2009-10 Enacted Budget Gap-closing Plan – Public Protection

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Public Protection Initiatives

The Enacted Budget implements a number of initiatives that will better deploy our state’s public safety resources in order to help protect New Yorkers. These initiatives include reforming the Rockefeller Drug Laws to help end the cycle of addiction, closing underutilized prisons to save taxpayer money, and reforming our state’s sentencing structure.

Gap-closing Actions

• Close Three Prison Camps and Various Annexes.  To eliminate excess capacity in the prison system, the Department of Correctional Services (DOCS) will close three minimum-security camps – Pharsalia (located in Chenango County), Gabriels (located in Franklin County), and Mt. McGregor (located in Saratoga County). These facilities are currently at less than 27 percent of capacity. In addition, DOCS will close annexes at seven correctional facilities to further consolidate the system. These actions will result in a reduction of 465 positions. (2009-10 Savings: $22 million; 2010-11 Savings: $29 million)
  
• Sentencing Reform and Continuing Population Declines. The budget advances recommendations from the Commission on Sentencing Reform regarding a credit allowance time, intensive rehabilitation Shock programs coupled with early release, graduated sanctions for parolees, and the use of a risk and needs assessment tool to increase an offender’s chance for success in the community. These proposals, together with continued population declines, are expected to reduce the prison population by approximately 1,600 inmates without compromising public safety, allowing the Department to further consolidate facilities. (2009-10 Savings: $8 million; 2010-11 Savings: $30 million)
  
• Expand Uses of Criminal Justice Improvement Account. The budget uses available, recurring resources from mandatory surcharges on offenses and crime victim assistance fees to offset the General Fund cost for operations of the Crime Victims Board on an on-going basis and to provide one-time General Fund revenue. (2009-10 Savings: $13 million; 2010-11 Savings: $4 million)
  
• Eliminate Early Expansion of Mental Health Programs. Under the Special Housing Unit (SHU) Exclusion bill, the Department will open a new 100-bed Residential Mental Health Unit at the Marcy correctional facility. However, the budget eliminates plans for early compliance with the bill, and now delays the full implementation until the required 2011 deadline. This will result in a deferral of 388 additional DOCS positions. (2009-10 Savings: $11 million; 2010-11 Savings: $15 million)
  
• Eliminate Board of Prisoner Payments to Local Jails. The budget eliminates the $37.60 per diem payment to local jails for housing “state-ready” inmates and parole violators. The impact of these populations on local jails has significantly decreased, as a result of improved practices by DOCS and the Division of Parole, including better processes for reporting “state-ready” status, use of roving administrative law judges, and other measures. To ensure the state continues to move inmates from local jails to state prison in a timely manner, new legislation will require DOCS to provide a bed for the inmate within ten business days of being declared “state-ready,” except in instances where there are circumstances outside the Department’s control. If the ten-day requirement is not met, the Department will reimburse the county approximately $100 per day (retroactive to the first day) for housing that “state-ready” inmate in their jail. (2009-10 Savings: $10 million; 2010-11 Savings: $21 million)
  
• Reduce Aid to Local Criminal Justice Programs. Grants to communities for crime fighting and prevention activities are reduced 6 percent, with the exception of Operation IMPACT and Local Re-entry Task Forces. Support for local probation departments and community correction agencies is also decreased 6 percent, but the impact on county probation departments is partially mitigated by the positive impact of legislation to eliminate inappropriately long probation sentences.   Project INSPYRE will not be renewed. After these reductions, $128 million in General Fund support will be available for local criminal justice programs. (2009-10 Savings: $9 million; 2010-11 Savings: $9 million)
  
• Restructure State Police Fleet. As vehicles are replaced, the Division of State Police will reduce its use of more costly vehicle types, in favor of less costly, more fuel-efficient models.  (2009-10 Savings: $6 million; 2010-11 Savings: $1 million)
  
• Prioritize Homeland Security Spending. As a result of a review of potential initiatives to be funded from the state share of Federal homeland security funding, $5 million will be invested to support new priority projects of State agencies, which would otherwise have required General Fund support to proceed. (2009-10 Savings: $5 million; 2010-11 Savings: $5 million)
  
• Discontinue Prison Farm Operations. Farms at 12 correctional facilities are being closed in recognition that the usefulness of these programs as a vocational tool has diminished. The elimination of the farms will negate the need to replace large farm equipment and replenish other supplies. This will result in a reduction of 90 positions, of which 48 are non-security positions. (2009-10 Savings: $4 million; 2010-11 Savings: $4 million)
  
• Eliminate Road to Recovery.  Since its inception in 2002-03, this program has provided incarceration diversion programs and treatment options to multiple counties statewide.  A comparable amount of funding was provided in the Mental Health budget to address the needs of this population.  (2009-10 Savings: $4 million; 2010-11 Savings: $4 million)
  
• Offset Increased State Police Costs with Dedicated Revenue. The enacted budget maintains the State’s commitment to ensuring safety on roads and highways by forgoing reductions to state police member strength and instead offsetting those costs with dedicated revenues. To that end, the budget continues the use of cell surcharge revenue for State Police operations ($26 million) for two additional years, and increases the Motor Vehicle Law Enforcement fee that is assessed on each vehicle insurance policy, from $5 to $10 ($64 million). (2009-10 Savings: $74 million; 2010-11 Savings: $90 million)
  
• Increase Efficiencies in Security Staffing and Parole Supervision. DOCS will adjust the scheduling of its annual security staff training to limit the need for overtime replacements, and has reduced inmate movement between facilities from 5 days to 4 days per week. In addition, the Division of Parole will utilize a risk and needs tool to identify low-risk parolees and place them under a less intensive supervision program, and will restructure the level of supervision for parolees who have attended intensive rehabilitation programs and performed well. This will result in a reduction of 268 positions. (2009-10 Savings: $7 million; 2010-11 Savings: $9 million)
• Expand Medical Parole. Expands eligibility for the release of terminally and chronically ill inmates, while ensuring that persons convicted of murder in the first degree are barred from the program. These inmates not only require the most expensive medical care, but they also fill many of the available Regional Medical Unit beds in DOCS facilities. As a result, inmates suffering from a less serious illness must often be treated at outside hospitals, which is costly and presents a security risk. (2009-10 Savings: $2 million; 2010-11 Savings: $2 million)
  
• Invest to Implement Revenue Initiative – New License Plates.  The budget anticipates the issuance of new license plates, an initiative for which operating costs in DOCS must be incurred to manufacture the plates. (2009-10 Cost: $0; 2010-11 Cost: $16 million)
  
• DOCS Operating Savings.  The Department of Correctional Services anticipates achieving additional savings as a result of continuing controls on hiring and all types of non-personal service spending.  (2009-10 Savings: $28 million; 2010-11 Savings: $15 million)
  
• Other Criminal Justice Operating Efficiencies. Each criminal justice agency will undertake administrative actions to reduce the cost of their operations, including: eliminating nonessential administrative positions; making caseload-driven staffing reductions; continuing the hiring freeze; curtailing spending on vehicles, equipment, technology, and telecommunications; and eliminating low priority programs. (2009-10 Savings: $16 million; 2010-11 Savings: $20 million)
  
• Rockefeller Drug Law Reform Savings.   Legislation enacted with the budget will reform the Rockefeller Drug Laws by establishing a statutory, judicially implemented diversion program and eliminating mandatory minimum sentences for low-level drug offenses.  These changes are expected to reduce the DOCS inmate population, as drug offenders are diverted from prison to treatment.  Savings in the short-term are limited, but are expected to grow as additional consolidations are undertaken in future years.  (2009-10 Savings: $1 million; 2010-11 Savings: $7 million)
  
• Legislative Initiatives.  Action by the Legislature on the proposed budget resulted in the addition of several new initiatives, including an anti-gun program called Operation S.N.U.G ($4 million), pistol cameras for State Police ($500,000), facility improvements at the Oneida Training Center ($120,000) and additional support for the New York Defenders Association ($102,000).  (2009-10 Cost: $5 million; 2010-11 Cost: $0)