JUSTICE AND PUBLIC SAFETY -- BUDGET TRENDS IN JPS AND THE DEPARTMENT OF CORRECTION Joint Appropriations Committee February 23, 2005 Fiscal Research Division 1
Presentation Topics Overview of Justice and Public Safety Budget Expenditure and Program Trends in Department of Correction Current DOC Budget Major Events/Trends Driving Expenditure Changes Prison Population Growth Other Correction Budget Drivers Issues for 2005 Session JPS and Correction 2
Justice and Public Safety Departments Department of Correction Department of Crime Control and Public Safety Law Enforcement, Emerg. Mgmnt., Victims Assistance Department of Justice Attorney General; SBI Judicial Branch Juvenile Justice and Delinquency Prevention (Office 1/1/99; Dept.: July 1, 2000) Office of Indigent Defense (2000) 3
General Fund Expenditures 2004-05 Fiscal Year Education $9,229.2 million 58.0% Natural & Economic Resources $353.7 million 2.2% Justice & Public Safety $1,659.3 million 10.4% Total General Fund Budget: $15.918 billion $3,811.5 million 23.9% Health & Human Services General Government $359.9 million 2.3% Other $504.8 million 3.2% DOC $994M Debt Service $427.0 m Reserves $21.4 m Capital $45.2 m Transportation $11.2 m 4
Justice and Public Safety General Fund Authorized Budget FY 2004-05 State Appropriations DOC $994.6M CCPS 33.6 DOJ 76.6 Judicial 333.9 OIDS 83.2 DJJDP 137 Total = $1.659 B Jud 20% OIDS 5% DOJ 5% CCPS 2% DJJDP 8% DOC 60% 5
JPS and Dept. of Correction Expenditure Trends $1,800.00 $1,600.00 $1,400.00 $1,200.00 $1,000.00 $800.00 $600.00 JPS 1,102 $1,014.00 733 $644.00 1,257 1,201 809 824 1,492 1,442 New DJJDP 885 899 1,568 1,478 1,524 1,442 899 856 878 947 $1,585 $948 04-05 Auth. $1,659 $994 04-05 Auth $400.00 $200.00 DOC $0.00 94-95 95-96 96-97 97-98 98-99 99-2000 2000-01 2001-02 2002-03 2003-04 2004-05* 2004-05 NOTES: The graph shows certified and authorized budget figures for 2004-05. The certified budget represents the budget passed by the General Assembly for JPS excluding any statewide reserves to be allocated later. The Authorized Budget includes these reserves such as the 2.5% cost of living increase. Growth in DOC budget from 94-95 to 04-05 Auth. is 54%; State Govt. is 55% while JPS % is 63% (skewed by transfer of Juvenile Justice to JPS on 1/1/99) 6
JPS Budget Trends in 2001-03 Over 1,000 positions were cut in 2002, the largest number in any functional area Major cuts in line item operating budgets in all agencies Reduced funding for treatment and community based programs for adults and juveniles Closed prisons, boot camps, juvenile training schools. 7
Major Budget Actions in JPS 2004 Start-up funds for new 1,000 bed prisons Funds to create 1,086 beds at current prisons One-time reductions and line item reductions ($13 million one-time in DOC) Victims Comp --+ $2.5 million Court Resources for Domestic Violence and workload increases SBI Meth Response team: $860,000 Indigent Defense: $8.5 million to pay off backlog in attorney fees 8
Department of Correction Authorized Budget FY 2004-05 Comm Corr. $132.5 M Prob/Parole Comm Srvc C.J. Partnership Program: $8M 13% Other 1% 4% Mgmnt/ Admin Total DOC Budget $1.024 Billion Total General Fund Budget: $994 Million 82% Prisons $841 M Major Areas: Custody $566 M Programs $41 M Medical $153 M 9
Correction Budget Drivers Staffing to Supervise and Treat the Prison and Probation/Parole Population 76% of budget; 19,000 plus employees Repair and Maintenance of Prisons Purchasing and Repair of Equipment for Staff Basic Needs of Prisoners: Food, Medical, Clothing Treatment: Programs, Substance Abuse 10
Correction Facts 12/31/04 12/31/95 Inmate Population* Probation/Parole Population Prison Admissions A-E Felons Inmates 50+ DOC Employees 35,756 118,092 (3,701 parole) 25,906 (04) 58% 3,317 (8.3%) 19,563 29,485 119,791 (19,410 parole) 27,472 (94-95) 36% 1,298 (4.4%) 16,883 Avg Cost Per bed State Appropriations $62 or $22,630 (03-04) $994 million (04-05 authorized) Current population over 36,167 (2/15/05) $57.35 (95-96) $733 million (expend. 95-96) 11
North Carolina Prison Population Trends 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 22848 27052 30876 32529 32612 3191431,39631899 33021 33,583 35,205 36,885 Jun-94 Jun-95 Jun-96 Jun-97 Jun-98 Jun-99 Jun-00 june 30 01 june 30 02 june 30 03 30-Jun-04 6/30/2005* NC inmate population growth between 1995 and 2005 (projected) at 36% 12
Correction Budget Key Events 1985-95 Situation Lawsuits: Small V. Martin/Hunt and Hubert V. Ward Staffing/Sq. Ft Standards/Programs Rising Crime Rate/Prisoners Prison Cap/Early Release Parole Limited Fiscal Analysis of Criminal Penalty Bills Key Actions Special Committee on Prisons Emergency Prison Construction Program Establish Sentencing/Policy Advisory Commission Statutory requirement for Fiscal Notes on Bills that affect incarceration rates 13
Correction Budget Key Events 1994 Crime Session appropriated $194 million dollars; passed the Structured Sentencing Act Truth in sentencing prisoners would serve at least the minimum portion of their sentence Most serious offenders to prison for longer stays/nonviolent offenders to probation. Provide resources to carry out policies 500 plus probation and parole officers to meet new caseload and supervision guidelines Funds to build more prison beds $12 million dollars for Criminal Justice Partnership grants to provide community sanctions and programs No parole; post-release supervision for A-E felons and sex offenders $66 million for prevention to DHHS and Education Repealed Prison Cap/Lawsuits modified and then dropped 14
Correction Budget and Policy Actions 1995-2003 Prison population growth stabilized in late 1990 s Closed small, older prisons (36 since early 90 s); built larger, more efficient prisons Cut budget for inmate support (food, clothing, medical) and prison operating budgets Population growth projected to begin again in 2001 General Assembly authorized debt financing: three 1000 bed close security prisons in 2001 and three in 2003 Directed Sentencing Commission to develop alternatives for slowing down projected population increases. Budget crisis in 2001-03 led to reductions in community corrections, substance abuse treatment, and prison staffing 15
Major Cost Driver in 03 05 and 05-07: 1,000 Bed Prisons Prisons 1 3 capital costs totaled $242 million or average of $80 million per prison Prisons 4 and 5 estimated to cost $164.8 million or $82.4 million each. Prison 6 Contract being negotiated Operating Cost of $18.2 million each ($18,200 per bed (w/out overhead) 2003-04: $49.8 million 2004-05: $53.9 million 2005-06: $83 million 2006-07: $92 million: five 1,000 bed prisons 16
Prison Population vs. Expanded Bed Capacity 50,000 45,000 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 Population 43,499 35,205 34,910 38,807 Bed Capacity 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Prison Population Projections dated January 2005 by Sentencing Commission; Expanded Bed Capacity Dec 04, DOC 17
Prison Population versus Bed Capacity* FY Prison Population Projection* Expanded Bed Capacity Beds Over/ Under w/no change 2006 38,106 37,015-1,091 2007 39,021 37,911-1,110 2008 39,864 38,807-1,057 2009 40,750 38,807-1,943 2012 43,499 38,807-4,692 *Prison Population figures are projections by Sentencing Commission dated January 2005; Bed Capacity is DOC expanded capacity estimate as of Dec 04 and includes prisons 4, 5 and 6. 18
Why is Prison Population Increasing? Crime trends stable so other factors: Look at stock population and recent admissions 1. Stock Population--Inmates currently in prison Serious offenders staying longer ( stacking effect due to Structured Sentencing A-D Felons all prison sentences, no probation Overall time served increased from 20 months in mid 90 s to 42 months in 2003-04 for all felons 4,912 Pre-Structured Sentencing Inmates 12/04 Time served up from Avg. of 43 mos. (97-98) to 125 mos. (excluding lifers and death row). 60% of Potential Parole Population A-D Felons Parole eligible population was 3,710 in first half 04-05; 22% paroled but only 5% discretionary 19
Why is Prison Population Increasing? (Page 2) 2. New Population/Growth Factors Growth in NC Population (6% since 99) Increased percentage of active (prison) time 38% of felons get prison sentence; was 33% in 1998 Admissions up in 2003-04 may link to increased felony filings and convictions in 02 & 03 20
Why is Prison Population Increasing? (Page 3) Criminal penalty bills passed by General Assembly 2005 population projections include bills previously ratified by General Assembly if the projection model could be utilized cannot accurately project impact of new criminal penalties. Recent bills not included in 2005 projections include domestic violence and methamphetamine Used alternative scenarios and ranges to estimate population and fiscal impact of these bills New prison capacity in 04 partial response to increased penalties in these two bills. 1,000 bed prisons are partially in response to historical and recent public policy decisions to lock up serious offenders for longer period of time 21
NC Options for Handling Projected Prison Population Increases Build New Prison Beds DOC close custody bed needs will decrease by 2006 Long range needs primarily medium or minimum custody = dorms instead of single cells DOC not requesting prison construction funds in 2005-07 Expand Current Bed Capacity General Assembly added 754 beds in in 2004 by converting temp. beds to permanent. DOC reviewing bed capacity at some prisons Consider housing two inmates per cell in more prisons General Assembly added 332 inmates to Mt. View CC in 2004 Session and directed review of infrastructure needs at Pamlico Must fund staffing and programs for safety and security DOC recommends double celling part of 1,000 bed prison in Columbus in 08 22
NC Options for Handling Projected Prison Population Increases (page 2) Continue paying counties for jail backlog Small amount in 04-05; as high as $10 million in some years Increase rate of Parole (4,921 pre-struct. Sent. inmates on 12/31/04) Balance Public Safety with Equity most are serving more time than if convicted under Structured Sentencing but 60% are A-D Felons 23
NC Options for Handling Projected Prison Population Increases (page 3) Consider adjustments to Sentencing Act to reduce average time served At direction of General Assembly, the Sent Comm. developed five alternatives in 2002 Proposals have not been adopted Example: Restructuring prior record levels would reduce average time served for felons by one to two months and save 1200 beds in five years Other alternatives have less immediate impact 24
Other Cost Drivers of DOC Budget Inmate Costs Inmate Medical Budget is $153 million or 15% of total DOC budget/18% of prison budget Community Corrections $132.5 million; 2,596 positions Probation Population stable but growth projected Increase in special caseloads raises resource issues Domestic Violence, Sex Offenders, Drug Court etc CJPA Act: $8 million ($9 Million 05-06) 25
Inmate Medical Budget Expenditures since 1997-98 $180 $160 $140 $120 $100 $80 $60 $40 $20 $0 123 $102 Cost per inmate $3,270 97-98 98-99 99-2000 Dollars in Millions 135 137 140 CPI 137 $4,515 CPI: $4,113 2000-01 2001-02 2002-03 2003-04 $153 143 CPI: $4,220 2004-05* NOTES: Budget increase by 50% since 97-98 but only 13% since 99-2000. FY 04-05 is authorized budget which includes salary increases 26
Inmate Medical Budget Costs Stable from 2000-2004 Revised Prescription Drug Management Utilization Review of special treatment/procedures or extended hospital stays Claims Review: Saved $10 million in 03-04 More in-house staff and PA s/cna s 04-05 Cost Increases Volume More inmates Increased rates by contract hospitals/inadequate DOC hospitals --Capital cost to replace and expand Central Prison and NCCIW Hospitals over $165 million Aging population/catastrophic illnesses 27
MAJOR CORRECTIONS ISSUES FOR 2005 Continuing to Balance Interest in Stronger Punishment with Impact on Prison Resources -- Street Gangs Bill Developing Long-term Solutions to Managing Prison Population Increase Managing Inmate Health Care Program Capital and Operating Managing Special Offender Populations in the Community Impact of Blakely Case on Prisons and Courts 28
Other Major Justice and Public Safety Issues 2005 Session Technology Outdated computers and software, esp. in DOC and Judicial SAFIS Fingerprint ID system VIPER State wide Voice Network for Law Enforcement and Emergency Management Juvenile Justice: Facilities, Treatment Staffing and Community Based Programs Justice: Meth and DNA Issues: Law Enforcement and Lab Analysis Costs of Indigent Defense Court Resources 29