State of MaineBoard of Corrections

Judicial Conference Presentation

October 20, 2009

Bangor, Maine

Factors contributing to the Birth of Maine’s Unified Corrections System:

• OVERCROWDING: (2007)– In DOC facilities reaches crisis levels

– Several county jails also in crisis while some counties have a surplus of beds

– Population trends clearly indicate the numbers will increase

– New construction considered by both to meet bed space needs

• COSTS: (2007)– On the rise for both State and County systems

– 3 year average - 5.7% increase in State spending, 9% for county jails

– Implications for property tax - $67 million in 2006 to a projected $148 million by 2015

Factors contributing to the Birth of Maine’s Unified Corrections System:

continued

• STATE POLITICS:(2008)– Governor John Baldacci announces Jail Consolidation

effort.– DOC Commissioner Martin Magnusson recommends

plan for State take over of county corrections. Legislation introduced.

• COUNTY POLITICS: (2008)– Counties oppose the State plan and introduce a separate

legislative proposal.• THE COMPROMISE: (2008)

– State and County delegates come together to develop a joint plan.

Public Law 2008 Chapter 653

An Act To Better Coordinate and Reduce the Cost of the Delivery of State and County Correctional

Services.

• Caps property tax spending on county jails at 2008 levels ($62.5 million); additional costs are the responsibility of the General Fund

• Creates 9 member Board of Corrections to oversee the new system.

• Establishes Investment Fund to manage future correctional spending.

• Requires the development of rules for downsizing, closure, and change of use of facilities as well as a certificate of need process for future construction.

Presentation Outline

• Composition/Organization of Board of Corrections

• Duties and Responsibilities

• Mission, Goals, Guiding Principles

• One Maine One System

• Accomplishments

• Challenges

Composition and Organization

Composition of the Board:

The board consists of 9 members who are appointed by the Governor and 7 of whom are confirmed by the Senate

• One member must be a sheriff

• One member must be a county commissioner

• Two members must be representatives of the executive branch and at least one of the 2 must be from the department

• One member must be a municipal official

• The remaining 4 members must be broadly representative of the public and the geographical regions of the State.

Board of Corrections Members

Neale Duffett, Chairman Public Member, Attorney Portland, ME

Tom Brown Public Member, Attorney Bangor, ME

Irving Faunce Municipal Official –Selectman Wilton, ME

Martha Freeman Director, State Planning Office Augusta, MEExecutive Branch

George Jabar, Attorney Sitting Cty Commissioner Waterville, MEKennebec County

Tim King Public Member Ellsworth, ME Exec. Director, WHCAA

Scott Story Sitting Sheriff Waldo Cty Belfast, ME

Martin Magnusson Commissioner, Dept of Corrections Augusta, MEExecutive Branch

Vacant Public Member Mental Health Field

Corrections Working Group

• State and county members• advise and assist the board in the ongoing

improvement of the unified correctional system.• consult with experts and stakeholders, including

but not limited to prosecutors, defense attorneys, judges, victim advocates, providers and advocates for persons with mental illness and other interested parties.

• reports to the board.

Focus Groups

• Budget• Inventory of Needs• Pretrial Services• Victim Services• Transportation• Mental Health and Substance Abuse• Medical/Pharmacy• Education• Technology

Department of Corrections support

• Administrative staffing for the board and expertise as requested by the board

• Serve as the fiscal agent for the board• Manage facility capacity and inmate placement.  

– the daily management of inmate bed space throughout the unified correctional system and

– the transfer of inmates between facilities. • A process for information sharing between the

correctional facilities and the county jails to include a daily reporting to the department by county jails

• The placement, housing and program development for inmates with mental illness within correctional facilities and county jails in accordance with standards adopted by the board.

Board of CorrectionsResponsibilities and Duties

Develop and implement a unified correctional system

– demonstrates sound fiscal management,– achieves efficiencies, – reduces recidivism and – ensures the safety and security of correctional staff,

inmates, visitors, volunteers and surrounding communities.

Develop State Goals

The board shall develop goals to guide the development of and evaluate the effectiveness of a unified correctional system. The goals must include benchmarks for performance in the following areas:

A.  Recidivism reduction;  

B.  Pretrial diversion; and

C.  Rate of incarceration.

Manage the cost of corrections

• Set and enforce yearly growth limits

• Develop reinvestment strategies to

improve services and reduce recidivism

• Establish boarding rates

Determine correctional facilities use and purpose

• Determine individual facility use and purpose including location of specialty units

• Review staffing levels

• The Board may downsize or close facilities or reassign services

Adopt treatment standards and policies

• Adopt standards for consistent systemwide pretrial, revocation and reentry policies

• Adopt standards for the treatment of inmates with mental illness

• Adopt policies for facilitating the performance of court ordered mental health evaluations

• Coordinate transportation of inmates

Certificate of Need

• review and may approve any future public or private construction projects

• establish a certificate of need process for this review

• adopt rules governing the procedures relating to the certificate of need process and financing alternatives

Administrative Duties

• Identify opportunities for and approve cost-saving agreements and efficiencies

• Consult with the Sentencing and Corrections Practices Coordinating Council

• Assist with accreditation of facilities• Administer the County Jail and Prisoner

Support Fund• Prepare and submit to the Governor a budget

for the Corrections Investment Fund• Review and approve County Corrections

operational budgets.

Other Responsibilities

• Receive and review recommendations from the Commissioner, the counties and the Corrections Work Group and others

• The Board does not have authority over inmate grievances, labor negotiations, or contracts

• Rulemaking authority • Appeals of board decisions limited to the

department or a county

Legislative Review

• The Criminal Justice and Public Safety Committee shall review the effectiveness of the board in fulfilling its purposes– Initially on April 1, 2009 and thereafter,– Annually by January 15th

Funding and Finance

Investment Fund

The State Board of Corrections Investment Fund is established

amounts in the fund may be expended only to compensate county governments and the department for costs approved by the board and the Legislature

Property tax contribution capped at 2008 level

Sources of Fund

Any net county assessment revenue in excess of county jail appropriations in counties where jails or correctional services have been closed or downsized;

Any net county assessment revenue in excess of county jail expenditures in counties where changes in jail operations pursuant to board directives have reduced jail expenses;

Funds appropriated by the Legislature Money from any other source, whether public or private,

designated into or credited to the fund; and Interest earned or other investment income on Special

Revenue balances in the fund.

Jail FundingFY2010

Investment Fund

General Fund

Jail Surcharge

Community Corrections Act

Property Taxes

Of which, re-invested

Total

$3,500,000

$1,000,000

$5,700,000

$62,500,000

$ 1,700,000

$72,700,000

One Maine One System

Mission, Goals and Guiding Principles

MISSION

  The mission of the Board of Corrections is to design, guide and invest strategically in the development of a unified state and county corrections system and to sustain and manage the system in order to accomplish the following goals:

Goals

• Reduces recidivism;  

• Increases pretrial diversion and post conviction release; 

• Reduces the rate and use of incarceration;  

• Achieves efficiencies; and 

• Reduces the rate of growth in the cost of corrections

Guiding Principles

• Reduces risk through the use of Evidence Based Practices and encourages sentencing in accordance with risk;

• Creates an integrated, regional system built on the strengths of the existing state and county facilities and services and is based on differentiated missions;

• Is a stewardship approach that manages and maintains the existing assets and resources for the maximum benefit and invests strategically to accomplish system goals;

Guiding Principles, cont

• Allows innovation, but is collaboratively based and recognizes that decisions about change and its management are shared;

• Creates incentives for us all to work together and promotes cohesion;

• Is consistent with the compromise enacted in Public Law 653;

• Incorporates the recommendations of the Corrections Alternatives Advisory Committee and the two plans developed by the state and the counties;

Guiding Principles, cont

• Meets the system’s needs for risk management and security housing; and

• Works in concert with other policy makers including the Legislature, the Judiciary and the Sentencing Council.

• Involves and includes local stakeholders including prosecutors, local law enforcement, and others

Objectives 

• Mission Change: Develop a plan for every correctional facility & county jail use and purpose within the adopted unified correctional system design;

• Program Improvements: Adopt consistent statewide standards and policies,

• Achieve Efficiencies: Develop a method to manage the cost of corrections and to achieve systemic cost savings and invest these savings strategically

Correctional Service Delivery System

How do we incorporate the existing state and county facilities

and programs into a systems approach?

Service Catchment Categories

Community and court based services

• Services that are community based: arrests, bail, court appearances, probation

• Services that allow an offender to retain community, employment, treatment and family connections; primarily lower risk offenders

• Examples: Short term holding facilities; diversion programs; alternatives to incarceration; short sentences, revocation centers, day reporting

Probation Services

• Services that are accessible to courts and community services

• Allow for consistent risk based supervision and case management

• Leadership in risk assessment, case management

• Support reentry and alternatives to incarceration

Reentry Services

• Services that support successful return to community, employment, family, treatment

• High risk offenders

• Access to supportive community services and resources

• Structured supervision

Long Sentenced Offenders Specialized Interventions

• Services that provide appropriate security levels (medium security and higher) and programs for offenders with sentences of 9 months or longer

• Specialized treatment and transition programs for high risk offenders, sex offenders and substance abuse treatment

• Specialized interventions for female offenders, cultural approaches

Acute/High Risk

• Services that provide appropriate security level for high risk offenders (sentenced and pretrial)

• Services that provide appropriate treatment or intervention for acute needs (infirmary, inpatient mental health)

Recommended New System

Four Correctional Services Regions(based on aggregates of Judicial Districts)

• 12 TO 72 Hour holding facilities as necessary based on need/cost/ benefit

• Pretrial Facilities (Pretrial & Sentences of 90 days or less)

• Full service jails (adult male/female, all classification, pretrial, & sentences up to 9 months)

• Pretrial and Alternative Sentencing Programs• Community Corrections/Probation Services• Reentry Centers/work release• Victim Services

Implementation Priorities and Timeline

How does the Board develop its plan for implementing the system

design?

We cannot do it all, at once, everywhere

Phase 1Cost Reduction and Slowing the Growth in CostsJuly 1, 2009 – June 30, 2010

• County Jail Mission changes: pretrial • Statutory changes• Create director for pretrial/diversion/reentry• Investment of pretrial $; access federal assistance• Policy development for pretrial and home release• Pretrial services based on 4 regional contracts• Pilot reentry center• Transportation HUBS• Performance measurement

Phase 2Achieving Greater Efficiencies and Reducing the Growth in Costs July 1, 2010 – June 30, 2011

• Expand reentry services statewide

• Mission changes for remaining 3 reentry locations

• Policy development

• Investment decisions

Phase 3Improved Services and Systems of CareJuly 1, 2011 – June 30, 2012

• Create specialty units for mental health, Create specialty units for mental health, substance abusesubstance abuse

• Infirmary servicesInfirmary services

• Consistent medical servicesConsistent medical services

• Gender responsive programsGender responsive programs

• Culturally appropriate servicesCulturally appropriate services

Accomplishments

System Design

• System Design

• County Corrections Budget Review and Approval for FY10

• Mission Change Rule Adopted

• Mission changes in 3 counties – Oxford, Franklin and Waldo counties

• Reentry Center established

Administrative

• Process and Standards for Mission Change, Closing or Downsizing of a Correctional Facility or a County Jail

• Policy Development Process

• Warrant of commitment eliminated

Efficiencies

• Transportation Hubs

• Online Bed Availability System

• Joint contracting for pharmacy

• Joint contracting for medical

Legislative

• Home Release Monitoring Program

• Early Release of Terminally Ill or Severely Medically Incapacitated Prisoners

• Expanded victim notification to Class D crimes

Managing the Cost of Corrections

• Reduced the rate of growth

• Reinvested $1.7 million in mission change

• Created a common chart of accounts

• Pretrial Director and investment in pretrial services

• Eliminating boarding rates in 2011

• Avoiding costly new construction – 200 available beds

Benefits to Property Tax Payers

Property Tax Assessments, Including For Debt Payments

-

20,000,000

40,000,000

60,000,000

80,000,000

100,000,000

120,000,000

140,000,000

2008 2009 2010 2011 2012 2013 2014 2015

Old System Unified System

7 Year savings = $189 million

$0

$50

$100

$150

$200

$250

$300

FY2010 FY2011 FY2012 FY2013 FY2014 FY2015

Maine Adult Corrections SystemUnified System vs. Old System

Unified SystemFY10 Cost Avoidance: $13 million

Challenges and Opportunities for Collaboration

• Maximize efficiencies– Video arraignments

• Paperwork, coordination w/clerks and DA’s• Expansion of use to other types of hearings,

– Transportation to and from Court • Advance scheduling• Coordination of inmate movement w/Courts

Challenges and Opportunities for Collaboration

• Manage bed space– Alternative sentencing– Pretrial diversion

• Shaping the System– Counties no longer the service delivery area– Rubber on the road, Judges, Clerks etc.

involvement?

• How can we better serve the Courts?

Questions and Discussion

Thank you