BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 900|
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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
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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
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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
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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
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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
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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."
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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.
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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
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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)
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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.
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" 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
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