November 19, 2007
Pursuant to Elections Code Section 9005, we have
reviewed the proposed initiative cited as the “Public Safety Through
Prisoner Rehabilitation Act of 2008” (A.G. File No. 07‑0070).
Proposal
This measure would make several changes to
existing state law and policies relating to the operations of the state
prison system.
First, it would require that the California
Department of Corrections and Rehabilitation (CDCR) provide education
and substance abuse treatment programs to all state inmates who wish to
participate. Less than 40 percent of the inmate population is currently
enrolled in at least one of these programs.
Second, this measure changes the rules relating
to family visits at state prisons. Family visits are overnight visits
between inmates and family members that take place in special facilities
for these purposes on prison grounds. Under this measure, certain
inmates who are currently barred by state regulations from participating
in family visiting would be allowed to participate in such visits. This
includes inmates sentenced to life terms in prison, those convicted of
certain sex crimes, and those who committed certain rules violations in
the past year while in prison. The measure would also restrict family
visiting to those inmates who have a high school degree or its
equivalent and who agree to random drug testing.
Third, inmates participating in family visiting
would be required to pay a $25 fee per visit. The state revenue
generated by this fee could only be used for maintenance and repair of
family visiting facilities. The CDCR does not currently charge inmates a
fee for participating in the family visiting program.
Fiscal Effect
The provisions of this measure would result in
additional state operating costs and offsetting operational savings, as
well as one-time capital outlay costs and some new revenues to the
state.
Operating Cost Increases. Increased
state costs would result from the provisions in this measure to expand
educational and substance abuse programs, conduct random drug tests, and
provide General Educational Development (GED) testing. Additional costs
could possibly also result from the provision to expand family visiting
services. Altogether, these costs could range between several tens of
millions and a few hundreds of millions of dollars annually. The exact
magnitude of these costs would depend on several factors, particularly
the number of inmates who wished to participate in education and
substance abuse programs (including aftercare while on parole) and the
number of inmates eligible for and interested in participating in the
family visiting program.
Operational Savings. To the extent
that additional inmates participated in education and substance abuse
programs under this measure, there would likely be significant
offsetting state savings to the cost of prison operations. These savings
would result because successful rehabilitation programs are likely to
result in fewer offenders returning to state prison for violations
committed after their release to parole. The magnitude of these savings
is unknown and would depend on several factors, including the number of
additional inmates participating in these programs, as well as the
success of the implemented programs at reducing recidivism rates. These
savings could potentially more than offset the increased operating costs
resulting from this measure for expanding education and substance abuse
programs.
Capital Outlay Costs. This measure
is likely to result in one-time state costs of between several tens of
millions and several hundreds of millions of dollars to construct and
renovate inmate visiting, education, and substance abuse treatment
facilities at state prisons. Additional space would be needed in order
to provide these programs and services to the increased number of
inmates likely to request them under this measure. The exact magnitude
of these costs is unknown and would depend on the amount of new facility
space constructed for these correctional programs.
Revenues. The measure’s provision
requiring inmates to pay a $25 fee to participate in family visits would
generate new revenues likely to be less than $1 million dollars
annually. This revenue could only be used for maintenance and repair of
family visiting facilities, and would partially offset General Fund
expenditures currently being made for this purpose.
Summary of Fiscal Effect
The measure would have
the following fiscal effects:
·
Annual state prison operating costs that would range
between several tens of millions and a few hundreds of millions of
dollars annually, primarily to expand inmate educational and substance
abuse programs. These costs could be more than offset by state savings
due to reductions in the prison population resulting from expanding
these programs.
·
One-time capital outlay costs of between several tens of
millions and several hundreds of millions of dollars to construct and
renovate prison visiting, education, and substance abuse treatment
facilities.
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