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ARIZONA STATE LEGISLATURE
Forty-sixth Legislature – Second Regular Session
JOINT
SELECT COMMITTEE ON CORRECTIONS
Minutes of Meeting
House Hearing Room 4 -- 10:00 a.m.
Chairman Hanson called the meeting to order at 10:10 a.m. and attendance was noted by the secretary.
Senator Tim Bee Representative Meg Burton Cahill
Senator Robert Burns Betsey Bayless, Ex-Officio
Senator Robert Cannell Nicole Davis, Ex-Officio
Senator Jack Harper Dora Schriro, Ex-Officio
Senator Pete Rios Representative Phil Hanson, Chairman
Representative Jim Carruthers (excused) Representative Wally Straughn
Representative Bob Robson
Todd Sanders, Majority Research Analyst
Bruce Ringwald, General Manager, Construction Services, Department of Administration (ADOA)
Mike Smarik, Division Director, Support Services, Department of Corrections (ADC)
Jeff Hood, Division Director, Offender Operations, Department of Corrections (ADC)
Steve Ickes, Division Director, Programs, Arizona Department of Corrections (ADC)
Debra Caldwell, representing herself
Karen Sullivan, representing herself
Joe Masella, President, Arizona Correctional Peace Officers Association
Robert Blackmer, Chairman, American Federation of State, County and Municipal Employees (AFSCME)
Richard Bondon, Prison Reform Committee of the Unitarian Universalist Church
James Hamm, Middle Ground
Names of persons who did not speak (pages 11 and 12)
OPENING REMARKS:
Chairman Hanson recognized standing members of the Committee: Senators Rios and Bee and Representatives Burton Cahill and Carruthers. He welcomed new members: Senators Burns, Cannell and Harper, and Representatives Robson and Straughn. Ex-Officio members meeting with the Committee for the first time are Corrections Director Dora Schriro, Administration Director Betsey Bayless and Nicole Davis from the Governor’s Office.
Receive testimony from the Department of Administration (ADOA) regarding the construction schedule of prison beds previously authorized by the Legislature and from the Department of Corrections (ADC) regarding the actual and anticipated growth or decline in ADC’s inmate population. Make recommendations to the Legislature regarding the number and security level of new prison beds, including private prison facilities required to confine the projected number of new inmates. Review inmate recommendations to the Legislature regarding future prisons. Review private incarceration facilities sites pursuant to ARS 31-1609.02 and consider other matters relating to prison construction. The Committee may consider other matters relating to prison operations, including ADC’s policies and practices and may make recommendations to the Legislature. The Committee shall prepare a report of its recommendations and submit the report to the Governor, the President of the Senate and the Speaker of the House of Representatives by October 15 annually.
Chairman Hanson reminded Members that the statutes were changed in 2002 to increase legislative membership of this Committee and to add to the charge and purpose to give oversight to virtually everything that happens within the Department of Corrections. Prior to that time, the Committee was primarily responsible for growth and site selection.
Director Schriro advised that currently, there are 31,969 inmates confined in the Arizona prison system, of which 96 percent have a sentence to a term of years. She explained this means that at some point in time, when those years are served, these inmates will be released back to the communities. The Department is launching initiatives not only to protect communities now but to provide longer-lasting safety provisions when that large number of people is released to the communities.
Public Beds:
Bruce Ringwald, General Manager, Construction Services, Department of Administration (ADOA), updated Members on the 1,000 bed prison expansion made into law as a result of the Special Session in December, 2003. The purpose of the legislation was to build 1,000 level 1 prison beds. Various prisons were reviewed around the State and three locations were selected to make these expansions:
Perryville Vocation: 300 bed men’s prison unit and a 200 bed woman’s prison unit
Tucson: 300 bed men’s unit
Douglas: 200 bed unit
Mr. Ringwald explained these will be level 1, low security, prison units. Each unit will have two
buildings: a dormitory and a support building.
Chairman Hanson asked for an explanation of the term level.
Director Schriro explained that level 1 is the lowest of five custody levels. Level 5 is a combination of the most serious charges and the worst institutional conduct. These are people who represent a clear danger to the community as well as to others in the correctional system. She advised there have always been inmates in all five custody levels but the Department has not previously had level 1 housing.
Mr. Ringwald related ADOA was given a favorable review for the project and locations on March 26 by the Joint Committee on Capital Review (JCCR). Construction drawings were completed on April 22. Construction will start on May 17, with occupation in December, 2004. The projected level 1 cost is estimated to be $32,000 per bed, compared to $45,000-50,000 per bed for levels 2, 3 and 4 beds.
Private Beds:
Mike Smarik, Division Director, Support Services, Department of Corrections (ADC), gave a status report on new private beds:
· Arizona State Prison – Kingman:
ADC contracted with Management and Training Corporation to place 1,400 beds for offenders convicted of driving-under-the influence (DUI). A notice to proceed was issued on April 8. In August, 450 beds will be available for DUI inmates: 1,100 for level 2 inmates and 300 for level 3 inmates. In April 2005, the remaining 950 beds will be ready for occupancy.
· 1,000 in-state expansion beds :
Proposals have been received from two vendors. Public hearings are scheduled on May 11 for Eloy and May 12 for Florence. The contract will be ready for review by the Attorney General’s Office by June 1, with a notice of award later in June. Those 1,000 level 3 sex-offender beds will be available in March 2005.
Senator Burns brought up the issue of the 3,200 female beds and asked the status of that proposal. Mr. Smarik answered that ADC is not proceeding with that Request for Proposal (RFP) per negotiations discussed during Special Session.
Senator Burns queried whether there are any plans to proceed in the future. Mr. Smarik replied there are no plans to proceed at this point.
Senator Burns said he understands there might have been a misunderstanding as to what was agreed on during the Special Session between the Department and legislative leaders. He believes the Department agreed to take the bids off the table while legislative leaders agreed to take the bids off the table during the Special Session, but not forever. Mr. Smarik related that the Department’s position is not to proceed with those 3,200 beds.
Director Schriro stated that after negotiations in the Special Session, her understanding was that the footnote would remain but no action would be taken on those beds. The companies that had replied to the RFPs were advised that the RFPs were to be cancelled.
To that point, Senator Burns revealed that the Department had previously informed the Legislature these 3,200 female beds were needed. He asked the current situation of that need. Director Schriro thinks the female population rate can significantly be reduced by redoubling efforts in revocation prevention and improving recidivism outcomes. She noted there are sentencing discrepancies when female defendants go before the courts. Working with Representative Konopnicki and others on sentencing issues and redoubling efforts on the programming side will help the Department make better use of the female population space. She advised that efforts have already begun on implementing program changes.
Senator Cannell mentioned that he recollects that a reason presented in those discussions not to go forward with an all-women’s prison was because those women would be separated from their families.
Senator Cannell asked for clarification of the DUI and level 2 and 3 beds in Kingman. Director Schriro explained the custody level depends on the term of years imposed by the courts as well as institutional conduct. Most DUI offenders are a relatively easy group to manage, but if there is a propensity for violence in the criminal history of the offenders, a higher level of custody is sometimes warranted.
Senator Rios commented that he was part of the negotiating team during Special Session. His understanding was that the footnote would remain but the Department would not proceed with the 3,200-bed facility for women. He advised that comments were made at the time that a 3,200 facility would probably be the largest female facility in the nation and people did not want to do that.
Provisional Beds:
Jeff Hood, Division Director, Offender Operations, Department of Corrections (ADC), briefed Members on the provisional bed project that was part of December’s 2003 Special Session. A total of 2,100 provisional beds were approved for temporary placement of inmates in contracted facilities. In February, proposals were requested from Corrections Corporation of America (CCA) which runs the Diamondback correctional facility in Watonga, Oklahoma and from the GEO group that is contracted to manage the Reeves County Detention Center in Pecos, Texas. A contract was awarded to the CCA facility, and 150 of the first inmates were transported to Oklahoma on March 4. A contract was awarded to Reeves County and the first group of 55 inmates were transported on March 19. Transfers have continued to both facilities. Current population at the Oklahoma facility is 1,199. By May 20, the last of the inmates will be transported to Reeves County, bringing that total to 864.
Mr. Hood distributed information on Temporary Out-of-State Transfer of Inmates which is provided on the Department’s website (Attachment 1). He stated that even though a temporary transfer is intended, it presents problems and hardship for family members. The Department has taken steps to mitigate those concerns:
· Established a hotline for information and created a website. To date, 3,600 phone calls have been placed to the hotline. There have been over 6,000 inquiries to the website.
· Charter bus service to both those locations has been implemented at cost. Visitation has been scheduled to both facilities in late May.
· A video visitation capability is in the process of being set up.
· Favorable phone rates have been negotiated with the contractors so that telephone contact will not be over-burdensome. The contracted price with the vendor for the Oklahoma facility will be a $2 connection charge and 25 cents per minute. The agreement with the vendor for the Reeves facility is for a 45-cent connection fee and 45 cents per minute charge.
Mr. Hood said it is the Department’s intent to rotate those inmates back after they serve six months, based on their behavior, in order to minimize the effect on the families.
Chairman Hanson asked Mr. Hood to explain the guidelines the Department used in selecting the inmates that would be transported out of state. Mr. Hood explained that both facilities house level 2 and level 3 general-population inmates, and level 3 Mexican National inmates. The selection of those inmates was based on where there was most severe overcrowding in the level 2 and level 3 facilities.
In reply to Chairman Hanson, Mr. Hood advised that family connections and visitation were given prior consideration in the selection of inmates; however, given the volume of inmates being placed out of state, family connections and visitations have been limited. Consideration is given to inmates who volunteer to be placed out of state.
Chairman Hanson queried whether any visitors have signed up for the bus program. Mr. Hood replied he does not have a number yet. Both facilities have made arrangements to accommodate any visitors if they have prior notice.
Chairman Hanson noted that certain procedures have to be followed for visitation. He asked whether the out-of-state facilities accept the Department’s visitor approval list. Mr. Hood replied in the affirmative. He said they are complying with all of Arizona’s policies and regulations to include the approved visitation list.
Senator Rios asked the number of inmates who volunteered to be housed out of state. Mr. Hood said he does not have the number of volunteers but he can obtain that information. He pointed out there were volunteers who did not meet the criteria for transfer, either because of crime or medical limitations.
Senator Rios noted that one of the criteria that disqualifies an inmate is that he not be currently assigned to a Level C job assignment, and asked what a Level C job assignment is. Mr. Hood answered that it refers to a level of work clearance that allows an inmate to work in the community.
Senator Rios asked for the breakout of the out-of-state inmates. Mr. Hood answered that of the 1,200 inmates in Oklahoma, there are 120 level 3 foreign nationals, 480 level 3 general population and 600 level 2 general population. At the Reeves facility, when fully operational, there will be 288 level 2 general population inmates, 288 level 3 general population inmates, and 288 level 3 foreign national general population inmates.
Senator Burns asked the cost involved in the teleconferencing visitation project. Mr. Hood advised there is no cost to the families. The cost to the state is about $25,000.
Senator Burns queried whether that is a fixed cost. Mr. Hood replied the cost is intended to cover start-up equipment, lines and operational costs for one year.
Senator Burns questioned the high long-distance charges. Mr. Hood stated the phone contracts are between the vendor and the phone service provider in the area. The Department is continuing to work with the vendors to get those prices down.
Senator Burns asked who pays the long-distance charges. Mr. Hood advised the calls are collect, so the person receiving the call would have to agree to accept the call and be responsible for the payment of the charges.
Director Bayless asked whether the Lewis prison is now fully functional and fully staffed. Director Schriro replied that the facility still has the vacancies it had before the disturbance. She advised there was a small increase in vacancies immediately after the disturbance. Vacancies are about 20 percent but appear to be getting better.
Director Bayless asked whether the Lewis facility is full of inmates. Director Schriro replied in the affirmative. She said it is over its capacity.
Director Schriro advised she was involved in the development of the Parallel Universe initiative in the Missouri Department of Corrections. The concept of Parallel Universe recognizes that almost everyone in the prison system at some point in time is going to be released into the community, and that incarceration time presents the opportunity for pre-release preparation. The strategy is based on the notion that life inside prison should resemble life outside prison. The program provides the opportunity for inmates to acquire basic skill-building activities and habits, such as literacy, employability and sobriety, to help them become productive, law-abiding citizens. The Department’s program is a three-year initiative to improve correctional outcomes. Utilizing resources at all the complexes has been one of the Department’s concerns in this first year to meet the needs of the prison population.
Director Schriro distributed Department materials (Attachments 2 and 3) and two publications on the subject of Parallel Universe (Attachments 4 and 5).
Director Schriro related that the Department has improved its record-keeping and developed a new reporting format that will be distributed on a monthly basis (Attachment 6). She said this is an effort to be accountable to the Legislature in terms of the various activities levels and to show areas the Department needs to address to ensure positive correctional outcomes.
Director Schriro reviewed the Department’s four strategic issues that speak directly to the implementation of Parallel Universe:
· Improve public safety now to ensure the Department is finding and using all of the best correctional practices in the system.
· Improve public safety later by ensuring that the population is ready to re-enter society and remain crime-free.
· Recruitment, retention and recognition of staff to ensure they have all the needed training and supervisory support.
· Development of a viable victim-focused and victim-friendly Victim Services office. This presents the opportunity for the offender population, as it serves it time and pays its debt to society, to think about their criminal conduct on the victims’ community, and to redress the harm they have caused.
Director Schriro maintained the skill-building activities as well as the social skills of the program will ultimately give back to the community long-lasting public safety.
Chairman Hanson asked Director Schriro to compare Arizona’s recidivism rate with Missouri’s rate. Director Schriro advised that after five years of Parallel Universe being in place, Missouri has reduced its recidivism rate by about one-third. There is no universal definition of recidivism because of all the variables involved, so comparison between states is difficult. She believes the real measure of success is looking at the benchmarks that are in place now and seeing what improvements are made over time.
Chairman Hanson queried what the average inmate looks forward to when released. Director Schriro related that homelessness is one of the greatest challenge they face. In addition, there are some opportunities for employment; however, many are under-employed.
Representative Burton Cahill stated that the holistic approach she is hearing from the Director is a very good step in the right director for Arizona. She thanked Director Schriro for the work she is doing and said she is impressed with her philosophy. She believes the state is at a position to make some very positive changes for Arizona.
Chairman Hanson said while he was visiting the Apache Unit of the Winslow Unit, a prisoner on a work crew escaped. He said he had the opportunity of being informed of what was being done to apprehend the escapee. He applauded the Director and her very competent staff in that situation.
PROPOSED NEW PROGRAMS:
Chairman Hanson advised that Representative Konopnicki has been working very diligently for months with his group on alternative sentencing programs, but was not able to attend today’s meeting. His presentation will be on the next agenda.
Steve Ickes, Division Director, Programs, Arizona Department of Corrections (ADC), testified that the Department has implemented two significant pilot programs in the last six months:
· Prison to community transition program and a return to custody intensive treatment program, S.B. 1291:
The goal is to reduce relapse, revocation and recidivism for offenders coming out of prison as those first few weeks are critical to success. To participate in the program, offenders must have been convicted of a sentence for a non-violent substance abuse crime. Program involvement includes in-prison case management and transition classes such as housing, transportation, job search, community case-management services and mentoring by secular and faith-based organizations on release. It is projected that in the first year, up to 800 eligible offenders may receive these services and an early 90-day release date.
· Return to custody intensive treatment program:
The program seeks to keep offenders who are already in the community, in the community. The Department identifies technical violators who may positively respond to an intensive substance abuse program. If the offender fully completes the program, he will be considered for early reinstatement by the Board of Executive Clemency. Eligible offenders accepted in the program are required to successfully complete a five-week intensive substance abuse relapse prevention program. The program requires the offenders to earn their way out. The intent is to serve 200-300 individuals in fiscal year 2005
Mr. Ickes advised that a therapeutic community program was funded during the December Special Session, expected to open in early July at the Manzanita unit in Tucson. He said it is well documented in research that the more difficult offenders in a therapeutic community could result in a positive effect.
Mr. Ickes referred to H.B. 2646 sponsored by Representative Konopicki. If signed into law, H.B. 2646 extends the features of S.B. 1291 to the general prison population through a pilot project. This program also involves non-violent offenders and non-sex offenders. The program will be administered through a community-corrections program. The Department hopes these kinds of programs will form the basis for a solid service when inmates are released.
Chairman Hanson queried whether the programs are voluntary. Mr. Ickes explained the inmates have to be eligible to participate in the programs. In the return to custody treatment program, they have to admit to violations of their parole, sign a contract and agree to the conditions of the five-week intensive program. Only after completion of the program are they referred to the Board of Executive Clemency for review.
Chairman Hanson noted that the community transition program is being offered in two complexes. He asked whether there are plans to expand the program to other complexes. Mr. Ickes replied that it depends on the first-year results. He said these are promising programs that are supported by national research.
DISCUSSION:
Senator Burns requested the following items be placed on the next agenda for consideration:
· The possibility of privatization of the commissary.
· Review of the health care system within the Department. He said it would be beneficial to know the level of concern relative to communicable diseases within the system and what is in place to address that.
Chairman Hanson invited Members to suggest items for the agenda.
Senator Harper suggested that the Committee look at changing the construction standards for level 1 beds to see whether it is possible to go to tents for low-risk inmates.
Ms. Davis referred to Director Bayless’ question relating to changes at Lewis. She asked whether the 20 percent change refers to changes in staff or the inmate population. Director Schriro replied that it refers to staff.
PUBLIC COMMENT:
Debra Caldwell, representing herself, testified that on June 21, 2001, her 18-year old son was kidnapped, brutally assaulted and murdered. She advised that she formed the J. D. Caldwell Foundation in his memory and participates in various organizations for crime victims. She has attended several meetings with Director Schriro and others directly involved in crime victims’ services. She said she has grown to have a lot of respect and gratitude for the work Director Schriro and her staff have done in the short time she has been with the Department. She stated that victims have very little rights, and it is rare to be asked for input by an agency. The Office of Victims’ Services enables crime victims to seek information and attention. She thanked Director Schriro for being dedicated in making Arizona a safer place.
Karen Sullivan, representing herself, advised that she is a survivor of a sexual assault and is an advocate for victims’ rights and services. She thanked Director Schriro for the efforts she is taking to improve relations between the Department and victim services around the state. She related that in the past, it was difficult to find anyone to listen to her. She said she finds it refreshing to join and participate in the Victims’ Services planning meeting and to have her concerns, as a victim of a crime, listened to.
Senator Rios said the Committee has been hearing good and positive things about Director Schriro’s efforts and the work she has done as ADC Director, yet her confirmation in the State Senate is at a standstill. He asked whether this Committee will entertain a motion that a letter of recommendation be sent to Senate leadership. He suggested the following language: “That the Joint Select Committee on Corrections gives the Department of Corrections Director Dora Schriro a vote of confidence and strongly urges and recommends that the Arizona State Senate move forward expeditiously on her confirmation.”
Senator Burns pointed out investigations are continuing on the Lewis Prison incident. The Senate President is hopeful the reports of those investigations will become available soon so Senate Members will have the information prior to acting on the confirmation. He said he believes this Committee will be out of line proposing a recommendation at this point in time, since those investigations are not complete.
Senator Rios countered that if a Member or two are not comfortable with the language he proposed, it can be modified to state that a majority of the Members of this Committee give Dora Schriro a big vote of confidence. He maintained that if any Committee should take a position on this issue, it should be this Committee. He stated that Director Schriro’s performance to date has been exemplary, and he wants to give Members the opportunity to take action on this issue.
Chairman Hanson said he has been reminded this is not an item on the agenda and the Committee has to stay with the items listed on the agenda. He noted that Members of this Committee have the right to individually express their feelings about this issue to the Senate President.
Senator Burns stated this is not a confirmation hearing. That confirmation hearing will take place in the Judiciary Committee hearing in the Senate, and that is the proper place to discuss this matter.
Chairman Hanson again stated it is not the charge of this Committee to make any recommendation regarding the confirmation of Director Schriro.
Senator Cannell asked the Association’s reaction to the proposed budget increase of $1,000 per officer. Mr. Masella was emphatic in his response that the proposed increase is not enough. He said it is not even a cost of living raise for correctional officers, so the Association is not supporting the proposal.
In response to Senator Harper, Mr. Masella replied that morale has raised since Director Schriro came into office. He said the primary step to bring up morale for correctional officers will be a significant pay raise.
Robert Blackmer, Chairman, American Federation of State, County and Municipal Employees (AFSCME), said he would like to echo comments made by others. He stated that Director Schriro has given considerable access to labor organizations, allowing them to have a great amount of input, especially regarding the Lewis situation and the steps that are being taken. Listening to line-level staff is often the best source for finding out ways to improve the system. He stated the changes Director Schriro has made are very encouraging and can only make Arizona a safer place.
Richard Bondon, Prison Reform Committee of the Unitarian Universalist Church, testified that he retired from the Arizona Department of Corrections in 1988. The statistics in the monthly pamphlet the Director has put out can show how the Department is performing. He advised there are many prison reform splinter groups in the state. He asked the Director to deal with these groups, particularly the seniors who have a lot to offer in the way of prison reform. He said he is very pleased to see the state moving in a direction that will benefit not only inmates but the citizens of the state.
James Hamm, Middle Ground, advised he represents a prison reform organization formed in 1984. He related that he spent seventeen and one-half years in the prison system after pleading guilty to first-degree murder. He made comments on issues discussed today.
Mr. Hamm stated that if private prisons can improve the function of the corrections system in a cost-effective manner, they will be supported. Whether housed in private prisons or state-run institutions, prisoners will be coming back into society. The question is what to do with them while in custody becomes more important than many other issues. He thinks some of the issues raised about Parallel Universe are more important than where inmates are housed or how many beds are being built. He stated he and many of the prison reform people are very supportive of the new direction taken by Director Schriro to move toward level 1 housing. Prison reform people know that the critical issues have to do with what should be done with people while they are in prison. On the surface, he said everything proposed by Director Schriro with regard to Parallel Universe seems to be consistent with an improvement in public safety, in the organization of the Department, in correctional services and in the introduction of actual genuine corrections. He pointed out there are still some problems because there are not enough level 1 beds available now and not enough level 1 beds coming on line.
Mr. Hamm maintained there are serious difficulties in the Department of Corrections with regard to a number of issues. While it is important to recognize steps taken to reach out to the community with regard to the Victims’ Services program, steps have not been taken to reach out to the prison reform organizations. These organizations provide an opportunity for input directly to the Director, without being filtered by second-line personnel.
In response to Mr. Hamm’s observations, Director Schriro pointed out that several offices have been created to address the communications issue: Victims’ Services, Labor Relations and Constituent Services.
Persons who did not speak:
Marcia Harmon, Mothers Against Drunk Driving
Steven Miller, American Federation of State, County and Municipal Employees (AFSCME)
Without objection, the meeting adjourned at 12:10 p.m.
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Joanne
Bell, Committee Secretary
September 14, 2004
(Original minutes, attachments and
tape on file in the Chief Clerk’s Office)
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JOINT
SELECT COMMITTEE ON CORRECTIONS
12
May
7, 2004
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