Association of County Commissioners

83rd Annual Convention

“Between a Rock and a Hard Place”

“Between a Rock and a Hard Place”

What kinda rock? ADOC perspective FY2012 Budget Summary Highlight our solutions ADOC into the future

Alabama Department of Corrections 101

ADOC operates 29 major facilities Oldest

Draper Correctional Facility (1939)Tutwiler Prison for Women (1942)

NewestEasterling and Ventress Correctional Facilities (1990)Bibb Correctional Facility (1998)

Operating budget FY 2011 = $436,000,000 Approximately 26,400 inmates Approximately 4,000 employees

Finding these…

Providing ….

Stopping this…

And these….

Fixing this…

“Old” Kilby Correctional Facility erected in 1922

“New” Kilby Correctional Facility erected in 1969

FacilityDesigned Capacity

Current Population

Percentage of Capacity

Staton (1978) 508 1,378 271%

Bullock (1986) 639 1,325 207%

Easterling (1990) 652 1,355 208%

Ventress (1990) 650 1,660 255%

Bibb (1998) 918 1,931 210%

Busting through the Seams

Per Diem Cost for Inmate Healthcare in several State Prison Systems

$9.54 $9.88 $10.44$10.57$11.47$12.39

$17.12$17.14$18.01

$30.14

$0.00

$5.00

$10.00

$15.00

$20.00

$25.00

$30.00

$35.00

Identified

Building Envelope

Plumbing

Electrical

Mechanical (HVAC)

Critical Work

Security/Hardware

Life Safety

Needs in

Millions

12.4

14.0

2.1

11.2

15.6

18.3

7.7

After Land Sales and

ESCO 2013

7.0

5.5

2007 Needs Assessments

Capital Improvement Projects

Energy Performance Contracts Code of Alabama §41-16-140 Jump started with $21 million grant from Department

of Energy $100 million in energy conservation retrofits

Utility savings covers installation costs www.energyservicecoalition.org/chapters/al/AL

Land Sales Staton kitchen (Paul Watson Dining Facility) Added 300 beds at Limestone Pre-Release Added 550 beds at Decatur and Easterling General maintenance and roofing repairs

FY2012 Budget Summary

Annual Budgets FY10 – FY12 (Excludes Correctional Industries)

Revenues FY 10 FY 11Appropriation

FY 12General Fund 265.4$ 346.4$ 377.9$ Federal Funds 119.9$ 39.1$ -$ Misc Revenue 36.8$ 50.5$ 49.7$

422.1$ 436.0$ 427.6$

ExpensesSalaries/Benefits 244.0$ 253.6$ 242.7$ Inmate Medical 94.4$ 98.9$ 102.8$ Leased Beds 10.4$ 8.9$ 5.8$ Inmate Food/Clothing 18.3$ 19.2$ 20.1$ Utilities 18.2$ 18.5$ 19.7$ Community Corrections 6.1$ 6.8$ 6.2$ Other 30.7$ 30.1$ 30.3$

422.1$ 436.0$ 427.6$

Annual Budgets FY10 – FY12 (Excludes Correctional Industries)

Revenues FY 10 FY 11Appropriation

FY 12General Fund 265.4$ 346.4$ 377.9$ Federal Funds 119.9$ 39.1$ -$ Misc Revenue 36.8$ 50.5$ 49.7$

422.1$ 436.0$ 427.6$

ExpensesSalaries/Benefits 244.0$ 253.6$ 242.7$ Inmate Medical 94.4$ 98.9$ 102.8$ Leased Beds 10.4$ 8.9$ 5.8$ Inmate Food/Clothing 18.3$ 19.2$ 20.1$ Utilities 18.2$ 18.5$ 19.7$ Community Corrections 6.1$ 6.8$ 6.2$ Other 30.7$ 30.1$ 30.3$

422.1$ 436.0$ 427.6$

Annual Budgets FY10 – FY12 (Excludes Correctional Industries)

Revenues FY 10 FY 11Appropriation

FY 12General Fund 265.4$ 346.4$ 377.9$ Federal Funds 119.9$ 39.1$ -$ Misc Revenue 36.8$ 50.5$ 49.7$

422.1$ 436.0$ 427.6$

ExpensesSalaries/Benefits 244.0$ 253.6$ 242.7$ Inmate Medical 94.4$ 98.9$ 102.8$ Leased Beds 10.4$ 8.9$ 5.8$ Inmate Food/Clothing 18.3$ 19.2$ 20.1$ Utilities 18.2$ 18.5$ 19.7$ Community Corrections 6.1$ 6.8$ 6.2$ Other 30.7$ 30.1$ 30.3$

422.1$ 436.0$ 427.6$

Cuts Required - FY 11 Actual to FY 12 Appropriated

• Salaries / Benefits -$10.9

• Inmate Healthcare +$3.9

• Leased Beds -$3.1

•Inmate Food / Clothing +$0.9

• Utilities +$1.2

• Community Corrections -$0.6

• Other +$0.2

Increased Benefit Cost passed on to EmployeesIncreased Overtime by $1 millionReduced Employees from 4,272 in March, 2011 to 4,034 by year end

Contract Escalation and Anticipated Population Growth

Reduction of Leased Beds at CECElimination of Leased Beds at Perry CountyAgreements to Increase Leased Beds in Counties

Inflation

Inflation

Reduction in Available Funds

Inflation

OUR solutions

Corrections and County Jail Housing Agreements

Who? Butler, Clarke, Clay, Crenshaw, Lowndes, Pickens and Sumter

What numbers? 365 beds budgeted for FY2012

Totaling $2 million ($15 per day/per inmate goes to county)

Why? Budget cuts !!!!!! Marginal costs are ABOUT $12 per day Serves as initial reception center before ADOC intake Relieves pressure of 30 day count in Barbour v. Thomas

ADOC must have communication to facilitate the removal of unhealthy inmates

County Jail Workers

Code of Alabama §14-6-3 stipulates who may be confined in the county jail State inmates are needed as dependable workers in

county jails

Code of Alabama §14-3-30, “the department shall determine where the inmate shall be taken…”

July 28, 2006 policy and procedure remain in effect

ADOC K9 Resources

Coverage divided into 8 areas Includes 7 drug detection K9s (soon to be 8)

Tracking teams Bibb, Elmore, Escambia, Jefferson, Limestone,

Montgomery and St. Clair

Drug detection Barbour, Bibb, Elmore, Escambia, Jefferson

Limestone and Montgomery

Community Corrections Opportunities Who?

45 counties with 34 total programs 2,799 inmates participating in 2010

192 inmates participating at conception in 2007 1,766 new diversions in 2010

1,108 diversions in 2006

How much? FY2012 appropriation = $6.2 million FY2011 spent (projected) = $6.8 million FY2010 spent = $6.1 million

9 out of our 10 best customers have CCP programs

This DID NOTDID NOT happen by accident County Jail Backlog > 30 days

15

111

6 10 13 15 21 13 8 12 11 3 12 3

179

1172412

14

709

-500

50100150200250300350400450500550600650700750800850900

Into the future

Brown v. Plata

Justice Kennedy (5-4 decision)

“This case arises from serious constitutional violations in California’s prison system. The violations have persisted

for years. They remain uncorrected.”

“This Court holds that the PLRA does authorize the relief afforded in this case and that the court-mandated

population limit is necessary to remedy the violation of prisoners’ constitutional rights.”

Not All Justices Agree

• “Today the Court affirms what is perhaps the most radical injunction issued by a court in our Nation’s history: an order requiring California to release the staggering number of 46,000 convicted criminals.”

• Justice SCALIA, with whom Justice THOMAS joins, dissenting.

28

Not All Justices Agree

The decree in this case is a perfect example of what the Prison Litigation Reform Act of 1995 (PLRA), 110 Stat. 1321–66, was enacted to

prevent.

The Constitution does not give federal judges the authority to run state penal systems. Decisions regarding state prisons have profound public

safety and financial implications, and the States are generally free to make these decisions as

they choose. See Turner v. Safley, 482 U. S. 78, 85 (1987).

Huntsville Times, June 21, 2011

Written by Bob Lowery

“Alabama Chief Justice Sue Bell Cobb and two key Republican lawmakers warn that the

Legislature’s failure to pass a sentencing reform package could lead to a federal court takeover

of the State’s overcrowded prison system.”

What COULD HAVE Been…

Key bills in failed sentencing reform package

“Class D”-New felony classification for low-level property and drug offenses Minimum of one year and maximum of three year sentences

New schedule for drug crimes and revision of quantity thresholds for marijuana violations

Distinguishes between low-level drug users and career criminals Raise the amount for trafficking from 2.2 pounds to 5 pounds

Inmates eligible for supervised parole 180 days before the end of his/her sentence…3000 released?????

Tailor-made probation program for moderate to high-risk offenders Increase the monitoring level for those deemed more likely to fail to live up to

their terms of probation

-Huntsville Times, June 21, 2011 article by Bob Lowery

“Prison overcrowding is so bad, we can't be afraid to talk about it.”

Senator Cam Ward, AlabasterBirmingham News, March 28, 2011