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May 16, 2012 - In April 2012, the California Department of Corrections and Rehabilitation (CDCR) released a report (referred to as the “blueprint”) on the administration’s plan to reorganize various aspects of CDCR operations, facilities, and budgets in response to the effects of the 2011 realignment of adult offenders, as well as to meet various federal court requirements (such as reducing the inmate population to meet specified population cap targets). In this brief we (1) summarize and assess the major aspects of the blueprint and (2) present alternative approaches that are available to the Legislature. In our view, much of the administration’s blueprint merits legislative consideration. However, the General Fund costs of the planned approach—in particular, an estimated $78 million in annual debt service—is a significant tradeoff. We find that the state could meet its facility requirements (including those for medical and mental health treatment) and specified population cap targets at much lower ongoing General Fund costs than proposed by the administration, potentially saving the state as much as a billion dollars over the next seven years.
April 19, 2012 - In 2006, after finding that California had failed to provide a constitutional level of medical care to its inmates, a federal court appointed a Receiver to take over the direct management and operation of the state's inmate medical care program from the California Department of Corrections and Rehabilitation (CDCR). Since that time, the current and prior Receiver have taken a variety of actions to revamp CDCR's medical program. In this report, we (1) provide a status report on the Receiver’s actions, (2) describe how these actions have impacted inmate medical care spending and outcomes, (3) discuss the experiences of other states that have faced problems similar to California’s in delivering inmate medical care, and (4) provide recommendations for delivering a constitutional level of inmate medical care in the most cost-effective manner as possible in the long run. These recommendations include establishing an independent oversight board, taking steps to address current operational efficiencies to bring state expenditures to a more sustainable level, and establishing a pilot project to contract for medical care services.
April 13, 2012 - Over the last four years, the judicial branch has experienced various one–time and ongoing budget reductions as the state has faced large budget shortfalls. The Governor's 2012–13 budget continues the ongoing reduction to the branch, provides the Judicial Council with full authority to implement the reduction among branch entities, and proposes increasing civil fees to generate $50 million in new revenues to help the branch address their reduction. To the extent the Legislature approves the Governor's proposal, ongoing solutions should be identified and implemented in 2012–13, particularly since recent transfers and loans from branch special funds have greatly reduced the fund balances available as a potential budget solution. Specifically, we recommend the Legislature reject the Governor's proposed budget bill language authorizing the Judicial Council to allocate the reductions, adopt specific actions to achieve ongoing savings in the judicial branch, and require that the judicial branch submit a report on potential operational efficiencies.
March 22, 2012 - Presented to: Senate Budget Subcommittee No. 5 on Corrections, Public Safety and the Judiciary Hon. Loni Hancock, Chair
March 14, 2012 - Presented to: Assembly Budget Subcommittee No. 4 on State Administration Hon. Joan Buchanan, Chair Assembly Budget Subcommittee No. 5 on Public Safety Hon. Gilbert Cedillo, Chair
February 23, 2012 - In 2011, the state enacted several bills to realign to county governments the responsibility for certain felon offenders who previously had been eligible for state prison and parole. These changes will significantly reduce the inmate and parole populations managed by CDCR. This report identifies the impacts of the realignment of adult offenders on CDCR's operations and facility needs, discusses whether realignment will enable the state to meet the prison population limit required by the federal court, as well as whether the change in the makeup of CDCR's inmate population following realignment will affect its housing, mental health, and medical facility needs. The report provides recommendations on how to better match CDCR facilities and programs with the remaining inmate population following the realignment.
February 22, 2012 - In 2011, the state enacted several bills to enact a wide-ranging “realignment,” shifting several state programs and a commensurate level of revenues to local governments. Perhaps the most significant programmatic change implemented as part of the 2011 realignment was realigning to county governments the responsibility for managing and supervising certain felon offenders who previously had been eligible for state prison and parole. This report provides an update on the status of realignment, reviews changes proposed by the Governor, and makes several recommendations designed to promote the long-term success of realignment, such as creating a reserve fund for revenue growth as well as designing an ongoing allocation formula that is responsive to future demographic changes.
February 15, 2012 - Over the past 16 years, the Legislature has enacted various measures that realigned to counties a significant share of responsibility for managing juvenile offenders. As part of his 2012-13 budget plan, the Governor proposes completing the realignment of juvenile justice by stopping new admissions of offenders to state Division of Juvenile Justice (DJJ) facilities on January 1, 2013. The Governor would provide counties with an unspecified level of funding to manage wards who would otherwise have been committed to DJJ after that date, as well as $10 million in planning grants in the current year. As discussed in this report, we believe the Governor’s proposal has merit on both policy and fiscal grounds, but that the Legislature could address various concerns with the administration’s plan. Specifically, we recommend developing a funding approach that promotes innovation and efficiency, establishing a transition plan for DJJ, providing state oversight and technical assistance through the newly created Board of State and Community Corrections (BSCC), taking measures to reduce the number of juveniles tried in adult court, and requiring counties to house minors tried in adult court until age 18.
February 9, 2012 - Governor's Proposed Budget Augmentation for Inmate Pharmaceuticals
September 28, 2011 - Historically, counties had the primary responsibility for (1) funding the trial courts, (2) constructing and maintaining court facilities, and (3) employing most court employees. However, beginning in 1997, the Legislature adopted a series of statutory changes that shifted or realigned each of these responsibilities from the counties to the state. The Legislature sought to create a trial court system that would be more uniform in terms of standards, procedures, and access to justice. Our analysis indicates, however, that a number of existing barriers have prevented the trial court realignment from fully achieving the expressed goals and objectives of the Legislature. We believe that the Legislature should seek to eliminate these barriers and provide the state with greater control and responsibility over trial courts. We recommend that the state assume true operational control over many critical aspects of trial court operations for which it already has financial responsibility, such as trial court employee classifications and benefits. We also propose that the state establish a comprehensive trial court performance assessment program and establish a more efficient division of responsibilities between the Administrative Office of the Courts and trial courts.
August 5, 2011 - On May 23, 2011, the U.S. Supreme Court issued a ruling in a lawsuit against the state involving prison overcrowding. Specifically, the court upheld the ruling of a federal three–judge panel requiring the state to reduce overcrowding in its prisons to 137.5 percent of its “design capacity” within two years. The court’s decision will almost certainly result in some of the most dramatic changes to the state’s prison system in decades. The realignment plan that the Legislature recently enacted could go a long way toward meeting the court’s requirements. Our analysis, however, indicates that the realignment plan alone is unlikely to reduce overcrowding sufficiently within the two–year deadline set by the court. This indicates to us that, as the U.S. Supreme Court suggested, a somewhat longer timeframe is warranted. In addition, we recommend that the Legislature consider how the overcrowding reduction will affect the types of prison facilities California Department of Corrections and Rehabilitation (CDCR) has planned to build. Finally, we recommend that the Legislature provide CDCR with more flexibility to use contract beds in order to manage overcrowding, particularly in the near term. Addressing these issues would help to better plan for a dramatically reduced state inmate population within the state’s current fiscal situation.
May 11, 2011 - Senate Budget and Fiscal Review Subcommittee No. 5 on Corrections, Public Safety, and the Judiciary
February 15, 2011 - Joint Legislative Audit Committee Hon. Ricardo Lara, Chair Assembly Budget Subcommittee No. 5 on Public Safety Hon. Gilbert Cedillo, Chair
January 27, 2011 - Senate Budget and Fiscal Review Subcommittee No. 5 On Corrections, Public Safety and the Judiciary Hon. Loni Hancock, Chair
January 25, 2011 - Presented to: Senate Budget and Fiscal Review Subcommittee No. 5 On Corrections, Public Safety, and the Judiciary Hon. Loni Hancock, Chair