Department of Correctional Services

The enacted budget makes the following changes to the Executive Budget (analysis as of March 30, 2009):

• Increases the All Funds appropriation by $11,293,000.  All increases are in the Supervision of Inmates Program, and include $4.3 million in a Maintenance Undistributed appropriation for the continued operation of Camp Georgetown; and $5.25 million in Personal Services and $1.75 million in Non-personal Services which we believe are related to rejection of the delayed implementation of expansion of the mental health program authorized by the SHU Exclusion law (the Assembly stated that $8.6 million in funding was restored, some of this funding may be in the OMH budget).

• Amends the Article VII bill to provide for the closure of Camps Gabriels, Mt. McGregor and Pharsalia any time between July 1, 2009 and March 31, 2010.  Requires a plan for facility adaptive reuse to be provided to the legislature by October 1, 2010.  Permanently removes annexes and special housing units from the 12 month notice provisions.  Provides that any additional facility closures will have to comply with the 12 month notice provisions.

• Rejects Article VII legislation that would have delayed the expansion of mental health program authorized by the SHU Exclusion Bill by 3 years (until July 2014), allowing DOCS to evaluate the effectiveness of the Residential Mental Health Unit at Marcy and reassess need.  The legislation would also have restricted mental health services requirements of the SHU bill to only level 1 and 2 DOCS prisons, and reduced initial specialized mental health training for staff.

• Enacts Article VII legislation that establishes a pilot program (not to be held at Orleans Correctional Facility) for filing applications for Medicaid eligibility prior to an inmate’s release. Gives the Commissioner the authority to contract out for any services that may be needed in connection with the pilot program.

• Enacts Article VII legislation reforming the Rockefeller Drug Laws, establishing diversionary drug treatment programs for nonviolent first time offenders and allowing for the resentencing of some incarcerated offenders.

The 30-day amendments to the Executive Budget recommend (analysis as of 1/20/09):

According to the Assembly Yellow Book (analysis as of 1/5/2009) the Executive Budget:

• Proposes an increase of $25 million in Special Revenue Funds (presumably the Capacity Contracting Account, below) to allow DOCS to enter into contracts to house Federal or local inmates in DOCS facilities. This will result in the increase of 10 FTEs.

According to the Senate White Book (analysis as of 1/9/2009):

The Executive Budget recommends (analysis as of December 17, 2008):

• A FY 2009-10 workforce of 31,673 FTEs, a decrease of 1,342 FTEs from the adjusted FTE level for FY 2008-09. The reductions will all be achieved through attrition which primarily reflects anticipated facility closures (-554 FTEs), and sentencing and parole reforms that will reduce the inmate population by 1600 inmates (-750 FTEs). Overall there will be 1,503 FTE positions eliminated through attrition offset by 161 new FTE positions including 10 in the Correctional Industry program and 5 in the Health Services program. 140 FTE positions will be eliminated in the Program Services program. FTE adjustments during FY 2008-09 increased a net of 70 FTEs, in the following programs: Administration (+5), Health Services (+4), Program Services (+25), Supervision of Inmates (-20) and Support Services (+66). The Executive Budget Briefing indicates that “every effort will be made to avoid layoffs. However, the DOCS consolidations may require some staff to work at new facilities, most of whom will do so voluntarily.”
• A June 2009 closure date for Camp Pharsalia, Camp Gabriels, Camp Georgetown and the camp at the Mt. McGregor Correctional Facility. Annexes at several facilities will also close. 2009-10 savings: $11 million; 2010-11 savings: $15 million)
• An All Funds appropriation of $2.66 billion, a reduction of $24.76 million (-0.9%). This reflects a General Fund reduction of $42.3 million (-1.7%), which appears to be due to the elimination of restorations in the FY 2008-09 budget ($21.4 million in the Supervision of Inmates Program) and shifting funding to Special Revenue-Other through the creation of a $25 million Capacity Contracting Account in the Administration Program, offset by increases in various programs. The purpose of the Capacity Contracting Account should be clarified in statewide labor-management.
• Personal Services funding is reduced by $28.1 million (-1.5%). However the Executive Budget Agency Presentation narrative for DOCS shows a net $78.6 million decrease in the personal service appropriation from the adjusted SFY 2008-9 agency appropriation. This reflects adjustments due to the Special Pay Bill containing negotiated union raises and agency-wide reductions made during the fiscal year.
• Contractual Services funding is reduced by $17.55 million (-5%). This contradicts information in the Consulting Service Contract table in the Financial Plan, which shows that DOCS employed an estimated 43 employees under consultant contracts in SFY 2008-09 at a cost of $9.8 million or an average cost of $228,342 per consultant contract employee and will employ the same number of contract employees at the same cost in 2009-10. This discrepancy should be addressed at statewide labor-management.
• Farm operations at 12 prisons will close (-90 FTEs, none of which are PEF positions).
• Article VII legislation modifies the 12 month closure notice requirement to allow a 90 day notice of a prison closure in times of economic crisis, to exclude facility annexes and special housing units from all closure notice requirements, and to allow DOCS to house local inmates and federal prisoners in excess prison capacity. SFY 2009 savings: $26.3 million, not including revenue from housing non-state inmates.
• Article VII legislation delays the expansion of mental health program authorized by the SHU Exclusion Bill by 3 years (until July 2014), allowing DOCS to evaluate the effectiveness of the Residential Mental Health Unit at Marcy and reassess need. The legislation further restricts mental health services requirements of the SHU bill to only level 1 and 2 DOCS prisons. The bill also reduces initial specialized mental health training for staff from 16 hours to 8 hours plus an orientation program in the units. Additional training requirements are reduced from 8 hours annually to two 4 hour sessions during which the out-of –cell mental health programming for inmates may by suspended or decreased. SFY 2009-10 savings: $19 million, SFY 2010-11 savings: $27.4 million for both DOCS and OMH.
• Article VII legislation implements recommendations of the Commission on Sentencing Reform by expanding eligibility to the Shock Incarceration Program and merit time. The Shock Incarceration Program will be expanded by:

• Article VII legislation authorizes respondents under the Sexual Offender Management Treatment Act (SOMTA) to be retained in DOCS facilities or on parole after their probable cause hearing but before their trial and by authorizing video teleconferencing for certain court proceedings. SFY 2009-10 savings: $2.0 million.
• Article VII legislation allows the Chairman of the Board of Parole to consider the implementation of a graduated sanctions program for parole violators that utilizes a risk and needs assessment that is administered to all inmates eligible for parole. Such a graduated sanctions program could include more intensive supervision immediately after an inmate’s release, alternatives to incarceration and the use of enhanced technologies. The bill allows the Parole Board to utilize a risk and needs assessment in determining which inmates may be released to parole supervision. Also provides that individuals are not required to divulge information about arrests or prosecutions terminated in favor of the accused, youthful offender adjudications and sealed violations. SFY 2009-10 savings: up to $11 million, SFY 2010-11 savings: $44 million.
• Article VII legislation expands the eligibility criteria of medical parole for terminally ill inmates and permits chronically ill inmates to utilize the current medical parole law. SFY 2009-10 savings: $2 million.