA hand sanitizer that meets CDC guidelines to help prevent the spread of COVID-19 began arriving at the institutions for both staff and incarcerated population use. CalHR has initiated a project to provide new guidelines related to custodian classifications. 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. 2838/5278), and have submitted 82 reports since then. The administration can submit a request for ongoing resources for legislative consideration as part of the 202425 budget process. Created a network among all state-managed facilities to redirect PPE as needed. 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. Current through Register 2022, No. 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. The parolees obligation to tell their parole agent immediately if they get arrested or get a ticket. 2 0 obj <>/Font<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> For example, the department estimates it needs $114million for medication and other materials based on its estimate that 25,445 inmates will require MAT. 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). Processing includes computing a classification score based on such factors as length of sentence, stability, education, employment, and behavior during a prior incarceration. However, the proposal to change the ratio of custodian supervisors to civil service and inmate custodians appears unnecessary. Prior to ISUDTP, CDCR generally assigned inmates to SUD treatment based on whether they had a criminogenic need for the programmeaning the inmates SUD could increase their likelihood of recidivating (committing a future crime) if unaddressed through rehabilitation programs. The Governors budget proposes $8.6million General Fund in 202223 (increasing to $10.5million annually in 202324) to expand the scope of a CalPIA contract with CDCR for cleaning health care facilities to include additional facilities and support additional custodian supervisors to change the ratio of supervisor to custodial staff. CDCR does not have an expected start date but is working as quickly as possible to immediately implement this plan. Most of these inmates are housed in the state's 35 p risons and 42 c onservation camps. Visit the Post-Release Community Supervision webpage for more information. These civil service custodians work alongside the inmate custodians. COVID19 Direct Response Expenditures. We note that it is possible that other factors (such as fewer drugs entering the prisons due to pandemicrelated restrictions on prison visiting) could havecontributed to the reduction in overdoserelated deaths, emergencies, and hospitalizations. Withhold Action Until the Department Can Provide Information on Current Program Funding. Initially, inmates will be safely moved to vacant housing units identified throughout the state to allow for physical distancing in dorm settings. For example, it could take CDCR longer than anticipated to fill the requested 310 positions. The State currently has no contracted-for beds in community correctional facilities (CCFs), modified community correctional facilities (MCCFs), or Female Community Reentry Facilities (FCRFs). ISUDTP Established in 201920. ISUDTP Expanded Availability of MAT. The parolees obligation to not be around guns, or things that look like a real gun, bullets, or any other weapons. We find that the proposal has merit. 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. 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. In November 2016, California voters overwhelmingly passed Proposition 57, the Public Safety and Rehabilitation Act of 2016. Before such records can be released, sensitive informationsuch as names of witnesses or individuals medical informationmust be redacted from the records. Accordingly, it appears that these problems are not significant enough to impact the quality of service provided by HFM. 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. The parolees obligation to report to their parole agent when told to report or a warrant can be issued for their arrest. What is the process for offenders receiving parole hearings? CDCR Contracts With CalPIA to Clean Health Care Facilities. As a part of the May Revision, the administration will update these budget requests based on updated population projections. Trends in the Adult Inmate and Parolee Populations. Proposal Likely Will Need to Be Revised. 202122 COVID19Related Funding. 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. 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. 10 days of credit may be awarded to someone who completes 52 hours of approved programming in a 12-month period. (These amounts do not reflect anticipated increases in employee compensation costs in 202223 because they are accounted for elsewhere in the budget.) 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 . CDCR reports that the number and complexity of requests requiring redaction has grown in recent years, driven primarily by two factors: Responsibility for redaction is primarily divided between CDCRs Office of Legal Affairs (OLA) and Division of Adult Institutions (DAI), which is responsible for operating prisons. In correspondence courses, inmates receive their lessons and assignments in packets that are delivered through the mail. These teams will include institutional custody, classification, case records, health care, statewide transportation, and parole representatives. Offenders released from prison to state supervised parole are assigned a Parole Agent in the community where the offender will be living. In November 2016, California voters overwhelmingly passed Proposition 57, the Public Safety and Rehabilitation Act of 2016. Headquarters parole staff in coordination with the Division of Rehabilitative Programs (DRP) will focus on placement coordination and mitigation of local issues. Require CDCR to Provide Planned Assessment of ISUDTP. Expands and Modifies ISUDTP. Thisredirection would result in a total of $3.7million and 26.6 positions in additional resources available for redaction. Most other offenders are sentenced under the Indeterminate Sentencing Law (ISL) and will serve a term of life with possibility of parole. Box 942883, Sacramento, CA 94283-0001. At the time of this analysis, CDCR was not able to provide sufficient information to fully justify the estimated COVID19 direct response costs. Information about these regulations can be found at https://www.cdcr.ca.gov/proposition57/. 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).
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