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Corrections Standards Authority Meeting Minutes
MINUTES
CORRECTIONS STANDARDS AUTHORITY MEETING
THURSDAY, JULY 12, 2007
600 BERCUT DRIVE
SACRAMENTO, CA 95814
(916) 445-5073
Meeting held at: Youth Leadership Academy, 3155 W. Justice Center Way, Orange, CA 92868
Mr. Scott Harris, Executive Director announced that we were having some technical difficulties with the equipment and only a limited amount of microphones available.
Mr. Harris introduced Ms. Collene Preciando, Chief Probation Officer of Orange County and Mr. Charlie Walters, Assistant Sheriff. Ms. Preciando welcomed everyone to the facility.
Mr. Walters welcomed the Board members and offered any assistance needed. Mr. Harris informed the Board members that the Youth Leadership Academy is a 120-bed facility that was completed in the summer of 2006 and a tour would be provided to those who would like one after the meeting.
Mr. James E. Tilton, Chairman of the Corrections Standards Authority (CSA), welcomed everyone and called the meeting to order at 9:30 a.m.
Chairman Tilton directed Ms. Yolanda Campos, Executive Assistant of CSA to take roll call. The following members were in attendance:
James Tilton Scott Kernan Bernard Warner
Robert Hernandez Gary Penrod William Powers
John Ingrassia Kim Petersen Carol Biondi
Pamala Gilyard Cleotha Adams Karrie Eckhardt
Travis Townsy Max Scott
ABSENCE OF BOARD MEMBERS
Ms. Campos announced the absences of board members and reasons as to their absence.
Mr. David Bacigalupo and Mr. Ed Prieto had prior scheduled vacation.
Ms. Linda Penner had prior commitments.
Ms. Mimi Silbert was ill.
Chairman Tilton asked for a motion to excuse the absence.
A motion to excuse the absence was made by
Mr. Gary Penrod and seconded by Mr. Scott Kernan.
The motion carried.
APPROVAL OF THE MINUTES OF THE MAY 10, 2007 CORRECTIONS STANDARDS AUTHORITY MEETING (AGENDA ITEM A)
Mr. James Tilton, Chairman asked for any corrections or additions to the minutes. Mr. Patrick Wilson, public member had requested that his question with a non-responsive answer from the Board be inserted in the minutes. The following will be inserted: Mr. Wilson asked if any former inmates are on any Executive Steering Committee, so it doesn’t get lost? Mr. Harris informed Mr. Wilson that questions are not taken from the public during the agenda items but comments can be given during the public comment section but if one of the members would like to ask the question they are more than welcome to. Mr. Wilson then stated that no one will ask the question.
There was no other discussion or change. Chairman Tilton asked for approval of the minutes with condition of change requested by Mr. Patrick Wilson.
A motion to adopt the minutes of the May 10, 2007, Corrections Standards Authority meeting with the condition of the change was made by Ms. Carol Biondi and seconded by
Mr. Scott Kernan. The motion carried.
SECRETAR TILTON’S UPDATE (AGENDA ITEM B)
Chairman Tilton updated the Board on Assembly Bill (AB) 900, his Confirmation Hearing, and Corrections Standards Authority’s (CSA) role and responsibilities.
Mr. Tilton stated he was very excited about accepting this position on a permanent basis. These are exciting times for not just California Department of Corrections and Rehabilitation (CDCR) but also for all of the State.
There are some challenges with AB 900. This bill is being described as a construction bill but this bill is a vehicle for changing how we move inmates into their communities and allow them to be more successful.
AB 900 authorizes roughly 53,000 beds; 13,000 for jails; 16,000 “infill” beds for prisons, this is not to increase the population but move inmates from gymnasiums and dayrooms so that they are housed in a more appropriate areas; 16,000 community re-entry beds, almost 30 communities have approached us in supporting this, if you are a community that likes this environment we are going to prioritize putting more resources into programs to those communities that step up and do re-entry. All the programs we put in place are going to be heavily researched so we do an assessment of the individuals to see how that program is working, and monitor it based on success. There are also 8,000 medical beds.
Mr. Penrod congratulated Mr. Tilton on his appointment and requested more information about local jails. Mr. Tilton had some concerns with the willingness of communities to participate but he has been going around the State talking to communities about AB 900 and there are some communities ready to sign up now. We are going to spend the next six weeks or more around the State talking about re-entry and what it takes, giving counties opportunity to participate. His view is that CSA needs to help with the criteria of the jails, how do we take those funds and distribute them. How do we maximize the funds for large and small counties. AB 900 is a partnership between the state and locals.
Mr. Penrod requested to discuss the clear role of the Executive Steering Committee (ESC) and CSA with regards to AB 900, where do you see it going, who is going to qualifying for money. Mr. Tilton responded that AB 900 demonstrates the capacity of putting programs in place. He suggested having Ms. Deborah Hysen, Chief Deputy Secretary of Facility Planning, Construction, and Management attend a Board meeting to clarify.
Ms. Biondi asked about the implementation of the Division of Juvenile Justice (DJJ) reform.
Mr. Warner stated that the Budget Conference Committee took action on juvenile realignment but the Legislative has not approved it yet. This would transition youth to locals as part to this there is construction money available. Ms. Biondi asked when the Board will learn about the details. Mr. Warner stated that we would know the details of the realignment once the Legislative takes action on it and goes to the Governor for approval. He is currently working with the Chief Probation Officers to put together a working group between the state and locals who will be developing some of the implementation strategy around this. Ms. Biondi noted that there is an advisory board, State Advisory Committee for Juvenile Justice and Delinquency (SACJJD) whose mandated role is to provide a three-year strategic plan and it sounds to her that what is happening is that SACJJD has not been involved in all of this and her concern is that detention will be encouraged instead of trying to find alternatives. Mr. Warner stated that more discussion in terms of the relationship of SACJJD and the Juvenile Justice Commission is needed but clearly there is overlapping of improving Evidence-Based Programs for juveniles, both at the state and local level. Mr. Warner recommended that once Legislative takes action and the Governor approves it discussion between the Juvenile Justice Commission and SACJJD should take place.
FEDERAL AND STATE CONSTRUCTION GRANTS INFORMATION ITEMS (AGENDA ITEM C)
Field Representative Leslie Heller presented this informational item advising the Board of ministerial staff decisions on state and federally funded construction projects by providing minor project changes such as minor scope changes and grant award changes. This delegation policy was approved by the Board in 1998 and requires a staff action to be documented and identified on information items at future meetings.
The remaining State funded construction project in Santa Clara has been completed. The three remaining federally funded construction projects (San Francisco, Sacramento, and Alameda) will be completed by the fall of 2007.
Ms. Heller was available to answer questions. There were no questions.
MINIMUM STANDARDS FOR LOCAL DETENTION FACILITIES (AGENDA ITEM D)
Mr. Don Allen, Field Representative provided the Board with an update of activities associated with the 2008 Adult Regulations Revision Process.
At its March 8, 2007 the Board directed Corrections Standards Authority (CSA) staff to begin the regulations review process for the Minimum Standards for Local Detention Facilities, Titles 15 and 24, California Code of Regulations. The Board appointed members Mr. John Ingrassia as chair and Mr. Cleo Adams as co-chair of the Executive Steering Committee (ESC) for this process and directed staff to work with the chair and co-chair to develop a list of recommended ESC members and a timeline for consideration at the May 2007 CSA meeting.
Staff met with the chair and co-chair to develop a strategy to review the regulations, review the proposed timeline, and to develop a list of names for the ESC. At its May 2007 meeting, the CSA approved the ESC membership and timeline for the revision process.
A letter was sent to the field and posted on the CSA website notifying interested parties of the revision process and requesting their suggestions for changes. We received 30 responses involving approximately 25 separate regulations.
On June 19th the ESC met and reviewed the Titles 15 and 24 regulations, focusing on those that were the subject of recommendations for revision from the field. The ESC identified regulations and issues where additional examination was warranted. They also identified four workgroups and recommended their composition. Those workgroups included management, health, minors in detention, and physical violence. The minutes of the meeting will be mailed this week to the ESC for review.
As directed by the ESC, staff is in the process of contacting proposed workgroup members in order to schedule a meeting date; tentatively we are looking at September 18th or 19th. The ESC will provide recommendations for final approval by this Board at the January 2008 CSA meeting.
Mr. Powers asked if a trend was seen in the 30 comments received suggesting changes.
Mr. Allen stated that there were no new suggestions for new regulations but there were 15 suggestions that either, clarify or clean up; resolve some conflicts in some of the regulations.
Ms. Biondi requested that CSA members receive the minutes of the ESC meeting. Mr. Allen stated that would be fine.
SACARMENTO COUNTY JUVENILE HALL SUITABILITY STATUS REPORT (AGENDA ITEM E)
Mr. Gary Wion, Deputy Director reported the status of the population at the Sacramento County Juvenile Hall. This Board is aware that staff is mandated to determine the “suitability” of all juvenile halls and has closely monitored the crowding and totality of conditions at the Sacramento County Juvenile Hall since January 2000.
Since the May Corrections Standards Authority (CSA) meeting, Sacramento County has maintained the population at the juvenile hall below the limits specified in the April 24, 2007 suitability plan (included in the agenda was a daily population graph for the months of May, June, and July).
Ms. Biondi asked if programs during school hours are occurring in line with the population.
Mr. Wion stated that they were. Mr. Tilton congratulated and commended Sacramento County for stepping up and putting effort in addressing the issues.
Mr. Brian Lee, Assistant Chief Probation Officer of the Sacramento County Probation gave a brief overview of what was discussed at the last meeting in regards to the detention risk assessment needs. In the last 11 weeks we have collected 300 samples of data and looked at our new detention risk assessment tool with our existing one. We notice that in 83 cases that were eligible for release on the condition of returning to court all came back except for only one child did not come back for their court hearing and that was just an error that was made and the child came back the next day. We will this process in place by the end of this month and are continuing training of our in-take staff training to implement this detention risk assessment tool.
EXECUTIVE STEERING COMMITTEE – AB 900 JAIL CONSTRUCTION FUDNING (AGENDA ITEM F)
Mr. Robert Takeshta, Deputy Director requested the Board’s approval of the Jail Construction Executive Steering (ESC) Committee composition and provide the current status of the funding process and convening of the ESC.
At its May 2007 meeting, the Corrections Standards Authority (CSA) Board authorized an ESC in response to the Assembly Bill (AB) 900. Sheriff Gary Penrod was appointed as chair and Sheriff Ed Prieto as co-chair to the Jail Construction ESC. CSA staff was directed to work with the chair and co-chair to develop a list of recommended members for the ESC, staff was authorized to coordinate a special board session so that the CSA Board could take action on the composition of the ESC. However this special board session was not convened due to the further developments. The progress thus far is: Staff worked with the chair and co-chair to compile the potential membership, and is providing a list of recommended ESC members for board action; staff has been involved with other State entities (State Public Works Board and the Governor’s Facilities Strike Team) to understand potential barriers for implementing AB 900; staff has met twice with the chair and co-chair, discussing key issues that outline the framework that needs to be in place before convening the ESC. A target date for the ESC meeting has not yet been set.
Staff recommends the approval of the composition of the ESC and that staff be directed to provide a progress update on developments in the jail construction funding process to the Board at the next regularly scheduled Board meeting.
The Board may want to consider inviting Chief Deputy Secretary Debra Hysen to provide an update of the progress of California Department of Corrections and Rehabilitation (CDCR) Reentry Office of Facilities Management.
Ms. Biondi asked if the waiver allows this committee to go out and identify the top people in the field to design of these facilities. There are people who are experts and have the skills in construction who may be able to assist in the process. Mr. Tilton stated that that may be a suggestion so that we don’t have to start from scratch for each facility. This will help us by giving us ideas and help choose from various designs that may even help lower the cost of construction. Mr. Tilton stated that these workshops that we talked about earlier are valuable for us to get feed-back on the criteria of the process. We would like to ask counties that have done a good job to have workshops on how they bring all these interest groups together and are succeeding.
Mr. Townsy asked Mr. Tilton if there was a tentative timeline. Mr. Tilton stated that there is a schedule of these workshops that CSA staff can share with the Board. Mr. Tilton encouraged Board members to participate in these workshops.
Mr. Powers asked if the Board is being asked to approve the each of the ESC members individually or are we approving the composition of the representation. Mr. Takeshta replied that the staff is asking for approval by name. Mr. Penrod thanked CSA staff for the hard work.
A motion to approve staff recommendations was made by
Mr. William Powers and seconded by Mr. Cleo Adams.
The motion carried.
REVISIONS TO THE STC PROGRAM’S POLICY AND PROCEDURES MANUAL (AGENDA ITEM G)
Mr. John Prince, Field Representative stated that this agenda item reports on revisions to the Standards and Training for Corrections (STC) program’s Policy and Procedures Manual for Participating Departments and asks for approval of those revisions.
In fiscal year 2006/07, $19.450 million in local training subvention funds were restored to local corrections agencies after having been diverted to the general fund for three years. As a result, STC staff has revised the Policy and Procedures Manual for Participating Departments to reflect the return of funding.
In addition to the revised language regarding the return of subvention funds, staff is also recommending that agency department heads be given the ability to establish equivalency for completion of the Manager/Administrator Core Course (MAAC) for individuals who are hired or promoted to a manager/administrator position and have a prior history of management/administrative entry level training. Upon declaration of the department head and review and approval by STC staff, the equivalency would be granted and the individual would not be required to attend the MAAC. (The added language reflecting this change is on page 5 of Attachment A.)
Staff recommends that the Board adopt the changes to the STC Policies and Procedures as recommended by staff.
Ms. Biondi asked if the MAAC core course includes the Juvenile Corrections Officers.
Mr. Prince stated that it is included. Ms. Biondi asked what the numbers are in regards to those who are called to serve in the military. Mr. Prince does not have that information. Mr. Tilton stated that the number is small.
Mr. Penrod asked about the Noncompliance section (page 3 of the revisions) as to why the third-year non-compliance was not put in the second-year non-compliance, this seems to be too generous. If they are not in compliance they are removed for one year, so if they are funded for two years and not for one, then they can come back and get funded again and if still not compliance they go back. Mr. Prince stated the intent was to reinstate these programs as it originally was prior to the reentry funds being removed. If the Board chose to change one of these, the ESC could go back and look at it. Mr. Penrod stated that if we fund them then they are out of compliance then we fund them again, then we could fund them for three years and they could be out of compliance for four years. Mr. Prince clarified the difference between the first year and the second year, if you are out of compliance the first year then the department would have to do some training, if they failed the second year, the money would be given proactively instead of automatically. A Field Representative would be assigned to monitor that program and make recommendations to the Board. It is in their best interest to be in compliance.
Mr. Harris asked Mr. Prince if he could provide historically information, has there ever been a problem with agencies that did have suspension of funding for not being in compliance.
Mr. Prince stated that when the program first began in 1987 that number was approximately
13-14 out of compliance, obviously because it was the first year. When the program was clearly in operation in 2000-2001 there weren’t very many out of compliance, approximately 1-2. Agencies don’t like to be out of compliance because it is public record. This year we really don’t know where that number is going to be, there hasn’t been any money for two years, so there may be some problems.
Mr. Tilton recommended for Mr. Prince to come back with statistics. Mr. Prince stated that STC is currently out doing their annual reviews and would recommend to wait for the results.
Mr. Penrod asked Mr. Tilton if we could approve all the staff recommendations but modify to the section on the noncompliance and return back in November for approval.
A motion to approve staff recommendations with exception of the Non-Compliance Section was made by
Mr. Scott Kernan and seconded by Mr. Bernard Warner.
The motion carried.
LEGISLATIVE UPDATE (AGENDA ITEM H)
Ms. Leslie Heller, Field Representative provided a brief legislative update. These bills focus in the arena of local jails inmate population management. Both of these bills are in the legislative process and have not been signed to law.
The Senate Bill (SB) 718 authored by Senator Scott involves the use of inmate welfare funds for a specified purpose. Existing law provides that the sheriff of each county may maintain an inmate welfare fund to be kept in the treasury of the county into which profit from a store operated in connection with the county jail, 10% of all gross sales of inmate hobby craft, and any rebates or commissions received from a telephone company as specified, is required to be deposited. This bill would additionally create a pilot program which would authorize the sheriff of specified counties to expend money from the inmate welfare fund for the purpose of assisting indigent inmates, after release, with the reentry process, as specified. The counties that are specified in the pilot project are Alameda, Los Angeles, Orange, Sacramento, San Francisco, San Diego, Santa Barbara, and Stanislaus.
The SB 864 is authored by Senator Cogdill involving local jails overcrowding. Existing law makes the county sheriffs the keepers of the county jails and regulates the keeping of persons in county jails. This bill would authorize a sheriff to house inmates in temporary jail or treatment facilities, as specified, if the county in which the sheriff has jurisdiction is experiencing certain overcrowding conditions.
PUBLIC COMMENTS (AGENDA ITEM I)
Mr. Scott Harris, Executive Director informed the public if they wish to address the Board they may do so during the Public Comments period. Comments are limited to ten minutes.
Mr. Patrick Wilson asked to speak. Mr. Wilson submitted a handout entitled “The Roadmap to Nowhere” in response Petition 29 that the Expert Panel on Adult Offender and Recidivism Reduction Programming submitted to the California Legislature. Believing themselves to be experts, the panel’s report is a typical display of institutional illusions (ideological conclusions) to address the criminal justice system’s dysfunction they have only observed. There are three deceptions; the first is that law is whatever the Legislature passes, the second is that obedience to the law – whatever the law is, and third is that our government (people we work for) are supreme with restriction over all of us. There is no mention of the judiciary’s failure to require the state to make its laws and policies substantially consistent with moral constitutional standards or its effect on public attitudes towards obeying its law.
Mr. Shawn Small, Division Director, Youth Leadership Academy requested to speak. Mr. Small stated that this month marks a year since this facility has been open. This facility is the fruits to the generous contribution of CSA with construction grants. Mr. Small introduced two young men who are currently in the program, Mr. Mark Cooper. and Mr. Andrew Cox who spoke a little about their experience at this facility. Mr. Andrew Cox. explained how he has been in and out of facilities with drugs and alcohol issues and since given the opportunity to attend this academy, he has felt remorseful of his actions and has realized how they have affected other people lives and is glad to have been given another chance. Mr. Mark Cooper also has had a troubled life and had no respect for authority by stealing and doing drugs. Since he has been at the academy he has been staying on track with some hope of a better life. Mr. Small stated that the facility decided to utilize a program for various ages, getting the parents re-involved, educating the parents of what the community has to offer, providing resources. As the youth get older it is more specific on providing life skills, independent living skills, and transitioning into the community.
Sergeant Chris Gold of California State Prison, Sacramento and CCSO member requested to speak. Sergeant Gold thanked the Board and expressed his appreciation for all they do.
The public was excused temporarily for a closed session per the Bagley-Keene Open Meeting Act, Section 11126 (e) (2) (A). The public was excused at 10:59 a.m.
Meeting reconvened at 11:51 a.m., no further business conducted.
An announcement was made informing everyone that the next CSA board meeting is scheduled for Thursday, September 13, 2007 at 9:30 a.m. in Sacramento.
Meeting adjourned at 11:52 a.m.
Respectfully submitted,
Originally signed by
YOLANDA CAMPOS
Executive Assistant
Corrections Standards Authority
ROSTER OF PERSONS IN ATTENDANCE
CSA Board Members
James E. Tilton, CDCR Secretary
Scott Kernan, CDCR, Adult Offenders
Bernard Warner, CDCR, Juvenile Offenders
Robert Hernandez, CDCR, Subordinate Officer
Gary Penrod, Sheriff, San Bernardino County
William Powers, County Supervisor
John Ingrassia, Local Detention Facility
Kim Petersen, Public Member, Represents Interests of Crime Victims
Carol Biondi, Public Member
Pamala Gilyard, Rank & File Representative, Juvenile Probation Officer
Cleo Adams, Rank & File Representative, Deputy Sheriff
Karrie Eckhardt, Rank & File Representative, State Parole Officer
Travis Townsy, Rank & File Representative, State Adult Correctional Facility
Max Scott, Community-Based Youth Service Organization
CSA Staff
C. Scott Harris Jr., Executive Director
Bob Takeshta, Deputy Director, CFC
Gary Wion, Deputy Director, FSO
Leslie Heller, Field Representative
Don Allen, Field Representative
John Prince, Field Representative
Sukie Dhillon, Field Representative
Yolanda Campos, Executive Assistant
Tina Perez, IT
Guests
Bert Liebersbach, Monterey County Sheriff’s Department
Lynn Nehring, Orange County Sheriff’s Department
Jay Leflore, Orange County Sheriff’s Department
Charlie Walters, Orange County Sheriff’s Department
Collene Preciado, Orange County Probation Department
Shawn Small, Orange County Probation Department
Dana Fredendall, Riverside County Sheriff’s Department
Bill Diyorio, Riverside County Sheriff’s Department
Dan Ybarra, Riverside County Sheriff’s Department
Gary Steele, Sacramento County Probation Department
Brian Lee, Sacramento County Probation Department
Jon Marhoefer, San Bernardino County Sheriff’s Department
Dwight Brink, San Bernardino County Sheriff’s Department
Kevin Lacy, San Bernardino County Sheriff’s Department
Dan Pena, San Diego County Sheriff’s Department
Ed Schroeder, San Diego County Sheriff’s Department
Ken Culver, San Diego County Sheriff’s Department
Jenny Sams, Santa Barbara County Sheriff’s Department
Kelly Hamilton, Santa Barbara County Sheriff’s Department
Gary Stanton, Solano County Sheriff’s Department
Brent Morris, Ventura County Sheriff’s Department
Steve Szalary, CSSA
Cheryl Cereghino, CJPA Representative, Tulare County Sheriff’s Department
Chris Gold, CCSO
Patrick Wilson
Ron Taylor, Ommi Group Inc.
John Dietler, Retired CDC
Pat Dietler, Dietler Group
Douglas Woods, Department of Justice, Office of the Attorney General