BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 900| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 900 Author: Solorio (D) and Aghazarian (R), et al Amended: 4/26/07 in Assembly Vote: 27 - Urgency WITHOUT REFERENCE TO COMMITTEE OR FILE ASSEMBLY FLOOR : 69-0, 4/26/07 (Roll Call unavailable) SUBJECT : Prison construction SOURCE : Author DIGEST : The state prison system currently has 171,000 inmates in space designed to accommodate, with acceptable overcrowding, approximately 155,000. The inmate population is projected to increase to 190,000 by 2012. Therefore, by 2012, the system will face a bed deficiency of about 35,000. This bill authorizes up to 40,000 new state prison beds, contingent upon significant program enhancements designed to reduce recidivism. This bill also provides the California Department of Corrections and Rehabilitation temporary authority to house up to 8,000 inmates out-of-state until new construction is completed and the results of enhanced anti-recidivism programming impact the inmate population. ANALYSIS : Existing laws authorizes the financing and CONTINUED AB 900 Page 2 construction of state prison facilities using lease-purchasing financing arrangements by means of the issuance of state revenue bonds, as specified. Existing law authorizes the Department of Corrections and Rehabilitation to establish pilot programs that provide training and counseling for parolees to assist in their successful reintegration into the community. Existing law provides that the Department of Corrections and Rehabilitation shall prepare plans for, and construct facilities and renovations included within, its master plan for which funds have been appropriated by the Legislature. Existing law requires the department to submit a site plan and projected planning guide to the Joint Legislative Committee on Prison Construction and Operation for each facility included in the master plan. Existing law provides that the Joint Legislative Prison Committee shall be reimbursed, from funds appropriated to the Department of Corrections and Rehabilitation for support, for costs, as agreed to by the Department of Corrections and Rehabilitation, incurred by the committee in reviewing environmental assessment studies, as specified. Existing law provides that any court or other agency or officer of this state having power to commit or transfer an inmate to any institution for confinement may commit or transfer that inmate to any institution outside this state if this state has entered into a contract or contracts for the confinement of inmates in the institution and the inmate, if or she was sentenced under California law, has executed a written consent to the transfer. This bill: 1. Phase I State Prison Bed Construction A. Authorizes $3.6 billion in lease-revenue bond financing for 24,000 state prison beds: (1) 12,000 "infill" beds - additional beds at AB 900 Page 3 existing prisons- designed to eliminate so-called "bad beds," such as double and triple-bunking in gyms, and dayrooms ($1.8 billion). (2) 6,000 "re-entry" facility beds - smaller secure state facilities of up to 500 beds with concentrated rehabilitation services for inmates with less than one year left to serve ($975 million). (3) 6,000 medical/mental health beds - to address needs identified by the federal court Receiver, who will determine their use ($857 million). 2. Anti-Recidivism and Rehabilitation Efforts A. Requires all new state prison beds to include substance abuse treatment, work programs, academic and vocational education, and mental health care. B. Requires implementation of 4,000 new dedicated substance abuse treatment beds (CDCR currently operates about 9,000 such beds) with post-release aftercare treatment for parolees. C. Requires individualized program needs assessments for all inmates at reception. D. Requires development of a prison-to-employment plan to ensure programs provide sufficient skills to assist in successful re-entry and employment. E. Creates the "California Rehabilitation Oversight Board" (C-ROB), as specified, to evaluate CDCR rehabilitation and treatment programs, and recommend changes to the Legislature and Governor. F. Requires development of mental health day treatment for parolees. G. Requires implementation of a system of incentives designed to increase participation in education programs and encourage inmates to complete AB 900 Page 4 educational goals. H. Authorizes CDCR to use portable buildings for inmate rehabilitation and treatment - and housing - to ensure sufficient space is available. I. Requires development of "staffing pipeline" plan to fill vacant prison staff positions, obtain treatment services from local governments, and increase the number of rehabilitation and treatment personnel with proper education and credentials. J. Appropriates an additional $50 million for rehabilitation and treatment enhancement in 2007-08. K. Addresses management deficiencies by requiring CDCR to develop and implement plans to address management deficiencies within the department. 3. Phase II State Prison Bed Construction Subject to Program Benchmarks A. Authorizes $2.5 billion in lease-revenue bond financing for 16,000 state prison beds. (1) 4,000 "infill" beds - additional beds at existing prisons- designed to eliminate so-called "bad beds," such as double and triple-bunking in gyms, and dayrooms ($600 million). (2) 10,000 "re-entry" facility beds - smaller secure state facilities of up to 500 beds with concentrated rehabilitation services for inmates with less than one year left to serve ($1.6 billion). (3) 2,000 medical/mental health beds - to address need identified by the federal court Receiver, who will determine their use ($286 million). B. Funding will be available for Phase II only if the following conditions and benchmarks are met and AB 900 Page 5 verified by a three-member panel comprising the State Auditor, the Inspector General and an appointee of the Judicial Council: (1) 4,000 of the 12,000 "infill" beds authorized in Phase I are under construction or sited, including rehabilitation programming space. (2) 2,000 of the 4,000 drug treatment slots established. (3) New individualized assessment procedures in place for six months. (4) Specified levels of parolees being served in mental health day treatment centers. (5) The California Rehabilitation Oversight Board (C-Rob) in operation for one year. (6) Implementation of a management deficiency plan. (7) A 10% increase in educational program participation from April 2007. (8) A vacancy rate for rehabilitation service positions no greater than the average vacancy rate for state employees. 4. Phase I Local Jail Construction A. Authorizes $750 million in lease-revenue bond financing for 8,000 county jail beds. B. Requires 25 percent county match. C. Establishes a funding preference for counties that help the state site re-entry facilities, increase mental health and substance abuse services for parolees, and help the state site mental health day treatment for parolees. 5. Phase II Local Jail Construction, Subject to Program AB 900 Page 6 Benchmarks A. Authorizes $470 million in lease-revenue bond financing for 5,000 county jail beds. B. Funds available for Phase II only if the following conditions and benchmarks are met, as verified by the three member panel: (1) 50% of Phase I jail beds (4,000) are under construction or sited. (2) 50% of Phase I state re-entry beds (3,000) are under construction or sited. 6. Authority to Temporarily House State Prison Inmates Out-of-State A. Authorize CDCR to house up to 8,000 inmates in out-of-state contract facilities for up to four years. This authority would expire in July 2011. Excludes inmates with serious medical or mental health problems, or those who have a pending habeas petition or appeal. 7. Authorizes a correctional peace officer training academy in southern California. Federal Court Intervention Moreover, the state faces three federal court cases based on existing court orders. These cases now seek overcrowding relief and could result in federal orders to control and/or cap the inmate population. The three cases and current action dates are: 1. Plata v. Schwarzenegger regarding inmate medical care, Judge Thelton Henderson, Robert Sillen, Receiver. A. May 16: Receiver to report to court "his best assessment of the manner, and extent to which, overcrowding is interfering with his ability to successfully remedy the constitutional violations at issue." AB 900 Page 7 B. May 16: State to report to court regarding: (1) Measures the state is taking to reduce the prison population by March 1, 2008 and March 1, 2009, including identifying the number of inmates confined in out-of-state facilities. (2) When the governor will be able to rescind his October 2006 state-of-emergency proclamation. The inmate population as of this date. C. May 29: Parties may file supplemental or new information. D. June 11: Oral arguments. 2. Coleman vs. Schwarzenegger regarding inmate mental health care, Judge Lawrence Karlton. A. June 4: Court to continue hearing on motion to convene 3-judge panel. 3. Armstrong v. Schwarzenegger regarding Americans with Disabilities Act compliance. A. June 8: Court to continue oral argument on prison cap motion and on motion to enforce permanent injunction. County Jail Construction . According to the Corrections Standards Authority (CSA), the capacity of all county jails statewide is about 75,000. The average daily population is about 82,000 with a 2006 peak of 87,000 inmates. Twenty jails are currently under court-ordered population caps and twelve more have self-imposed caps. In 2005 alone, according to the CSA , 235,000 persons avoided incarceration or were released early from jail sentences due to a lack of jail space. This bill funds up to 13,000 county jail beds, contingent upon a 25% local match and specified construction schedules and improvements in re-entry services for parolees. AB 900 Page 8 FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes Local: No According to the Senate Budget and Fiscal Review Committee analysis: 1. Appropriates $300 million (GF) for infrastructure improvements at existing prisons necessary to address water, wastewater, and other infrastructure problems. 2. Appropriates $50 million (GF) for enhanced rehabilitation services. Additional GF costs in the tens of millions of dollars in out-years as CDCR develops and implements enhanced programming. 3. Issuing $7.4 billion in lease-revenue bonds will require annual debt service (GF) payments of about $600 million for 25 years, assuming a 5.5% interest rate, though the timing of the bond sales will likely lower this amount and spread it over additional years. A. State facilities (1) Phase I: $3.6 billion. (a) $1.8 billion for 12,000 infill beds ($150,000 per bed). (b) $975 million for 6,000 re-entry beds ($163,000 per bed). (c) $857 million for 6,000 medical beds ($143,000 per bed). (2) Phase II: $2.5 billion. (a) $600 million for 4,000 infill beds ($150,000 per bed). (b) $1.6 billion for 10,000 re-entry beds ($163,000 per bed). (c) $286 million for 2,000 medical/mental health beds ($143,000 per bed). B. Local facilities: (1) Phase 1: $750 million plus 25% match AB 900 Page 9 requirement for 8,000 beds ($94,000 per bed). (2) Phase 2 : $470 million plus 25% match for 5,000 beds ($94,000 per bed). SUPPORT : (Verified 4/26/07) --- OPPOSITION : (Verified 4/26/07) California Correctional Peace Officers Association ARGUMENTS IN OPPOSITION : The California Correctional Peace Officers Association states: " In-Fill Beds . As we understand it, the package proposes that a significant number of beds be built at the sites of currently overcrowded and severely understaffed prisons. While the beds-whenever they finally come on line-purportedly eliminate the 'dirty beds' they will not solve the overcrowding problem. This plan will do nothing but postpone the need to address serious systemic problems associated with the overcrowding. "In addition, construction of these beds on existing prison footprints will insure that many of these prisons never have the facilities necessary for rehabilitative programs for the existing population since most of the space will become occupied with housing units. As you know, most of our current prisons have grossly inadequate program space for meaningful rehabilitation programs to be provided to any significant percentage of the inmate population. Construction of the in-fill beds will insure that this deficiency will not be corrected for the population housed in the existing beds at many of the prisons. "Finally, given the lack of management ability within the CDCR, as clearly demonstrated in Senator Machado's budget subcommittee hearings this year, the department will be unable to bring these beds on line within budget or a reasonable time frame. AB 900 Page 10 " Out-of-State Housing . As we understand it, this proposal authorizes the CDCR to send 8,000 inmates out of state. As demonstrated just yesterday in New Castle, Indiana, a facility already contracted to house California inmates, this proposal is extremely dangerous to staff, inmates and the public. Forcing inmates to transfer to far away prisons is simply a recipe for disaster. Not only will problems like those that happened yesterday in Indiana occur, it could be catalyst to a horrendous prison incident. " Conclusion . The current proposal does not address the important issues in CDCR. It will exacerbate the long-term shortage of rehabilitative facilities and does nothing to address the severe shortage of staff occurring at many of the existing prisons. In fact, in many cases, it will make matters much worse for staff, inmates and the public." RJG:mw 4/26/07 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****