Joint Committee Committee on Joint Judiciary (01/20/2012)

Final
STAFF SUMMARY OF MEETING

COMMITTEE ON JOINT JUDICIARY

Date:	01/20/2012	ATTENDANCE

Time:	01:35 PM to 03:50 PM	Barker	X
		DelGrosso	X
Place:	HCR 0107	Duran	E
		Giron	X
This Meeting was called to order by		Guzman	E
	Representative Gardner B.	Kagan	X
		King S.	E
This Report was prepared by		Lee	X
	Hillary Smith	Lundberg	X
		Nicholson	X
		Nikkel	X
		Pabon	X
		Roberts	E
		Ryden	X
		Sonnenberg	*
		Waller	X
		Gardner B.	X
		Carroll	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Department of Corrections Briefing State Board of Parole Briefing		Witness Testimony and/or Committee Discussion Only Committee Discussion Only

01:35 PM -- Department of Corrections Briefing

Representative Gardner, chair, called the committee to order. The committee received an issue briefing prepared by the Joint Budget Committee concerning the Department of Correction's strategic plan (Attachment A).

01:36 PM -- Mr. Tom Clements, Executive Director of the Department of Corrections (DOC), introduced himself to the committee. The committee received a handout prepared by the DOC, a copy of the DOC's strategic plan, and a publication prepared by the National Institute of Corrections concerning administrative segregation within the DOC (Attachments B, C, and D, respectively). Mr. Clements spoke about the mission of the DOC, which is "to protect the citizens of Colorado by holding offenders accountable and engaging them in opportunities to make positive behavioral changes and become law-abiding, productive citizens."

01:39 PM

Mr. Clements provided statistics concerning crime rates and the population of offenders in administrative segregation. He spoke about the importance of finding ways to measure the progress of the DOC.

01:43 PM

Mr. Clements moved on to a discussion of the department's strategic planning process. He said that the department has a goal to reduce recidivism by 10 percent over the next three years. He spoke about the reduction of parole revocation rates and the increase in the use of video court appearances. He explained that video court appearances improve public safety by reducing the number of times an offender is taken out of prison to travel to court. He also noted that video court appearances save money related to transportation costs.

01:46 PM

Mr. Clements discussed the work of an interdepartmental reentry steering team. Representative Gardner asked Mr. Clements to elaborate on the effect that recidivism reduction would have on the state budget.

01:50 PM

Mr. Clements described "dashboard measures," which the department recently began posting online. Such measures include statistics related to inmate assaults, enrollment in education classes and substance abuse treatment, full- and part-time employment of parolees, etc.

01:51 PM -- Mr. Karl Spiecker, Director of Finance and Administration for the DOC, introduced himself to the committee. He said that the offender population is the driving force behind the DOC's budget. He discussed historical trends regarding the growth of the offender population. Mr. Spiecker explained that the majority of the DOC's budget comes from the General Fund.

01:54 PM

Mr. Spiecker spoke about inmate population projections and how those projections are incorporated into the budget. He said that the growth pattern has changed over the past few years. He remarked that the inmate population has declined for the past two years. Mr. Spiecker discussed the challenge of accurately projecting the inmate population. He provided statistics concerning the monthly decline in the inmate population. He spoke about the effects of a declining population on the department's ability to plan its operations.

01:59 PM

Mr. Spiecker continued his remarks by directing the committee to page 24 of Attachment B, which provides statistics concerning admission and release rates. Mr. Clements commented on the recent decline in technical parole violations. Mr. Spiecker then discussed the cost of a private prison bed compared to the cost of a state prison bed.

02:01 PM

Representative Waller spoke about recidivism reduction. He said that if the offender population is a driving force behind the budget, and the inmate population has been declining, then he doesn't understand why the department is asking for what he estimates to be a 6 percent increase in spending. Mr. Spiecker said that when the budget was balanced last year, the department's budget was set with an overly optimistic projection of the inmate population. He said if the trend of the last three months continues, the need for the department's decision item is likely to change. However, he said that it is important to fund the number of offenders who are in the system. He provided additional detail concerning the decision item, which was submitted based on data from September. He noted that significant declines have occurred since that time.

02:05 PM

Mr. Clements shared additional remarks in response to Representative Waller's questions. Representative Waller said that if the number of prisoners is reduced, so is the need for prison beds. He said that the only way to really reduce prison beds is to close a prison. He asked what the impact of not closing a prison is on the budget. Representative Gardner asked for a review of which facilities have closed. Mr. Clements said that the department is in the process of closing Fort Lyon, and a private prison has closed, as has a women's prison in Canon City. He continued to respond to Representative Waller's questions.

02:09 PM

Representative Waller spoke about issues concerning the closure of the Fort Lyon facility. Mr. Clements explained the department's process concerning the closure of the Fort Lyon facility.

02:11 PM

Representative Kagan asked for information about administrative segregation beds. Mr. Clements said that it is essential to have some administrative segregation capacity to serve as a "jail within the prison." However, he noted that it is just one tool that the department uses to manage the inmate population. He spoke about a study conducted by the National Institute of Corrections concerning the DOC's administrative segregation and classification systems (Attachment D). He also described a study that the DOC did concerning individuals who had been in administrative segregation for one year or longer. He said that the rate of inmates released directly from administrative segregation to the community has dropped from 44 percent to 22 percent, so the department is moving in the right direction. He noted that 97 percent of the people sentenced to the DOC will eventually be released.

02:15 PM

Senator Carroll thanked Mr. Clements and his staff for their work on the issue of administrative segregation. She expressed her appreciation for the responsible, efficient, and quick manner in which the DOC responded to concerns about administrative segregation. She noted that Senator S. King would also like to extend his interest and support concerning the issue.

02:17 PM

Representative Ryden asked for information concerning variable compared to fixed costs and how those relate to inmate population projections. Mr. Spiecker responded to her remarks.

02:19 PM -- Mr. Tony Carochi, Director of Prison Operations for the DOC, provided additional information regarding reductions in and releases from administrative segregation. He walked the committee through recommendations made by the National Institute of Corrections concerning administrative segregation. Mr. Clements shared additional remarks about the DOC's approach towards implementing the recommendations made by the National Institute of Corrections.

02:24 PM

Representative Gardner asked for thoughts on how the DOC got to a point where administrative segregation became such a problem. Mr. Clements spoke about the tendency to use administrative segregation as a temporary solution to a problem. He believes that the use of administrative segregation evolved over time. He reiterated the importance of not doing away with administrative segregation entirely.

02:27 PM

Mr. Carochi spoke about his experience as the warden at Buena Vista, where there were frequent lockdowns due to security threat group behavior and other threats. He said that the DOC's consultants regularly ask, "are you mad at them or are you afraid of them?" He also noted that the consultants recommend more oversight from Central Classifications concerning administrative segregation classifications. Mr. Carochi continued his presentation. He said that the DOC is developing a policy and procedure around protective custody.

02:31 PM

Mr. Clements spoke about the continued increase in the percentage of the inmate population that has serious mental health problems. He also commented on standards related to the federal Prison Rape Elimination Act (PREA). He said that the U.S. Attorney General will probably not release the final standards until this spring. He also noted that the DOC was awarded a federal grant to help implement those standards.

02:33 PM

Senator Carroll asked for a brief overview of the DOC'S prison rape statistics. Mr. Clements said that the DOC and its employees have zero-tolerance towards prison rape. He discussed the use of hotlines, posters, and other efforts to educate the inmate and employee population. He said that money from the federal grant has been used to bring in victim counselors and trainers. He said that most prison rape occurs among prison inmates in cells. He noted that inmate classification is an important way to help prevent such assaults.

02:36 PM -- Mr. Tim Hand, Director of Adult Parole, Community Corrections, and the Youthful Offender System for the DOC, introduced himself and provided an overview of the programs and facilities that he oversees. He discussed an evidence-based process to make decisions regarding non-technical parole violations. He spoke about statistics regarding the Colorado Violation Decision Making Process, which are on page 34 of Attachment B.

02:44 PM

Representative Nikkel asked for more specific data concerning the kinds of technical violations that the department has seen. Representative Gardner asked if there are other tools with which to respond to technical violations. Mr. Hand spoke about the benefits of legislation creating a return-to-custody environment for certain offenders. He spoke about presumptive ranges, and said that the DOC has begun to create a culture of consistency concerning overrides of presumptive ranges. He discussed similar efforts made by probation and community corrections programs.

02:50 PM

Senator Carroll commended Mr. Hand for embracing evidence-based practices in the area of parole. Mr. Hand spoke about statistics on page 36 of Attachment B related to House Bill 10-1360 concerning parole placement for technical violations.

02:54 PM

Mr. Clements provided closing remarks concerning recidivism rates. He spoke about recidivism by release type, and observed that when offenders have an option for discretionary parole, it helps make the prison safer and work better because it provides an incentive for offenders. He also remarked on benefits for offenders who participate in Correctional Industries, Inc. Finally, he discussed the use of therapeutic communities.

02:58 PM

Representative DelGrosso asked what metrics the DOC uses compared to the metrics used by Legislative Council Staff when projecting the prison population. He noted that the department is asking for the same amount of money it asked for two years ago, despite its decreased inmate population. Mr. Spiecker returned to the table. He said that he would draft a memorandum to address Representative DelGrosso and Representative Waller's questions regarding the budget. He clarified that it is the Division of Criminal Justice within the Department of Public Safety, not the Department of Corrections, that projects the inmate population.

03:00 PM

Representative Lee asked for additional information related to the aging of the prison population. He asked for policy recommendations regarding geriatric release. He also asked if the DOC is able to tap into Medicare funds to pay for the needs of older inmates. Mr. Clements spoke about recent legislation giving the State Board of Parole more of a focus on special needs parole. He noted that increased age is correlated with a reduction in recidivism. He said that he would need to do more research before discussing any policy recommendations. Mr. Clements remarked that there is a group of people from the DOC and the Department of Health Care Policy and Financing exploring ways to get reimbursed for long hospital stays. He said that he knows that several other states do this, though it will require the permission of the federal government. Representative Gardner shared additional remarks on the topic of reimbursement.

03:03 PM

Representative Waller asked whether the departments will return to the committee to provide follow-up data. Discussion ensued concerning the requirements of the SMART Government Act and the future steps that the committee will take.

03:06 PM

Mr. Clements introduced Ms. Joanie Shoemaker, Ms. Peggy Heil, and Mr. Gary Maas.

03:08 PM -- Ms. Joanie Shoemaker, Deputy Director of Prisons for the DOC, came to the table to respond to questions from Representative Gardner concerning the ambulatory surgery center at the Denver facility.

03:12 PM -- Ms. Peggy Heil, Chief of Behavioral Health for the DOC, came to the table to respond to questions from Representative DelGrosso regarding the Sex Offender Treatment Program and the waiting list for people trying to get sex offender treatment. She said that the number of lifetime supervision offenders has created more of a demand for treatment. She stated that the department cannot keep up with the demand for sex offender treatment with its current level of resources.

03:14 PM

Representative Gardner thanked the staff of the DOC for their work.

The following individual testified concerning the DOC:

03:16 PM -- Ms. Christie Donner, representing the Colorado Criminal Justice Reform Coalition, said that her organization is extremely grateful for the work of the department. She extended that thanks to Dr. Anthony Young, chair of the State Board of Parole. She said that unless the legislature actually closes a facility, it will not recoup true savings. She referred to the Fort Lyon situation as a "political football," and said that tough decisions need to be made.

03:19 PM

Representative Lee said that he thought the decision to close Fort Lyon had already been made. Ms. Donner spoke about negotiations concerning whether Fort Lyon should be closed. She noted that legislation would be required to keep it open. She said that there will always be community opposition when a prison should be closed.

03:22 PM

Representative Gardner noted that Representative Barker and Representative Kagan are the House Judiciary liaisons for the DOC.

03:23 PM -- State Board of Parole Briefing

Dr. Anthony Young, chair of the State Board of Parole, introduced himself to the committee and discussed his experience. Committee members received a handout from Dr. Young (Attachment E). Dr. Young discussed the mission of the board. He said that the board has received a technical assistance grant from the National Institute of Corrections.

03:28 PM

Dr. Young continued his presentation. He spoke about a project concerning public involvement and outreach. He discussed his review of the board's functions and operations. He said that there is much that has not changed since he used to serve on the board in the 1970s, particularly with regards to technology. Dr. Young continued to discuss changes made by the board, including the use of the Colorado Actuarial Risk Assessment Scale.

03:33 PM

Dr. Young described training provided to board members. He then moved on to a discussion concerning the presumption of parole for drug offenders pursuant to House Bill 11-1064. He said that the fiscal note projected that 9 offenders would be released, whereas in fact 91 offenders have been released. He explained the reasons that the actual statistics differed from the projections of the fiscal note. Dr. Young continued to describe the effects of House Bill 11-1064.

03:38 PM

Dr. Young moved on to a discussion of Senate Bill 11-241 and its provisions concerning a presumption in favor of parole for certain offenders who have a detainer with the U.S. Immigrations and Customs Enforcement Bureau. He then provided statistics related to special needs parole.

03:40 PM

Representative DelGrosso asked for additional information concerning the presumption of parole for certain offenders. Dr. Young said that all offenders are not created equal, and that they are judged by the same standards. He said that there are 12 factors that the board must take into account when it makes a parole decision. Discussion continued between Representative DelGrosso and Dr. Young.

03:44 PM

Senator Carroll thanked Dr. Young and the rest of the State Board of Parole for its efforts regarding training and technological updates.

03:45 PM

Dr. Young described the financial and safety benefits of video conferences. He said that the board conducts an average of 1,500 hearings per month. He stated that the board members work very hard and are proud to do it.

03:46 PM

Representative Lee asked for additional statistics concerning the work of the board, such as the number of cases that come before the board, the backgrounds of the offenders, and the decisions that were made. Dr .Young said that some of that information is included in the Department of Corrections (DOC) annual statistical report, and other information is available through the board. In response to further questions, Dr. Young stated that the DOC's report is online, and the board is using its technical assistance grant to work on posting its information online. Dr. Young expressed his goals to make the board's process more transparent.

03:49 PM

Representative Gardner asked Representative Barker and Representative Kagan to serve as liaisons with the State Board of Parole.

03:50 PM

The committee adjourned.