AB 109/117

Public Safety Realignment

AB 109January, 2011 -Proposed in Governor’s budget

April -Passed by legislature, signed by Governor

June -Funding and clarifying legislation in AB 117, AB 118 with passage of State Budget

October 1 - -Public safety Realignment became operative

November 1 -Board approved Sonoma County Interim Realignment Plan

July, 2012 -Board approved Sonoma County Year 2 Realignment Plan

Why Realignment

Coleman/Plata –prison overcrowding lawsuit

State budget

Recidivism rate from CDCR

Research

Misconceptions

Realignment does not result in early release of any currently sentenced felons.

Realignment does not transfer custody of any prisoner from State Prison directly to County Jail.

Rather, it changes jurisdiction of specified populations from state to local control, by changing sentencing and supervision requirements

AB 109 Overview

Shifted responsibility of specific felons to county control

Established Post Release Community Supervision (PRCS)

Established new sentencing scheme

Tasked Community Corrections Partnerships (CCPs) with planning for, and implementation of local plans

Non-non-non Offenders

These offenders are serving their sentences locally, sentenced under PC 1170(h).

Typically, sentence structured as some combination of local jail time, with period under Mandatory Supervision by Probation.

Current or prior offense must be:

Non-violentNon-seriousNon-sex

Unless excluded by one of 70+ specified crimes

Post Release Community Supervision

(PRCS)Probation supervises these offenders upon release from prison:

– Current Non-violent offenders– Current Non-serious offenders– Some Sex offenders– Does include offenders with a serious/violent offense in criminal

history (as long as it’s not current offense).– Does not include 3rd strikers

Local Impacts

CDCR estimates of ADP for Sonoma County, at full implementation:

- PRCS - 164 supervised by Probation

- PRCS - 21 in County Jail on violation

- Non-non-non - 230 additional in the local system (some in County Jail; some on Mandatory Supervision, supervised by Probation)

Local Impacts - Unknowns

-How many PRCS offenders will we receive?

-What will their needs and risk be?-How will system charge, sentence non-non-nons?

-How many will be sentenced?-How will they be sentenced?

Custody? Mandatory Supervision? Split?-How will new laws impact Felony Probation?-Impact of #s, credits, programming on County Jail ADP?

Realignment Challenge

Realignment provides limited funding for each County.

How will local system react?

Can we impact this?

How must our criminal justice system function to handle many more offenders wisely, safely, and without losing money?

Realignment Funding

Total funding at state levelCalculated from state’s experience/model

Distribution among 58 countiesCSAC created formula for FY 2011/2012

Local PlanCommunity Corrections Partnership recommends, BOS approves

Sonoma County Strengths

Criminal Justice Master Plan

Belief in upstream initiatives

Culture of collaboration

Criminal Justice Master Plan

Precipitant: Rising jail population, possible need for increased beds.Projected cost: $300+ million

Quest for Plan BConsultant spends year studying CJ systemSeries of recommendations, fleshed out over a second yearCriminal Justice Master Plan approved by Board of Supervisors Jan, 2010

Key pieces:-Use of EBP, assess level of risk, resources follow risk, etc.-Early Case Resolution Court-Pre-trial program-Day Reporting Center-Community Corrections Center

Local Planning Process

Community Corrections Partnership (CCP)

14-member committee, created by SB 678 in 2009, predating Realignment

Realignment builds on SB 678, and defines CCP Executive committee (voting members)

Community Corrections Partnership

Exec Comm Steve Freitas, SheriffJill Ravitch, District AttorneyJose Guillen, Court Executive Officer, as designee of Presiding JudgeKathleen Pozzi, Interim Public DefenderMichael Kennedy, Director of Mental Health/AODSTom Schwedhelm, Chief of Police, Santa RosaRobert Ochs, Chief Probation Officer (Chair)

Efren Carrillo, Board of SupervisorsVeronica Ferguson, CAORene Chouteau, Superior Court Presiding JudgeKaren Fies, Director, Employment and Training, Human ServicesMichael Gossman, CAO AnalystMarlus Stewart , Director, DAACGina Burk, Victim Witness Director, DA’s OfficeSteven Herrington, Superintendent, Sonoma County SchoolsJerry Dunn, Interim Director of Human Services

Organizing Principles

Use of detention beds should be minimized, in a manner that is consistent with public safety, and the integrity of the criminal justice system;

The system, and decisions, should be risk-based;

Research tested methods should be used, as much as practicable.

Early CCP Decisions

County’s Criminal Justice Master Plan should be foundation

Programming should be provided for in-custody, as well as out-of-custody offenders

A Day Reporting Center should be a fundamental component of the Plan

Plan should be considered Interim

Sub-Committees

SupervisionCarla Maus, Chair

SentencingJudge Dana Simonds, Chair

Detention Alternatives/Programming/ReentryMichael Kennedy, Sheralynn Freitas, Co-Chairs

Data Management and EvaluationKim Gilmore, Chair

Plan Development Considerations

• Realignment legislation itself• CCP’s adopted Organizing Principles• Sonoma County’s CJMP

• Sub-Committee recommendations• Projections of local ADP numbers• Assumptions about offenders’ risk and needs• Anticipation of how criminal justice system will react

• Recognition that needs exceed resources, requiring prioritization

Realignment Funding

Realignment legislation assumes Counties will manage these populations differently than the State, through a combination of jail time, supervision, detention alternatives, and programming.

In fact, we must manage the new populations differently. Funding will not be sufficient if we follow the State, i.e.:

-lock up offenders for significant periods-not address needs and risk-simply release

Interim Realignment Plan, 11/12

Programming $1,109,000In-custody 282,000Out-of-custody 827,000

Supervision 1,106,000Custody 570,000Detention alternatives mgmt 160,000Data management 117,000Criminal Justice Consultant 50,000Start-up/admin 250,000Contingencies 257,000Total: $3,619,000

Non-non-non Experience

As of 1/25/12:

• Court sentenced 238 offenders under 1170(h)• 140, or 59% of these have been split, i.e., part custody, part Mandatory

Supervision• Length of sentences have varied, with maximum 13.5 years.• 63 non-non-non offenders have been released and are currently being

supervised on Mandatory Supervision. These numbers will continue to increase.

Jail ExperienceAs of 1/25/2012:

• Increased Population – 158 inmates currently serving sentence under 1170(h)

• 52 % assessed as High Risk to re-offend• 63% with split sentences will be released to Mandatory Supervision

– Parolee increase from Average Daily Population (ADP) of 7 inmates prior to AB109 to ADP of 32 inmates

– PRCS ADP of 12 inmates

Inmate Search in Sonoma County, CA

Jail Experience

• Increased In – Custody Programming– Target High to Moderate Risk to reoffend based on STRONG assessment– Enhanced Starting Point program

• High Risk Group started March 2012 with a total enrollment of 57 individuals • Moderate Risk Group started April 2012 with a total enrollment of 49 individuals

– Introduced MRT (a cognitive based therapy) to curriculum in September 2012:• High Risk Group with a total enrollment of 24 individuals • Moderate Risk Group with a total enrollment of 28 individuals

• Detention Alternatives – Electronic Monitoring Program– Implemented December 1, 2011– One Correctional Deputy assigned– 191 inmates enrolled since implementation with 30 participants active as of 12/31/12.– Approximately 90% enrolled are working, enrolled in school and/or participating in

rehabilitative programs in the community (i.e., AA, NA, Anger Management, etc.)

PRCS Experience

As of 12/31/12:

• Supervised by 10 Probation Officers, plus Sheriff’s Deputy, and CHP officer• 349 PRCS offenders released to Sonoma County• 267 active in the community• Of 349 released to Sonoma County, 24 failed to appear for initial report• 147 were on warrant status• 80 individuals have committed total of 114 new offenses• 57 have been revoked• 109 have been incarcerated with use of flash incarceration• Risk levels: 72% high-risk to reoffend

Day Reporting Center Experience

As of 1/25/12:

• Began operations January 2012 with a target maximum ADP of 100 individuals

• Capacity expanded in September 2012 to raise the maximum ADP to 150 individuals

• Anticipated to take 9-12 months for individuals to complete all 3 phases of the DRC program

• A total of 308 offenders have enrolled since inception:– 140 are currently active (approximately 60% are PRCS or 1170h)– 17 have successfully completed the program

Realignment Funding - Year 2

• Total state funding - $842 million (Year 1, approx $350 million)

• CSAC again negotiated formula, expected to be used for years 2 and 3

• Sonoma County projected to receive $9.027 million for FY 2012/2013, plus $150 k planning money.

Development of Year 2 Plan/Budget

• CCP recommends continue with Interim Plan and Programs

• Interim plan directs study, and begin Pre-trial, if feasible

• Recommendations for additional funding:– Data Management and Evaluation Sub-committee– Detention Alternatives/Programming Sub-committee– Other departments, via CCP meetings

• Funding predominantly recommended for custody, supervision, detention alternatives, and programming.

• Carry-over balance of $1,201,744 - recommend use for contingencies

• CCP approved year 2 recommendations on 7-0 vote May 22

Custody

• Continue AB 109 funding of 1 unit in NCDF

• Continue AB 109 funding of Electronic Monitoring Program

• Sheriff’s SERT (Specialized Emergency Response Team)– train 2 new members

Supervision

• Continue supervision with POs, assistance of Sheriff, CHP;-add 50 k for local LE assistance-add .5 DA Gang Task Force Investigator

• Enhance PO ratio to 35:1 (currently 40:1).

• Add POs incrementally as number of offenders grows

Programming - In-custody

• Mental Health $234,632• “1370” restoration services 374,000• Starting point 150,000• Program manager 146,631• Jail programs 138,412

cognitive behavioral, anger mgmt, non-violent comm, parenting, employment preparation, etc.

• PO – 1170(h) offender assessment 127,596Total: $1,171,271

Programming - Out-of-custody

• Day reporting center $1,535,000• Mental Health 214,475• Substance Abuse Treatment 452,500• DV programming 27,120• Housing 45,000• GED prep 43,000• Job training and job search assistance 165,489• Business rep 37,500• General Assistance 70,000Total $2,590,084

Additional Recommendations

• Pre-Trial $1,012,410• Detention alternatives 717,407• Data management 135,000• Criminal justice consultant 80,000• County Counsel 15,000• Administration (department analyst) 137,789• Contingencies 1,286,941

Pre-trial

Criminal Justice Master Plan:

Pre-trial program necessary for County to fully realize benefit of Early Case Resolution Court

Early Case Resolution Court 2009 CGFDay Reporting Center 2012 AB 109Pre-trial program 2013 AB 109Community Corrections Center ? SB 1022?

Interim Realignment Plan:

Directed Pre-trial study, with anticipated implementation in year 2.

Pre-trial

Core system function providing universal front-end screening

Recommendations from Criminal Justice consultants:-base on evidence-based “risk principle”-develop locally derived pre-trial risk tool-develop locally derived matrix - input from CJ stakeholders-create hybrid program:

-Sheriff classification staff provide assessment-Probation Officers provide supervision

Benefits:-facilitates efficient case processing-supports jail management-risk-based decision making-expedited access to available services-increased effectiveness, by reducing pre-trial failure

Contingency Funds

CCP identified several areas that may deserve/need funding in year 2:

DUI CourtSheriff LPAdditional unit in NCDF

Recommend use of carry-over funds ($1,201,744)

Recommend total contingency fund of $1,286,941, or 12.3% of total available funding for year 2.

Realignment Plan and CJMP

-Day Reporting Center-Pre-trial-Use objective risk-assessment instrument -Probation to use STRONG assessment in MADF -Employment assistance -Target higher-risk offender-Mental health evaluation and services-Substance abuse treatment-Expedite entry into treatment-Ensure treatment continuity-Cognitive skills programs-GED classes-Build on data collection

Proposed Year 2 Realignment Budget

Programming $3,761,355 In-custody 1,171,271Out-of-custody 2,590,084

Detention alternatives 717,407Supervision 1,988,052Custody (including SERT) 1,104,970Data management 135,200Pre-trial 1,012,407Local Law Enforcement support 50,000DA Gang Task Force Investigator 90,000Criminal Justice Consultant 80,000 Administration 137,789County Counsel 15,000Contingencies 1,286,941 Total: $10,379,121

Data Collection

Board of State and Community Corrections (BSCC) working with:Administrative Office of CourtsCalifornia State Association of CountiesState Sheriff’s AssociationChief Probation Officers of California

Developing and implementing first phase baseline and ongoing data collection instruments

Data Collection

State Sheriffs collecting for each county:

PRCS:Total booked, booked on flash, booked on new chargeServing jail time for revocation

1170h sentences:Number sentenced to local custodyOffenders released to sheriff’s alternative custody programNumber from alt custody program returned to custody

State parolees:Booked on parole violation, new charges, serving local sentence

Data Collection

Chief Probation Officers collecting for each county:

PRCS: 1170h sentences:Released from CDCR jail onlyOn warrant split sentencesClosures activeRecidivismActive

New felony probation grants

Data Collection

Sonoma County

– Recommend hiring consultant to assist in establishing long-term evaluation for Sonoma County’s Realignment plan.• Based on best-practices• Determine data elements• Determine evaluation questions

– Hire Business Intelligence Programmer – to build data gathering process and reports to implement the above plan.

– Inter-department data sharing pilot between Probation, Health, and Human Services, to match individuals across disparate data sources.

This plan:-Protects public safety-Is balanced-Is an upstream approach-Is consistent with Criminal Justice Master Plan-Is consistent with Sonoma County’s values-Fits within anticipated resources