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Criminal Justice Publications

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Report

The 2013-14 Budget: Obtaining Federal Funds for Inmate Medical Care--A Status Report

February 5, 2013 - Since 1997, federal policy has made it possible to draw down federal Medicaid reimbursement for off-site inpatient health care services for eligible state prison inmates. Most recently, the Patient Protection and Affordable Care Act and the associated Low-Income Health Program (LIHP) created as part of the state's "Bridge to Reform Waiver" have expanded the number of inmates eligible for the state's Medicaid program (known as Medi-Cal) and have increased the total amount of reimbursements the state can receive. Our research finds that while the state has recently developed a process for obtaining federal funds for such services, the state has been unable to maximize the available federal funding. In particular, the federal court-appointed Receiver overseeing prison medical care has been unable to secure memoranda of understanding (MOUs) with certain counties to enroll inmates in their LIHPs. In addition, the Department of Health Care Services (DHCS) has been unable to process certain claims for federal reimbursement because of technical and quality control problems. In order to ensure that the state maximizes the available federal funding, we recommend that the Legislature (1) hold budget hearings to identify and resolve any remaining obstacles preventing the Receiver from securing MOUs with counties to enroll inmates in their LIHPs, and (2) require DHCS to report on its efforts to address problems that are preventing certain claims for federal reimbursement from being successfully processed.

Report

California's Criminal Justice System: A Primer (2013)

January 17, 2013 - In recent years, the state has passed various laws altering the state's criminal justice system. Most notably, in 2011, the state shifted--or "realigned"--responsibility to house and supervise tens of thousands of adult felons from the state to local governments. Major policy changes such as the 2011 realignment, as well as others, are likely to raise numerous questions from policymakers, practitioners, and the public regarding those policies' impacts on public safety and costs. Consequently, we are releasing an updated version of our 2007 report California's Criminal Justice System: A Primer. This report includes key statistics on crime rates, adult and juvenile arrests, prosecutions in the criminal courts, and state and local corrections in California. Where possible, this information is provided through 2011, providing readers with a picture of the state's criminal justice system prior to the full implementation of the 2011 realignment, against which they can evaluate how the system changed following realignment (such as in terms of crime rates, court caseloads, and correctional populations). This report also includes in-depth discussions of some of the most important criminal justice issues likely to face policymakers in coming years.

Report

Maximizing State Benefits from Public-Private Partnerships

November 8, 2012 - In recent years, the state has entered into public-private partnerships (P3) to finance, design, construct, operate, and maintain two state infrastructure projects in order to achieve benefits that they might not have obtained under a more traditional procurement approach. In this report, we find that the P3 practices of these recent projects are not necessarily aligned with the P3 best practices identified in research. Based on our findings, we identify several opportunities for the state to further maximize its benefits when deciding to procure a state infrastructure project as a P3. Specifically, we recommend that the Legislature (1) specify P3 project selection criteria in statute, (2) require a comparative analysis of a range of procurement options in order to better determine which procurement option would most effectively benefit the state, (3) require the existing Public Infrastructure Advisory Commission (PIAC) to approve state P3 projects, and (4) modify the structure and responsibilities of PIAC to better provide state expertise on P3s.

Report

The 2012-13 Budget: State Should Consider Less Costly Alternatives to CDCR Blueprint

May 16, 2012 - In April 2012, the California Department of Corrections and Rehabilitation (CDCR) released a report (referred to as the “blueprint”) on the administration’s plan to reorganize various aspects of CDCR operations, facilities, and budgets in response to the effects of the 2011 realignment of adult offenders, as well as to meet various federal court requirements (such as reducing the inmate population to meet specified population cap targets). In this brief we (1) summarize and assess the major aspects of the blueprint and (2) present alternative approaches that are available to the Legislature. In our view, much of the administration’s blueprint merits legislative consideration. However, the General Fund costs of the planned approach—in particular, an estimated $78 million in annual debt service—is a significant tradeoff. We find that the state could meet its facility requirements (including those for medical and mental health treatment) and specified population cap targets at much lower ongoing General Fund costs than proposed by the administration, potentially saving the state as much as a billion dollars over the next seven years.

Report

Providing Constitutional and Cost-Effective Inmate Medical Care

April 19, 2012 - In 2006, after finding that California had failed to provide a constitutional level of medical care to its inmates, a federal court appointed a Receiver to take over the direct management and operation of the state's inmate medical care program from the California Department of Corrections and Rehabilitation (CDCR). Since that time, the current and prior Receiver have taken a variety of actions to revamp CDCR's medical program. In this report, we (1) provide a status report on the Receiver’s actions, (2) describe how these actions have impacted inmate medical care spending and outcomes, (3) discuss the experiences of other states that have faced problems similar to California’s in delivering inmate medical care, and (4) provide recommendations for delivering a constitutional level of inmate medical care in the most cost-effective manner as possible in the long run. These recommendations include establishing an independent oversight board, taking steps to address current operational efficiencies to bring state expenditures to a more sustainable level, and establishing a pilot project to contract for medical care services.

Report

The 2012-13 Budget: Managing Ongoing Reductions to the Judicial Branch

April 13, 2012 - Over the last four years, the judicial branch has experienced various one–time and ongoing budget reductions as the state has faced large budget shortfalls. The Governor's 2012–13 budget continues the ongoing reduction to the branch, provides the Judicial Council with full authority to implement the reduction among branch entities, and proposes increasing civil fees to generate $50 million in new revenues to help the branch address their reduction. To the extent the Legislature approves the Governor's proposal, ongoing solutions should be identified and implemented in 2012–13, particularly since recent transfers and loans from branch special funds have greatly reduced the fund balances available as a potential budget solution. Specifically, we recommend the Legislature reject the Governor's proposed budget bill language authorizing the Judicial Council to allocate the reductions, adopt specific actions to achieve ongoing savings in the judicial branch, and require that the judicial branch submit a report on potential operational efficiencies.

Handout

Governor’s Proposal to Complete Juvenile Justice Realignment

March 22, 2012 - Presented to: Senate Budget Subcommittee No. 5 on Corrections, Public Safety and the Judiciary Hon. Loni Hancock, Chair

Handout

The California Case Management System

March 14, 2012 - Presented to: Assembly Budget Subcommittee No. 4 on State Administration Hon. Joan Buchanan, Chair Assembly Budget Subcommittee No. 5 on Public Safety Hon. Gilbert Cedillo, Chair

Report

The 2012–13 Budget: Refocusing CDCR After The 2011 Realignment

February 23, 2012 - In 2011, the state enacted several bills to realign to county governments the responsibility for certain felon offenders who previously had been eligible for state prison and parole. These changes will significantly reduce the inmate and parole populations managed by CDCR. This report identifies the impacts of the realignment of adult offenders on CDCR's operations and facility needs, discusses whether realignment will enable the state to meet the prison population limit required by the federal court, as well as whether the change in the makeup of CDCR's inmate population following realignment will affect its housing, mental health, and medical facility needs. The report provides recommendations on how to better match CDCR facilities and programs with the remaining inmate population following the realignment.

Report

The 2012-13 Budget: The 2011 Realignment of Adult Offenders--An Update

February 22, 2012 - In 2011, the state enacted several bills to enact a wide-ranging “realignment,” shifting several state programs and a commensurate level of revenues to local governments. Perhaps the most significant programmatic change implemented as part of the 2011 realignment was realigning to county governments the responsibility for managing and supervising certain felon offenders who previously had been eligible for state prison and parole. This report provides an update on the status of realignment, reviews changes proposed by the Governor, and makes several recommendations designed to promote the long-term success of realignment, such as creating a reserve fund for revenue growth as well as designing an ongoing allocation formula that is responsive to future demographic changes.

Report

The 2012-13 Budget: Completing Juvenile Justice Realignment

February 15, 2012 - Over the past 16 years, the Legislature has enacted various measures that realigned to counties a significant share of responsibility for managing juvenile offenders. As part of his 2012-13 budget plan, the Governor proposes completing the realignment of juvenile justice by stopping new admissions of offenders to state Division of Juvenile Justice (DJJ) facilities on January 1, 2013. The Governor would provide counties with an unspecified level of funding to manage wards who would otherwise have been committed to DJJ after that date, as well as $10 million in planning grants in the current year. As discussed in this report, we believe the Governor’s proposal has merit on both policy and fiscal grounds, but that the Legislature could address various concerns with the administration’s plan. Specifically, we recommend developing a funding approach that promotes innovation and efficiency, establishing a transition plan for DJJ, providing state oversight and technical assistance through the newly created Board of State and Community Corrections (BSCC), taking measures to reduce the number of juveniles tried in adult court, and requiring counties to house minors tried in adult court until age 18.

Handout

Governor's Proposed Budget Augmentation for Inmate Pharmaceuticals

February 9, 2012 - Governor's Proposed Budget Augmentation for Inmate Pharmaceuticals

Report

Completing the Goals of Trial Court Realignment

September 28, 2011 - Historically, counties had the primary responsibility for (1) funding the trial courts, (2) constructing and maintaining court facilities, and (3) employing most court employees. However, beginning in 1997, the Legislature adopted a series of statutory changes that shifted or realigned each of these responsibilities from the counties to the state. The Legislature sought to create a trial court system that would be more uniform in terms of standards, procedures, and access to justice. Our analysis indicates, however, that a number of existing barriers have prevented the trial court realignment from fully achieving the expressed goals and objectives of the Legislature. We believe that the Legislature should seek to eliminate these barriers and provide the state with greater control and responsibility over trial courts. We recommend that the state assume true operational control over many critical aspects of trial court operations for which it already has financial responsibility, such as trial court employee classifications and benefits. We also propose that the state establish a comprehensive trial court performance assessment program and establish a more efficient division of responsibilities between the Administrative Office of the Courts and trial courts.

Report

A Status Report: Reducing Prison Overcrowding in California

August 5, 2011 - On May 23, 2011, the U.S. Supreme Court issued a ruling in a lawsuit against the state involving prison overcrowding. Specifically, the court upheld the ruling of a federal three–judge panel requiring the state to reduce overcrowding in its prisons to 137.5 percent of its “design capacity” within two years. The court’s decision will almost certainly result in some of the most dramatic changes to the state’s prison system in decades. The realignment plan that the Legislature recently enacted could go a long way toward meeting the court’s requirements. Our analysis, however, indicates that the realignment plan alone is unlikely to reduce overcrowding sufficiently within the two–year deadline set by the court. This indicates to us that, as the U.S. Supreme Court suggested, a somewhat longer timeframe is warranted. In addition, we recommend that the Legislature consider how the overcrowding reduction will affect the types of prison facilities California Department of Corrections and Rehabilitation (CDCR) has planned to build. Finally, we recommend that the Legislature provide CDCR with more flexibility to use contract beds in order to manage overcrowding, particularly in the near term. Addressing these issues would help to better plan for a dramatically reduced state inmate population within the state’s current fiscal situation.

Presentation

Overview of Inmate Education

May 11, 2011 - Senate Budget and Fiscal Review Subcommittee No. 5 on Corrections, Public Safety, and the Judiciary

Criminal Justice Staff

Anita Lee
(916) 319-8321
Courts, Department of Justice, Gambling
 
Caitlin O'Neil
(916) 319-8351
State Prisons, County Jails, Sentencing
 
Jared Sippel
(916) 319-8335
Emergency Services and Business Regulation
 
Orlando Sanchez Zavala
(916) 319-8307
Correctional Health Care, Rehabilitation Programs, Juvenile Justice, Community Corrections
 
Drew Soderborg
(916) 319-8346
Deputy Legislative Analyst: Public Safety and Business Regulation