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Association of County Commissioners 83rd Annual Convention

Association of County Commissioners 83rd Annual Convention. “Between a Rock and a Hard Place”. Kim T. Thomas Commissioner. Robert Bentley Governor. “Between a Rock and a Hard Place”. What kinda rock? ADOC perspective FY2012 Budget Summary Highlight our solutions ADOC into the future.

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Association of County Commissioners 83rd Annual Convention

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  1. Association of County Commissioners83rd Annual Convention “Between a Rock and a Hard Place” Kim T. Thomas Commissioner Robert Bentley Governor

  2. “Between a Rock and a Hard Place” • What kinda rock? • ADOC perspective • FY2012 Budget Summary • Highlight our solutions • ADOC into the future

  3. 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

  4. Finding these…

  5. Providing ….

  6. Stopping this…

  7. And these….

  8. Fixing this…

  9. “Old” Kilby Correctional Facility erected in 1922

  10. “New” Kilby Correctional Facility erected in 1969

  11. Busting through the Seams

  12. Per Diem Cost for Inmate Healthcare in several State Prison Systems

  13. 2007 Needs Assessments 7.0 5.5

  14. 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

  15. FY2012 Budget Summary

  16. Annual Budgets FY10 – FY12 (Excludes Correctional Industries)

  17. Annual Budgets FY10 – FY12 (Excludes Correctional Industries)

  18. Annual Budgets FY10 – FY12 (Excludes Correctional Industries)

  19. Cuts Required - FY 11 Actual to FY 12 Appropriated • Salaries / Benefits -$10.9 • Inmate Healthcare +$3.9 • Leased Beds -$3.1 • Inmate Food / Clothing +$0.9 • Utilities +$1.2 • Community Corrections -$0.6 • Other +$0.2 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 Inflation Reduction in Available Funds Inflation

  20. OUR solutions

  21. 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

  22. 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

  23. 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

  24. 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 = $6.2 million • FY2011 spent (projected) = $6.8 million • FY2010 spent = $6.1 million 9 out of our 10 best customers have CCP programs

  25. This DID NOT happen by accident

  26. Into the future

  27. Brown v. Plata Justice Kennedy (5-4 decision) “This case arises from serious constitutional violations in California’s 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.”

  28. Not All Justices Agree “Today the Court affirms what is perhaps the most radical injunction issued by a court in our Nation’s history: an order requiring California to release the staggering number of 46,000 convicted criminals.” Justice SCALIA, with whom Justice THOMAS joins, dissenting. 29

  29. 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. 1321–66, 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).

  30. Huntsville Times, June 21, 2011 Written by Bob Lowery “Alabama Chief Justice Sue Bell Cobb and two key Republican lawmakers warn that the Legislature’s failure to pass a sentencing reform package could lead to a federal court takeover of the State’s overcrowded prison system.”

  31. 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 sentence…3000 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

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

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