BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
756 (Ashburn)
Hearing Date: 05/11/2009 Amended: 04/14/2009
Consultant: Jacqueline Wong-HernandezPolicy Vote: Public Safety
6-0
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BILL SUMMARY: SB 756 creates parole diversion pilot projects in
three cities, for certain individuals who violate parole, which
provide substance abuse and anger management treatment. The
programs would be run by service provider contractors, overseen
and evaluated by CDCR, for 24 months. This bill also mandates
that a parolee who is assigned to one of the pilot programs and
fails to successfully complete it will be incarcerated for 9
months.
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
Contract management Minor and absorbable
On going program costs $5,237
$5,237 General
Potential savings (if successful), up to ($35,355)
($35,355) General
Potential costs (if unsuccessful), up to $79,548
$79,548 General
(in addition to program costs)
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
This bill specifies that parole diversion pilot programs will be
established in the cities of Pomona, San Bernardino, and
Riverside, and run by service provider contractors under some
CDCR supervision. While the bill text indicates that it will be
revenue neutral because of savings, such a claim is impossible
to determine, and CDCR estimates substantial program costs.
The immediate costs include CDCR workload increases for finding
three sites meeting author's specifications which include being
in industrial areas of the three cities and being close to a
public transit line. CDCR must also find contractors - the bill
specifies three different contractors if possible - and
determine the appropriate CDCR staffing level for the program
supervision and analysis. CDCR has indicated that it could
likely absorb the ongoing staffing costs for supervision, but
that is more difficult with the programs so geographically close
together.
The Department of Adult Parole Operations (DAPO) estimates that
there are approximately 5,300 parolees are assigned to the
Pomona, San Bernardino and Riverside areas. Of those parolees,
approximately 25% (1,325) are Proposition 36 eligible, and are
thus excluded from this program (per the bill) leaving
approximately 3,975 parolees eligible. Of those, CDCR estimates
that approximately 75% (2,981) would eventually recidivate and
therefore become eligible for the program.
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SB 756 (Ashburn)
CDCR estimates the average ongoing cost of operating these
programs, based on similar programs is $21.96 cost per day, per
participant. Thus, the estimated cost for
running these programs for those 2,981 parolees for 16 weeks (80
days) would be approximately $5,237,020. The bill also
specifies that each participating parolee be provided with a
transit pass, which is approximately $180 per parolee, per
4-month program - more than $500,000. The above cost reflects
the average operating cost for a program similar the one being
proposed. Some programs provide transit passes and others do
not, so it is unclear the degree to which that cost is reflected
in the program operation cost estimate.
The possible savings comes from prison avoidance. Returning a
parolee to prison for a violation is more expensive
participation in diversion programs, if successful. The average
cost for a four month parole violation, which is the average
period of time served for a parole revocation, is approximately
$11,860. This program, however, also has the potential for
increased incarceration costs if a parolee fails the program.
Parolees who fail are returned to prison for 9 months, more than
twice the usual sentence for a parole violation, which would
cost $26,685 per inmate.
Depending on the success of the program, the potential increased
incarceration costs could be minimal or could be has much as
$44,193,325 annually. If it is assumed that 50% of the offenders
participating in the program are revoked (which is the author's
definition of the program being successful) and therefore
subject to the increased 9 month period of incarceration, the
increased incarceration costs for the Department based on the 4
month current average for a revocation would be $22,096,662.