BILL ANALYSIS                                                                                                                                                                                                    







                       SENATE COMMITTEE ON Public Safety
                             Senator John Vasconcellos, Chair   S
                                1999-2000 Regular Session       B

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          SB 127 (Polanco)                                      
          As amended January 3, 2000
          Hearing date:  January 11, 2000
          Penal Code
          SH:br

                               PLACEMENT ON PAROLE  

                                    HISTORY

          Source:   Author

          Prior Legislation: SB 103 - Chapter 440, Statutes of 1995

          Support:  California State Sheriffs' Association ("support  
          in concept")

          Opposition:None known




                                        KEY ISSUES
           
          SHOULD THE PAROLING AUTHORITY BE REQUIRED TO GIVE "SERIOUS  
          CONSIDERATION" TO PAROLE OF INMATES OUT OF THE COUNTY OF LAST LEGAL  
          RESIDENCE WHEN THE INMATE HAS PARTICIPATED IN AN IN-PRISON DRUG  
          TREATMENT PROGRAM?

          SHOULD THE CRITERIA TO BE CONSIDERED BE RELEASED TO A COUNTY WHICH  
          HAS AN AFTERCARE DRUG TREATMENT PROGRAM THAT IS BEST ALIGNED WITH  
          THE IN-PRISON PROGRAM AND THE NEEDS OF THE INMATE, WITH PRIORITY FOR  
          PLACEMENT IN A COUNTY WITH AN AFTERCARE PROGRAM WHICH ALLOWS  




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          CHILDREN TO BE PRESENT IF THE INMATE IS A PRIMARY CARETAKER OF THE  
          CHILDREN?



                                    PURPOSE
          
          The purpose of this bill is to add additional criteria to  
          which the paroling authority shall give "serious  
          consideration" for parole of inmates out of the county of  
          last legal residence when the inmate has participated in an  
          in-prison drug treatment program, as follows:  release to a  
          county which has an aftercare drug treatment program that  
          is best aligned with the in-prison program and the needs of  
          the inmate, with priority for placement in a county with an  
          aftercare program which allows children to be present if  
          the inmate is a primary caretaker of the children.

           Existing law  generally requires the Board of Prison Terms  
          (BPT), in the case of indeterminately sentenced prisoners,  
          or the Department of Corrections (CDC), in the case of  
          determinately sentenced prisoners, to parole an inmate to  
          the county that was the last legal residence of the inmate  
          prior to his or her incarceration.  (Penal Code section  
          3003(a))

          Notwithstanding that general requirement, an inmate may be  
          released to another county if that would be in the best  
          interests of the public.  If the BPT or the CDC decides to  
          return an inmate to another county, the agency making this  
          decision is required to place its reasons in writing in the  
          parolee's permanent record and send those reasons to  
          specified local law enforcement.  (Penal Code section  
          3003(b))

           Existing law  sets forth criteria which the paroling  
          authority shall consider, among others, in paroling an  
          inmate to a county other than the county of last legal  
          residence and still giving the greatest weight to the  
          protection of the victim and the safety of the community:




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            (1)  The need to protect the life or safety of a victim,  
            the parolee, a witness, or any other person.
            (2)  Public concern that would reduce the chance that the  
            inmate's parole would be successfully completed.
            (3)  The verified existence of a work offer, or an  
            educational or vocational training program.
            (4)  The existence of family in another county with whom  
            the inmate has maintained strong ties and whose support  
            would increase the chance that the inmate's parole would  
            be successfully completed.
            (5)  The lack of necessary outpatient treatment programs  
            for parolees receiving treatment pursuant to Section 2960  
            (treatment of severe mental disorders).

           Existing law  further specifies that the Department of  
          Corrections, in determining an out-of-county commitment,  
          shall give priority to the safety of the community and any  
          witnesses and victims, and that, in making its decision  
          about an inmate who participated in a joint venture  
          program, the paroling authority shall give serious  
          consideration to
          releasing him or her to the county where the joint venture  
          program employer is located if that employer states to the  
          paroling authority that he or she intends to employ the  
          inmate upon release.  (Penal Code section 3003(c) and (d))

           This bill  adds the following to the criteria to be given  
          "serious consideration" for parole out of the county of  
          last legal residence for an inmate who participated in an  
          in-prison drug treatment program:

            release to a county that has an aftercare drug treatment  
            program that is best aligned with the elements of the  
            in-prison program in which the inmate participated and  
            with the needs of the inmate and, that, if the inmate is  
            the primary caretaker of children, priority shall be  
            given to placement in a county that has an aftercare  
            program that allows children to be present.





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                                    COMMENTS

          1.   Need for This Bill  

          Background provided by the author includes the following:

            I have visited several of our in-prison drug treatment  
            programs in the state.  The one consistent message I get  
            from inmate-addicts who are serious about their recovery  
            is that they will not get to go into an aftercare drug  
            treatment program upon their release because their county  
            of last legal residence doesn't have such a program.  I  
            have also heard from parolees who want to attend such a  
            program who have been told by their parole agent that  
            they cannot attend an out-of-county program.

            National studies show, and the Department of Corrections  
            acknowledges, that in-prison treatment without aftercare  
            treatment is virtually a waste of taxpayer dollars.  On  
            the other hand, a recent study by the National Center on  
            Addiction and Substance Abuse at Columbia University  
            showed that when aftercare programs are fully implemented  
            and provided to inmates who have participated in a  
            treatment program in prison, there is a ten-fold return  
            on investment.

            This bill is fiscally responsible by ensuring that the  
            millions of taxpayer dollars spent on in-prison drug  
            treatment is not wasted because there is no follow-up in  
            the community.  The bill would give parole agents the  
            option of allowing a parolee to participate in a drug  
            treatment program outside of the county where they would  
            normally be paroled.  The bill does not require a  
            parolee's placement in such a program - it requires the  
            paroling authority to "give serious consideration to"  
            paroling them to such a county.

            I am working with the representatives of the California  
            State Association of Counties to resolve any concerns  
            they might have about a disproportionate influx of  




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            parolees to certain counties.

            The recidivism rate is unacceptably high - close to 70%.  A  
            large proportion of those parolees who end up back in  
            prison do so because of drug use.  It is in the interest of  
            public safety to encourage parolees to be placed in  
            aftercare drug treatment - residential or outpatient -  
            instead of releasing them back into the environment which  
            supports the drug habit that got them into prison, thereby  
            promoting a vicious, expensive cycle.

          2.   Existing "Therapeutic Community" Drug Treatment  
          Programs in State Prisons  

          The California Department of Corrections currently has  
          approximately 5,000 prison beds dedicated to "drug  
          treatment" programs out of approximately 160,000 inmate  
          beds.  That total includes beds at the Substance Abuse  
          Treatment Facility and State Prison at Corcoran (a  
          contiguous but separate facility from the California State  
          Prison at Corcoran; each of these institutions at Corcoran  
          has a separate perimeter) and other state facilities.

          The drug treatment beds are generally organized on the  
          Therapeutic Community Model.  Such programs are run on  
          contract with providers such as Amity, Walden House, and  
          Forever Free, and Phoenix House.  Assuming 5,000 beds at  
          the present time, that is approximately 4% of the entire  
          inmate beds dedicated to such programs.

          Last year's budget act contains the following specific  
          language which modifies the provisions pertaining to the  
          Department of Corrections:

            13.  Of the funds appropriated in this item, $6,000,000  
            shall be available only for drug treatment in  
            community-based aftercare for graduates of the In-Prison  
            Therapeutic Community Drug Treatment program.  This  
            funding is intended to ensure that at least 50 percent of  
            the graduates from the In-Prison Therapeutic Community  




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            Drug Treatment Program are placed in community aftercare.

            14.  Of the funds appropriated in this item, $3,000,000  
            shall be available only for an additional 1,500 slots of  
            In-Prison Therapeutic Community Drug Treatment  
            programming.  (SB 160 - Chapter 50, Statutes of 1999 -  
            page 412)

          SB 1535 - Chapter 54, Statutes of 1999 - contains the  
          following contingency, which must occur before the new  
          prison authorized in the act may be opened:

            (c)  California State Prison-Kern County at Delano II  
            shall not be occupied until the Director of the  
            Department of Finance finds and reports to the  
            Legislature that the following has occurred:
                  The department has activated or made available a  
               total of 9,000 in-prison therapeutic drug treatment  
               slots or similar modalities.

          3.   Importance of "Aftercare" Drug Treatment Programs  

          It is generally recognized that the Therapeutic Community  
          Drug Treatment programs work best as a continuum.  There is  
          thus a strong incentive for community aftercare to be part  
          of a successful program for inmates who are paroled into  
          the community.  However, there may be several impediments  
          to the implementation of such aftercare programs, including  
          siting and staffing.  Staff for such programs must be  
          trained in that continuum and there are real practical  
          limits on such staff development.

          4.   Current Release of Felons "Out of County"  

          It is committee staff's impression that the current policy  
          of the CDC is to consider paroling an inmate to a county  
          other than the county of last legal residence due to the  
          availability of a residential treatment program if the  
          inmate participated in an in-prison substance abuse  
          treatment program.




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          The October 1, 1999, "CDC FACTS" includes the following  
          information about parolees:

                        POPULATION:  Total: 114,430.  One year  
          change:  5,612 + 5.2%.
                         Paroled to county of last legal residence:   
          85.7%  Other:  14.3%
                        Region I (North/Central Valley): 23,291;  
          Region II (Bay Area/North, Central
                        Coast): 22,520; Region III (LA County):  
          39,113; Region IV (San Diego/S. CA):
                        29,506  Return rate (per 100 avg daily pop)  
          with new prison term:  14.1;
                        Return rate (per 100 avg daily pop) as parole  
          violator:  57.1 
                        Top 5 counties:  LA; 28.3%, San Diego; 6.3%,  
          San Bernardino; 5.7%, Orange;
                        5.2%, Riverside; 4.7%.  (emphasis added)

























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          5.   Possible Issue Raised by This Bill  

          This bill refers to "aftercare drug treatment program that  
          is best aligned with the elements of the in-prison program"  
          without further specifying whether the aftercare program  
          would be residential or a day program.  It may be that the  
          limitations are best left non-specific.  Regardless, there  
          may be some concern that this bill would result in more  
          inmates being diverted to counties, which have been more  
          willing or able to implement such programs.  This bill does  
          not directly address the issue of whether inmates who would  
          otherwise be released to a county with aftercare programs  
          should have priority in placement in such programs over out  
          of county inmates where both would benefit from such  
          placement.  Included in that issue may be whether or not if  
          a program was fully subscribed, a parolee from the county  
          could, would, or should "bump" an out of county parolee who  
          has been successfully working with the program.

          Whether or not this bill would result in the inadvertent  
          consequence of some counties deliberately choosing not to  
          implement aftercare programs in order to "off load"  
          parolees to another county is not possible to ascertain.

          Comment 6, below, quotes from the California State  
          Sheriffs' Association letter which suggests that local  
          government officials and local law enforcement "must have  
          input" in any out of county parolee placements pursuant to  
          this bill.  Given that the Department of Corrections  
          indicates that it currently makes some number of such  
          placements, is there any statistical information to suggest  
          that more local input is needed or that adding such input  
          in statute would be beneficial in making such placements?

          It may be that a sunset on the provisions of this bill  
          would be appropriate in order to allow for an evaluation of  
          the number of parolees who are placed pursuant to its  
          provisions - with a comparison to the number of parolees  
          placed out of county in prior years.











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          6.   Support for This Bill  

          The California State Sheriffs' Association writes in their  
          "support in concept" letter that:

            We . . . respectively request that you work with us to  
            ensure that local government and law enforcement  
            officials have proper input to ensure that we do not end  
            up with an over-concentration of parolees in one area  
            simply because there is a good drug treatment program in  
            that area.

            . . . CSSA suggests that in order for SB 127 to serve  
            both the inmate and the community in which the person  
            will be released, local government officials and local  
            law enforcement must have input - under provisions of  
            this section -into where parolees are released and for  
            what reasons.  SB 127 does have the potential to create a  
            situation where a community is, in effect, punished for  
            having a drug treatment program because it will become  
            the release point for parolees that wish to participate  
            in that program.

            We will gladly work with you and groups such as CSAC, the  
            League of California Cities, the California Police  
            Chiefs' Association and others to work out how best to  
            provide these opportunities to parolees while protecting  
            our communities.



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