The 2022-23 Budget: Governor's Proposals for Cdcr Operations

The 2022-23 Budget: Governor’s Proposals for CDCR Operations Summary In this brief, we provide an overview of the total amount of funding in the Governor’s proposed 2022-23 budget for the California Department of Corrections and Rehabilitation (CDCR), as well as assess and make recommendations on several specific budget proposals. Trends in the Adult Inmate and Parolee Populations. The Governor’s budget proposes a net increase of $61.5 million (largely from the General Fund) in 2022-23 related to projected changes in the overall population of inmates and parolees. We find that the proposed budget likely overestimates the projected inmate population and associated funding, potentially by several thousand inmates and roughly $100 million. As a part of the May Revision, the administration will update these budget requests. Accordingly, we withhold recommendation on the proposal until that time. COVID-19 Direct Response Expenditures. The Governor’s budget proposes $425 million one-time General Fund in 2022-23 for COVID-19 response activities, such as testing for staff and inmates. At the time of this analysis, CDCR was not able to provide sufficient information to fully justify the estimated COVID-19 direct response costs. In addition, the proposal will likely need to be revised to account for a lower inmate population and changes in pandemic conditions. Accordingly, we recommend the Legislature withhold action on the proposal and direct the department to submit a revised proposal at the May Revision. Integrated Substance Use Disorder Treatment Program (ISUDTP) Expansion. The Governor’s budget proposes $126.6 million General Fund in 2022-23 (increasing to $163 million annually in 2023-24) to expand the number of inmates treated through ISUDTP and modify the program in various ways. We find that the proposal has merit. However, the level of resources requested are likely too high given that the inmate population will likely be lower than expected and various factors could limit the expansion of the program. Accordingly, we recommend the Legislature direct CDCR to provide a revised ISUDTP proposal at the May Revision that is adjusted to reflect a lower inmate population. If additional funding for ISUDTP is approved, we recommend the Legislature also approve provisional budget language requiring any unspent funds revert to the General Fund. California Prison Industry Authority (CalPIA) Janitorial Expansion. The Governor’s budget proposes $8.6 million General Fund in 2022-23 (increasing to $10.5 million annually in 2023-24) to expand the scope of a CalPIA contract with CDCR for cleaning health care facilities to include additional facilities and support additional custodian supervisors to change the ratio of supervisor to custodial staff. We find that the additional custodian supervisors to reflect a different staffing ratio are unnecessary. Accordingly, we recommend that the Legislature only approve the costs associated with cleaning additional health care facilities. GABRIEL PETEK | LEGISLATIVE ANALYST FEBRUARY 2022 2022-23 BUDGET OVERVIEW Roles and Responsibilities. The California Governor’s Proposed Budget. The Governor’s Department of Corrections and Rehabilitation January budget proposes a total of about (CDCR) is responsible for the incarceration of certain $14.2 billion to operate CDCR in 2022-23, mostly adult felons, including the provision of rehabilitation from the General Fund. This amount reflects a programs, vocational training, education, and decrease of $172 million (about 1 percent) from health care services. As of January 12, 2022, CDCR the revised 2021-22 level. (These amounts do housed about 99,110 adult inmates in the state’s not reflect anticipated increases in employee prison system. Most of these inmates are housed in compensation costs in 2022-23 because they the state’s 34 prisons and 34 conservation camps. are accounted for elsewhere in the budget.) The department also supervises and treats about The proposed budget would provide CDCR with 46,200 adult parolees and is responsible for the a total of about 65,300 positions in 2022-23, an apprehension of those parolees who commit parole increase of about 3,200 (5 percent) from the revised violations. In addition, about 650 juvenile wards are 2021-22 level. This brief provides our analysis of housed in facilities that are currently operated by several of the Governor’s major proposals related CDCR’s Division of Juvenile Justice, which includes to CDCR operations. three facilities and one conservation camp. TRENDS IN THE ADULT INMATE AND PAROLEE POPULATIONS Background As shown in Figure 1, the average Figure 1 daily inmate population is projected to be 112,900 inmates in 2022-23, Adult Inmate Population Projected to Increase, an increase of about 8,300 inmates Parolee Population Projected to Decrease (8 percent) from the estimated current-year level. The average daily 140,000 Inmates parolee population is projected to be 43,000 in 2022-23, a decrease of 120,000 Parolees 4,700 parolees (20 percent) from the estimated current-year level. According 100,000 to CDCR, the projected increase in the inmate population is primarily due to 80,000 the intake of a backlog of people who were sentenced to prison but housed 60,000 in county jails while prison admissions were halted in response to the COVID-19 40,000 pandemic. The projected decrease in the parolee population is primarily 20,000 due to recent policy changes that have reduced the length of time people 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 spend on parole by allowing them to be (Estimated) (Proposed) discharged earlier than otherwise. 2 LEGISLATIVE ANALYST’S OFFICE 2022-23 BUDGET Governor’s Proposal account for the estimated effects of Chapter 728 of 2021 (SB 483, Allen), which requires resentencing Net Reduction in Current-Year Population of individuals to lesser terms to reflect the Funding and Net Increase in Budget-Year Funding. elimination of certain sentencing enhancements. The Governor’s January budget plan for 2022-23 proposes, largely from the General Fund, a net Assessment decrease of $24.7 million in the current year and a net Inmate Population Likely Overestimated. increase of $61.5 million in the budget year related As of January 12, 2022, the inmate population to projected changes in the overall population of was 99,100 and the administration indicated that adult offenders and various subpopulations (such as the backlog of people housed in jails waiting to be inmates housed in reentry facilities and sex offenders admitted to prison had largely been eliminated. on parole). The current-year net decrease in costs Accordingly, it seems implausible that the average is primarily due to (1) the closure of low-security daily inmate population will reach 112,900 in 2022-23 facilities at the California Correctional Institution due to the jail backlog as assumed in the Governor’s in Tehachapi and Correctional Training Facility in budget. This suggests that the proposed budget Soledad due to a decline in the number of inmates overestimates the inmate population and associated who can be housed in such facilities and (2) a lower funding in 2022-23, potentially by several thousand total inmate population relative to what was assumed inmates and roughly $100 million. Based on our in the 2021-22 Budget Act. This decrease in cost discussions with the administration, this was likely is partially offset by projected cost increases, driven by an assumption that admissions to prison primarily due to an increase in the number of inmates would be higher between July and December 2021 estimated to need mental health care relative to than they actually were. Furthermore, as noted what was assumed in the 2021-22 Budget Act. above, the administration’s current projections do not The budget-year net increase in expenditures is account for the effects of Chapter 728. primarily due to a projected increase in the inmate population, which is partially offset by various Recommendation decreased costs, such as parole-related costs. Withhold Recommendation Until May Revision. Budget Adjustments Will Be Updated in May. We withhold recommendation on the administration’s As a part of the May Revision, the administration adult population funding request until the May will update these budget requests based on Revision. We will continue to monitor CDCR’s updated population projections. For example, the population and make recommendations based on the administration indicates that it plans to adjust the administration’s revised population projections and projections and associated budget requests to budget adjustments included in the May Revision. COVID-19 DIRECT RESPONSE EXPENDITURES Background Since the start of the pandemic, CDCR has implemented several restrictions and operational Impact of COVID-19 on CDCR. COVID-19 has changes to reduce the spread of the virus within had a major impact on staff and inmates in the state’s its institutions. For example, the department prison system. As of January 28, 2022, CDCR has suspended visiting and rehabilitation programs, had a total of over 66,000 inmates and 36,000 staff reduced the density of dormitories by housing contract COVID-19 during the course of the pandemic. some inmates in open areas (such as gymnasiums), There have been 246 inmates and 50 staff who have and suspended nonurgent health care services. had COVID-19-related deaths. In addition, cases To reduce transmission, staff and inmates are have increased recently since Omicron became the generally required to be masked and regularly prevailing COVID-19 variant in California. For example, tested. In addition to reducing inmate population between January 15, 2022 and January 29, 2022, the density and allowing for improved physical department reported 8,000 new cases. www.lao.ca.gov 3 2022-23 BUDGET distancing, the state expedited the release of Assessment certain inmates in order to reduce the inmate Lack of Justification for Level of Resources population. The state also periodically suspended Requested in 2022-23. We acknowledge that intake from county jails to reduce the likelihood CDCR will need additional funding in 2022-23 for of spreading COVID-19 during the intake process COVID-19 response. However, at the time of this and reduce the density of population in state analysis, the department was not able to provide prisons. The expedited releases and suspension sufficient information to justify the estimated of intake have resulted in a substantial decline in COVID-19 direct response costs of $425 million the inmate population. in 2022-23. For example, the department has not 2021-22 COVID-19-Related Funding. provided projections of the number of inmates The 2021-22 Budget Act provides $408 million and employees requiring tests, costs per tests, from the General Fund for CDCR’s COVID-19 or the amount of expected overtime that led to response. As shown in Figure 2, these funds were these projections. Also, given that current research budgeted for various costs, including testing, surge suggests that COVID-19 is not commonly spread capacity, custody overtime (such as from staff through surfaces, it is unclear why the department who are absent due to COVID-19), and cleaning, needs additional funding related to cleaning. Absent as well as reimbursements for county jails housing this information, it is difficult for the Legislature people sentenced to state prison due to the to adequately determine whether the level of suspension of intake. The 2021-22 Budget Act resources requested is appropriate. also includes a control section regarding the General Fund resources appropriated to nine specific departments (including CDCR) for Figure 2 COVID-19-related activities—totaling $1.7 billion. 2021-22 Funding for Specifically, the control section allows the CDCR COVID-19 Response Department of Finance (DOF) to reduce or shift resources between the nine departments, as Statewide testing $198,440,000 well as to shift the budgeted resources to other Temporary suspension of prison intake 97,534,000 State response operationsa 82,767,000 departments, for COVID-19-related activities, upon Hospital and medical surge 29,245,000 ten-day notification to the Joint Legislative Budget Total $407,986,000 Committee (JLBC). a Includes custody overtime and cleaning. Governor’s Proposal CDCR = California Department of Corrections and Rehabilitation. The Governor’s 2022-23 budget proposes $425 million one-time General Fund for CDCR COVID-19 response activities including testing, Figure 3 vaccination surge capacity, custody overtime, and cleaning. Figure 3 provides information on the level Proposed Level of 2022-23 Funding for of funding proposed for each activity. In addition, CDCR COVID-19 Response the proposed 2022-23 budget includes a modified Statewide testing $380,109,000 version of the control section that was in the State response operationsa 32,154,000 2021-22 budget to also allow DOF to increase the Hospital and medical surge 10,905,000 amount budgeted for COVID-19 response during Vaccine distribution and administration 1,501,000 2022-23 subject to ten-day JLBC notification. Total $424,669,000 (We note that the administration has also requested a Includes custody overtime and cleaning. the Legislature to take early action to augment CDCR = California Department of Corrections and Rehabilitation. the amount available for CDCR in 2021-22 by $206 million for increased costs associated with testing.) 4 LEGISLATIVE ANALYST’S OFFICE 2022-23 BUDGET Proposal Likely Will Need to Be Revised. Recommendation As discussed earlier in this brief, the projection Direct CDCR to Submit Revised Proposal of the inmate population in 2022-23 is likely to be With Adequate Justification. We recommend that revised downward at the May Revision due to prison the Legislature withhold action on the proposed admissions being lower than expected in the early resources for CDCR’s 2022-23 COVID-19 response part of this year and the need to account for new and direct the department to submit a revised sentencing changes that will reduce the population. proposal at the May Revision. The revised proposal While such a decline in the projected inmate should include adequate justification for the identified population could result in less COVID-19 response expenditures (such as estimates of the number of costs than currently assumed in the Governor’s staff and inmates needing testing and personal budget for 2022-23 (for example, fewer inmates protective equipment) and account for revised requiring testing), it is also possible that changes in projections of the inmate population and any changes pandemic conditions—such as the emergence of in pandemic conditions. a new variant—could require more resources than currently proposed. Accordingly, it is likely that the Governor’s proposal will need to be revised in the spring based on updated data. INTEGRATED SUBSTANCE USE DISORDER TREATMENT PROGRAM (ISUDTP) EXPANSION Background based on the estimated number inmates in this target population. However, the overall level of resources has ISUDTP Established in 2019-20. The 2019-20 generally not been adjusted each year since then to Budget Act provided $71 million from the General account for changes in the target population. Fund and 280 positions (increasing to $165 million and 431 position in 2021-22 and ongoing) for CDCR ISUDTP Changed Process for Assessing to implement ISUDTP. When fully implemented, the Need for SUD Treatment. Prior to ISUDTP, CDCR program is intended to provide a continuum of care generally assigned inmates to SUD treatment based to inmates to address their substance use disorder on whether they had a “criminogenic” need for the (SUD) treatment and other rehabilitative needs. To program—meaning the inmate’s SUD could increase accomplish this, as we discuss in more detail below, their likelihood of recidivating (committing a future ISUDTP changed the way CDCR assesses inmates’ crime) if unaddressed through rehabilitation programs. need for SUD treatment, provides SUD treatment and In contrast, ISUDTP is designed to transform SUD rehabilitation programs, and conducts the inmate treatment from being structured as a rehabilitation release planning process. program intended to reduce recidivism into a medical program intended to reduce SUD-related deaths, At the time ISUDTP was established, CDCR emergencies, and hospitalizations. Accordingly, indicated that its goal was to make the program inmates who are part of ISUDTP are assigned to SUD available to all inmates in need of treatment upon full treatment based on whether they are assessed to implementation. In its current phase of implementation, have a medical need for such treatment. To identify ISUDTP targets inmates who (1) are entering prison a medical need for SUD treatment, health care staff having started a form of SUD treatment known screen inmates for SUD with the National Institute on Medication Assisted Treatment (MAT), (2) have a Drug Abuse (NIDA) Quick Screen. The NIDA Quick history of SUD-related hospitalizations or overdoses, Screen consists of a series of scored questions about or (3) are within 15 to 18 months of release from prison. prior substance use. The total points accrued indicate The level of resources initially provided in the 2019-20 whether a treatment plan needs to be developed to budget for this phase of the implementation was address an inmate’s need. www.lao.ca.gov 5 2022-23 BUDGET Treatment plans are developed utilizing the ISUDTP Changed Release Planning Process. American Society of Addiction Medicine (ASAM) As part of ISUDTP, CDCR has taken steps to Criteria. The ASAM Criteria is a diagnostic tool that modify the release planning process in order allows clinicians to assess various dimensions— to better connect inmates to programs in the such as the presence of other related medical community based on their assessed need. For and behavioral health conditions—that research example, for inmates in MAT near their release has found can impact the effectiveness of SUD date, a multidisciplinary team—including nursing treatment types. By using the ASAM Criteria, staff and social workers—help ensure treatment medical staff are able to assess what treatment continues after their release, such as by scheduling options are most appropriate for each patient. and arranging transportation to initial health ISUDTP Modified Existing Cognitive appointments, securing records, and coordinating Behavioral Treatment (CBT) Programs. with service providers in the community. CBT programs are designed to help individuals Governor’s Proposal change negative patterns of behavior. For example, Expands and Modifies ISUDTP. The Governor the CBT programs CDCR offers as part of SUD proposes $126.6 million General Fund and treatment are intended to help individuals identify 310 positions in 2022-23 (increasing to $163 million and adjust their thought processes regarding and 418 positions annually in 2023-24) to expand substance use to avoid future use. In addition and modify ISUDTP in four key ways. First, the to CBT programs designed for SUD treatment, proposal extends assessment to all inmates, the department offers CBT programs designed and—when necessary—treatment and release to address rehabilitative needs such as criminal planning services, as originally intended by CDCR thinking and anger management. As part of when the program was established. Second, the ISUDTP, CDCR revised and modified CBT programs proposal adds to the types of treatment available in ways intended to better address inmates’ SUD through ISUDTP. Specifically, it would provide treatment and rehabilitative needs. For example, a new aftercare program to inmates who have the amount of SUD treatment inmates in ISUDTP completed treatment but remain incarcerated receive through CBT programs is based on their and additional programs for inmates who are not level of medical need. In addition, the department improving or are worsening following treatment. began requiring the contractors who deliver CBT Third, the proposal makes various modifications programs to use uniform, evidence-based curricula. to existing ISUDTP services. For example, it would CDCR also began requiring that counselors shorten from 12 months to 9 months the duration delivering CBT programs be certified Alcohol and of certain CBT programs to allow the department Other Drug counselors, a requirement that was to serve more inmates. Finally, the department often waived before ISUDTP was implemented. plans to modify the way it assesses inmates for ISUDTP Expanded Availability of MAT. SUD treatment. For example, in order to assess People who are addicted to certain substances inmates more rapidly, the department plans to use (such as opioids or alcohol) can develop a chemical the ASAM Co-Triage—a condensed version of the dependency. This can result in strong physical full ASAM diagnostic tool currently used. According cravings, withdrawal that interferes with treatment, to the administration, it plans to adjust the level of and/or medical complications. MAT is intended to resources for ISUDTP annually based on changes in combine SUD treatment services (such as CBT) the inmate population beginning in 2023-24. with medications designed to reduce the likelihood of inmates relapsing while undergoing SUD treatment. Prior to 2019-20, CDCR had operated MAT pilot programs at three prisons. Under ISUDTP, MAT was made available at all prisons for inmates involved in the program. 6 LEGISLATIVE ANALYST’S OFFICE 2022-23 BUDGET Assessment While the administration indicates it plans to adjust the resources for ISUDTP based on changes in Proposed Expansion and Modifications the inmate population beginning in 2023-24, no Merit Consideration. We find that the adjustment is currently planned for 2022-23. Governor’s proposal to expand ISUDTP to the entire inmate population has merit. While the Various Factors Could Limit Ability to Expand effectiveness of the program is not clear, initial ISUDTP. There are various factors that could data show that SUD-related deaths, emergencies, limit the department’s ability to expand ISUDTP and hospitalizations have decreased since the as proposed by the Governor. For example, it program began. Specifically, the department could take CDCR longer than anticipated to fill the reports that overdose-related deaths declined by requested 310 positions. We note that in 2020-21— 64 percent and overdose-related emergencies one year after ISUDTP was implemented—169 of and hospitalizations declined by 27 percent. the 431 positions approved for the program in that We note that it is possible that other factors year were vacant. (The department reports only (such as fewer drugs entering the prisons due 43 of the 431 positions are currently vacant.) To the to pandemic-related restrictions on prison extent there are similar difficulties in initially filling visiting) could have contributed to the reduction the requested positions, it would correspondingly in overdose-related deaths, emergencies, and reduce the level of funding needed for ISUDTP in hospitalizations. The department intends to the budget year. contract with the University of California to In addition, to expand ISUDTP beyond those it evaluate various aspects of ISUDTP in the future. is currently serving, it will be necessary for CDCR In addition, we find that the proposed to identify adequate space within its facilities, modifications to the program merit consideration. such as classroom space for CBT programs, to For example, the new services the department accommodate all inmates in need of treatment. plans to offer will be evidence-based and therefore However, in recent years, CDCR has increasingly likely to be effective if implemented as designed. had difficulty having adequate classroom space. Also, by shortening the duration of certain CBT For example, last year, as part of its justification programs and employing less time intensive ASAM to provide inmates with laptops to facilitate assessment tools, the department would be able to remote participation in academic programs, the serve more inmates at a lower cost than otherwise. department noted the challenge of physical space limitations at the prisons due to a lack of sufficient Level of Resources Requested Likely classrooms. We note that the department has Too High. As discussed in detail earlier in this initiated an analysis of its space needs, which is brief, the projection of the inmate population for currently in the process of being revised to account 2022-23 as assumed in the Governor’s budget is for the impacts of COVID-19-related restrictions likely to be revised downward at the May Revision. (such as limits on the number of people who can This is notable because the overall level of funding occupy the same room). However, it is unclear when being requested for ISUDTP is closely connected this analysis will be completed. Accordingly, it is to the size of the inmate population. For example, questionable whether CDCR can accommodate the department estimates it needs $114 million the level of space necessary for the proposed for medication and other materials based on its expansion. To the extent that the department is estimate that 25,445 inmates will require MAT. unable to expand ISUDTP as envisioned by the Similarly, estimates for the amount of resources Governor, the department would not utilize all of the necessary to assess inmates’ SUD treatment proposed $126.6 million in 2022-23 for the program. needs assume that 3,000 inmates will be admitted Under the proposed budget, CDCR would have each month. Accordingly, to the extent the inmate discretion on how to reallocate any unused ISUDTP population or admissions are lower than projected, funds, which could include funding programs and it would reduce the level resources necessary services outside of ISUDTP. for the program under the Governor’s proposal. www.lao.ca.gov 7 2022-23 BUDGET Recommendations language requiring that any budgeted funds not spent on the program revert to the General Fund. Direct CDCR to Revise the Proposal at the This would help facilitate legislative oversight of May Revision to Reflect Updated Population the planned ISUDTP expansion and allow the Projections. Given the possibility that the inmate Legislature to reallocate any unused funds towards population—and corresponding need for ISUDTP its General Fund priorities. funding—may be lower than currently projected, we recommend the Legislature direct CDCR to provide Require CDCR to Provide Planned a revised ISUDTP proposal at the May Revision that Assessment of ISUDTP. As previously mentioned, is adjusted to reflect updated projections of the CDCR intends to contract with the University of inmate population. California to evaluate various aspects of ISUDTP. We recommend that the Legislature require CDCR Approve Provisional Budget Language to provide the final evaluation report resulting Requiring Unspent ISUDTP Funds to Revert to from this effort. This would allow the Legislature the General Fund. To the extent the Legislature to determine whether ISUDTP is effectively chooses to approve additional funding for ISUDTP, achieving its goals of reducing SUD-related deaths, we recommend the approval of provisional budget emergencies, and hospitalizations. CALIFORNIA PRISON INDUSTRY AUTHORITY (CALPIA) JANITORIAL EXPANSION Background expand the program to health care facilities at all prisons statewide. Through the HFM program, CalPIA Provides Goods and Services to CalPIA provides cleaning supplies, trains inmate State Departments. CalPIA is a semiautonomous custodians to clean health care facilities, and state agency that provides work assignments and provides oversight and auditing services. The scope vocational training in a range of career fields to and funding of the HFM program has expanded inmate workers and is funded primarily through since 2014-15 (such as due to the construction the sale of the goods and services produced by of new health care facilities). The 2021-22 budget these inmate workers. It is managed by the Prison includes $59 million to support CDCR’s contract Industry Board, which is composed of 11 members with CalPIA for the HFM program. including the Secretary of CDCR, as well as several legislative and gubernatorial appointees. State law CalPIA Trains and Pays Inmate Workers requires state agencies to purchase products and to Clean Facilities. Cleaning health care services offered by CalPIA whenever possible. facilities requires special care; a high standard Accordingly, the majority of goods and services of cleanliness; and continued sanitation of produced by CalPIA are sold to state departments. medical equipment, furniture, and spaces to CDCR is CalPIA’s largest customer, accounting for eliminate the possibility of transmitting illnesses over two-thirds of all sales in 2020-21. In 2021-22, between patients. Accordingly, inmate custodians CalPIA expects to generate $248 million in revenue participating in the program receive the training from the sale of its goods and services and spend necessary to properly clean health care facilities $245 million to operate its programs. and obtain a health care facility cleaning certification. Inmate custodians are currently CDCR Contracts With CalPIA to Clean paid between $.35 and $1.00 per hour for their Health Care Facilities. The Healthcare Facility work. (We note that inmate workers employed Maintenance (HFM) program within CalPIA by CDCR to carry out other work assignments was initiated in 2013 on a pilot basis to clean were paid an average of $.36 per hour between selected inmate health care facilities. As part February 2019 and February 2020, the most recent of the 2014-15 budget, $15 million in ongoing data readily available.) General Fund support was provided to CDCR to 8 LEGISLATIVE ANALYST’S OFFICE 2022-23 BUDGET CalPIA Also Employs Civil Service Increases Number of Custodian Supervisor Custodians. In addition to inmate custodians, Positions. The Governor’s budget also proposes CalPIA employs state civil service staff in 54 additional custodian supervisor positions the custodian classification as part of the in 2022-23 (increasing to 72 in 2023-24). The HFM program. These civil service custodians work additional custodian supervisors would allow the alongside the inmate custodians. CalPIA also HFM program to transition from an average ratio employs state civil service custodian supervisors of 1 custodian supervisor per 40 civil service to oversee both the civil service and inmate and inmate custodians to an average ratio of custodians. Based on recent data provided by 1 custodian supervisor per 20 civil service and CalPIA, the HFM program maintains an average inmate custodians by 2023-24. According to of 1 custodian supervisor per 40 civil service and CalPIA, additional custodian supervisors are inmate custodians. necessary to (1) oversee the services in the Civil service custodians and custodian additional health care facilities that the HFM supervisors in the HFM program are hired through program would service under the Governor’s the same process as other state-employed proposal and (2) adhere with the guidelines custodian staff. Although not required to, CalPIA previously issued by CalHR—and now expired—on generally adheres to various guidelines issued by the ratios of supervisors to custodians. In addition, the California Department of Human Resources CalPIA indicates that an insufficient number (CalHR) related to custodian classifications. of custodian supervisors has led to custodian CalHR has initiated a project to provide new supervisors not properly keeping inventory, not guidelines related to custodian classifications. providing timely evaluations to custodians, not For example, CalHR is currently in the process of ensuring that the frequency of sanitation is reviewed developing new guidelines on the ratio of custodian daily, and allowing over-fraternization between civil supervisors to custodian staff. According to CalHR, service and inmate custodians. the previous guidelines, which recommended Assessment 1 custodian supervisor to oversee between Expansion Reasonable, but Additional 8 and 23 custodians, have expired and are no Supervisors Appear Unnecessary. Given the longer in effect. quality of the services provided by HFM to date, Inmate Health Care Facilities Have Been we find the proposal to expand the contract to Well Maintained. According to CalPIA, internal and include additional health care facilities reasonable. external audits have found that the HFM program However, the proposal to change the ratio of has maintained an appropriate level of sanitation custodian supervisors to civil service and inmate and cleanliness of CDCR’s health care facilities. custodians appears unnecessary. While CalPIA According to CalPIA, neither the federal Receiver indicates that the custodian supervisors are (who oversees the delivery of medical care in necessary to address various problems they have prisons) or the Office of the Inspector General identified (such as providing timely evaluations), (the agency responsible evaluating medical care the HFM program has been able to provide in prisons) have raised concerns with the services quality service without these additional positions. provided by the HFM program. Accordingly, it appears that these problems are not Governor’s Proposal significant enough to impact the quality of service provided by HFM. While we acknowledge that these Increases Funding for CDCR’s Contract problems could impact the program in other ways, With CalPIA. The Governor’s budget proposes an CalPIA has not provided evidence that this is the $8.6 million General Fund augmentation in 2022-23 case, including the extent to which the additional (increasing to $10.5 million annually in 2023-24) to custodian supervisors proposed would in fact CDCR for the HFM program to service additional alleviate such impacts. For example, it possible that health care facilities thereby increasing funding for other actions—such as additional training—would the program from $59 million to $67.6 million. address the identified problems in a more effective and efficient manner. www.lao.ca.gov 9 2022-23 BUDGET Lack of Detail on Break Out of Proposed Recommendation Resources. We note that, at the time this analysis Approve Funding Associated With Expansion, was being prepared, CalPIA was unable to provide Reject Funding to Change Supervisor to Staff information on how much of the requested Ratio. In view of the above, we recommend that resources would support the expansion of the the Legislature only approve the funding necessary HFM program into additional health care facilities for the HFM program to expand into new health versus changing the ratio of custodian supervisors care facilities and reject the funding necessary to civil service and inmate custodians. (Based on to change the ratio of custodian supervisors to the limited data available, we estimate that several civil service and inmate custodians. Additionally, million dollars of the requested funding is related to we recommend that the Legislature direct CalPIA changing the supervisor to staff ratio.) to report the amount of the requested funding associated with changing the custodian supervisor ratio separately. This would help the Legislature determine how much to reduce CDCR’s budget in accordance with our recommendation. REDACTION OF SENSITIVE INFORMATION FROM RECORDS Background • Expansion of Cameras in Prisons. In recent years, CDCR has deployed fixed audio video CDCR Reports Growing Redaction surveillance systems and body-worn cameras Workload. CDCR holds various types of records— on officers at a growing number of prisons. including e-mails, personnel files, video, and All video and audio recordings are stored for a audio recordings—which it may be required to minimum of 90 days but are stored for longer release under various circumstances, such as under certain circumstances, such as if they pursuant to the California Public Records Act (PRA) become evidence in an investigation into staff or due to litigation. Before such records can be misconduct. These stored recordings have released, sensitive information—such as names of increased the volume of material that CDCR witnesses or individuals’ medical information—must must redact in the event of a PRA request be redacted from the records. CDCR reports that or litigation. the number and complexity of requests requiring redaction has grown in recent years, driven Responsibility for redaction is primarily divided primarily by two factors: between CDCR’s Office of Legal Affairs (OLA) and Division of Adult Institutions (DAI), which is • Expansion of Types of Records Subject to responsible for operating prisons. Specifically, OLA PRA. Chapter 988 of 2018 (SB 1421, Skinner) is responsible for managing PRA requests pursuant made correctional staff personnel records to Chapters 988 and 402 and DAI is responsible subject to PRA if they pertain to certain for managing other PRA requests as well as officer-involved incidents, including use of litigation-related requests. force resulting in death or great bodily injury. Chapter 402 of 2021 (SB 16, Skinner) further Recent Resources Provided for Redaction expanded the types of officer personnel Workload. The 2019-20 Budget Act provided records subject to PRA. This includes records OLA with about $1.4 million and 9.3 two-year, related to sustained findings of unreasonable limited-term positions to complete an initial backlog or excessive force, regardless of whether it of redaction workload associated with Chapter 988. resulted in death or great bodily injury. 10 LEGISLATIVE ANALYST’S OFFICE 2022-23 BUDGET In addition, the 2021-22 Budget Act provided this increased workload, CDCR has OLA with about $500,000 and four positions to temporarily redirected existing staff. However, handle Chapter 988 workload on an ongoing basis. the department reports that these redirections In addition, the department reports that it is in the are not sustainable because they have process of implementing software that it expects caused delays in other important workload, to greatly improve the efficiency of redaction work such as audits of corrective action plans to throughout the department. ensure compliance with the Americans with Disabilities Act. Under the Governor’s budget, Governor’s Proposal DAI would receive a total of 19 positions Additional Resources for Redaction and $2.6 million to handle this workload on Workload. The Governor’s budget for 2022-23 an ongoing basis. This would allow existing proposes a total of 21.6 new positions and a staff to return to the workload they were $2.8 million ongoing General Fund augmentation redirect from. for CDCR to perform redaction workload. In addition, the department proposes to redirect Assessment existing resources—$883,000 and five positions— Need for Ongoing Resources Unclear. We find from its Contract Beds Unit to support redaction that the level of resources requested for redaction workload. (According to the department, these workload appear reasonable in the near term. resources are no longer needed in the Contract However, because CDCR is currently implementing Bed Unit due to the recent removal of the software that it expects to significantly improve remaining inmates housed in contract facilities.) the efficiency of redaction work, it is possible that This redirection would result in a total of $3.7 million the department will not need all of the requested and 26.6 positions in additional resources available resources on an ongoing basis. for redaction. CDCR proposes to use these resources to address the following workload: Recommendation • New Redaction Workload Created by Approve Resources on Limited-Term Basis. Chapter 402 ($1.1 Million). Under the Given that CDCR’s ongoing need for the requested Governor’s proposal, OLA would receive resources for redaction is unclear, we recommend 7.6 positions and $1.1 million to handle the Legislature approve the proposed positions ongoing workload resulting from the and funding on a two-year, limited-term basis implementation of Chapter 402. (rather than on an ongoing basis as proposed by the Governor). After CDCR has fully implemented • Other Redaction Workload ($2.6 Million). the new redaction software, its ongoing resource With the expansion of cameras in prisons, needs should become clearer. The administration CDCR reports that PRA requests have can submit a request for ongoing resources for increased—nearly tripling from 134 in 2020 legislative consideration as part of the 2024-25 to 473 in just the first half of 2021—and are budget process. expected to continue to increase. To address PRISON BACHELOR’S DEGREE PROGRAM EXPANSION Background does not offer such courses is the California Health Care Facility as the majority of the inmates there Most Prisons Offer Associate’s Degree have health conditions that make it difficult to Programs. Community college classes are attend college courses consistently.) Inmates with available at 33 out of 34 state prisons for inmates a high school degree or equivalent also generally who have completed their high school graduation have access to college-level correspondence requirement or equivalency. (The only prison that www.lao.ca.gov 11 2022-23 BUDGET courses. In correspondence courses, inmates fiscal impact of the pandemic. Despite this, receive their lessons and assignments in packets CDCR reports that it has established bachelor’s that are delivered through the mail. Through degree programs at three additional prisons since in-person and correspondence courses, many the original proposal was withdrawn by using inmates obtain associate’s degrees. CDCR existing funding in its budget associated with reports that statewide about 14,000 inmates were vacant positions. (When positions approved in enrolled in some sort of college-level course and the budget go unfilled, the funding received by 1,500 inmates held an associate’s degree (either departments associated with the positions—known earned while in prison or before entering prison) as vacant position funding—is often redirected by as of July 2021. departments for other purposes.) Accordingly, the Five Prisons Have California State University state did not provide dedicated funds to establish (CSU) Bachelor’s Degree Programs. In order to these three bachelor’s degree programs. We note, allow inmates with associate’s degrees to receive however, that the 2021-22 budget provided bachelor’s degrees, several CSU campuses $13.7 million General Fund (decreasing to $3 million have begun offering in-person bachelor’s degree in 2023-24 and ongoing) to expand rehabilitation courses at neighboring prisons to inmates who programs available at Valley State Prison in satisfy the minimum requirements necessary for Chowchilla, including establishing a bachelor’s admission. CSU Los Angeles (CSULA) started degree program. offering courses in 2016 at California State Prison, Governor’s Proposal Los Angeles (LAC) and became the first university The Governor proposes $5 million General through its Prison Graduation Initiative to graduate Fund (decreasing to $4.7 million in 2024-25 and 25 inmates with a Communications bachelor’s ongoing) and 15 positions to maintain and expand degree in the fall of 2021. Within the last two the number of prisons offering bachelor’s degree years, four additional state prisons began offering programs. Specifically, the resources would be in-person bachelor’s degree courses through the used to maintain programs at the four prisons that CSU system: Folsom State Prison and Mule Creek do not currently have dedicated state funding for State Prison (through CSU Sacramento) and Central bachelor’s degree programs. According to the California Women’s Facility and Valley State Prison department, this is because the funding supporting (through CSU Fresno). those programs will no longer be available Several Programs Were Established beginning in 2024-25 (for the CSULA program) and Without Dedicated Funding. Four of the five 2022-23 (for the three subsequently established existing in-prison bachelor’s degree programs programs). In addition, the funding would be used were established without dedicated funding to establish new bachelor’s degree programs at being provided directly through the state budget. three additional prisons that would be modeled on Instead, CDCR used alternative funding sources to the CSULA program. establish the programs. For example, the CSULA The proposal includes funding for administrative program—the first program to be established—was support positions and a customized database a recipient of a philanthropic grant and obtained subscription for inmates to access scholarly journal federal designation as a Second Chance Pell articles. The proposal assumes federal funds Institution. As a designated Second Chance Pell would be accessible to most participating inmates Institution, CSULA was able to receive federal funds and estimates that participants will be enrolled to support the program. on a full-time basis at a cost of about $10,000 per Two years ago, as part of his January budget inmate. When fully implemented, the funding proposal for 2020-21, the Governor proposed would allow CDCR to serve 420 inmates annually, General Fund resources to expand bachelor’s with 180 of those inmates being served by newly degree programs to additional prisons modeled on established programs. the CSULA program offered at LAC. However, the proposal was later withdrawn due to the expected 12 LEGISLATIVE ANALYST’S OFFICE 2022-23 BUDGET Assessment (1) how much funding from vacant positions was used to support the programs; (2) what the vacant Expanding Higher Education Is Promising… positions were intended for; (3) why the positions The Governor’s proposal to expand access to were vacant; (4) why the funding from the vacant higher education opportunities is promising positions will no longer be available (including what because various studies show that higher the funding will now be used for); and (5) what the education—when well designed and implemented operational impacts would be if the Legislature effectively—reduces the number of offenders redirected the vacant position funding for other who recidivate (or reoffend) and that the resulting purposes, such as expanding bachelor’s degree correctional savings can more than offset program programs. Without this information, it is difficult for costs. For example, a study from the Urban the Legislature to determine whether the amount Institute found that in three states recidivism rates of funding requested is necessary to offer the level were lower for inmates who participated in higher of bachelor’s degree programs proposed by the education programs, some of which included Governor, including the establishment of three bachelor’s degree programs (after accounting new programs. for several factors). In addition, the proposal could increase the number of inmates who obtain Recommendation sentencing credits for earning bachelor’s degrees, Withhold Action Until the Department Can which would create state savings from reduced Provide Information on Current Program prison sentences. Funding. We recommend that the Legislature ...But Unclear Whether Level of Funding withhold action on the Governor’s proposal to Requested Is Necessary. While we find that the maintain and expand the number of prisons offering proposal is promising, the department has not bachelor’s degree programs, as well as direct provided information on why the funding currently the administration to provide information, no later supporting four of the existing bachelor’s degree than April 1, 2022, on why the funding currently programs will no longer be available. For example, supporting four of the five existing bachelor’s it is unclear why the programs supported with degree programs will no longer be available vacant position funding will now require dedicated in 2022-23. This information would allow the funds to continue to operate. This is because the Legislature to determine what level of state funding department has not been able to explain: is necessary to the extent it wants to maintain and/or expand bachelor’s degree programs for inmates. www.lao.ca.gov 13 2022-23 BUDGET 14 LEGISLATIVE ANALYST’S OFFICE 2022-23 BUDGET www.lao.ca.gov 15 2022-23 BUDGET LAO PUBLICATIONS This report was prepared by Caitlin O’Neil and Orlando Sanchez Zavala, and reviewed by Drew Soderborg and Anthony Simbol. The Legislative Analyst’s Office (LAO) is a nonpartisan office that provides fiscal and policy information and advice to the Legislature. To request publications call (916) 445-4656. This report and others, as well as an e-mail subscription service, are available on the LAO’s website at www.lao.ca.gov. The LAO is located at 925 L Street, Suite 1000, Sacramento, California 95814. 16 LEGISLATIVE ANALYST’S OFFICE