Contracting Practices for Private Community Correctional Facilities, CDC

From the Introduction section of the Auditor's report:
In 1965, to provide needed housing, supervision, counseling, and other correctional programs for inmates committed to its institutions, state law authorized the department to establish, operate, and contract for "community correctional centers," commonly referred to as CCFs. The Community Correctional Facilities Administration, within the Institutions Division of the department, administers support functions, such as developing and processing CCF contracts. The department's Office of Contract Services also participates in contract matters, such as the administration of the original contract and any amendments.

Employee Disciplinary Procedures, CDC

From the Introduction section of the Auditor's report:
Recent studies criticized the department's process for handling employee disciplinary matters. For example, the Office of the Inspector General (inspector general)-an independent agency that reports directly to the governor and conducts audits, investigations, and special reviews of the State's youth and adult correctional agencies-criticized the department's handling of employee disciplinary matters in two reports dated October 2001 and March 2002. Furthermore, the department is currently involved in a number of employment-related lawsuits and appeals at the State Personnel Board (board). Concerns from the Legislature regarding the department's management and treatment of its employees and the legal expenses it incurs from employment-related matters led to the request for the current audit.

Seniority Assignments for Correctional Lieutenants and Sergeants

This procedure is not to be altered or revised without prior approval of the Youth and Adult Correctional Agency (YACA) Deputy Secretary of Labor (DSL). All disputes over this procedure will be reduced to writing and submitted to the DSL for resolution...

Plans to Build a New Condemned-Inmate Complex at CSP-San Quentin

From the Introduction section of the Auditor's report:
All men sentenced to death in California are sent to San Quentin to fulfill their sentence. Today, the department uses three different facilities at San Quentin to house the more than 600 male condemned inmates of whom it has custody, as Table 1 on the following page indicates. Each condemned inmate has his own cell within these facilities. (See Figure 2 on page 9 for an aerial view of San Quentin.) The original death row facility, located atop San Quentin's North Block facility, built in 1934, occupies the building's entire sixth floor. The department refers to this facility as North Segregation. The facility can house 68 condemned inmates and as of January 2004 was filled to capacity. The department houses only its most cooperative grade A condemned inmates in North Segregation because its design provides the most freedom of movement within the three facilities' housing and exercise areas. These inmates have access to an exercise yard on the building's roof.

Survey: California Dept of Corrections Pharmaceutical Expenditures

The survey revealed that despite a two percent decrease in inmate population between fiscal years 1999-00 and 2002-03, the pharmaceutical expenditures of the Department of Corrections increased 111 percent, from $63 million in 1999-00 to $133 million in 2002-03. During the same period, the national consumer price index for pharmaceutical drugs increased only 22 percent.

The Office of the Inspector General found that the department's pharmaceutical expenditures are also significantly higher than those of two prison systems comparable in size - the U.S. Bureau of Prisons and the Texas state prison system - and have increased at a much faster rate.

Management Review: Audit Functions of the CDC Office of Compliance

This report presents the results of a management review conducted by the Office of the Inspector General of the audit functions of the California Department of Corrections Office of Compliance. The review, which was performed under the Inspector General's oversight responsibilities under California Penal Code Section 6126, examined the management practices and administrative procedures of the units within the Office of Compliance that carry out performance, financial related, and information security audits. The review was conducted in February and March 2002. The Office of the Inspector General identified serious policy and operational deficiencies as a result of the review of the auditing activities of the Office of Compliance. The deficiencies require the attention of the California Department of Corrections.

Analysis of the 2002-03 Budget Bill

From the Introduction section of the Auditor's report:
The department now operates 33 institutions, including a central medical facility, a treatment center for narcotic addicts under civil commitment, and a substance abuse treatment facility for incarcerated felons. The CDC system also includes 12 reception centers to process newly committed prisoners; 16 community correctional facilities; 38 fire and conservation camps; the Richard A. McGee Correctional Training Center; 34 community reentry, restitution, and drug treatment programs; 136 parole offices; and 4 outpatient psychiatric services clinics.

Ongoing Fiscal Problems at the California Department of Corrections

From the Introduction section of the Auditor's report:
Of the department's more than 48,000 employees in fiscal year 2001-02, almost 23,000 were custody staff. Custody staff are directly responsible for inmate supervision, which often requires that positions be covered around the clock. These positions are generally filled by four classifications of employees: captains, lieutenants, sergeants, and correctional officers. In this report, we focus on the department's correctional officers for three reasons: (1) They make up about 85 percent of the department's custody staff; (2) they account for more than 80 percent of the custody staff overtime; and (3) theirs is the only custody classification covered by the State's labor agreement with the California Correctional Peace Officers Association (CCPOA).

Fiscal Practices and Internal Controls of the California Department of Corrections

From the Introduction section of the Auditor's report:
As the agency responsible for overseeing and managing California's 33 prisons (institutions), the California Department of Corrections (department) operates the largest prison system in the United States. For fiscal year 2001-02, the department projected that it would need 46,548 employees to fulfill its responsibilities. The department's mission is to control, care for, and treat men and women who are convicted of serious crimes or admitted to the State's civil narcotics program and who are then placed in the department's Institution, Health Care Services, or Community Correctional programs. The department is organized into four programs: Central Administration, Health Care Services, Community Correctional (Paroles), and Institution. Through the Institution Program, the department provides prison inmates with safe, secure detention facilities and necessary services, such as food, clothing, and medical care. As Figure 1 on the following page illustrates, costs for this program alone represent $3.5 billion, or roughly 73 percent, of the $4.8 billion that is the department's total approved budget from all funding sources for fiscal year 2001-02.

Review: Health Care Services Division

This report presents the results of a special review conducted by the Office of the Inspector General of the administrative process used by the California Department of Corrections for selecting and paying medical professionals who provide contracted services to inmates. The review was performed under the oversight authority assigned to the Office of the Inspector General in California Penal Code Section 6126. The review centered on the processes and controls employed statewide by the California Department of Corrections to procure and pay for contract medical services at the most effective and efficient rates. The review was performed at California Department of Corrections headquarters and state correctional institutions.

Audit: Inmate Appeal & Disciplinary Process, Salinas Valley (SVSP)

This report presents the results of the Office of the Inspector General's audit of the disciplinary process and procedures for handling inmate complaints at Salinas Valley State Prison. The audit was conducted during February 2000. In August 1999, the California Department of Corrections (CDC) formed a threat assessment team to assess the operations of the Salinas Valley State Prison (SVSP). The threat assessment was conducted at the request of then-Acting Warden Anthony A. Lamarque of SVSP over concerns about the possibility of a consipiracy by a gang or gangs to assault staff at the institution. The assessment also included an evaluation of general conditions affecting the overall operation of the state prison.

Utilizing Managed Care Practices, CDC

From the Results section of the Auditor's report:
The department is required to provide medically necessary health care to inmates. In 1992, the department established a health care services division, whose mission is to manage and deliver health care statewide to the inmate population consistent with adopted standards for quality and scope of services within a custodial environment. The health care services division oversees the delivery of medical, dental, and psychiatric services at the institutions. To accomplish its mission, the division operates four licensed hospitals, a skilled nursing facility, 16 correctional treatment centers (CTCs), and 12 outpatient housing units. Each licensed hospital provides 24-hour acute care services to patients who require a high level of care. These hospitals offer medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services...

Success for Supervisor Parity - AB 743

October 12, 1999

RE: Success for Supervisor Parity - AB 743

Dear Mr. Novey:

I am pleased to inform you that Governor Davis has signed Assembly Bill 743.

AB 743, which I authored, sets a policy in statute mandating that supervisors in the Department of Corrections, Youth Authority, Highway Patrol, and California Department of Forestry receive salary and benefits that are at least generally the economic equivalent to the salary and benefits granted to the employees they supervise. Within your organization, this means that correctional supervisors will be direct beneficiaries of CCPOA efforts on behalf of rank and file in negotiations or in any legislative matters affecting salary and/or benefits. In future years, this means no compaction of wages or benefits.

I was distressed to learn that supervisors, especially in the CDC and CYA, have suffered under "compaction" for so long. As you are aware, supervisors do not have collective bargaining in which to resolve the inequity. Instead, they have a meet and confer process that does not allow for equal participation and essentially confines supervisors to whatever package they are offered. Unfortunately, the State of California has failed to treat supervisors with parity to rank and file employees with whom they have negotiated improved contracts over the years. Recognizing the potential recruitment and retention issues and the lack of an equivalent bargaining process, legislation was the best means of correcting the inequity. Therefore, AB 743 applies business sensibility to the departments involved by saying that the State of California will provide for supervisors as it does for line officers. CCPOA sponsorship and work in support of AB 743 was essential to break the cycle of compaction.

Obviously, supervisors in safety positions, such as correctional sergeants, lieutenants, and their counterparts in the Youth Authority, are required to make split second decisions, under enormous pressure, that may have consequence to life and limb. Such responsibility should be recompensed accordingly. Moreover, there is a basic management principle that applies in both the private and public sector and it says that you should at least treat your supervisors equal to the rank and file employees.

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Success for Supervisor Parity -- AB 743
October 12, 1999
Page 2

CCPOA provides outstanding representation for your supervisors, as demonstrated by AB 743. Likewise, the Association ably balances its representation of supervisors with advocacy on behalf of rank and file officers. As a member of the Assembly Public Safety Committee, I have worked with CCPOA on a number of legislative measures and have always been impressed by the thorough, professional, and, most importantly, effective representation provided by the Association.

I have heard that another group has expressed interest in representing correctional supervisors. While I can only comment on representation witnessed and reputation of the CCPOA around the Capitol, I once again emphasize the commitment and effectiveness of the Association to bettering service for all corrections officers. Your sponsorship of AB 743 was certainly a testimonial to that service.

I look forward to working with you in the future.

Sincerely,
FRED KEELEY, Speaker pro Term
California State Assembly

BILL NUMBER: AB 743
CHAPTERED BILL TEXT - CHAPTER 792

FILED WITH SECRETARY OF STATE OCTOBER 10, 1999
APPROVED BY GOVERNOR OCTOBER 7, 1999
PASSED THE ASSEMBLY SEPTEMBER 10, 1999
PASSED THE SENATE SEPTEMBER 9, 1999
AMENDED IN SENATE SEPTEMBER 8, 1999
AMENDED IN SENATE AUGUST 16, 1999
AMENDED IN ASSEMBLY MAY 28, 1999
AMENDED IN ASSEMBLY MAY 13, 1999

INTRODUCED BY: Assembly Member Keeley
FEBRUARY 24, 1999

An act to add Section 19849.18 to the Government Code, relating to state employees, and declaring the urgency thereof, to take effect immediately.
 

LEGISLATIVE COUNSEL'S DIGEST

AB 743, Keeley. State employment: supervisors.
Under existing law, supervisory employees have the right to form, join, and participate in the activities of supervisory organizations of their own choosing for the purposes of representation on all matters of supervisory employer-employee relations.

This bill would provide that supervisors of state employees represented by State Bargaining Unit 5, 6, or 8 shall receive salary and benefits changes that are at least generally the economic equivalent to the salary and benefits granted to employees they supervise. The bill would require that the determination of the specific benefits that supervisors of state employees represented by State Bargaining Unit 5, 6, or 8 shall receive be made through a meet and confer process.

This bill would declare that it is to take effect immediately as an urgency statute.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 19849.18 is added to the Government Code to read:

19849.18. Supervisors of state employees represented by State Bargaining Unit 5, 6, or 8 shall receive salary and benefits changes that are at least generally equivalent to the salary and benefits granted to employees they supervise. For purposes of this section, "salary" means base pay and shall not be construed to include such forms of compensation as overtime. The benefit package shall be the economic equivalent, but the benefits need not be identical. The determination of the specific benefits that supervisors of state employees represented by State Bargaining Unit 5, 6, or 8 shall receive shall be made through a meet and confer process as defined in Section 3533.

SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order for the provisions of this act to be applicable as soon as possible, it is necessary that this act take effect immediately.

Prison Industry Authority: Outside Purchase of Goods & Services

From the Introduction section of the Auditor's report:
The California Penal Code, Section 2807(b), requires state agencies to purchase the PIA's products or the PIA can grant state agencies a waiver allowing them to purchase goods and services from other sources. The PIA can also sell its products and services to cities, counties, special districts, and public schools in the State, as well as to public agencies in other states whose laws permit it, federal agencies, and foreign governments and businesses. The CDC is the PIA's largest single customer. If the PIA cannot produce enough products or render services to meet demand, it purchases comparable finished goods and services from the private sector. The PIA calls this activity a "buyout." The PIA subsequently resells these items to its customers at its published prices. Buyouts frequently occur for the PIA's food, including bread and milk. From July 1994 through December 1997, the PIA purchased finished goods and services, including clothing, printing, and food items, 656 times from the private sector...

The Cost of Incarcerating Inmates in State-Run Prisons

Each fiscal year, the department calculates and publishes the amount of incarceration costs per inmate. The department's calculation focuses primarily on those operating costs directly related to housing and supporting inmates, such as food, clothing, health care, and inmate activities. For fiscal year 1996-97, the department calculated annual incarceration costs at $21,012 per inmate. We reviewed the department's calculation and found that, although it appropriately reflects many of the operating costs, it does not include all costs incurred by the State. When we included all of the costs, we found that annual incarceration costs were $24,807 per inmate for fiscal year 1996-97, $3,795 higher per inmate than the department's published figure. The total difference of costs to incarcerate inmates between the department's calculation and our estimate is $517 million....

Early Intervention Program - CDC, CYA and Dept of Mental Health

From the Introduction section of the Auditor's report: This is the second time we have reviewed a report the CDC and the CYA have prepared on the impact of early intervention. In July 1992, we cautioned readers to be wary of the results of a similar report. These two attempts to measure the effectiveness of early intervention have therefore been inconclusive. In view of this, it would be imprudent for the Legislature or the CDC and the CYA to rely on these reports in deciding the future of the Early Intervention Program....

Early Intervention Program - CDC, CYA and Dept of Mental Health

This is the second time we have reviewed a report the CDC and the CYA have prepared on the impact of early intervention. In July 1992, we cautioned readers to be wary of the results of a similar report. These two attempts to measure the effectiveness of early intervention have therefore been inconclusive. In view of this, it would be imprudent for the Legislature or the CDC and the CYA to rely on these reports in deciding the future of the Early Intervention Program....

Early Intervention Program - CDC, CYA and Dept of Mental Health

From the Introduction section of the Auditor's report:

This is the second time we have reviewed a report the CDC and the CYA have prepared on the impact of early intervention. In July 1992, we cautioned readers to be wary of the results of a similar report. These two attempts to measure the effectiveness of early intervention have therefore been inconclusive. In view of this, it would be imprudent for the Legislature or the CDC and the CYA to rely on these reports in deciding the future of the Early Intervention Program....