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THURSDAY, JANUARY
27, 2005
600 BERCUT DRIVE
SACRAMENTO, CA
Kevin Carruth, Undersecretary,
representing Mr. Roderick Hickman for the Youth
and Correctional Agency, stated that Mr. Hickman
was at the Little Hoover Commission hearing on
the reorganization of the Youth and Adult Correctional
Agency. Because Board Members Walt Allen and Calvin
Remington also need to attend the hearing, staff
will first present the action agenda items that
require a quorum, followed by the information
agenda items. Acting Chair Carruth asked if there
were any objections. Hearing none, the meeting
continued.
Acting Chair Carruth called the
meeting to order at 9:30 a.m. He announced the
absences of Board Members Zev Yaroslavsky and
Mimi Silbert due to a conflict in their schedules.
Ms. Silbert submitted a written request to be
excused and Mr. Yaroslavsky's staff called and
asked that he be excused.
A motion to excuse Board members
Zev Yaroslavsky and Mimi Silbert due to a conflict
in schedules was made by Mr. Michael Prizmich
and seconded by Mr. William Kolender. The motion
carried.
APPROVAL OF THE MINUTES
OF THE OCTOBER 21, 2004 BOARD OF CORRECTIONS MEETING
(AGENDA ITEM A)
Acting Chair Carruth asked for
a motion to adopt the minutes as submitted.
A motion to
adopt the minutes of the October 21, 2004 Board of Corrections meeting was made by Mr. William
Kolender and seconded by Mr. Calvin Remington.
The motion carried.
Acting Chair Carruth introduced
Barbara Tynes as the new Administrative Assistant
to the Board who is replacing Gloria Guerrero
who took a position with the California Youth
Authority in Modesto.
REQUEST TO ESTABLISH INDEPENDENT
OPERATIONS AND INCIDENT REVIEW PANEL - CALIFORNIA
INSTITUTION FOR MEN (AGENDA ITEM D)
Executive Officer (A) Karen Stoll
reviewed a letter from Secretary Hickman, included
in the Agenda package, asking the Board to establish
an independent operation and incident review panel
related to the homicide that occurred on January
10, 2005, at the California Institution for Men
(CIM). An inmate killed Manuel Gonzalez, a sixteen-year
veteran Correctional Officer employee of CIM.
Ms. Stoll stated that Penal Code section 6028.1
allows the Board of Corrections to implement special
studies and panels of this nature. In the past,
there have been few requests, but Secretary Hickman's
request is within the responsibilities and purview
of the Board to look at issues of penology and
correctional studies.
The Inspector General and Ms.
Stoll met with investigators from the San Bernardino
County Sheriff's Department; the District Attorney's
Office; a representative from Senator Gloria Romero's
office, who is also looking into the matter; and
internal affairs investigators from the Department
of Corrections. All agreed that caution would
be taken so that each of the independent review
group's activities would not interfere with the
local prosecution and homicide investigation.
Staff is recommending that
the Board approve Secretary Hickman's request
with the following conditions:
- Defer commencement of the
Panel's activities until the Sheriff's Department
has completed its investigation into the homicide.
- Defer the interviewing of
witnesses until the District Attorney has reviewed
the investigation reports. The Sheriff's Department
is expected to complete its investigation this
week and the District Attorney's Office will
take approximately a week and a half to review
it after the Sheriff's Department submits the
materials to them.
- Where feasible, the panel
will rely on reports and materials from the
other three investigations.
- If additional information
is needed, the District Attorney and Sheriff's
Department will be advised and present during
the interviews. There are valid concerns with
multiple interviews of potential witnesses.
Ms. Stoll stated that an agreement
was made to provide copies of reports or documents
generated by each panel, and to maintain confidentiality
of the Sheriff's and District Attorney's investigation
reports and preserve the nonpublic records status
of these reports. Staff has requested a legal
opinion on whether the panel created by the Board of Corrections will have a confidentiality shield.
Staff is recommending creation of the suggested
panel with the conditions and the agreements that
were discussed with the District Attorney's Office.
Glenn Goord, Commissioner of the New York State
Department of Corrections was suggested to chair
the panel. In discussions with the National Institute
of Corrections, they expressed their desire to
maintain neutrality, and ability to confer with
YACA, and have elected not to be part of the panel.
The National Institute of Corrections has agreed
to provide the funding for the travel of the out-of-state
participants.
Acting Chair Carruth stated that
he wanted the role of the National Institute of
Corrections (NIC) to be clear. It is because they
have considerable expertise. NIC chose not to
participate on the panel. They feel that it compromises
their neutrality in the situation and the ability
to provide technical assistance because they will
then be a participant in the event. The Board
will honor that decision. Mr. Michael Prizmich
asked what is the end goal of the panel. Ms. Stoll
answered that the end goal of the panel is to
produce an objective report with recommendations
on operational and security issues around the
homicide incident and other issues that have been
raised regarding staff vests. Acting Chair Carruth
said it would be valuable to have people from
within the State of California, from local government
as represented by the Board, and others to provide
an objective perspective on the incident. He stated
that Glenn Goord is particularly well qualified
to take a look at this issue.
A motion was
made by Mr. Walter Allen and seconded by Mr. Gary
Mann to accept the staff recommendation. The motion
carried.
Acting Chair Carruth commented
that the Secretary/Chair is asking the Board to
take an active role on this issue, which is a
further indicator of his confidence in the Board's
staff and the Board itself. Ms. Stoll stated that
Mr. William Kolender and Mr. John Scott are being
asked to be on the panel.
PILOT PROJECT REQUEST FOR
TEMPORARY HOLDING ROOM CAPACITY - CONTRA COSTA
COUNTY (AGENDA ITEM F)
Acting Deputy Director Jerry
Read stated that this agenda item is a pilot project
request from Contra Costa County to increase the
rate of capacity of one of their holding cells
at the Martinez Detention Facility from a maximum
of 16 inmates to a maximum of 32 inmates. Title
24, Section 470.2.2 - Temporary Holding Cells,
requires that holding cells be limited to holding
no more than 16 inmates. The limitation on the
maximum capacity of temporary holding cells is
predicated on two basic premises: (1) the difficulty
of providing effective supervision for more than
16 persons; and (2) flexibility in terms of inmate
segregation. Contra Costa County Sheriff's Department
personnel believe they can mitigate the concerns
upon which the limit is based. Title 24, Section
13-102 allows the Board to approve departures
from the regulations for experimenting with building
systems or new designs Captain Dave Pascoe from
the Contra Costa County Sheriff's Office was available
to answer any questions about the request.
A motion
was made by Mr. William Kolender to approve the
Contra Costa County Sheriff's Department's pilot
project request for Title 24, Section 470A.2.2
- Temporary Holding Cell, to increase the maximum
capacity of Holding Cell #9 to 32 inmates and
seconded by Mr. Donald Sheetz. The motion carried.
SACRAMENTO POLICE ATHLETIC
LEAGUE CONTRACTUAL AND AUDIT COMPLIANCE ISSUES
- FEDERAL TITLE II GRANTS (AGENDA ITEM H)
Field Representative Marlon Yarber
stated that staff is recommending that the Board
deny second and third year funding to the Sacramento
Police Athletic League (PAL) program based on
their lack of demonstrated effectiveness and failure
to comply with contractual issues. Concurrent
with the closure of the Office of Criminal Justice
Planning (OCJP) and the transfer of grant projects
to the Board of Corrections, staff recommended
that the Board honor existing contracts and those
approved for funding by OCPJ. One of the 27 Title
II Delinquency Prevention project contracts transferred
to BOC was the Growing Our Own project funded
through Sacramento PAL. The issue is how the funds
are supposed to be used. Title II funds are designed
for use primarily as startup costs, allowing a
program to become operational. Within three years
an outside funding source should be identified
for long-term sustainability. From June 2000 to
June 2003, prior to the transfer of the contract
to the Board of Corrections, Sacramento PAL received
one cycle of three-year funding and, as a result,
should not have been eligible to receive a second
round of Title II funds. Similar issues were identified
in the 2000 to 2003 project, by the OCJP monitor
and the independent auditor's report recommended
by Board staff. The OCJP monitor was unable to
verify progress report data, including how many
kids were in the program, how many had completed
different outcomes, and how many had completed
or participated in different activities. PAL's
response at that time was to prioritize development
of a system to collect data and track kids in
the program. This is one of the main concerns
expressed by Board staff. Since the grant award
was honored by BOC, staff has exercised a great
deal of flexibility. The contract was backdated
to include a portion of the period that OCJP administered
the program, October 1, 2003 to September 30,
2004. Staff helped PAL finalize budget documents
and get the grant award completed. Staff recommended
the audit because no audit had been conducted
for the first three-year cycle. Staff assisted
in the repeated review and revision of financial
invoices submitted for payment. An extension of
progress reports was allowed, and the number of
progress reports required for the project was
reduced. PAL was given the opportunity to respond
to the audit and develop a corrective action plan.
PAL attempted to bring the project back into compliance.
While staff was attempting to retrieve progress
reports, PAL indicated that they were undergoing
a merger with the Sacramento 911 Foundation, which
spurred questions about the contract validity
with BOC. In response to these questions, PAL
identified a due date to produce the corrective
action plan and a response to the progress reports
and the delayed invoices. PAL failed to meet its
initial deadline and has since supplied some of
the information to us. BOC staff also met with
the Sacramento PAL and the 911 Foundation to discuss
options, opportunities, and potential future relationships.
Subsequent to the corrective action plan being
delivered to BOC on December 23 (the due date
was December 15), on January 12, a crate of information
was delivered that included source documentation,
employee timesheets, hard copies of policies and
procedures and bylaws, and updated information
in relation to the progress report. The information
does show that PAL has delivered the services
as identified albeit the information is late.
A financial invoice had not been submitted since
May 31, 2004. On January 21, a draft financial
invoice was submitted for the reimbursement of
$69,123. Currently, there is a balance of $86,951
from the project.
Acting Chair Carruth noted that
Board Members received a letter dated January
24 from David Topaz; Chief Najera; Vice Mayor
Sandy Sheedy; Councilmember Rob Fong; and Kendra
Lewis, Executive Director. He stated that the
threshold question is a legal one regarding the
eligibility for continuing funding and that his
understanding is that under the federal statute
a project can receive only three years of funding.
Due to commitments made by OCJP, Sacramento PAL
received a fourth year of funding, but should
not have, according federal statutes. Regardless
of PAL's performance being exemplary or not, they
are not eligible to receive additional funding.
Mr. Yarber stated OJJDP had confirmed that in
discussions related to other projects that had
received funding beyond three years.
David Topaz, President, 911 Foundation
for Humanity, and also President of the Sacramento
PAL, stated that the Sacramento PAL had been in
operation for 30 years and has provided before
and after school programs for kids in one form
or another in Oak Park and other disadvantaged
neighborhoods. In late March or April of 2004,
the 911 Foundation for Humanity began negotiations
to take over PAL. The 911 Foundation pursued funding
sources outside of the grants that PAL currently
has. Some programs are available to PAL, including
an entrepreneurship program, and a playwriting
and arts program that the Teichert Foundation
has expressed an interest in. The 911 Foundation
has been operating under the assumption that the
funding could continue should they comply with
Board staff's requests. Every effort has been
made to do that. Mr. Topaz stated his great fear
was that if funding were not continued, they would
be able to go to the Teichert Foundation with
a proposal for other programs. He stated that
Sacramento PAL would like to come back to the
Board in six months with a performance review.
Mr. Topaz stated that Marlon Yarber did a great
evaluation of the project, but there were other
results the Board might be interest in. This year,
the first PAL participant graduated from a four-year
university. All the participants in a special
sub-program at PAL, called the Math, English,
Science, Language Program, were admitted to four-year
colleges. Mr. Topaz asked the Board for a continuation
of the funding and/or the direction to any other
funding that the Board has access to help keep
PAL in place to continue helping kids. He stated
that there are 45 to 50 kids, on a daily basis
from 2:00 p.m. to 7:00 p.m., Monday through Saturday,
who are receiving a healthy meal, tutoring, education
and athletic programs that are only starting to
expand. Because of 911's involvement, Mr. Topaz
has access to the police department and the sheriff's
department, both who have offered to be involved.
Mr. Remington stated that he
appreciated Officer Topaz's involvement and wished
it had been earlier. Acting Chair Carruth offered
an amendment. He stated that staff's amendment
is that they not be funded for second and third
year, which is actually fourth and fifth year.
For the record, he suggested that the motion be
that the Board does not approve it for fifth year
funding given the statute's three-year limitation.
Ms. Stoll stated it was appropriate.
Acting Chair Carruth asked for
any discussion. Mr. Walter Allen stated that if
the recommendation is that the Sacramento PAL
not continue, they can come back with a different
proposal; reconfigure their proposal in a different
manner that meets additional or different needs.
Mr. Yarber stated that in the January 21 meeting
with representatives from Sacramento PAL and the
911 foundation, BOC staff said there was a potential
for future opportunities along with some of the
different grant programs, not just the Title II,
but Title V funding or any of the other grant
opportunities available to them. Ms. Stoll responded
to Mr. Kolender and Mr. Allen's comments. She
stated that this is one of two projects in the
state that is not associated with the Cal PAL
program, which does provide oversight and direction.
When Board staff met with the project staff they
discussed the need for a business plan, outcomes,
and to develop tracking. The meeting served to
lay out some of the documented information they
need to organize and collect if they are going
to be successful at any grant regardless of the
source.
Mr. Prizmich asked if the
motion included requesting money back from the
911/PAL organization. Ms. Stoll answered that
staff has been able to identify through documentation
how much money the Board can pay them from the
first year. Mr. Yarber stated that as part of
the recommendation, staff is asking the Board
to allow negotiation payment out of the fourth
year funds.
A motion
to approve the removal of the Sacramento Police
Athletic League project from the Title II Delinquency
Prevention and Intervention approved projects
list for fifth year funding, and approval for
staff to negotiate resolution and payment of all,
or a portion, of the remaining funds was made
by Mr. Calvin Remington and seconded by Mr. William
Kolender. The motion carried.
FEDERAL TITLE V COMMUNITY
PREVENTION GRANT PROGRAM - RFP UPDATE AND APPROVAL
OF RATING CRITERIA (AGENDA ITEM J)
Field Representative Lynda Frost
stated that this agenda item involves an update
for proposals for the Title V Community Prevent
Grant Program, which supports a variety of prevention
and intervention activities designed to keep at-risk
youth from entering the juvenile justice system.
It is also a request for Board approval of the
draft rating criteria for evaluating the Title
V grant proposals. Acting Chair Carruth asked
if there was any discussion. He stated that there
are copies of the RFP available if members of
the audience are interested.
A motion was
made by Mr. William Kolender to approve the recommended
Title V RFP rating criteria and seconded by Mr.
Calvin Remington. The motion carried.
BOARD OF CORRECTIONS
REGULATIONS AND STANDARDS REVIEW PROCESS (AGENDA
ITEM K)
- Minimum Standards for Adult
Titles 15 and 24, California Code of Regulations
Revision Process - Request for Final Adoption.
Acting Deputy Director Jerry Read stated
that at the July 2004 meeting, the Board adopted
the proposed revisions to Titles 15 and 24
regulations that were brought forward as a
recommendation of an Executive Steering Committee.
The revisions were approved for the purpose
of filing with the Office of Administrative
Law and to begin the 45-day public comment
period. As required by the Administrative
Procedures Act, two public hearings were held
- one in San Diego and one in Sacramento.
E-mail and regular mail comments were accepted
on proposed revisions to the regulations.
Only two of the comments resulted in a change
to the proposed modifications. There was a
change to section 1029, the Policies and Procedures
Regulation, and a change to 1209, the Mental
Health Services and Transfer to a Treatment
Facility Regulation. The changes were forwarded
to the chair and co-chair of the Executive
Steering Committee, Mr. Kolender and Mr. Mann.
They approved the changes to the regulations.
As required by the Administrative Procedures
Act, there was another 15-day public comment
period. No further comments were received.
Acting Chair Carruth noted that in the Mental
Health Section reference is made to a Licensed
Health Personnel and asked what were the categories
of licensing. Mr. Read responded that there
is a definition in Title 15 that lists "licensed
health personnel" requirements.
A motion to
approve the proposed changes to Titles 15 and
24, Minimum Standards for Local Adult Detention
Facilities and authorization for staff to proceed
with the final regulation adoption process as
mandated by the Administrative Procedures Act
was made by Mr. Gary Mann and seconded by Mr.
Michael Prizmich. The motion carried.
- Minimum
Standards for Juvenile Detention Facilities,
Titles 15 and 24, California Code of Regulations
- Request to Begin Regulations Review and Revision
Process
Acting Deputy Director Jerry Read stated
that the Board of Corrections is mandated
under Welfare and Institutions Code 210 and
885 to establish and review minimum standards
for local juvenile detention facilities. The
regulations reviewed include minimum standards
related to programs, procedures, health care
and nutrition, sanitation, as well as the
planning and design of locally operated juvenile
detention facilities. In the past, when the
regulation revision process begins, the Executive
Steering Committee (ESC) process is developed
and, where appropriate, the Board empowers
the ESC to develop work groups to work on
regulation revision. Staff would meet with
the Chair of the ESC that is appointed by
the Chair of the Board to develop a list of
potential ESC members and firm up a proposed
timeline that would be considered at the March
17 Board of Corrections meeting.
A motion (1)
to direct staff to begin the local juvenile detention
facilities review and revision process, (2) for
the Chairman appoint a BOC member to chair the
ESC, (3) to empower the chair of the ESC to develop
a list of recommended ESC members and a proposed
timeline for consideration at the March 17, 2005
BOC meeting, and (4) to include Mr. Calvin Remington
as the ESC chair was made by Mr. William Kolender
and Mr. Walter Allen. The motion carried
- Minimum Standards
for Selection and Training for Corrections,
Title 15, California Code of Regulations - Request
to Begin Regulations Review and Revision Process
Deputy Director Shelley Montgomery stated
that this Agenda Item is a request to proceed
with a revision process of the minimum standards
for the selection and training program in
Title 15. It is a periodic review of all the
regulations that govern the STC Program. This
review is scheduled to start on March 17,
2005. Ms. Montgomery pointed out that Mr.
Prizmich has volunteered to chair the ESC.
Acting Chair Carruth stated that Mr. Mann
would also like to participate on the committee
and that the motion should include Mr. Prizmich
as the chair.
A motion was
made to (1) direct staff to begin the Standards
and Training for Corrections; (2) appoint Mr.
Michael Prizmich to chair the ESC and Mr. Gary
Mann as a participant; and (3) empower the chair
of the ESC to develop a list of recommended ESC
members and a timeline for its consideration at
the March 17, 2005 BOC meeting by Mr. William
Kolender and seconded by Mr. Walter Allen. The
motion carried.
DISPROPORTIONATE MINORITY
CONTACT WORKGROUP (AGENDA ITEM I)
Field Representative Magi Work
provided an update of the November 3, 2004, meeting
of the Disproportionate Minority Contact Workgroup.
The Federal Juvenile Justice and Prevention Act
that requires states to adhere to four core requirement
in order for the states to receive funding. In
the event that one or more of the requirements
are not met, 20 percent of each violation of that
funding is held. Fifty percent of the remaining
allocation going to the state must be focused
on the core requirement that does not meet compliance.
In an effort to bolster the DMC effort in California,
the Board of Corrections directed the Planning
and Program staff to convene a workgroup that
could evaluate and determine the best continuing
strategy for the State of California to reduce
DMC. The group discussed the data collection that
is currently being collected through the Department
of Justice from the probation departments throughout
the state, and decided that that data is adequate
to be used as a warning for these counties to
further investigate DMC. The group arrived at
consensus regarding the following issues. DMC
should be addressed through a systemic approach.
Education and training are a critical piece for
DMC. Technical assistance needs to be provided
to local governments and community groups in collecting
data that would be community-specific and use
it for program planning and implementation. DMC
also should be addressed prior to the arrest,
meaning that data that is currently being collected
through DOJ does not hit on the contacts that
the police and sheriffs are having with the kids
prior to it being turned over into the formal
juvenile justice system and them turning it over
to probation. Experts claim that nationwide, 20
to 30 percents of the contacts fall in this category,
which is something that is being collecting now.
Evidence-based models need to be identified and
available for jurisdictions wanting to implement
DMC. Since the November meeting, DMC has been
incorporated in the Title V RFP. It demonstrates
how DMC can be addressed in a variety of programs.
The workgroup again met on January 11, and refined
the previous issues discussed. The group arrived
at a conceptual idea, which is to develop a model
that can be offered to the local communities.
The DMC workgroup directed Board staff to build
off the conceptual idea and provide a model that
they can review. The model envisioned is one where
counties volunteering to participate and, at the
absolute minimum, the willingness of probation
and the juvenile judge or referee to commit to
working collaboratively to address DMC. Further,
the model must include stipulations requiring
measurable outcomes. There must be emphasis on
front-end measures clearly articulating requirements
and what is expected of the program participation
before a community is selected. The group also
felt the necessity to inform program candidates
of potential problems and barriers when advocating
voluntary participation. They felt that this would
be the most successful approach in reaching evidence-based
results desired regarding the DMC. The workgroup
anticipates a recommendation for the Board at
its March meeting.
Mr. Remington commented that
he supported what Ms. Work discussed today. California
is somewhat, for a variety of reasons, behind
the curve on DMC. There is not a lot of money
for this effort, but the will is there in the
counties throughout California to participate.
Education and technical assistance are critical
to this effort and the conceptual design that
BOC staff will be working with is very important.
Ms. Stoll added that staff recently
received a letter from the federal government
indicating that, they will release 80 percent
of the money regarding the core requirements,
but are withholding 20 percent of the money subject
to BOC's submittal of DMC data on March 31. BOC
was found in compliance last year after submitting
the data and anticipate the same finding will
be found this year.
Acting Chair Carruth asked if
this was going to be a standing body that is going
to continue to work this issue. Ms. Stoll responded
that it was not envisioned to be a standing body.
It is a workgroup subject to whatever limitation
is needed. No future meetings are planned at this
time. Staff plans to get the draft concept to
them prior to submittal to this Board in March.
Acting Chair Carruth stated that the reason he
asked was at the recent American Correctional
Association meeting there was a similar item on
the agenda and the Secretary had it amended to
include victims groups in the future because so
much crime is race on race, culture on culture,
that when you start talking about perpetrators
you also need to be thinking about victims. If
we continue to work in this area with the workgroup,
I would encourage staff to have a crime victim
representative and Sharon English could help.
Ms. Stoll stated that the State Advisory group
would be the panel and it will have a victims
member.
Mr. Remington and Mr. Allen
left the meeting as 10:20 a.m. to attend the Little
Hoover hearing.
REFORMING CALIFORNIA'S YOUTH
AND ADULT CORRECTIONAL AGENCY - GOVERNOR'S REORGANIZATION
PLAN (AGENDA ITEM B)
Acting Chair Carruth stated that
Secretary Hickman was at the Little Hoover Commission
to discuss the magnitude of YACA's reorganization
effort. Acting Chair Carruth focused his discussion
on the Board of Corrections, but offered to go
into greater detail on the organization if there
was interest by the Board members. In the reorganization
plan, the BOC will be re-titled, in statute, the
"Board of Corrections." It
will retain all of its current functions as well
as additional functions. Additional functions
anticipated include:
- Setting training and selection
standards for CDC, CYA, and BPT personnel.
- Setting standards for juvenile
and adult institutions or prisons. It is currently
envisioned that staff may not be inspecting
juvenile and adult institutions - an audit and
compliance unit will inspect against the training
and selection standards. The Board's talent
will be used to manage and set standards in
place.
The workload for the Board and
staff will increase, but it is an expression of
the Board's good work. The organization will be
dramatically different. Historically, there has
been a Department of Corrections, Department of
the Youth Authority, and three parole boards (the
Board of Prison Terms, Youth Authority Board,
and the Narcotic Addict Evaluation Authority).
There will be one parole board, the Parole Hearings
Division. It will be comprised of 17 appointees,
which is approximately the number of appointees
that currently exist between the three parole
boards. Appointees will serve three-year terms
and will be confirmed by the Senate. The Secretary's
office will include a number of support organizations
that will service the entire Agency: Labor relations;
legislation; public information; and administrative
services, which includes budget and human resources
functions. There are victim crime services and
about a dozen offices that will service the entire
department with the consolidation. Currently,
every organization performs its own legislative,
public information, and administrative work. There
will be some economies and standardization related
to bringing all these functions together. There
will no longer be organizations called the California
Department of Corrections or the California Youth
Authority. All the names that have been familiar
in the past will be gone from the codes. There
will be a Department of Correctional and Rehabilitation
Services instead of an agency called Youth and
Adult Correctional Agency. There will be six major
organizations that deliver services or oversee
operations. Juvenile institutions, which will
be the former Youth Authority, or a portion of
the former Youth Authority; adult institutions,
a portion of the former Department of Corrections;
and parole is envisioned to be juvenile and adult
combined. There is also a proposal in the Governor's
budget regarding the May revise to transfer youth
authority parole to county probation departments,
so there may only be an adult probation. There
will be an organization called Community Partnerships,
which is a new function.
Yesterday, at a meeting hosted
by YACA in Galt, between 400 or 500 people attended,
most being from communities around the state including
faith-based organizations, community-based organizations,
local government organizations and state government
organizations. The purpose was to begin to form
a network of services that can assist with offender
re-entry and offender programming and custody.
There will an organization loosely called Rehabilitation
Services. It includes academic education, vocational
education, drug treatment, general counseling
services, self-help, etc. There will be a health
care organization that deals with physical medicine
and severe mental illness. There are six organizations
that will service one another in a matrix structure
in which all will be on an equal playing field
for authority and responsibility. It is a different
way of operating than what departments are accustomed
to. It is also a shift that reflects Governor
Schwarzenegger's overall plan to go from strong
departments and weak agencies, to strong agencies.
The Governor believes that if he is going to have
agency secretaries, they should be responsible.
Acting Chair Carruth asked if
the members of the Board or members of the audience
had any questions. In response to a question regarding
when the changes would take effect, he responded
that the information was announced by the Governor
in his State of the State on January 5, 2005,
and released to the Little Hoover Commission on
January 6. It has been on the Little Hoover Commission's
website since January 6. It includes a narrative
and the code changes that will be involved. Little
Hoover has approximately 30 days in which to hold
hearings, write reports, and make comments to
the Legislature and others. They are holding a
hearing and it is assumed that a written report
that will be provided to the Legislature who then
has 60 days to hold hearings and comment. The
Legislature must vote on the proposal it in its
entirety. There are two reorganization packages
that are moving forward; the Youth and Adult Correctional
Agency, and one that concerns about a hundred
boards and commissions that are being abolished.
As the Board's staff have wisely noted, having
their name changed from the Board of Corrections
to the Board of Corrections is a positive
change because when administrations change, boards
and commissions are targets for abolishment.
MENTALLY ILL OFFENDERS UPDATE
(AGENDA ITEM C)
Field Representative Lynda Frost
provided an update on three activities related
to mentally ill offenders. The first is the Board's
final report on the Mentally Ill Offender Crime
Reduction Grant Program (MIOCRG). Staff has provided
a draft of the report to the Youth and Adult Correctional
Agency. Ms. Frost highlighted a few key findings
from the statewide evaluation, which produced
a wealth of data on the more than 8,000 offenders
who participated in the 30 demonstration projects
supported by this initiative. Staff's analysis
of the data found that the MIOCRG program produced
positive results in a number of key areas. For
example, the individuals receiving enhanced MIOCRG
services were less likely to be arrested, which
was the primary aim of the program, and had significantly
improved mental functioning in comparison to their
counterparts receiving treatment as usual. In
addition, more MIOCRG participants had residential
housing at the end of the intervention period
and more had achieved economic self-sufficiency
than their counterparts. Lastly, in terms of what
works in reducing recidivism among mentally ill
offenders, the Board's analysis found a positive
correlation between criminal justice outcomes
(i.e., bookings, convictions and jail days) and
the extent to which the projects incorporated
the elements of the assertive community treatment
model, which basically involves intensive case
management services delivered by a multidisciplinary
team.
The second item is one that the
Secretary Hickman wanted brought to Board's attention
in his capacity as Chair of the Council on Mentally
Ill Offenders. He recently sent a letter to the
sheriffs, chief probation officers, and police
chiefs apprising them of the funding opportunities
that might be available to them under the Mental
Health Services Act, which was enacted with the
passage of Proposition 63. This Act dedicates
60 percent of the funds generated in the second,
third and fourth year to programs that offer services
similar to those provided by the MIOCRG projects.
The third item is federal legislation
related to mentally ill offenders. The President
signed a bill in late October establishing a federal
grant program that essentially mirrors California's
MIOCRG program. This new law allows states and
local governments to apply for funds for collaborative
projects aimed at reducing recidivism among mentally
ill offenders, both adults and juveniles. Although
the Act authorizes an appropriation of $50 million,
which is about half of what California spent on
its MIOCRG program, the funds are not actually
there yet. If funds are appropriated, California
and its counties may be well poised to take advantage
of this new federal program.
PROGRESS REPORT ON SAN DIEGO
COUNTY'S PILOT PROJECT ON LIVING UNIT CAPACITY
(AGENDA ITEM E)
Acting Deputy Director
Jerry Read stated that in 1998, San Diego County
Probation was awarded a Board of Corrections construction
grant to build the East Mesa Juvenile Detention
facility. During the design of that facility,
it was determined that they could increase the
capacity of the facility by 90 beds without the
use of additional state funds by increasing unit
capacity from 30 beds to 40 beds. At the May 2000
Board meeting, San Diego County was granted a
pilot project for the 40 bed units because Title
24, Section 460A.2.5 limits the number of minors
housed in a living unit to 30. San Diego occupied
the building in June 2004. This represents their
six-month progress report, which was required
as a condition of the pilot project status. The
report compared the 40-bed units at East Mesa
with 30-bed units at San Diego County's Kearney
Mesa Juvenile Detention Facility. The report indicates
that there is no significant difference in incidents
between the 30-bed units (that house similarly
classified youth) at Kearney Mesa as compared
with East Mesa. Susan Mallett, Deputy Chief of
Institutions in San Diego, and Craig Stover the
Superintendent of the facility, were in the audience
to answer questions.
FEDERAL JUVENILE JUSTICE GRANT
PROGRAMS UPDATE (AGENDA ITEM G)
Field Representative Lynda Frost
presented an update on activities related to the
four juvenile justice grant programs transferred
to the Board last January. Staff recently initiated
the re-application process for the Title II grants
related to delinquency prevention and early intervention
efforts. Since eligibility for second year funding
is contingent in part on the grantees' ability
to demonstrate the effectiveness of their projects,
or at least the progress they are making in achieving
desired outcomes, the application requires the
grantees to identify any inadequacies with the
program during the first year and to describe
any modifications that would be needed to improve
the program in its second year. Staff also has
initiated the federal application process for
the Title V program. This application is due on
March 31. Lastly, in terms of the Juvenile Accountability
Block Grant program, the field testing for the
on-line invoicing system has concluded and is
close to being rolled out. This new system, which
is going to make the invoicing process more efficient
for everyone involved, will also be used for the
Title V grantees that come under contract in July.
Ms. Stoll stated that the funding
for the JABG program is being reduced in July
by 75 percent, which means fewer grants under
this program.
JUVENILE JUSTICE CRIME PREVENTION
ACT UPDATE (AGENDA ITEM L)
Field Representative Lynda Frost
stated that staff's primary focus these past few
months has been the preparation of the third annual
legislative report. After working with counties
to ensure that their expenditure and program data
were complete and accurate, staff prepared a draft
and submitted it to the Youth and Adult Correctional
Agency earlier this month. As required by law,
the report includes information about the local
planning process for the JJJCPA, program expenditures
and six statutorily mandated criminal justice
outcomes.
The local planning process is
spearheaded by a multi-agency juvenile justice
council chaired by the chief probation officer.
Council members, who typically meet monthly or
quarterly to review program progress, continue
to report a great deal of satisfaction with the
information sharing and improved service delivery
that results from this collaborative process.
In terms of program expenditures, the numbers
clearly demonstrate that the counties are making
a continued commitment to serve as many at-risk
youth and young offenders as possible in a cost-effective
way. In 2003-04, the 187 JJCPA programs served
just over 106,000 youth at a per capita cost of
$1,112 roughly. By way of comparison, the program
served about 7,300 fewer youth in the first year
of the JJCPA at a per capita cost of about $1,201,
or $89 more. The programs are actually serving
more kids at a lower cost per kid and the counties
are to be commended for that. The results for
the mandated outcomes continue to show that the
JJCPA programs are having a positive impact in
communities throughout California. As in past
years, a smaller percentage of juveniles receiving
JJCPA services have been arrested and a larger
percentage of those juveniles have completed probation,
restitution and court-ordered community service.
In addition, the report points out that in the
56 counties that participate in the JJCPA program,
the arrest rate per 100,000 juveniles dropped
again, nearly 6 percent. This comes on the heels
of an 8.5 percent drop in the previous year, and
a 5.4 percent reduction the year before that.
Those are some very good results. Once this report
is approved and goes through the process, it will
be posted on the BOC's website, distributed to
the chief probation officers and the JJCPA network.
In the meantime, staff will be working with counties
as they update their local comprehensive action
plans due to the Board on May 1.
Acting Chair Carruth noted that
in the Governor's budget it shows a 75 percent
reduction. There is approximately $200 million
that goes to local government generally know as
TANF (Temporary Assistance for Needy Families)
funds, even though this year it is General Fund
and there is $100 million here. There has been
a desire expressed by county probation departments
to quit living on the Tannif rollercoaster - maybe
they are going to get it, maybe they are not -
issuing layoff notices to their staff every year
and having staff and management go through that
drill. What has happened, as has been done in
many other cases where the state has stabilized
a funding strain, they discount that for the stabilization.
So they looked at these two pots as $300 million
and took 75 percent or 25 percent of it and basically
are saying what they will do is take "TANF
money" out of that annual rollercoaster of
maybe it is going to be funded at 100 percent
or maybe it is going to be funded at 0 percent.
Acting Chair Carruth stated he was providing this
information to the Board as background regarding
the reduction.
UPDATE ON INTENSIFIED FORMAT
TRAINING EVALUATION PROJECT (AGENDA ITEM M)
As background, Mr. Landberg referenced
the Board's action on January 2004, to lift the
50% cap on training obtained through the IFT model
to allow trainees to satisfy their annual training
requirement with 100% of IFT training. The removal
of the 50% cap was a result of the discontinuance
of local subvention funds. It was a specific recommendation,
among several, by an Executive Steering Committee
and Workgroup study aimed at finding ways to meet
standards in an era with no state funding.
Although the Board approved the
lifting of the IFT cap, it asked for follow-up
information regarding the quality of the format.
In response to this request, Board staff undertook
an evaluation project to answer the question:
Is the quality of Intensified Format Training
sufficient to satisfy 100% of an employee's training
requirement?
BOC research staff developed
three evaluation instruments specific to the IFT
delivery model. The instruments gathered information
from trainees, trainee supervisors and on-site
monitors. The results of the evaluations indicated
that the format is of sufficient quality for 100%
of the training requirement. Moreover, the IFT
is a cost effective model for agencies and also
eases scheduling difficulties. Mr. Landberg requested
that the Board take no further action regarding
this matter and let stand its decision of January
2004, to allow trainees to receive up to 100%
of their annual training requirement through the
IFT delivery model.
Mr. Gary Mann thanked Mr.
Landberg and Ms. Montgomery for their efforts.
NEXT SCHEDULED MEETING: MARCH
17, 2005 (AGENDA ITEM N)
Ms. Stoll announced that the
next scheduled meeting would be on March 17 in
Kern County at the Larry J. Rhoades Crossroads
facility.
Meeting adjourned at 10:45
a.m.
Respectfully submitted,
Barbara Tynes
Administrative Assistant
BOARD MEMBERS
Kevin Carruth, Acting Chair,
Youth and Adult Correctional Agency
John Dovey, Deputy Director, Department of Corrections
Walter Allen III, Director, Department of the
Youth Authority
William B. Kolender, Sheriff, San Diego County
Sheriff's Department
Gary W. Mann, Deputy Sheriff, Los Angeles County
Sheriff's Department
John L. Scott, Chief, Los Angeles County Sheriff's
Department (absent)
Donald R. Sheetz, President, Street Asset Management
Mimi H. Silbert, Ph.D., Executive Director,
Delancey Street Foundation (absent)
Zev Yaroslavsky, County Supervisor, Los Angeles
County Board of Supervisors (absent)
Calvin C. Remington, Chief Probation Officer,
Ventura County
BOARD STAFF
Karen L. Stoll, Executive
Officer (A)
Barbara Tynes, Administrative Assistant
Jerry Read, Deputy Director (A), FSOD
Shelley Montgomery, Deputy Director, STC
Lynda Frost, Field Representative
Marlon Yarber, Field Representative
Magi Work, Field Representative
Wayne Landberg, Field Representative
GUESTS
Don Allen, Board of Corrections
Doug Austin, Colusa County Sheriff's Office
Marg Bach, Department of Corrections
Geoff Banks, Santa Barbara County Sheriff's
Office
Virginia Barajas, Lake County Sheriff's Office
Bonita F. Barnes, Sacramento PAL/911
Susan Bellonzi, Orange County Sheriff's Department
Kacey Bouscal, Tuolumne County Sheriff's Department
Mike Bush, Board of Corrections
Joe Caruso, Contra Costa County Sheriff's Office
Dana Fredenda, Riverside County Sheriff's Department
J.P. Jones, Tuolumne County Sheriff's Department
Gary Kuntz, Calavares County Sheriff's Office
Kendra Lewis, 911 Foundation for Humanity
Susan Mallett, San Diego County Probation
Sean McDermott, Sonoma County Sheriff's Office
Rod Merydith, Placer County Sheriff's Department
Vince Monrsal, Lake County Sheriff's Office
Lynn Nehring, Orange County Sheriff's Department
Dave Pascoe, Contra Costa County Sheriff's Office
Jim Peterson, Santa Barbara County Sheriff's
Office
Craig Stover, San Diego County Probation
David Topaz, Sacramento Police Officers Association
Gary Steele, Sacramento County Probation
Bob Wellott, San Bernardino County Sheriff's
Office
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