LAO 2007-08 Budget Analysis: Judicial/Criminal Justice Issue-By-Issue TOC Analysis of the 2007-08 Budget Bill
Judicial/Criminal Justice Issue-By-Issue Contents

Overview

Expenditure Proposal and Trends

Spending by Major Program

Major Budget Changes

Departmental Issues

Judicial Branch (0250)

Courthouse Bond Proposal Deserves Close Scrutiny

Background

Governor’s Budget Proposal

Both Components of Courthouse Package Raise Concerns

Analyst’s Recommendations

New Commitment to Legal Aid Program Raises Concerns

Background

Analyst’s Concerns

Analyst’s Recommendation

Administrative Budget Issues

Inflationary Adjustments for Court Facility Maintenance Should Be Updated

Technical Adjustment Recommended for State Appropriations Limit Increases

Server Costs Not Justified

Department of Justice (0820)

An Update on the Implementation of Proposition 69

Implementing Proposition 69: Progress and Problems

Background

How Proposition 69 Changed State Law

Program Faces Revenue Shortfall and High Staff Turnover

Issues for Legislative Consideration

Proposition 69 Program: The Governor’s 2007-08 Budget Plan

Budget Proposal

Proposal Has Unrealistic Estimates and Delegates Legislative Authority

Analyst’s Recommendations

Administrative Budget Issues

Reducing Pay Differentials Could Create Recruitment and Cost Issues

Correctional Writs and Appeals Workload Overstated

Department of Mental Health Workload Estimate Could Change

Department of Corrections and Rehabilitation (5225)

Budget Overview

Proposed CDCR Operations Budget

Current-Year Operating Deficiency

Capital Outlay Budget Proposal

Department Has Not Provided Reports to Legislature

Adult Corrections

Who Is in Prison?

Inmate and Parole Population Management Issues

Inmate Population Projected to Increase

Caseload Will Likely Require Further Adjustment

Governor’s Prison Overcrowding Package Is More Balanced But Too Big

Background

Inmates Housed by Security Levels

Current Prison Overcrowding

What Do Prison Experts Mean by “Overcrowding?”

Inmate Population Projected to Grow, Exacerbating Overcrowded Conditions

Administration’s New Package to Address Overcrowding

How Do the Governor’s Proposals Work Overall as a Package?

Proposal Has Some Benefits

Proposal Would Result in Large Surplus of Prison Beds

Plan Provides Wrong Mix of Beds

Future Operating Costs for Facilities Not Identified

Timing of Overcrowding Relief Important for Legislature to Consider

Analyst’s Recommendations: Reduce Overbuilding and Provide the Right Mix of Beds

The Governor’s Capacity Package: A Look at the Details

Infill Housing and Infrastructure Improvements at Existing Prisons

Reentry Facilities

Female Rehabilitative Community Correctional Centers

Out-of-State Transfers

Elimination of Diagnostic Services for Counties

Changes to Parole Discharge Policies

Shift of Adult Offenders to Jail

Local Jail Expansion

Condemned Inmate Complex at San Quentin

New Training Academy

Sentencing Commission

Conclusion

The California Prison Receivership: An Update

Background

How Receivers and Special Masters Differ

Where Are We Now? A Status Report on the Receiver’s Actions

The 2007-08 Budget Proposal for Plata Activities

Funding Provided for Receiver in 2006-07

2007-08 Budget Plan Requests Relating to the Plata Case

State Faces Significant Fiscal Uncertainties Over Plata Actions

Analyst’s Recommendations

Reconciling the Roles of the Receiver and the Legislature

LAO Recommendations on 2007-08 Budget Proposals

Legislature Has a Key Oversight and Reform Role In Prison Medical Care

Enhancing Public Safety by Increasing Parolee Employment

Importance of Parolee Employment

Current Employment-Related Programs

Budget Proposes General Fund to Replace Federal Funds

Shortcomings of Current Programs

Capacity of Existing Programs Too Limited

Evaluation Limitations Hamper Strategic Approach

“Mix” of Programs to Reduce Unemployment Not Most Cost-Effective

Funding Structure of PJP Does Not Provide Incentives for Good Performance

Department Could Improve Casework

Opportunities Exist to Increase Parolee Employment

Reject Proposal to Replace WIA Funds With General Fund

Target Funding to Most Cost-Effective Programs

Consider Other Employment Assistance Models

Require Department to Track Employment and Program Outcomes

Improve Funding Process for Job Referral Programs

The CDCR Should Improve Policies and Procedures

Conclusion

The State Has Inadequately Maintained Its Major Investment in Prison Infrastructure

Background

State Prison Facility Maintenance Lagging

Special Factors Aggravating CDCR Maintenance Workload

Responsibilities for Maintenance Not Well-Managed or Well-Organized

Analyst’s Recommendations

Sex Offender Proposals Generally Consistent With New Laws, But More Detail Required

Background

Governor’s Budget Proposals

LAO Assessment of the Governor’s Proposals

LAO Recommendations

Other Correctional Program Issues

Action on Three Health Proposals Would Be Premature

Additional Costs as Prison Pay Surges

Juvenile Justice

Who Is in the Division of Juvenile Justice?

Population Issues

Institutional Population May Be Overstated

Population Shift Warranted, But Construction Funding Not Justified

Background

Governor’s Budget Proposals

Moving Juvenile Offenders Back to Their Community

Analyst’s Recommendations

Creating a New Juvenile Facilities State Grant Program

Justification Not Provided for 5,000 Beds

Analyst’s Recommendation

Local Assistance Programs

New Probation Program Funding Should Be Reduced and Redirected

Background

Analyst’s Concerns: Too Much Program, Too Soon

Analyst’s Recommendations