Corrections and Public Safety

The Governor’s Budget includes funding to support the various programs within the Youth and Adult Correctional Agency, Department of Justice, Office of Criminal Justice Planning, Commission on Peace Officer Standards and Training, Office of the Inspector General, and the California Highway Patrol. Funding for these programs will grow to approximately $8 billion and reflects a 2.2 percent increase over the revised 2000-01 Budget. The level of funding proposed for each of these agencies is shown in Figure CLE-1. Highlights of the more notable funding changes included in the Budget are described below.

The Secretary for the Youth and Adult Correctional Agency is responsible for providing day-to-day policy direction and broad administrative guidance to the departments that deliver youth and adult detention services, including the Department of Corrections, Board of Prison Terms, Department of the Youth Authority, Youthful Offender Parole Board, and the Board of Corrections. The Secretary also provides oversight for the Narcotic Addict Evaluation Authority and the Commission on Correctional Peace Officers Standards and Training. Funding for these programs will total approximately $5.4 billion in 2001-02. This amount reflects a five percent increase over the revised 2000-01 Budget.

The Department of Corrections (CDC) is responsible for the incarceration of convicted felons and the supervision of these felons after their release on parole. The CDC is responsible for providing safe and secure detention facilities and providing necessary support services to inmates, including food, clothing, academic and vocational training, and health care.

The CDC’s proposed Budget reflects an increase of 434 personnel years over the revised 2000-01 Budget, to meet projected inmate and parole population growth and other programmatic changes. This 0.9 percent growth includes a reduction of 785 vacant personnel years which have been reduced in noncustody and nonpublic safety areas of the Department.

The CDC’s inmate population is projected to increase from 162,846 on June 30, 2001, to 164,473 by June 30, 2002, an increase of 1,627 inmates, or 1 percent. These projections represent a slight reduction from the Department’s fall population projections and are consistent with recent trends in population growth. The parole population is projected to increase from 123,058 on June 30, 2001, to 126,316 by June 30, 2002, an increase of 3,258 parolees, or 2.6 percent (see Figure CLE-2). The Governor’s Budget proposes $4.8 billion and 46,548 personnel years for state operations and local assistance programs to accommodate these populations. This is an increase of $220.8 million and 434 personnel years over the revised 2000-01 Budget. In 2001-02, incarceration and parole services will be provided through 33 institutions, 11 reception centers, 38 camps, and 16 community correctional facilities.

California has an incarceration rate of 479 inmates per 100,000 population, compared to a nationwide rate of 426 inmates per 100,000, ranking it tenth among the 50 states, and third among the 10 most populous states (see Figure CLE-3). Adequate funding for State prison operations ensures the safety of not only the public but also the officers and staff who supervise and work with confined criminals.

Substance Abuse Treatment Program Expansion—The Budget includes $3.9 million and nine personnel years to implement a 500-bed therapeutic community substance abuse treatment program expansion, including community-based residential aftercare treatment for 50 percent of the program graduates.

Violence Control Pilot Program—The Budget proposes $8.4 million and 41 personnel years for security enhancements at CDC institutions. This includes $3.2 million to implement a Violence Control Pilot Program at one institution, intended to alter inmate behavior and reduce violence. This would be accomplished by separating violent from nonviolent inmates and encouraging violent inmates to change their behavior. The Budget also includes $5.2 million for equipment to enhance security at CDC institutions.

Increased Security for Condemned Inmates at San Quentin State Prison—The Budget contains $1.1 million and 18 personnel years to address the increasingly violent nature of condemned inmates held at San Quentin State Prison. This will increase the staff assigned to the condemned visiting program, as well as staff assigned to supervise inmates while inmates are exercising and eating. In the current year, the Department is redirecting existing resources to address this critical security issue.

Preventative Maintenance Program for Door Operating Systems—The Budget includes $58.3 million to repair or replace electromechanical security door operating systems at several institutions, and to establish a preventative maintenance program for these systems by funding 73 personnel years.

Expansion of Basic Correctional Officer Academy from 10 weeks to 16 weeks—The 2000 Budget Act appropriated $10 million to the CDC to address the costs associated with expanding the Basic Correctional Officer Academy from 10 weeks to 16 weeks. Of these funds, the Department proposes to utilize $2.4 million and 8 personnel years in 2000-01 and $6.3 million and 31 personnel years in 2001-02.

Expansion of Parole Agent Academy from 6 weeks to 10 weeks—The Budget provides $1.1 million and one personnel year to expand the Parole Agent Academy from 6 weeks to 10 weeks in accordance with the standards established by the Commission on Correctional Peace Officer Standards and Training.

Workers’ Compensation Shortfall—The Budget includes $10.9 million in 2000-01 and $21.8 million and two redirected personnel years in 2001-02 to provide resources for workers’ compensation costs and to perform fraud investigation for workers’ compensation claims.

Increased Budgeted Relief for Posted Positions—The Budget contains $16.2 million in 2000-01 and $28.2 million and 479 personnel years in 2001-02 to increase the budgeted relief factors for posted positions to allow employees in posted positions the opportunity to take off accrued time in a timely manner, reduce the liability for excess leave balances, and reduce staff overtime. By providing CDC resources to increase budgeted relief, it is anticipated that sick leave usage by employees in posted positions and expenditures related to workers’ compensation claims will be reduced.

Reducing Mentally Ill Parolee Recidivism—The Budget provides $2.8 million for psychotropic medication for the Parole Outpatient Clinics to provide mental health care to mentally ill parolees.

Medical Guarding and Transportation—The Budget includes $3.2 million in 2000-01 and $2.8 million and 49 personnel years in 2001-02 to provide resources to address increasing medical guarding and transportation costs. Over the past several years, the number of inmates requiring medical services has increased significantly, resulting in a commensurate increase in medical guarding and transportation costs.

Inmate Medical Services—The Budget includes $15.9 million and 153 personnel years to enhance the Department’s inmate health care system by establishing a reception center diagnostic program and by implementing various health care program improvements initially at four high security institutions. These changes include providing custody staff to improve inmate access to care, implementing a more comprehensive chronic care program, providing training to custody staff regarding access to care issues, and expanding the telemedicine/telepsychiatry program.

Mental Health Services Delivery System—The Budget includes an increase of $4.2 million and a reduction of 18 personnel years in 2000-01 and an augmentation of $16.0 million and 31 personnel years in 2001-02 to expand the Department’s mental health services program. Funding is also included to contract for health services at three institutions to enable the Department to reduce high vacancy rates for various clinical mental health classifications.

Medical and Psychiatric Supplies—The Budget includes $30.1 million in 2000-01 and $56.9 million in 2001-02 to accommodate actual and projected cost increases for pharmaceuticals and medical supplies.

Contract Medical—The Budget contains augmentations of $14.9 million in 2000-01 and $25.8 million in 2001-02 to address increased costs for contracted medical and psychiatric services.

Capital Outlay—The Budget proposes $92.7 million for 23 new projects and 11 continuing projects related to various security and infrastructure needs. For additional details, see the Capital Outlay Section.

The CDC expects to expend approximately $550.7 million in 2000-01 for incarceration and parole supervision of undocumented persons. Undocumented persons are estimated to comprise 12.6 percent of inmates in State prison and 17.6 percent of parolees in the state in 2001-02. The CDC costs in 2001-02 are estimated to grow to $555.6 million, an increase of 0.9 percent. In addition, the Department of the Youth Authority expects to expend approximately $20.5 million in both 2000-01 and 2001-02, resulting in a total State cost of $571.2 million in 2000-01 and $576.1 million in 2001-02, an overall increase of 0.9 percent between the two years.

For 2001-02, it is estimated that the State of California will receive approximately $189.2 million in federal State Criminal Alien Assistance Program (SCAAP) funding. At this level of funding, the State will be reimbursed for only 32.8 percent of the costs associated with the incarceration, parole supervision, and related debt service associated with the undocumented felon population, with $386.9 million in costs in excess of the level of federal reimbursements.

The Department of the Youth Authority protects the public from criminal activity of youthful offenders by housing wards committed to the Department by juvenile courts. In order to help these youthful offenders become productive California citizens, the Youth Authority provides education, training, and treatment services to the wards.

The Department projects an institution population of 7,140 youthful offenders by June 30, 2001, which is a decrease of 160 from the level anticipated in the 2000 Budget Act. The 2001-02 year-end institution population is expected to decrease by 165 wards, resulting in a June 30, 2002, population of 6,975.

The Youth Authority operates 11 institutions, including 2 reception center/clinics, 6 conservation camps (2 of which are institution-based camps), and 2 institution-to-parole transition programs (1 of which is a drug treatment program). The total Youth Authority design capacity is 6,762 beds, which includes institutions, camps, and contracted beds. As currently projected, ward crowding will be the lowest in more than a decade.

The Youth Authority supervises parolees through 16 offices located throughout the state. The parole population is projected to be 4,605 by June 30, 2001, and to decrease by 20 cases to 4,585 by June 30, 2002.

High Security Level Staffing—The Budget includes $549,000 and 12 personnel years to provide increased supervision and educational programming for wards who are among the most violent under the care of the Youth Authority.

Sex Offender Specialized Counseling—The Budget includes $2.8 million and six personnel years for 50 additional formal sex offender treatment beds and 35 parole transitional beds.

Internal Affairs Staffing Increase—The Budget provides an augmentation of $342,000 and three personnel years in the Internal Affairs Division to address increased internal investigations of alleged employee misconduct or violation of the law.

Mental Health Resources—The Budget provides $4.3 million and 19 personnel years to expand the Department’s mental health treatment program by 75 inpatient beds and 20 transitional parole beds, and to provide aftercare counseling for 350 parolees. This augmentation also funds a comprehensive assessment of the Department’s mental health services program and ward treatment needs.

Formal Substance Abuse and Aftercare Service Expansion—The Budget contains an increase of $720,000 for a 50-slot expansion of the Substance Abuse Treatment Program and 25 contracted aftercare beds.

Health Care Delivery Assessment Team—The Budget includes $392,000 to establish a team of experts from various health care fields to assess the quality of the medical, dental, and mental health services provided by the Department.

The Board of Corrections (BOC) is responsible for establishing standards for the construction and operation of local jails and juvenile detention facilities, compliance inspections, and employment standards and training for local corrections and probation personnel. In addition, BOC administers various correctional facility construction and juvenile justice local assistance grant programs.

Crime Prevention Act Administration—The Budget includes $275,000 for BOC to administer an additional year’s funding for the Crime Prevention Act of 2000. Under the Act, the BOC is responsible for approving local juvenile justice action plans.

Chapter 353, Statutes of 2000, the Crime Prevention Act of 2000, provided $242.6 million in 2000-01 for the Citizens’ Option for Public Safety (COPS) program and juvenile crime prevention programs. Under the COPS program, Chapter 353 required a minimum grant of $100,000 for each local law enforcement agency and more detailed reporting on program results. The COPS program supports local front-line law enforcement, sheriffs’ departments for jail construction and operations, and district attorneys for prosecution.

Under Chapter 353, county juvenile crime prevention programs will provide for a continuum of response to juvenile crime and delinquency to provide a swift, certain, and graduated response for at-risk youth and juvenile offenders. These new programs will be based on existing programs and approaches that are demonstrated to be effective in reducing delinquency and addressing juvenile crime and will include specific outcome measures that will allow proper evaluation of the success of the programs funded by Chapter 353.

Chapter 353, which sunsets July 1, 2002, provided funding only for 2000-01. The Budget proposes $242.6 million to extend funding through 2001-02, with $121.3 million for the COPS program and $121.3 million for local juvenile crime prevention programs.

The 2000 Budget Act provided $75 million in one-time funding for local law enforcement agencies to purchase high-technology equipment for crime prevention and suppression. The 2001-02 Budget proposes to provide a second year of funding for this program. Local agencies will receive a minimum allocation of $100,000 and an additional per-capita amount to purchase high technology equipment, such as mobile computers, radios, and video imaging equipment. Local agencies that choose to receive this funding must report how the funds provided through these grants were used and the effect of those uses on local public safety.

The Attorney General serves as the State’s primary legal representative and chief law enforcement officer and is responsible for ensuring that California’s laws are uniformly enforced.

For 2001-02, the Governor’s Budget proposes $596.8 million and 5,449 personnel years, including $158.9 million for Law Enforcement programs, $238 million for Legal Service programs, $151 million for the Criminal Justice Information System program, $13 million for the Gambling Control Division, and $7.2 million for the Firearms Division. The following major budget adjustments are proposed for the 2001-02 fiscal year:

California Methamphetamine Strategy (CALMS)—The Budget provides $10.5 million General Fund ($14 million full-year ongoing) to continue 106 personnel years in the CALMS program, in anticipation of the potential loss of federal funds. The CALMS program has been in operation since 1997, and since the program’s inception, significant quantities of illegal drugs and precursor chemicals have been confiscated and destroyed by CALMS agents.

Federal Habeas Corpus Workload—The Budget includes $2.4 million and 23 personnel years to address caseload in the Criminal Law Division related to federal capital and non-capital appeals by prisoners. This augmentation will ensure the resources necessary for DOJ to respond to federal capital habeas caseload in a timely manner as well as to address increased non-capital federal habeas caseload.

Responding to the State’s Energy Challenge—The Budget includes $2.4 million and seven personnel years in 2000-01 and $4 million and 15 personnel years in 2001-02 for the Department of Justice to assist in the evaluation and investigation of the energy industry in California. These efforts will assist in ensuring a reliable, economical supply of energy to California residents and businesses and will provide legal advice to decision-makers in their efforts to restore competitive markets and reliable energy supplies to California on a long-term basis.

Post-Conviction DNA Testing—The Budget includes $1.8 million and ten personnel years to implement Chapter 821, Statutes of 2000. Chapter 821 authorizes specified incarcerated felons to petition the court for the performance of a DNA test. These resources will enable the DOJ to represent the State in the portion of these matters that are not handled by local district attorneys, and to perform approximately half of the total number of tests anticipated to be granted.

Missing Persons DNA Data Bank—The Budget includes $2.9 million Missing Persons DNA Databank Fund and six personnel years to implement Chapter 822, Statutes of 2000, which provides for the comparison of DNA samples of missing persons against DNA samples taken from unidentified human remains. There are approximately 3,000 reported missing persons from California, and 2,100 unidentified remains, 150 of which are children. Chapter 822 requires that priority be given to cases involving missing children.

Applicant Processing Program—The Budget provides a one-time augmentation of $2.1 million Fingerprint Fees Account to purchase 51 additional Live Scan terminals for statewide placement in locations where applicants are either required to drive a significant distance to be fingerprinted, or where existing Live Scan terminals are experiencing backlogs due to high applicant demand.

Cal-Photo—The Budget includes $1.2 million General Fund and five personnel years to expand the Cal-Photo image index application pilot to ten additional law enforcement agencies and to provide for continued statewide expansion of the system, including connectivity with the Department of Motor Vehicles’ Drivers License Image application. The Cal-Photo project will enable law enforcement agencies to identify suspects quickly, to protect individuals who have had their identification stolen and used by criminals, and to provide photographic "lineups" for victims and witnesses of crime to more quickly identify offenders.

Elder Abuse Public Awareness Campaign—The Budget includes $2 million General Fund and one personnel year to implement Chapter 559, Statutes of 2000, which requires the Attorney General, in conjunction with the Health and Human Services Agency, to establish a statewide elder and dependent abuse awareness media campaign. The three-year campaign will utilize a wide array of communication tools with the goal of increasing the public’s awareness of elder abuse.

Sexual Predator Apprehension Teams—The Budget includes $2.8 million General Fund and 18 personnel years to create Sexual Predator Apprehension Teams in San Diego and Orange County. These teams provide statewide coordination and leadership in monitoring, tracking, and apprehending serious and high-risk sex offenders who are required to register under California’s Sex Offender Registration Program and who violate the law or conditions of their probation or parole. Combined with teams in Los Angeles, Fresno, San Francisco, and Sacramento, the San Diego and Orange County teams will provide statewide coverage to monitor the activities of California’s 86,000 registered sex offenders.

Firearms Dealer Inspections—The Budget provides $327,000 ($243,000 General Fund and $84,000 special fund) and four personnel years to increase the frequency of firearms dealer inspections from once every 3.5 years to once every 1.75 years to ensure compliance with State firearms laws and regulations.

Rape Kit Analysis—The Budget includes $5.3 million Reimbursements and 29 personnel years in 2000-01 and $13 million Reimbursements and 55 personnel years in 2001-02 to assist local law enforcement agencies with the development of DNA profiles for 18,000 unsolved sexual assault cases pursuant to the Administration’s $50 million DNA Rape Kit initiative funded in the 2000 Budget Act. The project includes the retrieval and submission of qualified samples by local law enforcement agencies, screening and profiling of the samples by the department and public and private laboratories, and comparison of the profiles with criminal information already in the database.

The mission of the Office of Criminal Justice Planning (OCJP) is to reduce crime and delinquency and lessen their adverse effects upon the victims of crime in California. The OCJP provides financial and technical assistance to State and local criminal justice and victim service agencies and community-based organizations. The Budget proposes $318.5 million and 160 personnel years to continue efforts to enhance victim services programs, improve the criminal justice system, and reduce crime in California.

Local Crime Laboratory Funding—The Budget includes a one-time augmentation of $30 million General Fund to be disbursed on a competitive basis to local law enforcement agencies for construction and for facilities and equipment upgrades of local crime labs.

High Technology Theft Apprehension and Prosecution Program and Identity Theft Funding—The Budget proposes an additional $7.6 million General Fund for the High Technology Theft Apprehension and Prosecution Program. This program provides resources for task forces that use specialized techniques to apprehend and prosecute individuals engaging in high technology crime. With this additional funding, the existing task forces will provide additional local law enforcement officers and agents, receive further high technology investigative and forensic training, purchase forensic equipment, and coordinate public awareness efforts with the high technology industry.

The Budget also includes $3.3 million General Fund to combat identity theft and fraud statewide. These funds will be provided to the High Technology Crime Task Forces to train law enforcement on identity theft; develop protocols to follow when handling identity theft crimes; enhance interagency, interregional, and interstate investigation efforts; coordinate with businesses and financial institutions; and improve public awareness and safety efforts.

War on Methamphetamine—The Budget includes an augmentation of $40 million General Fund ($25 million one-time) for disbursement to High Intensity Drug Trafficking Areas (HIDTAs) throughout the state. HIDTAs are multi-jurisdictional law enforcement collaboratives engaged in the effort to eliminate the production and distribution of illegal drugs in California. This local assistance augmentation will intensify the current efforts of California’s HIDTAs by providing additional resources to purchase specialized equipment for the enhancement of suppression activities, as well as funding to hire more investigators, agents, and prosecutors specializing in methamphetamine offenses.

The CHP protects motorists and ensures the safe and efficient flow of traffic on California’s highway system. Major priorities are enforcing traffic laws, relieving traffic congestion, eliminating driving under the influence, promoting seat belt use, regulating commercial vehicles for safety, reducing vehicle theft, ensuring safe transport of hazardous materials, and preventing the flow of drugs through California. More than 98,000 miles of California’s local streets, roads, and state highways—nearly two-thirds of all roads in the state—are within the CHP’s jurisdiction.

Traffic Congestion Relief—The Budget includes $8.9 million and 76 additional motorcycle officers to focus on traffic congestion relief during peak periods on the most congested freeways. This increase is in addition to the 96 motorcycle officers provided by the 2000 Budget Act for this effort. (The 2000 Budget Act also added 69 CHP officers for rural patrol). The total of 172 urban-based motorcycle officers will allow the CHP to adequately staff 15 operational areas on the highway system identified as having some of the most serious problems with recurring traffic congestion. These areas are located in the Sacramento region, the San Francisco Bay Area, the southern portion of the San Joaquin Valley, southern California (including Los Angeles, Ventura, Orange, and San Diego counties), and portions of the Inland Empire. The 76 officers will be trained and deployed by May 2002.

Racial Profiling—The Budget includes $7 million for grants to local law enforcement agencies that collect data on the race of persons stopped for traffic offenses. This represents the second year of funding for a $5 million program begun in the 2000 Budget Act. These grants serve as an incentive to local law enforcement agencies to collect this data.

Farm Labor Vehicle Safety Inspections—The Budget proposes $1.8 million and ten additional officers to expand farm labor vehicle inspection and safety certification statewide. (The 2000 Budget Act provided an initial ten officers for this effort.) Since the program’s inception in the Central Valley, the magnitude of the workload in that area has precluded expanding the program to other parts of the state as originally envisioned.

Motor Carrier Safety—The Budget includes $1.7 million and 16 positions to address increased workload in the Commercial Enforcement Program. CHP personnel inspect vehicles to prevent truck and bus accidents related to mechanical maintenance failures or driver training errors (with the benefit of lives saved) and reduce traffic congestion resulting from road closures due to these accidents.

El Protector Program—The Budget proposes to continue the pilot El Protector Program ($500,000 and six officers), which serves the Hispanic community and other groups of non-English speaking drivers with disproportionately high involvement in traffic accidents by providing traffic safety information through the non-English media, community groups, and schools.