BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    SB 601        Hearing Date:    April 28, 2015    
          
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          |Author:    |Hancock                                              |
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          |Version:   |April 20, 2015                                       |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|JRD                                                  |
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                      Subject:  Corrections:  Prisons:  Reports



          HISTORY

          Source:   Author

          Prior Legislation:SB 601 (Hancock) - 2011, vetoed

          Support:  Unknown

          Opposition:None known

                                                


          PURPOSE

          The purpose of this bill is to require the secretary of the CDCR  
          to develop and make public a quarterly "data dashboard," as  
          specified.

          Current law creates in state government the California  
          Department of Corrections and Rehabilitation (CDCR), to be  
          headed by a secretary, who shall be appointed by the Governor,  
          subject to Senate confirmation, and shall serve at the pleasure  
          of the Governor.  (Government Code § 12838.)  CDCR shall consist  
          of Adult Operations, Adult Programs, Health Care Services,  








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          Juvenile Justice, the Board of Parole Hearings, the State  
          Commission on Juvenile Justice, the Prison Industry Authority,  
          and the Prison Industry Board.  (Id.)  As explained in the  
          Legislative Analyst's Office Analysis of the Governor's 2015-16  
          Proposed Budget:

               The CDCR is responsible for the incarceration of adult  
               felons, including the provision of training,  
               education, and health care services.  As of February  
               4, 2015, CDCR housed about 132,000 adult inmates in  
               the state's prison system.  Most of these inmates are  
               housed in the state's 34 prisons and 43 conservation  
               camps.  About 15,000 inmates are housed in either  
               in-state or out-of-state contracted prisons.  The  
               department also supervises and treats about 44,000  
               adult parolees
               and is responsible for the apprehension of those  
               parolees who commit new offenses or parole violations.  
                In addition, about 700 juvenile offenders are housed  
               in facilities operated by CDCR's Division of Juvenile  
               Justice, which includes three facilities and one  
               conservation camp.
                
               The Governor's budget proposes total expenditures of  
               $10.3 billion ($10 billion General Fund) for CDCR  
               operations in 2015-16.

          Under current law the Secretary of the Department of Corrections  
          and Rehabilitation is required to establish the Case Management  
          Reentry Pilot Program for offenders under the jurisdiction of 

          the department who have been sentenced to a term of imprisonment  
          under Section 1170 and are likely to benefit from a case  
          management reentry strategy designed to address homelessness,  
          joblessness, mental disorders, and developmental disabilities  
          among offenders transitioning from prison into the community, as  
          specified.  The department is required to submit a final report  
          of the findings from its evaluation of the pilot program to the  
          Legislature and the Governor no later than three years after the  
          enactment of Assembly Bill 1457 or Senate Bill 851 of the 201314  
          Regular Session.  (Penal Code § 3016.)

          This bill would require the Secretary of CDCR to develop a data  









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          dashboard, as specified below, on a quarterly basis and post  
          those reports on the departments Internet Web site.

          This bill would require CDCR to "post both current fiscal-year  
          reports and reports for the immediately preceding three fiscal  
          years for each institution."

          This bill would require that each report be created using, when  
          possible, information collected using the COMPSTAT (computer  
          assisted statistics) reports for each prison and shall include,  
          but not be limited to, all of the following information:

          (1) A brief biography of the warden, whether he or she is an  
          acting or permanent warden.

          (2) A brief description of the prison and the total number and  
            level of inmates currently residing at the prison.

          (3) Staff vacancies, overtime, sick leave, and number of  
          authorized staff positions.

          (4) Rehabilitation programs, including enrollment capacity,  
            actual enrollment, and diploma and GED completion rate.

          (5) Number of deaths, specifying homicides, suicides, unexpected  
          deaths, and expected deaths.

          (6) Number of use of force incidents.

          (7) Number of inmate appeals, including the number being  
          processed, overdue, dismissed and 
                upheld.

          (8) Number of inmates in administrative segregation.

          (9) Total contraband seized, specifying the number of cellular  
          telephones.

          This bill states that the report should include two items not  
          currently collected or displayed by COMPSTAT:

          (1)Total budget, including actual expenditures.










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          (2)Number of days in lockdown.


          This bill states that the report on the Case Management Reentry  
          Pilot Program is due to the legislature and the governor by July  
          31, 2017. 
          
                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
                                          
          For the past eight years, this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In February of this year the administration reported that as "of  
          February 11, 2015, 112,993 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.6% of design bed  
          capacity, and 8,828 inmates were housed in out-of-state  
          facilities.  This current population is now below the  
          court-ordered reduction to 137.5% of design bed capacity."(  
          Defendants' February 2015 Status Report In Response To February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).

          While significant gains have been made in reducing the prison  
          population, the state now must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  









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          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.






          COMMENTS

          1.  Need for Legislation 

          According to the Author: 

               California's correctional system lacks transparency  
               and accountability. The public as well as the  
               Legislature have no clear way of accessing information  
               on the management and performance of each warden at  
               California's 33 prisons. 

               SB 601 would require the Secretary of the California  
               Department of Corrections and Rehabilitation (CDCR) to  
               develop a quarterly report for each prison. This  
               measure would require the CDCR to post their report on  
               the CDCR website.










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               The report would include the following information:

                           Staff vacancies, overtime sick leave, and  
                    the number of authorized staff prisons
                           Rehabilitation programs, including  
                    enrollment capacity, and actual enrollment, and  
                    diploma and GED completion rate
                           Number of deaths, specifying homicides,  
                    suicides, unexpected deaths, and expected deaths
                           Number of use of force incidents
                           Number of inmate appeals, including the  
                    number being processed, overdue, dismissed and  
                    upheld
                           Number of inmates in administrative  
                    segregation
                           Total contraband seized, specifying the  
                    number of cellular telephones and drugs
                           Total Budget, including actual  
                    expenditures*
                           Number of days in lockdown*

                 *Data not currently collected by the department  
            using COMPSTAT.

          2.Background   
          
          For the last several years the CDCR has been the subject of a  
          great deal of scrutiny and criticism.  In March of 2004  
          then-Governor Schwarzenegger announced the creation of an  
          "Independent Review Panel" ("IRP") led by former Governor George  
          Deukmejian to examine ways to improve adult and youth  
          corrections in California.  In June of 2004 the IRP released its  
          report, urging in part the establishment of "a system of  
          accountability that includes performance measures by which to  
          evaluate employees and monitor levels of achievement."<1>  The  
          IRP, which assessed a state correctional system prior to the  
          reorganization approved in 2005,<2> stated in part:

          ---------------------------
          <1>   Report of the Independent Corrections Review Panel (June  
          2004), p. 26.  The report is available online at  
          http://cpr.ca.gov/Review_Panel/.
          <2>   The reorganization of the corrections agency was codified  
          in SB 737 (Romero), Ch. 10 Stats. 2005.








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               To a significant extent, the problems of California's  
               Correctional system grow out of its structure.  The  
               Secretary of the Youth and Adult Correctional Agency,  
               for example, has no control over line operations.   
               Instead, the state's 32 prison wardens and eight  
               juvenile institution superintendents each operate  
               independently, with little consistency in procedures  
               and minimal help from headquarters.  Lines of  
               responsibility are blurred by layers of bureaucracy  
               between managers and functions.  Accountability is  
               conspicuously absent, as is transparency for the  
               public into the system's inner workings.  Clear,  
               uniform policies governing the system's most vital  
               functions - fiscal matters, personnel and training,  
               internal affairs, information technology, and health  
               care - are equally lacking.  Boards, commissions, and  
               other entities that have evolved over the decades  
               perform duplicate and overlapping functions.  And the  
               system's organizational structure has not kept pace  
               with the massive growth in inmate population or with  
               the vast geographical spread of the institutions.  

               The sheer size and complexity of the correctional  
               system, the critical nature of its mission, and the  
               severity of the problems dictate the need for  
               wholesale reform, and that reform should begin with  
               the system's organizational structure. The Corrections  
               Independent Review Panel therefore proposes that the  
               state's correctional agencies be reorganized according  
               to the plan described in this chapter.  While the  
               restructuring alone will not produce the necessary  
               reforms, it will serve as the foundation for cleaning  
               up the prison system, reining in costs, curbing  
               misconduct, holding correctional administrators  
               accountable for the system's performance, and making  
               communities safer by doing more to ensure that inmates  
               and youth wards leave custody better prepared to  
               function in society.<3> 




          ---------------------------
          <3>   Id, p. 1 (emphasis added).








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          The IRP, which recommended a restructuring that "'flattens' the  
          organization by removing layers of bureaucracy that have  
          obscured lines of authority and accountability between top  
          managers and the functions for which they are responsible,"<4>  
          identified the following management principles as key to  
          reforming the state's correctional system, and in particular  
          recommended:

               Transforming the culture of the Department of  
               Corrections and the California Youth Authority into  
               one in which personal integrity and loyalty to the  
               department mission consistently take precedence over  
               loyalty to co-workers suspected of wrongdoing,  
               requires a vigorous, multi-pronged approach.  The  
               effort should be guided by quality management  
               principles incorporating clear objectives and purpose;  
               key performance measures; consistent monitoring; and a  
               system of correction and reward.  Quality management  
               principles accomplish the following: 

                     Provide clarity of purpose in each employee's  
                 job; 
                     Link each person's work to the department's  
                 mission; 
                     Foster continual improvement; 
                     Bring accountability to all department  
                 levels.<5> 

          With respect to management staff, the IRP stated the department  
          "must provide supervisors, managers, and executive management  
          every possible opportunity to succeed.  

               These individuals must be given a clear understanding  
               of the responsibilities of their positions.  They must  
               also receive performance evaluations to ensure that  
               they grow in their positions and know how to improve  
               their performance.  To accomplish that purpose, the  
               Department of Correctional Services should take the  
               following actions: 

                           Develop specific job objectives in the  


                  ---------------------
          <4>   Id. p. 4.
          <5>   Id., p. 20-21 (emphasis added). 








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                    job description for all managers, and executives,  
                    and rate job performance by these objectives at  
                    least annually.  The specific job objectives and  
                    method of rating job performance must be  
                    standardized to ensure consistency. . . .   
                         These basic management steps must be  
               incorporated into the performance evaluations of each  
               manager and evaluated at least annually.  Clear    
               standards lead to better accountability of employee  
               actions and help identify employees who need further  
               training or mentorship. . . . <6> 
           
          Specifically with respect to wardens, the report states:   

               To provide a model for exceptional performance by  
               wardens Secretary Lehman of the Washington State  
               Department of Corrections noted: 

                  There are five questions to ask top performing  
                  wardens to find out how effectively they deal  
                  with an issue: (1) What alternatives or options  
                  were considered? (2) What were the expected  
                  results? (3) What data was tracked? (4) What  
                  barriers were encountered? (5) What actions were  
                  taken to improve the problem?<7>

          Following the IRP report, in 2005 Governor Schwarzenegger  
          proposed to reorganize what then was the "Youth and Adult  
          Correctional Agency."  Accountability was a key goal of the  
          proposed reorganization:

               Restructuring will establish clear lines of reporting,  
               accountability and responsibility and performance  
               assessment that will improve services, reduce the  
               likelihood of repeat offenses and eliminate abuses  
               within the current system.  It will centralize  
               services and activities to remove duplication and  
               leverage the scale of the Department's $6 billion  
               spending authority, thus reducing the cost of  
               operations.  The reorganization will deliver a safer  
               society at less cost to


               ----------------------
          <6>   Id., p. 75. 
          <7>   Id. p. 94.








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               the people of California.<8>


          In its report assessing the Governor's proposed reorganization,  
          the Little Hoover Commission stated in part:

               The plan clarifies and strengthens the chain of  
               command from the secretary to the prison wardens and  
               Youth Authority superintendents, who under the current  
               system operate with little accountability to the  
               secretary or loyalty to the organization.  Wardens and  
               superintendents will report to the secretary through a  
               division director and chief deputy secretary and will  
               not require Senate confirmation.  The proposed  
               reorganization would give the secretary necessary  
               authority over all activities in the agency and its  
               subordinate departments, thereby increasing the  
               ability of the Governor, lawmakers and the public to  
               hold the secretary accountable for the performance of  
               correctional programs.

               . . .  The lack of a unified structure for prison work  
               and education programs has diminished their  
               effectiveness.  The longstanding practice of allowing  
               prisons to operate independently has hindered  
               accountability and hampered the standardization of  
               policies, contributing to inmate abuse and expensive
               lawsuits.<9>

          With respect to wardens prior to the 2005 reorganization, the  
          Little Hoover Commission noted:

               Under the current system, the Secretary reports to the  
               Governor, but he does not have the actual power to  
               change the operations of the Department of Corrections  
               and the California Youth Authority that administer the  
               correctional institutions. As a result, the Governor  
               ----------------------
          <8>   Governor's Reorganization Plan, Reforming California's  
          Youth & Adult Correctional Agency (Appendix "A," Reconstructing  
          Government: A Review of the Governor's Reorganization Plan:  
          Reforming California's Youth and Adult Correctional Agency,  
          Little Hoover Commission (Feb. 2005).
          <9>  Id (emphasis added).








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               cannot truly hold the Secretary accountable for the  
               performance of the correctional system or enact major  
               reforms in the way prisons are administered.  Nor can  
               the Secretary dismiss a warden of an institution.  
               Currently the system's 32 wardens and eight  
               superintendents do not report
               directly into the Secretary.  Each warden employs  
               different standards and different operating  
               procedures.  This decentralized framework, along with  
               Senate confirmation of wardens, has helped create a  
               system of operational silos with little accountability  
               or sharing of best practices outside the facility  
               walls.<10>

          WOULD THIS BILL IMPROVE ACCOUNTABILITY FOR PRISON OPERATIONS?


                                      -- END -





          





















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          <10> Id. (emphasis added).