Analysis Item 30: Department of Corrections Inmate Population

Transcription

1 Analysis Item 30: Department of Corrections Inmate Population Analyst: Julie Neburka Request: Acknowledge receipt of a report on the inmate population. Recommendation: Acknowledge receipt of the report. Analysis: The Department of Corrections budget report included a budget note directing status reports on the female population to be presented at each meeting of the interim Joint Committee on Ways and Means during the biennium. The budget note arose from concern that the female population was running uncomfortably close to capacity, and that additional funding might be needed to accommodate sustained population over 1,280 inmates. Recent male inmate numbers are also included in this report, given their recent unexpected increases. UFemales The Department of Corrections (DOC) has determined a maximum of 1,280 inmates can be safely and effectively managed at the designated women s facility - Coffee Creek Correctional Facility (CCCF). This number provides sufficient flexibility in bed types to manage frequently changing needs, such as improvement programs, as well as mental health, crisis, infirmary, and segregation. CCCF is currently the only available women s prison in Oregon; rising numbers of female inmates create specific pressure on CCCF because, unlike men s prisons, the Department has no other prison to use for relief. The April forecast, prepared by the Oregon Office of Economic Analysis, shows that, except for one month, the population remains above 1,280 from April 2016 through the remainder of the forecast period (March 2026). This is a notable change from the last forecast, which showed the population declining after March 2016, not exceeding 1,280 again until the year The primary driver behind the increase in the forecast was higher-than-expected prison intakes. To accommodate both the day-to-day spikes in actual female population and the forecast growth, DOC is making a request of the Emergency Board to immediately activate the Oregon State Penitentiary - Minimum Security Facility (OSPM) for women. Of note is that the forecast does not take into account any expected diversion resulting from the implementation of HB 3503, which began in January The bill created the Family Sentencing Alternative Program, intended to provide an alternative to prison for custodial parents of minor children. The five-county pilot was designed to enroll about 120 probationers, and began in January Additionally, there is some concern that as programs to divert offenders from prison take effect, and as tougher cases are diverted from prison, parole and probation revocations will increase, thereby diluting somewhat the effect of diversion programs. UMales The October 2015 forecast for male inmates varied by as many as 200 additional beds from the April 2015 forecast on which the budget was based, and therefore triggered the need for Legislative Fiscal Office Emergency Board May 2016

2 additional prison beds for men by April This compares to the April 2015 forecast predicting new bed need starting in mid The April 2016 forecast did not improve the outlook enough from the October 2015 forecast to delay adding additional beds this biennium. During the 2016 legislative session, the Department proposed a plan to accommodate the earlier need at the Deer Ridge facility. The plan shifted 787 current inmates from the Deer Ridge minimum facility into the previously unopened, larger medium-security facility on the same campus and added 200 beds to accommodate anticipated growth. The Legislature moved forward with approving just the shift-component of the proposal during the 2016 session, and the cost was $2.5 million for startup expenses including systems repair and updating of equipment such as door controls, cameras, and control center software; replacement of items that had been appropriated for use by other prisons in the system; and hiring six (4.46 FTE) security staff. The prison will be operated and staffed as are other minimum security prisons; this configuration will provide capacity to open additional prison beds as they are needed. To accommodate the additional 200 beds in the April 2016 forecast, the Department will request $7 million during the May 2015 meeting of the Emergency Board for new staff--counselors, medical personnel, food service workers, and security staff. SB 5701 (2016) established a $3 million special purpose appropriation that can be requested by the Department of Corrections to finance continued activation of minimum security beds at Deer Ridge. Taking into account the fact that one more forecast will be issued prior to the 2017 legislative session, the budget report for SB 5701 notes that any remaining unfunded amount can be considered as part of the Department s agency-wide budget rebalance that typically occurs during the long legislative session as part of the current biennium final statewide budget reconciliation. The Legislative Fiscal Office recommends acknowledging receipt of the report and directing the Department to report again on the male and female population issues during the September 2016 legislative days. Legislative Fiscal Office Emergency Board May 2016

3 30 Oregon Department of Corrections Ball Request: Report on the status of the female inmate population and provide an update on the male inmate population. Recommendation: Acknowledge receipt of the report. Discussion: The Legislatively Adopted Budget for the Oregon Department of Corrections (DOC) assumes the agency can continue housing its female inmate population in the designated women s facility at Coffee Creek Correctional Facility (CCCF) through the biennium. DOC reports that it is able to effectively and safely manage 1,280 female inmates at CCCF. However, once the population at the facility exceeds 1,280 on a sustained basis, the agency will need to activate the Oregon State Penitentiary minimum security facility. The Office of Economic Analysis (OEA) produces semi-annual Oregon Corrections Population Forecasts that provide DOC with projections of monthly offender populations over a 10-year period. At the time of the April 1, 2015 forecast, OEA projected the female inmate population would not exceed 1,280 on a sustained basis until March During the last six months of the biennium, the female inmate population averaged 1,272, which is extremely close to exceeding the threshold for effectively and safely managing the inmate population at CCCF. As a result, DOC was directed (through a budget note) to report to each meeting of the Interim Committee on Ways and Means, through the biennium, on the status of the female inmate population and if deemed necessary, request funding support for the early activation of the Oregon State Penitentiary minimum security facility (OSPM). This report by DOC is to satisfy its budget note and is based on the most recent OEA inmate population forecast (which was released in April 2016). The next Oregon Correction Population Forecast from OEA will be released in October Female Inmate Population As of May 1, 2016, the actual female inmate population was 1,274, which is six inmates below what the agency has identified as its threshold for capacity at CCCF and 15 inmates below the most recent OEA forecast (1,289). According to the April 2016 forecast, the female inmate population is anticipated to exceed the 1,280 threshold and grow to 1,303 by the end of the current biennium. Additionally, the forecast calls for the population to remain above the 1,280 threshold into the future. It is important to note that while OEA provides a projected inmate population on the first of every month, the actual inmate population fluctuates on a daily basis. Specifically, for April 2016, the forecasted population was 1,288 while daily population numbers fluctuated between a high of 1,281 and a low of 1,269. DOC s actual female inmate population has ranged from a high of 1,299 to a low of 1,268 since the beginning of the year. DOC reports that, due to the daily peaks in population numbers, it is struggling to effectively manage its female inmate population at CCCF. In taking these daily peaks into consideration along with the April 2016 forecast, DOC reports the agency will need to immediately begin preparing to reactivate OSPM in September DOC has a separate request for $10.5 million General Fund which will provide for one-time activation costs as well as operation costs of OSPM from September 2016 through June Department of Administrative Services 30-i May 25, 2016

4 Male Inmate Population DOC s budget was developed based on the April 2015 Oregon Corrections Population forecast and assumed that DOC would be able to manage its male inmate population within currently operating facilities. The agency previously reported that it could safely and effectively manage 13,490 male inmates within its facilities under current staffing patterns. However, after taking into consideration housing changes necessary at the mental health unit of the Oregon State Penitentiary as well and reducing the use of special housing, DOC now reports a threshold of 13,400. As of May 1, 2016, the actual male inmate population was 13,374, which is 26 inmates below the agency s identified threshold and 60 inmates below the most recent OEA forecast (13,434). Again, while OEA provides a projected inmate population on the first of every month, the actual inmate population fluctuates on a daily basis. Specifically, for April 2016 the forecasted population was 13,425 while daily population numbers fluctuated between a high of 13,400 and a low of 13,340. According to the most recent inmate population forecast, the male inmate population was expected to be 13,425 as of April 1 and grow to 13,517 by the end of the current biennium. The forecast calls for the male inmate population to remain above 13,400 into the future. DOC reports, based on the April 2016 forecast, it will need to bring an additional 200 beds online at the Deer Ridge medium security facility beginning June DOC has a separate request for $6.9 million General Fund which will provide for startup and staffing associated with these additional beds from June 2016 through June Forecast Risks It is important to note both the female and male inmate population forecasts include forecast risks which are identified by OEA. Specifically, OEA reports the following in the Forecast Risks section of the April 2016 Oregon Corrections Population Forecast: Many of the Justice Reinvestment grant funded programs began operation very recently, and although it s too early to predict their precise impact on the prison population, the early data appears to show a significant decrease in the area of male property offenders. The Family Sentencing Alternative Program is a pilot program in five counties designed to provide alternative sentencing options for primary caregivers of minor children while providing additional accountability, treatment, and parenting skills. This April 2016 forecast does not include adjustments for the potential impacts of these programs due to the fact that they are just in the formative stages and data do not exist to produce reasonable estimates. Department of Administrative Services 30-ii May 25, 2016

5 Oregon Kate Brown, Governor Oregon Department of Corrections Office of the Director 2575 Center Street NE Salem, OR Voice: Fax: The Honorable Senator Peter Courtney, Co-Chair 900 Court Street NE H-178 State Capitol Salem, OR Dear Co-Chairpersons, Please accept the following report detailing information on the female population as outlined in a Budget Note to Senate Bill 5504 (2015), as well as an update on the male population, both of which are based on the Office of Economic Analysis (OEA) April 2016 Prison Population Forecast. Background Senate Bill 5504 (2015), the primary biennium appropriation bill for the Oregon Department of Corrections (DOC), contained a Budget Note requesting interim reports on the status of the female population: The Department of Corrections, in coordination with the Office of Economic Analysis, shall provide interim reports to the Legislature on the status of the female population and, if deemed necessary, request funding support for the early activation of the Oregon State Penitentiary Minimum Security Facility. These status reports and potential funding requests will be submitted for review and approval at each meeting of the Interim Joint Ways and Means Committee throughout the biennium. Threshold Methodology The decision whether to open the Oregon State Penitentiary Minimum facility (OSPM) relies on a combination of two variables: 1) the actual female inmate population, and 2) the most current population forecast for the female population, as provided by the Office of Economic Analysis (OEA). Based on the housing capacity for the female population at Coffee Creek Correctional Facility, DOC recommends the activation of OSPM when the female population reaches a sustained 1,280 inmates. As reflected in the April 2015, October 2015, and April 2016 OEA Prison Population Forecasts, the total number of anticipated female inmates ebbs and flows throughout the biennium and beyond. If the 1,280 threshold is reached based on actual female inmate counts, yet the forecast calls for a reduction in the population in the near future, the department will recommend refraining from early activation in the hopes that the forecast comes to fruition. On the other hand, if the 1,280

6 The Honorable Senator Peter Courtney, Co-Chair Page 2 threshold has been reached and the forecast does not anticipate relative relief below the 1,280 level moving forward, early activation will likely be necessary. As the graph below reflects (Graph 1), the actual female population has regularly exceeded the threshold since November 1, while hovering just above or below 1,280 since the beginning of the year. The April 2016 forecast shows the population exceeding the threshold and staying above it into the future. It is important to note that the graph below reflects forecast averages, while the capacity needs of the agency are based on the population peaks not shown. The female population has exceeded recent forecasts by as many as 50 beds on a given day, and with emergency beds at Coffee Creek Correctional Facility fully utilized, opening OSPM is necessary to accommodate just the daily fluctuations at intake. Based on the April 2016 forecast, OSPM will need to be re-activated in September 2016, and DOC will need to begin preparing to re-activate this facility immediately. DOC will be requesting funding to re-activate OSPM for the female population at the May 2016 Emergency Board. Graph 1: April 2016 Female Population Forecast Update Male Population As noted in DOC s previous report, the October 2015 Prison Population Forecast for males differed greatly from the April 2015 funded forecast, calling for an increase in the inmate population that would require the activation of additional beds. Based purely on the April 2015 forecast, the male population would not have triggered the activation of the medium facility at Deer Ridge Correctional Institution (DRCI) until July The October forecast called for additional beds in The new April 2016 forecast did not improve the outlook enough (over the October 2015 forecast) to delay adding additional beds this biennium.

7 The Honorable Senator Peter Courtney, Co-Chair Page 3 Housing Plan During the 2016 Session, DOC proposed a plan to shift all current inmates from the Deer Ridge minimum facility into the medium facility, which has greater capacity, and operate it as a minimum. The proposed plan also included utilizing this increased capacity to open 200 additional beds at DRCI when needed. This meant that even though the facility was designed as a medium, DOC would only house minimum-custody inmates in that facility, and DOC would staff it as they would with any minimum. The Deer Ridge minimum facility would no longer house inmates for the time being, but would be utilized for program space and Oregon Corrections Enterprises work opportunities. The plan to shift was accepted, and the agency was appropriated $2.5 million to implement the shift, which took place on February 23. In the 2016 Session, DOC requested an additional 200 beds to come online this biennium at a cost of $7 million (primarily in staffing costs). The agency understood the desire to minimize the budget request during the 2016 Session to only the cost of the shift, even though the October 2015 forecast suggested the additional incremental beds would be needed. The hope in delaying the funding for the additional 200 beds was that the then-imminent April 2016 forecast would indicate a drop in the population below the operational capacity needs. As indicated below (Graph 2), with the exception of a temporary dip in early 2017, OEA s prediction of the men s population continues to grow. DOC intends to request the $7 million to open 200 beds at DRCI during the May 2016 Emergency Board. The April 2016 forecast also indicates the need to add an additional 100 beds in the final two months of the biennium (beyond the 200 referenced above), but DOC will refrain from requesting funding for those beds in the near term in the hopes that the actual population growth does not materialize. The least costly option to accommodate those 100 beds would be to add them at the Shutter Creek Correctional Institution (SCCI) in North Bend. Funding for growth at SCCI would have to be submitted in a request to a subsequent meeting of the Emergency Board. If the need arises for additional beds beyond the 200 at DRCI and the 100 at SCCI, the DRCI medium facility does have an additional 144 beds available to maximize capacity there (but they are not anticipated to be needed in )

8 The Honorable Senator Peter Courtney, Co-Chair Page 4 Graph 2: Male Population Forecast and Current Housing Plan It is important to note that in previous forecast planning, DOC had intended to open the Deer Ridge medium facility, in addition to continuing to operate the DRCI minimum, to accommodate the growth forecasted in this biennium. To fully open and operate the Deer Ridge medium facility, in addition to running the current minimum, would have cost $42 million in just the first biennium alone and $56 million in future biennia. In an effort to minimize the potential impact to the Justice Reinvestment efforts of HB 3194 (2013), the plan DOC presented in February allows for a phased-in approach to growth, rather than a singular event with a $42 million immediate impact. A critical factor in the plan s success is the department s use of temporary and emergency beds. Over the past several biennia, the department has been managing its population with an increasing use of temporary and emergency beds. In fact, today there are 896 temporary beds in use (the DRCI shift deactivated 130 that were in the minimum facility, but DOC has already had to temporarily activate 28 new emergency beds in the DRCI medium facility to accommodate the men s general population.) The department is clearly beyond capacity. DOC will provide an update on the developments of the shift during the May 2016 Emergency Board meeting. Long-Term Forecast While the April 2016 forecast shows the men s population increasing in the short-term, it does move the need for Junction City slightly outside of the 10-year forecast window. Because opening Junction City is not in the new forecast, DOC cannot predict a date in which to initiate construction. If future forecasts reflect even the slightest increase over the April 2016 projection, DOC would need to ask for funding for Junction City in a future biennium. However, with a renewed focus and concentration on how the public safety community can best work at the local

9 The Honorable Senator Peter Courtney, Co-Chair Page 5 level to hold offenders accountable and reduce recidivism, there is a growing momentum to change this collective trajectory. Together, our hope is that future forecasts based on the work happening at the local level will keep Junction City outside the 10-year window. As the department monitors the actual prison population, it will provide a subsequent report to the Joint Committee on Ways and Means during the September 2016 Emergency Board. Sincerely, Colette S. Peters Director cc: George Naughton, Interim Chief Operating Officer Dustin Ball, DAS CFO Policy and Budget Analyst Ken Rocco, Legislative Fiscal Officer Julie Neburka, LFO Principal Legislative Analyst Steve Robbins, DOC Chief Financial Officer Elizabeth Craig, DOC Communications Administrator