Statewide Misdemeanant Confinement Program Annual Report Fiscal Year North Carolina Sheriffs' Association

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1 Annual Report Fiscal Year North Carolina Sheriffs' Association October 1, 2017

2 NORTH CAROLINA SHERIFFS' ASSOCIATION Statewide Misdemeanant Confinement Program Annual Report Fiscal Year The Statewide Misdemeanant Confinement Program (SMCP) continues to operate as intended with repeated accolades. The program was designed to reduce prison costs and use existing county jail beds to house certain state misdemeanant prisoners that were previously sent to the state prison system. The North Carolina Sheriffs Association (NCSA) is effectively managing the SMCP and plays a critical role in ensuring that the program continues to evolve to meet all current needs as well as be prepared to respond to future demands. The SMCP manages the housing of state inmates in a local confinement facility convicted of a misdemeanor crime who are serving a sentence for a period of more than 90 days. The SMCP also manages the housing of state inmates convicted of a Driving While Impaired (DWI) offense regardless of sentence length. All 100 counties and sheriffs are participants in the Statewide Misdemeanant Confinement Program. The program refers to all counties as sending counties. County jails that have available space may volunteer to accept state inmates from the SMCP and be reimbursed by the State for incurred expenses. Counties that volunteer jail space to house program inmates are referred to as receiving counties. Receiving counties may house misdemeanants convicted in their county as well as those convicted in neighboring counties. As of June 30, 2017, there were 63 counties across the state that volunteered to be receiving counties. Attachment A shows those counties that have volunteered available space to house inmates under this program. Attachment B shows the counties that have sentenced inmates to the program as well as the counties that have housed inmates under the program. For the fiscal year ending June 30, 2017, the program s daily population averaged 1,168 inmates per day. Between July 1, 2016 and June 30, 2017, the NCSA staff processed 3,927 inmates through the SMCP. Out of those inmates, 3,225 were males and 702 were females. No youthful offenders entered the SMCP during this period. Attachment C, SMCP Average Daily Population Report, and Attachment D, Inmates Processed through SMCP, provide the fiscal year s population statistics. Adult males and females are inmates assigned to the program who are 16 years of age or older. Youthful offender males and females are inmates assigned to the program who are less than 16 years of age. A subgroup of SMCP inmates are in the program serving a Confinement in Response to Violation (CRV) sentence imposed as a result of a probation violation. A CRV sentence may be up to 90 days and probationers must receive two CRVs before probation can be fully revoked. From July 1, 2016 through June 30, 2017, the SMCP received 251 CRV inmates. The program s CRV population accounted for 6% of the inmates processed through the program from July 2016 through June Attachment E, CRV Population Report, displays the monthly CRV population during the fiscal year. North Carolina Sheriffs' Association 2 October 1, 2017

3 Effective January 1, 2015, defendants convicted of misdemeanor DWI offenses began serving their active sentence in the SMCP regardless of sentence length. From July 1, 2016 through June 30, 2017, the SMCP received 1,315 DWI inmates. The program s DWI population accounted for 33% of the inmates processed through the program from July 2016 through June Attachment F, DWI Population Report, displays the monthly DWI population during the fiscal year. The average SMCP sentence length for sentences imposed between July 1, 2016 and June 30, 2017 was 211 days. However, credits awarded on these sentences may result in the the number of actual days served in confinement within the SMCP program to be shorter. The SMCP is now funded by an appropriation from the General Fund to the State Misdemeanant Confinement Fund. The appropriation for the fiscal year was $22,500,000. For Fiscal Year , the State Misdemeanant Confinement Fund also collected $3,151, in actual revenue. Throughout the fiscal year, the Fund disbursed over $18.1 million to counties for reimbursement of expenses incurred from July 2016 through June In addition, the Fund disbursed payments totaling $1 million to the NCSA and $225,000 to the North Carolina Department of Public Safety (DPS) for administrative costs during the fiscal year. The following chart is an annual summary of the Statewide Misdemeanant Confinement Fund for Fiscal Year Attachment F, Fiscal Year Reimbursement Summary Report, details the itemized payments made to each county. SMCP Fund Analysis for FY General Fund Appropriation $22, Funds Collected 7/1/2016 to 6/30/2017 $ 3,151, NCSA Administrative Costs Paid $ 1,000, DPS Administrative Costs Paid $ 225, County Reimbursements Paid $18,110, Medical Expenses Paid $ 742, Funds Forwarded to DPS for Safekeeper Fees $ 92, Medical costs for the program remain an unpredictable variable. Injail medical services provided to program inmates are included as a part of the agreement with counties to house SMCP inmates. The NCSA s Inmate Medical Costs Management Plan was incorporated into the program to reduce outofjail medical expenses for SMCP inmates. The NCSA has contracted with a medical billing service provider to review medical bills for inaccuracies and to negotiate reduced rates for services provided to inmates at medical facilities and doctor s offices across the state. Typically, medical bills are received several weeks after services are rendered. This means the program has encumbered expenses that are unknown until the actual bill is received at the SMCP office. For the fiscal year ending June 30, 2017, the Fund disbursed payments totaling $742, for outofjail medical care provided to program inmates during their period of confinement. The plan is being used successfully by participating counties and has resulted in an average savings of 44% off of the original medical bill. As of June 30, 2017, the Inmate Medical Costs Management Plan has saved the state $573, for FY North Carolina Sheriffs' Association 3 October 1, 2017

4 Upon notification from DPS the NCSA is required to withhold SMCP reimbursements due to any county that owes DPS for safekeeper charges that are 120 days or more past due. For the fiscal year ending June 30, 2017, the Fund withheld a total of $92, from the counties and forwarded these funds to DPS as payment on these overdue safekeeper reimbursements. The NCSA conducts annual training on the SMCP every year at various locations across the state. All counties that plan to participate or continue to participate as a receiving county in the program for the upcoming calendar year must send at least one representative to one of the training classes. Counties participating as a sending only county are encouraged to send a representative as well. Conducting annual training classes provides the Association the opportunity to present updated information. The SMCP relies on cooperation between all counties since an inmate may be sent or received from any county. The NCSA staff conducted the 2016 SMCP annual training classes as follows: September 13, 2016 in Pitt County September 20, 2016 in Catawba County September 21, 2016 in Haywood County October 4, 2016 in Wake County The SMCP s 5hour annual training classes provided all attendees with the following materials: A SMCP stepbystep training guide A detailed training course PowerPoint presentation A copy of the Department of Public Safety Division of Prisons Sentence Credits Policy and Procedure A copy of the Department of Public Safety Division of Prisons Confinement in Response to Violation (CRV) Policy and Procedure Copies of Administrative Office of the Court forms routinely required by the Statewide Misdemeanant Program A SMCP Quick Reference Guide These materials are a resource for participants to use to train additional personnel at their offices who were not able to attend the training classes. There were 273 total participants at the 2016 annual training classes. The NCSA staff will conduct the 2017 SMCP annual training classes as follows: September 12, 2017 in Martin County September 13, 2017 in Duplin County September 19, 2017 in Haywood County September 20, 2017 in Catawba County October 3, 2017 in Wake County The SMCP program and staff have a wide range of responsibilities. The staff is responsible for processing new inmate housing requests, coordinating inmate transportation, processing monthly reimbursement statements, denying ineligible inmate housing requests, North Carolina Sheriffs' Association 4 October 1, 2017

5 processing release notices, processing medical billing, auditing records, and maintaining electronic and hard copy files on all inmates and reimbursement payments. Combined with the constant flow of documentation from sheriffs offices, the program staff is also responsible for coordinating inmate transfers to and from the Division of Adult Correction and Juvenile Justice (DACJJ). This includes locating space in an appropriate facility for an inmate who must complete a misdemeanor sentence that exceeds the time in custody with the DACJJ or coordinating with the DACJJ to house an SMCP inmate who meets the legal requirements to be housed in a state operated facility. In addition to inprocessing for inmates, the program staff is also responsible for answering program questions from sheriff s offices, clerks of court staff, judges, probation officers and county finance personnel. Program staff are responsible for planning and creating course materials for the annual SMCP training classes, reviewing and testing database software changes, budget management, and the development of regular and adhoc statistical reports and analysis. Each quarter of the calendar year, the financial records of the program are internally audited. Both electronic and hard copy records are reviewed and operational policies tested to ensure the program s internal operating and accounting procedures are clearly defined and adhered to by staff. The audits are performed as a risk mitigation tool to detect and resolve any potential errors as soon as possible. Custody records are audited internally biannually. As with the financial audits, the review is designed to test internal operating procedures and verify all documentation is properly filed and maintained. As the SMCP heads into its sixth year of operation, the NCSA will continuously evaluate and manage the operation of the program. The program staff is constantly looking into ways to evolve and expand the capacity of the program that are mutually acceptable among all stakeholders. For additional information, contact: Eddie Caldwell Executive Vice President and General Counsel North Carolina Sheriffs Association ecaldwell@ncsheriffs.net North Carolina Sheriffs' Association 5 October 1, 2017

6 Attachment A Counties that have Volunteered Beds to the Statewide Misdemeanant Confinement Program (SMCP) Northampton Gates Swain Graham Macon Cherokee Clay Jackson Alleghany Surry Stokes Ashe Rockingham Watauga Wilkes Yadkin Forsyth Guilford Avery Caldwell Davie Yancey Iredell Madison Davidson Burke Randolph Catawba Buncombe McDowell Rowan Lincoln Rutherford Cabarrus Henderson Gaston Stanly Polk Cleveland Union Anson Caswell Person Chatham Wake Lee Harnett Moore Cumberland Hoke Warren Hertford Halifax Bertie Franklin Nash Edgecombe Tyrrell Martin Washington Wilson Pitt Beaufort Hyde Johnston Greene Wayne Lenoir Craven Pamlico Jones Sampson Duplin Onslow Carteret Dare Scotland Robeson Bladen Pender Columbus New Hanover Volunteered beds received inmates = 63 Brunswick Not volunteered beds = 37 Last Updated: 6/30/2017 North Carolina Sheriffs' Association 6 October 1, 2017

7 Attachment B Counties that have Sentenced Inmates to the Statewide Misdemeanant Confinement Program (SMCP) Swain Graham Macon Cherokee Clay Alleghany Surry Warren Hertford Stokes Ashe Rockingham Caswell Person Granville Halifax Bertie Watauga Wilkes Yadkin Forsyth Franklin Guilford Orange Avery Durham Nash Edgecombe Caldwell Martin Washington Tyrrell Davie Yancey Iredell Madison Davidson Wilson Burke Chatham Wake Randolph Pitt Beaufort Catawba Hyde Buncombe McDowell Rowan Johnston Greene Haywood Lee Lincoln Rutherford Cabarrus Harnett Wayne Lenoir Craven Henderson Gaston Stanly Moore Jackson Polk Pamlico Cleveland Jones Cumberland Sampson Hoke Duplin Union Anson Onslow Carteret Scotland Robeson Bladen Pender Northampton Gates Dare Total Counties that have Sentenced Inmates to SMCP: 99 Columbus Brunswick New Hanover Volunteered beds sent and received inmates = 62 Not volunteered beds sent inmates = 37 Not volunteered beds not sent inmates = 1 North Carolina Sheriffs' Association 7 October 1, 2017 Last Updated: 6/30/2017

8 Average Daily Population For Fiscal Year (FY) Attachment C Month Adult Males Adult Females Youth Males Youth Females Total SMCP Inmates July August September October November December January February March April May June FY High FY Low FY Average Average Inmate Capacity North Carolina Sheriffs' Association 8 October 1, 2017

9 Total Inmates Entered Fiscal Year (FY) Attachment D Month Adult Males Adult Females Youth Males Youth Females Total Processed Inmates July August September October November December January February March April May June Total FY High FY Low FY Average Note: Figures above include all new entries into the SMCP during the Fiscal Year and include Misdemeanor, DWI, and CRV confinements. North Carolina Sheriffs' Association 9 October 1, 2017

10 Confinement in Response to Violation (CRV) Entries For The Fiscal Year (FY) Attachment E Month Adult Males Adult Females Youth Males Youth Females Total SMCP Inmates July August September October November December January February March April May June Total FY High FY Low FY Average North Carolina Sheriffs' Association 10 October 1, 2017

11 Driving While Impaired (DWI) Entries For The Fiscal Year (FY) Attachment F Month Adult Males Adult Females Youth Males Youth Females Total DWI Inmates July August September October November December January February March April May June Total FY High FY Low FY Average North Carolina Sheriffs' Association 11 October 1, 2017

12 Reimbursement Summary Fiscal Year July 1, 2016 June 30, 2017 Attachment G County Alamance Alexander Alleghany Anson Ashe Avery Beaufort Bertie** Bladen Brunswick Buncombe Burke Cabarrus Caldwell Camden* Carteret Caswell Catawba Chatham Cherokee Chowan Clay Cleveland Columbus Craven Cumberland Currituck Dare Davidson Davie Department of Public Safety Duplin Durham Edgecombe Forsyth Housing Mileage Personnel Year to Date Paid for Housing, Mileage and Personnel Year to Date Paid for OutofJail Medical Expenses Year to Date Safekeeper Fees Diverted to DACJJ $ 1,115, $ $ 2, $ 1,118, $ 36, $ $ 5, $ $ 1, $ 7, $ $ $ 172, $ 1, $ 1, $ 175, $ 11, $ $ 1, $ $ $ 1, $ $ $ 447, $ $ 1, $ 449, $ 20, $ $ 181, $ 1, $ 3, $ 186, $ 20, $ $ 9, $ 1, $ 2, $ 13, $ $ $ 5, $ $ $ 6, $ $ $ 9, $ $ $ 10, $ $ $ 522, $ $ $ 523, $ 17, $ $ 389, $ 2, $ 5, $ 396, $ $ $ 24, $ 3, $ 4, $ 32, $ $ $ 1,125, $ $ 8, $ 1,135, $ 41, $ $ 12, $ 1, $ 1, $ 15, $ $ $ $ $ $ $ $ $ 14, $ 1, $ 3, $ 18, $ 15, $ $ 237, $ $ 1, $ 238, $ 11, $ $ 21, $ 2, $ 3, $ 27, $ $ $ 5, $ $ 1, $ 7, $ $ $ 98, $ $ $ 98, $ $ $ 18, $ $ $ 18, $ $ $ 21, $ $ 1, $ 22, $ 19, $ $ 152, $ 1, $ 4, $ 159, $ 56, $ $ 108, $ $ $ 109, $ $ $ 454, $ $ 1, $ 456, $ 11, $ $ 51, $ 3, $ 6, $ 61, $ $ 7, $ 21, $ $ $ 21, $ $ $ 100, $ $ $ 100, $ 1, $ $ 32, $ 2, $ 5, $ 40, $ $ $ 1, $ $ 1, $ 3, $ 1, $ $ 970, $ $ $ 970, $ 126, $ $ 421, $ 1, $ 1, $ 424, $ 1, $ 4, $ 466, $ $ 1, $ 468, $ 7, $ $ 146, $ $ 1, $ 148, $ $ $ 94, $ 6, $ 9, $ 110, $ $ North Carolina Sheriffs' Association 12 October 1, 2017

13 Reimbursement Summary Fiscal Year July 1, 2016 June 30, 2017 Attachment G Franklin Gaston Gates Graham Granville Greene Guilford Halifax Harnett Haywood Henderson Hertford Hoke Hyde Iredell Jackson Johnston Jones Lee Lenoir Lincoln Macon Madison Martin** McDowell Mecklenburg Mitchell Montgomery Moore Nash New Hanover Northampton Onslow Orange Pamlico County Housing Mileage Personnel Year to Date Paid for Housing, Mileage and Personnel Year to Date Paid for OutofJail Medical Expenses Year to Date Safekeeper Fees Diverted to DACJJ $ 116, $ $ 1, $ 117, $ $ $ 214, $ $ 1, $ 216, $ $ $ $ $ $ $ $ $ $ $ $ 1, $ $ $ 3, $ $ 2, $ 6, $ 7, $ $ 306, $ $ 5, $ 312, $ 59, $ $ 111, $ 7, $ 11, $ 129, $ $ $ 6, $ $ 1, $ 8, $ $ $ 192, $ $ $ 192, $ 1, $ $ 179, $ $ $ 181, $ 14, $ $ 13, $ $ 1, $ 15, $ $ $ 127, $ $ 1, $ 128, $ 1, $ $ 77, $ $ $ 77, $ $ $ $ $ $ 1, $ $ $ 125, $ 3, $ 5, $ 134, $ $ $ 9, $ $ $ 9, $ $ $ 12, $ 1, $ 2, $ 16, $ $ $ $ $ $ 1, $ $ $ 99, $ $ $ 99, $ $ $ 261, $ $ 1, $ 262, $ 1, $ $ 10, $ $ $ 12, $ $ $ 159, $ 1, $ 1, $ 163, $ 4, $ $ 5, $ $ $ 5, $ 1, $ 59, $ 13, $ $ $ 14, $ $ $ 29, $ 1, $ 2, $ 34, $ 1, $ $ 1,192, $ $ $ 1,192, $ $ $ $ $ $ 1, $ $ $ 280, $ $ $ 281, $ 38, $ $ 242, $ 1, $ 1, $ 245, $ 1, $ $ 45, $ 2, $ 4, $ 51, $ $ $ 290, $ 1, $ 4, $ 297, $ 8, $ $ 220, $ $ $ 221, $ 8, $ $ 512, $ 1, $ 4, $ 518, $ 19, $ $ 51, $ $ $ 52, $ 2, $ $ 100, $ $ $ 101, $ $ North Carolina Sheriffs' Association 13 October 1, 2017

14 Reimbursement Summary Fiscal Year July 1, 2016 June 30, 2017 Attachment G Pasquotank* Pender Perquimans* Person Pitt Polk Randolph Richmond Robeson Rockingham Rowan Rutherford Sampson Scotland Stanly Stokes Surry Swain Transylvania Tyrrell Union Vance Wake Warren Washington Watauga Wayne Wilkes Wilson Yadkin Yancey Total County Housing Mileage Personnel Year to Date Paid for Housing, Mileage and Personnel Year to Date Paid for OutofJail Medical Expenses Year to Date Safekeeper Fees Diverted to DACJJ $ 76, $ $ $ 78, $ $ 2, $ $ $ $ $ $ 15, $ $ $ $ $ $ $ 237, $ $ $ 237, $ 12, $ $ 43, $ 3, $ 8, $ 55, $ $ $ $ $ $ $ $ $ 82, $ 3, $ 8, $ 94, $ $ $ $ $ $ $ $ 3, $ 11, $ 2, $ 3, $ 17, $ $ $ 337, $ $ 1, $ 339, $ 13, $ $ 415, $ 2, $ 5, $ 423, $ 15, $ $ 394, $ $ 2, $ 397, $ 3, $ $ 682, $ 1, $ 1, $ 685, $ 1, $ $ 9, $ 1, $ 1, $ 12, $ $ $ 211, $ $ $ 213, $ 18, $ $ 188, $ $ 2, $ 191, $ 4, $ $ 136, $ $ $ 138, $ 8, $ $ 105, $ $ $ 105, $ $ $ 334, $ $ 1, $ 336, $ 27, $ $ $ $ $ $ $ $ 11, $ $ 1, $ 12, $ $ $ 24, $ 1, $ 2, $ 28, $ $ $ 1,287, $ $ $ 1,288, $ 9, $ $ 61, $ $ $ 62, $ $ $ 68, $ $ $ 69, $ 1, $ $ 13, $ $ 1, $ 16, $ $ $ 48, $ 2, $ 3, $ 54, $ $ $ 26, $ 1, $ 2, $ 29, $ $ $ 333, $ $ 1, $ 335, $ 42, $ $ 12, $ 1, $ 1, $ 15, $ $ $ 86, $ $ $ 87, $ 5, $ $ 17,718, $ 101, $ 197, $ 18,017, $ 742, $ 92, * County is a participant in Albemarle District Jail ** County is a participant in BertieMartin Regional Jail North Carolina Sheriffs' Association 14 October 1, 2017

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