BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular SB 224 (Liu) - Elderly Parole Program ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: March 19, 2015 |Policy Vote: PUB. S. 5 - 2 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: April 20, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: SB 224 would codify the court-ordered Elderly Parole Program, to be administered by the Board of Parole Hearings (BPH). This bill would expand inmate eligibility for the existing program by reducing the minimum age requirement from 60 years to 50 years of age or older and time served from at least 25 years to 15 years of continued incarceration, as specified. Fiscal Impact: BPH hearings : major costs in excess of $5 million (General Fund) for parole suitability hearings for over 6,100 inmates who would be immediately eligible for parole consideration under the specified criteria. Costs would be incurred over the period in which the hearings are conducted. Increased ongoing future costs for additional hearings as current/future inmates meet the age and time served criteria. BPH/CDCR staffing and workload : potentially significant increase in staffing costs (General Fund) associated with the SB 224 (Liu) Page 1 of ? expanded population of inmates eligible for parole consideration, both initially and ongoing. Annual costs would be dependent on the rate at which the additional hearings are scheduled and conducted. Releases to parole : potentially major future cost savings (General Fund) to the extent additional inmates are released to parole. Annual cost savings would be dependent on the number of releases to parole, which is unknown, the net cost savings due to transfer from incarceration (including medical costs) to parole for each inmate, and the term each inmate would have otherwise served in prison. For every 50 inmates released to parole, first-year net cost savings could range from a minimum of $300,000 to over $1.5 million (General Fund), depending on the facility in which the inmates would have otherwise been placed. Cumulative savings after three years could range from $950,000 to $4.6 million, assuming the inmates would have otherwise served that period in prison. Medi-Cal impact : potential increase in the number of individuals newly eligible or reinstated for Medi-Cal program benefits (Federal Fund/General Fund) due to earlier releases to parole. Background: The Three-Judge Court, in its February 10, 2014, order granting a two-year extension to reduce the in-state adult inmate population to 137.5 percent of design capacity, ordered the CDCR to implement several population reduction measures, including finalizing and implementing an Elderly Parole Program, whereby inmates who are 60 years of age or older and have served at least 25 years on their current sentence will be referred to the BPH to determine suitability for parole. The BPH implemented the program on October 1, 2014. According to the CDCR report, April 2015 Status and Benchmark Report to the Three-Judge Court, "The Board continues to schedule eligible inmates for hearings who were not already in the Board's hearing cycle, including inmates sentenced to determinate terms. From February 11, 2014 through March 31, 2015, the Board has held 577 hearings for inmates eligible for elderly parole, resulting in 166 grants, 371 denials, 38 stipulations to unsuitability, and 2 split votes that required referral to the full Board. An additional 211 hearings were scheduled during this time period but were waived, postponed, continued, or cancelled." SB 224 (Liu) Page 2 of ? Proposed Law: This bill would establish the Elderly Parole Program, to be administered by the BPH. To be considered for parole, an inmate must be 50 years of age or older and have served 15 years of continued incarceration on his or her sentence including time served prior to sentencing. In addition, this bill: Requires the BPH, when considering the release of a prisoner, to give special consideration to whether age, time served, and diminished physical condition, if any, have reduced the elderly prisoner's risk for future violence. Requires the BPH to consider whether the prisoner meets or will meet the criteria for elderly parole eligibility when scheduling a parole suitability hearing or when considering a request for an advance hearing. Specifies the Elderly Parole Program does not apply to prisoners sentenced to death or to imprisonment for life without the possibility of parole. Specifies numerous uncodified legislative findings and declarations. Related Legislation: None applicable. Staff Comments: The CDCR has indicated the provisions of this bill would have a significant fiscal impact on the BPH. It is estimated that more than 6,100 inmates would immediately be eligible for a parole suitability hearing if the expanded criteria of this bill are applied to the existing Elderly Parole hearing process. In calendar year 2014, the BPH scheduled slightly more than 4,700 parole suitability hearings and was budgeted approximately $4 million for costs associated with transcripts and inmate counsel for those hearings. Based on the average cost of $850 per hearing, the transcript and attorney costs alone for the additional 6,100 hearings would be $5.2 million (General Fund), SB 224 (Liu) Page 3 of ? assuming the existing parole suitability procedures would apply. These costs would be incurred over the period in which the hearings are conducted. While the increase in eligible inmates would create an immediate backlog for hearings, the CDCR has indicated it would also create a continued need for more hearings prospectively, resulting in a potential need for additional BPH staff, Commissioners, and Deputy Commissioners. If risk assessments are required for these additional hearings, as are currently required for parole consideration hearings, the BPH would potentially need to increase the number of clinical forensic psychologists and senior psychologists that it currently employs, also at significant cost. Staff notes the level of need for additional staffing would be dependent on the rate at which the BPH schedules and conducts the suitability hearings for eligible inmates. In the absence of prescribed timeframes within which the hearings must be scheduled and held, resource needs could vary widely. The CDCR would also generally incur additional costs related to preparing for the hearings, including additional workload for case records staff, correctional counselors, and custody staff to facilitate a variety of necessary functions associated with parole consideration hearings, such as audits of inmate records to confirm eligibility, security at hearings, review of the inmate's central file by the inmate, his or her counsel, and district attorneys prior to the hearing, arranging inmate/attorney visits, and interviews by the BPH's forensic clinical psychologists. While the CDCR is currently working on a more detailed analysis of the resources that would potentially be required under the provisions of this bill, the CDCR estimates that total costs associated with this bill could exceed $10 million. As noted previously, the level of resources required to address the workload generated by the expanded population of inmates would be dependent on the rate at which the CDCR and BPH schedule and conduct the hearings. To the extent the expanded Elderly Parole program results in additional inmates being released earlier to parole would result in potentially significant future cost savings in reduced incarceration, including medical, dental, and mental health cost savings, offset in small part by an increase in parole costs. The magnitude of cost savings would be dependent on the number SB 224 (Liu) Page 4 of ? of inmates released to parole, the net cost to otherwise incarcerate and provide healthcare to the inmates, and the terms the inmates would have otherwise served. While the number of inmates impacted on an annual basis cannot be estimated with certainty, for every 50 inmates released to parole, first-year net cost savings could range from a minimum of $300,000 to over $1.5 million (General Fund), depending on the facility in which the inmates would have otherwise been incarcerated (state prison or in-state contract bed). Cumulative savings after three years could range from $950,000 to $4.6 million, assuming the inmates would have otherwise served that term in prison. Relatedly, to the extent a greater number of inmates are released earlier to parole under the provisions of this bill would potentially result in additional individuals being newly eligible or reinstated for Medi-Cal program benefits. Increases in Medi-Cal program costs would be funded with both General Fund and federal funds. While the federal share of costs for childless adults is currently 100 percent, this reimbursement rate is temporary, and the ongoing federal share of Medi-Cal program costs would range from 50 percent to 90 percent. -- END --