BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           151 (Ducheny)
          
          Hearing Date:  05/04/2009           Amended: As introduced
          Consultant:  Jacqueline Wong-HernandezPolicy Vote: Public Safety  
          7-0
          _________________________________________________________________ 
          ____
          BILL SUMMARY: SB 151 requires the Judicial Council to develop a  
          pilot program for up to 10 parole reentry courts for parolees  
          who would benefit from community drug treatment or mental health  
          treatment. The program would use key components used by drug and  
          collaborative courts using a highly structured model, including  
          close supervision by a judicial officer, dedicated calendars,  
          non-adversarial proceedings, frequent drug and alcohol testing,  
          and close collaboration between CDCR, the courts, and treatment  
          programs. These reentry courts would supervise specified  
          parolees who would otherwise be subject to parole revocation.  
          This bill requires the Judicial Council to submit a preliminary  
          program plan to the Governor and Legislature by March 1, 2010. 
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
                                                                  
          Operating cost for up                                   $1,300 -  
          13,000    $1,300 - 13,000*   
          to 10 court programs                                              
                                                      General

          Program evaluation and reports                        $800        
                     $800              General

          Facilities       Potentially significant, depending on program  
          design and participation                         

          * This bill specifies "up to 10 court-based reentry programs"  
          costing $1,300,000 each.
          _________________________________________________________________ 
          ____
          STAFF COMMENTS: This bill meets the criteria for referral to the  
          Suspense File.
          










          This bill contains substantial upfront costs, which will vary  
          depending upon the number of pilot programs established (the  
          bill allows up to 10) and the number of participants in each  
          program. The Judicial Council estimates its operating costs to  
          be $1.3 million per program based on 2,000-3,000 participants  
          per program. Because this bill provides that the Judicial  
          Council will create the pilot programs, the operations cost will  
          be determined in large part by the number of participants, and  
          level of services and court supervision afforded them. The LAO  
          has estimated that similar programs such as drug courts,  
          typically cost about $10,000 per offender. 

          The Judicial Council has estimated incurring $1.9 million  
          ongoing facilities costs, based on 2,000-3,000 participants per  
          site. These costs will vary by program based on actual  
          participation and the location of the facility, if space is  
          leased. The Judicial Council has also estimated an $800,000 cost  
          for ongoing evaluation and reports, which will vary based on the  
          criteria for the reports (that must still be developed), and the  
          number of programs.

          To the degree that the program is successful, there may be  
          substantial future savings
          Page 2
          SB 151 (Ducheny)

          by avoiding cost of incarceration for parole violations, as well  
          as long term recidivism. While many variables remain for the  
          specific program to be authorized by this bill, the author  
          suggests the following possible savings:

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          |Trial Court Parolee Diversion Pilot                              |
          |                                                                 |
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          |                                                                 |
          |                                                                 |
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          |                                                                 |
          |                                                                 |
          | Key Assumptions                                                 |
          |                                                                 |
          |                                                                 |
          |                                                                 |










          |                                                                 |
          | Number of Courts                                                |
          |                 10                                              |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          | Average Caseload                                                |
          |                500                                              |
          |parolees                                                         |
          |                                                                 |
          |                                                                 |
          | Annual Number Served per Court                                  |
          |             1,500                                               |
          | parolees                                                        |
          |                                                                 |
          |                                                                 |
          | Total Number Diverted                                           |
          |           15,000                                                |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          | Diversion Costs                                                 |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          | Average Treatment Program Cost                                  |
          |$85                                                              |
          | Day                                                             |
          |                                                                 |
          |                                                                 |
          | Average Day Treatment Program Cost                              |
          |                      $20                                        |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          | Average Days in Treatment                                       |
          |                150                                              |
          |                                                                 |
          |                                                                 |
          |                                                                 |










          | Modality of Treatment Assumption                                |
          | 50 % Day, 50 % Residential                                      |
          |                                                                 |
          | Total Cost of Treatment                                         |
          | $118,125,000                                                    |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          | Court Costs ($2,000 per case)                                   |
          |     30,000,000                                                  |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          | County Costs ($1,500 per case)                                  |
          |     22,500,000                                                  |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          |                                                           Costs |
          |   170,625,000                                                   |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          | Avoided Costs                                                   |
          |100%                                                             |
          |50%                                                              |
          |Program completion rate                                          |
          |                                                                 |
          | Prison Costs                                                    |
          | $       62                                                      |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          | Jail Costs                                                      |
          | $       77                                                      |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          | Average Prison Days Avoided                                     |
          |                 90                                              |
          |                                                                 |










          |                                                                 |
          |                                                                 |
          | Average Jail Days Avoided                                       |
          |                 60                                              |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          | Total Prison Costs Avoided                                      |
          |     83,065,500                                                  |
          |41,532,750                                                       |
          |                                                                 |
          |                                                                 |
          | Total Jail Costs Avoided                                        |
          |     69,453,000                                                  |
          |34,726,500                                                       |
          |                                                                 |
          |                                                                 |
          | Parole Violation Valdivia Costs Avoided ($1,000 per case)       |
          |     15,000,000                                                  |
          |7,500,000                                                        |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          |   167,518,500                                                   |
          |83,759,250                                                       |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          |                                                                 |
          |                                                                 |
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          These assumptions suggest that a full 10-site pilot could result  
          in a cost of a low as $3.1 million, but could range as high as  
          $87 million. There may also be potential savings from a  
          reduction in long term recidivism (which evidence suggests is  
          reduced by participation in similar programs), but these  
          calculations are difficult, as they depend on a number of  
          factors.