Association of County Commissioners 83rd Annual Convention Between a Rock and a Hard Place

Between a Rock and a Hard Place

What kinda rock? ADOC perspective FY2012 Budget Summary Highlight our solutions ADOC into the future

Alabama Department of Corrections 101

ADOC operates 29 major facilities
Oldest
Draper Correctional Facility (1939) Tutwiler Prison for Women (1942)

Newest
Easterling and Ventress Correctional Facilities (1990) Bibb Correctional Facility (1998)

Operating budget FY 2011 = $436,000,000

Approximately 26,400 inmates Approximately 4,000 employees

Finding these

Providing .

Stopping this

And these.

Fixing this

Old Kilby Correctional Facility erected in 1922

New Kilby Correctional Facility erected in 1969

Busting through the Seams

Designed Capacity
508 639 652 650 918

Facility
Staton (1978) Bullock (1986) Easterling (1990) Ventress (1990) Bibb (1998)

Current Population
1,378 1,325 1,355 1,660 1,931

Percentage of Capacity
271% 207% 208% 255% 210%

Per Diem Cost for Inmate Healthcare in several State Prison Systems
$35.00 $30.00 $25.00 $20.00 $15.00 $10.00 $5.00 $0.00
Te xa s ne ss ee hi ga n am a id a in a gi a Yo rk as Ge or ka ns Al ab Ca ro l Fl or Ne w Te n Ca lif Ar M ic or ni a

$30.14

$9.54 $9.88

$17.12 $11.47 $12.39 $10.44 $10.57

$17.14$18.01

No r

th

2007 Needs Assessments

Needs in Millions 12.4 14.0 2.1 11.2 15.6 18.3 7.7 After Land Sales and ESCO 2013

Identified Building Envelope Plumbing Electrical Mechanical (HVAC) Critical Work Security/Hardware Life Safety

7.0 5.5

Capital Improvement Projects

Energy Performance Contracts
Code of Alabama 41-16-140 Jump started with $21 million grant from Department of Energy $100 million in energy conservation retrofits
Utility savings covers installation costs

www.energyservicecoalition.org/chapters/al/AL

Land Sales
Staton kitchen (Paul Watson Dining Facility) Added 300 beds at Limestone Pre-Release Added 550 beds at Decatur and Easterling General maintenance and roofing repairs

FY2012 Budget Summary

Annual Budgets FY10 FY12 (Excludes Correctional Industries)

Revenues General Fund Federal Funds Misc Revenue Expenses Salaries/Benefits Inmate Medical Leased Beds Inmate Food/Clothing Utilities Community Corrections Other

$ $ $ $ $ $ $ $ $ $ $ $

FY 10 265.4 119.9 36.8 422.1 244.0 94.4 10.4 18.3 18.2 6.1 30.7 422.1

$ $ $ $ $ $ $ $ $ $ $ $

FY 11 346.4 39.1 50.5 436.0 253.6 98.9 8.9 19.2 18.5 6.8 30.1 436.0

Appropriation FY 12 $ 377.9 $ $ 49.7 $ 427.6 $ $ $ $ $ $ $ $ 242.7 102.8 5.8 20.1 19.7 6.2 30.3 427.6

Annual Budgets FY10 FY12 (Excludes Correctional Industries)

Revenues General Fund Federal Funds Misc Revenue Expenses Salaries/Benefits Inmate Medical Leased Beds Inmate Food/Clothing Utilities Community Corrections Other

$ $ $ $ $ $ $ $ $ $ $ $

FY 10 265.4 119.9 36.8 422.1 244.0 94.4 10.4 18.3 18.2 6.1 30.7 422.1

$ $ $ $ $ $ $ $ $ $ $ $

FY 11 346.4 39.1 50.5 436.0 253.6 98.9 8.9 19.2 18.5 6.8 30.1 436.0

Appropriation FY 12 $ 377.9 $ $ 49.7 $ 427.6 $ $ $ $ $ $ $ $ 242.7 102.8 5.8 20.1 19.7 6.2 30.3 427.6

Annual Budgets FY10 FY12 (Excludes Correctional Industries)

Revenues General Fund Federal Funds Misc Revenue Expenses Salaries/Benefits Inmate Medical Leased Beds Inmate Food/Clothing Utilities Community Corrections Other

$ $ $ $ $ $ $ $ $ $ $ $

FY 10 265.4 119.9 36.8 422.1 244.0 94.4 10.4 18.3 18.2 6.1 30.7 422.1

$ $ $ $ $ $ $ $ $ $ $ $

FY 11 346.4 39.1 50.5 436.0 253.6 98.9 8.9 19.2 18.5 6.8 30.1 436.0

Appropriation FY 12 $ 377.9 $ $ 49.7 $ 427.6 $ $ $ $ $ $ $ $ 242.7 102.8 5.8 20.1 19.7 6.2 30.3 427.6

Cuts Required - FY 11 Actual to FY 12 Appropriated Salaries / Benefits -$10.9

Increased Benefit Cost passed on to Employees Increased Overtime by $1 million Reduced Employees from 4,272 in March, 2011 to 4,034 by year end Contract Escalation and Anticipated Population Growth Reduction of Leased Beds at CEC Elimination of Leased Beds at Perry County Agreements to Increase Leased Beds in Counties Inflation

Inmate Healthcare Leased Beds

+$3.9 -$3.1

Inmate Food / Clothing

+$0.9

Utilities

+$1.2

Inflation
Reduction in Available Funds

Community Corrections -$0.6 Other +$0.2

Inflation

OUR solutions

Corrections and County Jail Housing Agreements

Who?
Butler, Clarke, Clay, Crenshaw, Lowndes, Pickens and Sumter

What numbers?
365 beds budgeted for FY2012
Totaling $2 million ($15 per day/per inmate goes to county)

Why?
Budget cuts !!!!!! Marginal costs are ABOUT $12 per day Serves as initial reception center before ADOC intake Relieves pressure of 30 day count in Barbour v. Thomas ADOC must have communication to facilitate the removal of unhealthy inmates

County Jail Workers

Code of Alabama 14-6-3 stipulates who may be confined in the county jail
State inmates are needed as dependable workers in county jails

Code of Alabama 14-3-30, the department shall determine where the inmate shall be taken

July 28, 2006 policy and procedure remain in effect

ADOC K9 Resources
Coverage divided into 8 areas
Includes 7 drug detection K9s (soon to be 8)

Tracking teams
Bibb, Elmore, Escambia, Jefferson, Limestone, Montgomery and St. Clair

Drug detection
Barbour, Bibb, Elmore, Escambia, Jefferson Limestone and Montgomery

Community Corrections Opportunities

Who?
45 counties with 34 total programs 2,799 inmates participating in 2010
192 inmates participating at conception in 2007

1,766 new diversions in 2010

1,108 diversions in 2006

How much?
FY2012 appropriation FY2011 spent (projected) FY2010 spent = $6.2 million = $6.8 million = $6.1 million

9 out of our 10 best customers have CCP programs

This DID NOT happen by accident

County Jail Backlog > 30 days

900 850 800 750 700 650 600 550 500 450 400 350 300 250 200 150 100 50 0 -50

709

179 15 24 7 11

111 6 12 10 13 15 14 21 13 8 12 11 3 12 3

11 nJu 11 ay M 1 -1 pr A 11 ar M 1 1 bFe 1 1 nJa 0 -1 ec D 0 -1 ov N 0 -1 ct O 0 1 pSe 0 -1 ug A 0 l-1 Ju 0 1 nJa 9 -0 ug A 9 0 nJa 8 l-0 Ju 8 0 nJa 7 l-0 Ju 7 0 nJa 6 l-0 006 Ju , 2

Ja

1 n.

Into the future

Brown v. Plata
Justice Kennedy (5-4 decision) This case arises from serious constitutional violations in Californias prison system. The violations have persisted for years. They remain uncorrected. This Court holds that the PLRA does authorize the relief afforded in this case and that the court-mandated population limit is necessary to remedy the violation of prisoners constitutional rights.

Not All Justices Agree

Today the Court affirms what is perhaps the most radical injunction issued by a court in our Nations history: an order requiring California to release the staggering number of 46,000 convicted criminals. Justice SCALIA, with whom Justice THOMAS joins, dissenting.
28

Not All Justices Agree

The decree in this case is a perfect example of what the Prison Litigation Reform Act of 1995 (PLRA), 110 Stat. 132166, was enacted to prevent.

The Constitution does not give federal judges the authority to run state penal systems. Decisions regarding state prisons have profound public safety and financial implications, and the States are generally free to make these decisions as they choose. See Turner v. Safley, 482 U. S. 78, 85 (1987).

Huntsville Times, June 21, 2011

Written by Bob Lowery Alabama Chief Justice Sue Bell Cobb and two key Republican lawmakers warn that the Legislatures failure to pass a sentencing reform package could lead to a federal court takeover of the States overcrowded prison system.

What COULD HAVE Been

Key bills in failed sentencing reform package

Class D-New felony classification for low-level property and drug offenses Minimum of one year and maximum of three year sentences
New schedule for drug crimes and revision of quantity thresholds for marijuana violations Distinguishes between low-level drug users and career criminals Raise the amount for trafficking from 2.2 pounds to 5 pounds Inmates eligible for supervised parole 180 days before the end of his/her sentence3000 released????? Tailor-made probation program for moderate to high-risk offenders Increase the monitoring level for those deemed more likely to fail to live up to their terms of probation
-Huntsville Times, June 21, 2011 article by Bob Lowery

Prison overcrowding is so bad, we can't be afraid to talk about it. Senator Cam Ward, Alabaster Birmingham News, March 28, 2011