Sentencing Commission Bill Comes Before Assembly Committee on Appropriations

The Sentencing Commission Bill, A.B. 1376, will come today before the Assembly Committee on Appropriations. The Analyst’s review connects the Bill to the overcrowding crisis and to the tentative decision in the health care cases. Its comments about the fiscal effects of the new bill are particularly telling as to the shorter, vaguer, amended version of the bill we have discussed here and here:

1)Because this measure is in skeletal form, precise costs cannot be determined. Based, however, on earlier sentencing commission models, annual costs would be in the range of $2.5 million, depending on the authority of the body.

For example, this committee estimated costs for SB 110 (Romero, 2008) – which was charged with developing mandatory sentencing guidelines and significant tasks, such as preparing inmate population projections, developing recommendations on the state’s inmate population, providing training to criminal justice practitioners, conducting research, and developing materials, information systems and annual reports to the legislature – would be in the range of $2.5 million, with a staff of about 20.

2) Prospective costs/savings due to actions of the body cannot be determined, though it is likely a non-politicized sentencing commission, using evidence-based practices and models, could recommend a sentencing/parole scheme that results in significant net state savings.

In non-legislative language: Since we don’t know what is proposed, we don’t know how much it costs. But if this is a cover for the same thing that has been proposed time and time again, we’ve already estimated the cost of that. The initiative’s potential for savings depends on how well it does its job.

We’ll post an update as soon as we know what happened at the hearing.

Leadership Reorganization and a Hospice Program, reported on the Receiership Newsletter

The Receivership’s newsletter, Turnaround Lifeline, reports structural changes in the Receivership’s leadership structure. 

[T]he executive level structure of the California Prison Health Care Services has been reorganized.  This structure, staffed with state-employed civil servants, is designed so that CPHCS will be prepared to function as an entity within the State of California once the goal of improving prison health care services to a constitutionally acceptable and sustainable level has been met.


The newsletter contains some basic facts about the Receivership, as well as the fact that that it has recently received MCE (Medical Continuing Education) accreditation. There’s also an interesting piece about the Supportive Care Services – a hospice program at the California Men’s Colony, which, among other things, trains prisoners to offer spiritual comfort to their dying friends. It makes a fascinating read, particularly given the rising rates of aging and chronically ill inmates. It is also a good reminder that people not only live – but also die – within walls.

More Marijuana Humonetarianism: This time, from the Governor

Governor Schwarzenegger is open to the possibility of regulating marijuana, as the Sac Bee reported yesterday. If this is not humonetarianism, I don’t know what is:

…Gov. Arnold Schwarzenegger opened a new front for discussion this week, saying that while it’s not time to legalize pot, he’s willing to talk about it as a revenue-raising measure.

…

Schwarzenegger, who was filmed smoking a joint in the 1977 film, “Pumping Iron,” sparked headlines by responding to a reporter’s question about a Field Poll. The survey found that 56 percent of voters support taxing pot used for pleasure or partying.

“I think all of those ideas of creating extra revenues – I’m always for an open debate on it. … But just because of raising revenues, we have to be very careful not to make mistakes at the same time,” Schwarzenegger said.

…

California would be the first to legalize recreational pot use under legislation introduced months ago by Assemblyman Tom Ammiano, D-San Francisco, who has shelved it until next year.

The state Board of Equalization has estimated that legalizing marijuana would reduce its street price by 50 percent, increase consumption, and generate about $1.3 billon annually in taxes.

Sentencing Commission Bill Continues On

Legislative breaking news: The Sentencing Commission Bill, which was amended on April 13, has gone through the Committee on Appropriations, whose primary jurisdiction is fiscal bills, and is back before the assembly. An analysis of the bill, authored by Asm. Jose Solorio, has a positive take on establishing the sentencing commission, citing, among other sources, the Little Hoover report on the California Corrections Crisis. The report, as some of you may recall, dispelled myths about sentencing commissions, and as you’ll see in the original Little Hoover press release, tried to dissuade politician fears that having a sentencing commission means being “soft on crime”:

The Commission recommended that the State begin a comprehensive evaluation of its sentencing system by establishing an independent sentencing commission with the authority to develop sentencing guidelines that become law unless rejected by a majority vote of the Legislature. The Commission said California should learn from states with effective sentencing commissions, such as Virginia and North Carolina.

“Critics who suggest that a sentencing commission is a code word for shorter sentences are misinformed,” Alpert said. “Other states have used sentencing commissions to lengthen sentences for the most dangerous criminals, to expand community-based punishment for certain offenders and to bring fiscal responsibility to criminal justice policies.”

The Commission asserted that the Supreme Court ruling on January 22, 2007 that found California’s determinate sentencing law unconstitutional provides one more impetus for an independent commission to conduct a systematic review of California’s sentencing laws and propose long-term solutions.

The analysis also details the many times in which sentencing commission bills came before the Assembly and failed. Will our economic concerns lead politicians to leave behind their fears of being soft on crime and fix the sentencing system? Stay tuned!

The Flu Arrives in CA Prison System

As reported by CDCR:

SACRAMENTO – The State Viral Lab is reporting that the inmate case at Centinela State Prison that had been categorized as 95% probable has now been confirmed. The inmate remains in Centinela Prison. His case remains mild. The infected inmate’s cellmate remains under quarantine but has not exhibited any symptoms of H1N1 Influenza. The actions taken by California Prison Health Care Services (CPHCS) and the California Department of Corrections and Rehabilitation (CDCR) appear to have stemmed the spread of the virus at Centinela Prison. No other potential cases have been reported there.

However, the receiver’s office is currently monitoring numerous other potential cases throughout the system that have been sent for testing. More detail on those cases will be available once they are deemed probable or are confirmed. Due to the new potential cases, the visiting restrictions will continue in effect until further notice.

Much has been said in the last few days about the justification for the swine flu panic that has been sweeping the world. Whether or not the panic and precautions are necessary is a topic for a different blog. It is certainly the case, however, that whatever the dimensions of the problem is, it is orders of magnitude more problematic in prisons and other total institutions than in other places, for obvious reasons.

Should this become more problematic, in terms of numbers of cases, it will be a real test of the Receivership’s ability to handle such issues in a difficult environment.

Survey Research

This post is only tangentially related to Califronia corrections; my apologies about that. I am posting to invite all of you to participate in a web-based survey I am conducting, which examines how people respond to interpersonal problems.

The survey is anonymous and confidential and can be completed in a few minutes. I will very much appreciate your participation, and will be particularly grateful if you forward the link to your friends, colleagues, and students. We are looking for a large, diverse group of respondents.

http://www.whatwouldyoudosurvey.org/introduction.asp

The survey has been IRB-approved and I am happy to provide the exemption letter upon request.

Thank you,

HA

Killing Me Softly


More news from CDCR: The state has submitted lethal injection procedures to the Office of Administrative Law, which are available for public review and comment. The public comment period will close on Tuesday, June 30, 2009 at 5PM. A public hearing has been scheduled for June 30, 2009 from 9AM-3PM at the Auditorium of the Department of Health Services, 1500 Capitol Ave.

Take a look at the regulations, or read more about them from our blogging friends over at PrisonMovement.

I find myself somewhat speechless at the entire computer-generated display, complete with euphemisms, so I’ll just express puzzlement over the construction plans in the face of a $400,000,000 deficit. I prefer the New Mexico solution.

Re-entry Program for Women Parolees

As reported on the CDCR website, the first cohort of female parolees is graduating from the Female Residential Multi-Service Center (FRMSC) in Sacramento. The FRMSC, founded a year ago, is the first of its kind in California and provides gender specific programs (the need for which was so eloquently explained by Barbara Bloom a while ago) and services for female parolees. Here’s more about the program:

Twenty-five women can stay at the center from six months to a year. They are referred to the FRMSC from a parole agent or the Board of Parole Hearings upon release from prison, or in lieu of returning to prison for a violation.

The FRMSC offers a variety of gender responsive services including case management, trauma treatment, substance abuse and domestic violence education, life skills development, family focused services, parenting classes, educational services, GED preparation, vocational training and family reunification services.

…

When a woman arrives to the FRMSC she is assessed by the treatment team which includes an alcohol and drug counselor, family therapist, program director, vocational developer and parole agent. She is then evaluated in the following areas: substance abuse history, traumatic life events, family history, housing needs, legal issues, medical issues, employment and educational history. Based on these assessments, the team will identify strengths and needs and will try to maximize the potential of each individual woman.

…

In order to graduate from the FRMSC program, women either must be employed, enrolled in a vocational training program, or taking college courses. Also, graduates must have a stable place to live.

And true to the spirit of humonetarianism –

Housing a woman at an FRMSC is cheaper than the average cost of housing her in prison. It costs approximately $109 per day at the FRMSC compared to $126 per day at an institution.

Let’s Do Something


After a series of legal struggles, Troy Davis’ life is in danger again.

The 11th Circuit denied his request for a new trial, rejecting his argument of actual innocence.

This is not a California issue, but it concerns all of us. May 19 has been declared a Global Day of Action for Troy Davis. Whatever you think about the death penalty, please read more about this case, and if you have a feeling, as I do, that something very wrong is about to happen, let’s do something.

State Senate Panel Approval: Progress in Cate’s Confirmation

A State Senate Panel has voted to confirm Cate as CDCR secretary, but the conversation included some difficult questions, as reported in the Sac Bee and in the Daily Roundup from Capitol Weekly.

The vote came after Cate complied with a request to submit a “benchmarks” report to members setting rehabilitation and education goals.

Steinberg called Cate “the right person for the job” but said the secretary would need “a lot of help.”

. . .

Steinberg asked why, out of a population of 155,000 in traditional state prisons, Cate’s goal is to have only 15,837 prisoners in academic classes by June 2010.

“It does beg the question: What about the rest of the inmates?” Steinberg said.

. . .

Steinberg also asked about Cate’s goal to have 300 mentally ill parolees receiving comprehensive housing and mental health services by June 2010.

Right now, about 22,000 parolees receive limited services at clinics, but no parolees are in a comprehensive program.

Cate, whose resume includes extensive prosecutorial experience, spoke at our conference last month about the difficulties and expenses involved in making programs available to prisoners. He now has his hands full implementing his plan for making $400,000,000 budget cuts.