Board of Corrections Meeting Minutes - May 19, 2005

BOARD OF CORRECTIONS MEETING
THURSDAY, May 19, 2005
600 BERCUT DRIVE
SACRAMENTO, CA

Roderick Hickman, Chairman of the Board of Corrections, called the meeting to order at 9:30 a.m. Chairman Hickman thanked Karen Stoll and her staff for the great job that they do on a continuing basis.

Chairman Hickman announced that Board Member William Kolender could not attend the meeting due to a conflict in his schedule. Mr. Kolender has a family situation that he had to attend to.

Chairman Hickman recognized Barbara Tynes for the great job that she does capturing the dialogue of the Board members during the meetings. He then asked her to call the role.

Chairman Hickman stated that Mr. Calvin Remington was in route to the meeting but was delayed due to traffic (Mr. Remington arrived at the meeting at 9:40 a.m.). For that reason, Chairman Hickman adjusted the agenda to have information items presented first.

Chairman Hickman said that Karen Stoll had worked with the Youth and Adult Correctional Agency on reorganization legislation, which was signed by Governor Schwarzenegger and that she had been a very intricate team player. He then asked her to stand while he presented her with a group photo of the YACA Administrators and two wardens that was taken at Folsom Prison on the day the reorganization legislation was signed by Governor Schwarzenegger. He told the audience that he also had a photo of Ms. Stoll and the Governor to present to her. Ms. Stoll thanked the Chair and indicated that she also wanted to recognize Board staff for their assistance and support of the reorganization and asked those present to stand and be recognized. Ms. Stoll and Mr. Allen also acknowledged that without Chairman Hickman's leadership the reorganization could not have occurred.

REPORT ON THE STATUS OF THE GOVERNOR'S REORGANIZATION PLAN FOR CORRECTIONS (AGENDA ITEM B)
Karen Stoll, Acting Executive Director, presented an update to the Board on the status of the reorganization of the agencies under the Youth and Adult Correctional Agency (YACA) and the impact on the current Board of Corrections. The final signed version of the legislation (SB 737) made modifications to the Governor's reorganization plan, which includes consolidating the youthful offender programs and services under a separate deputy secretary apart from the adult system; increasing oversight of key policy personnel at the state agency level; and establishing a new procedure for reviewing candidates for the warden position.

The Board of Corrections will be renamed the Corrections Standards Authority (CSA) and it will increase from 15 to 19 members. The additional members will include a public victims member, a manager of administration of a state correctional facility for adults, at least one manager or administrator of a state correctional facility for juveniles, and increases from two to four rank and file representatives. The Board's responsibilities related to local corrections remains unchanged, but commencing July 1, 2005, CSA assumes former C-POST responsibilities and will develop, approve and monitor standards for the selection and training of state correctional peace officer apprentices; develop, approve, and monitor standards for "advanced rank and file" and supervisory state correctional peace officer training programs; design and deliver training programs, conduct validation studies, and provide program support.

The Board's responsibilities related to local adult and juvenile detention facility standards and inspections remain unchanged. CSA will be responsible for establishing minimum standards for state and local correctional facilities by January 1, 2007, and review those standards biennially and make any appropriate revisions. The standards shall include, but not be limited to, the following: health and sanitary conditions, fire and life safety, security, rehabilitation programs, recreation, treatment of persons confined in state and local correctional facilities, and personnel training.
The Board's responsibilities related to local corrections remains unchanged, but commencing July 1, 2005, CSA assumes former C-POST responsibilities and will approve and monitor standards for the selection and training of state correctional peace officer apprentices; develop, approve, and monitor standards for "advanced rank and file" and supervisory state correctional peace officer training programs; design and deliver training programs, conduct validation studies, and provide program support.
The Board's responsibilities related to local adult and juvenile standards and inspections remains unchanged. CSA will be responsible for establishing minimum standards for state and local correctional facilities by January 1, 2007, and review those standards biennially and make any appropriate revisions. The standards shall include, but not be limited to, the following: health and sanitary conditions, fire and life safety, security, rehabilitation programs, recreation, treatment of persons confined in state and local correctional facilities, and personnel training.

In addition to those activities mentioned in SB 737, the Board will be assuming responsibility for the combining of the Adult and Juvenile Interstate Compact Programs currently operated in the Department of Corrections and the California Youth Authority (CYA); and have assumed responsibility for the CYA local assistance programs - Proud Parenting (18 programs), monitoring and grant administration for 64 youth centers and shelters funded from Propositions 86 and 12 and AB 2796.

APPROVAL OF THE MINUTES OF THE MARCH 17, 2005 BOARD OF CORRECTIONS MEETING (AGENDA ITEM A)
Chairman Hickman asked for a motion to adopt the minutes of the March 17, 2005 Board meeting, and asked if there were any corrections or additions to the minutes.

A motion to adopt the minutes of the March 17, 2005 Board of Corrections meeting was made by Mr. Michael Prizmich and seconded by Ms. Mimi Silbert. The motion carried.

REPORT ON LOCAL CORRECTIONS PARTICIPATION IN THE STC PROGRAM FOR FISCAL YEAR 2005-06 (AGENDA ITEM C)
Ron Jenkins, Field Representative, reported to the Board that one hundred percent of the agencies that participated in the Standards and Training for Corrections (STC) Program in fiscal year 2004-2005 have elected to continue in the Program for fiscal year 2005-2006. The enrollment consists of 166 local corrections agencies and 14 Community Corrections Facilities. This universal participation of local corrections agencies in STC not only positions the Board of Corrections (BOC) to accomplish its standard-setting responsibilities, but also significantly strengthens the standards.
Each year the BOC invites local corrections agencies to participate in the STC Program through an application process for the upcoming fiscal year. This Annual Training Plan (ATP) is the mechanism by which local agencies (1) express intent to meet BOC's staff selection and training standards, (2) express intent to use the STC Program as the mechanism for meeting those standards, (3) declare the number of staff in each job category subject to the standards, (4) provide a forecast for the number of core courses that will be needed during the fiscal year, and (5) obtain access to BOC's written selection examination for hiring qualified staff.
The STC Program brings valuable benefits to all local corrections agencies statewide. A few of the more significant benefits local agencies receive are (1) access to entry-level written selection examinations, (2) STC course certification system, (3) centralized development and on-going maintenance of Core curricula, (4) coordinated training documentation and delivery system, and (5) strength of numbers. The STC Program also provides extensive technical assistance services to local corrections agencies in the management of their selection and training systems.
The ATP will be used to identify the number of staff in each job category, the number of selection examination presentations, and the number of core training course interventions that will be needed statewide during the year. This will help STC focus its efforts appropriately on the development of selection and training resources in each region of the state.
A listing of local county and city corrections agencies that have volunteered to participate in the program is attached. (Attachment B)

FEDERAL AND STATE CONSTRUCTION GRANTS - CONSENT/INFORMATION ITEMS (AGENDA ITEM D)
Doug Holien, Field Representative, stated that this is the standard information item reporting minor changes approved by staff on county construction grant projects. As background, from 1996 until now, the Board has administered state and federal grant funds appropriated by the Legislature for 34 adult jail construction projects and 73 local juvenile facility construction projects which were awarded grants by the Board. This totals 107 individual county projects and involves $37 million in grants for adult jails and $454 million in grants for local juvenile facilities. At present, 93 of the 107 projects have been completed. Only 14 remain in progress with all slated to be completed between now and FY 2006-2007."

Mr. Holien said that, as shown on the attachment to the agenda item (Attachment C), there were three minor timeline changes for Mendocino, Napa, and Orange counties' projects due to additional architectural time needed, delivery delays, and weather delays. In addition to these three projects, Santa Clara County has requested a timeline extension in order to complete its juvenile hall replacement project. The Santa Clara County project is one of only two remaining state funded projects, with the other 12 projects being federally funded. The Board has fiscal authority to pay state grant funds to Santa Clara County until June 30, 2006. The county's current schedule calls for construction completion in May 2006, but they will need additional time after that to release retention to the contractor and to perform fiscal close out activities. As such, Board management staff has made a request through the Department of Finance to extend the reversion date for state funding from June 30, 2006 until June 30, 2007, in order for Santa Clara County to have sufficient time to complete the project and for the Board to fully pay the county. This is expected to be approved in the upcoming state budget, at which time staff can extend the grant agreement accordingly.

Of the remaining 12 federally funded projects, all are currently on track for construction to be completed by the federal grant deadline of September 29, 2006. The feds allow us 90 days following that to complete all fiscal close outs by the end of December 2006. Only four of the projects have schedules that run right up to the federal deadline, with the others slated for completion well before that time.

In the event that any of the remaining federally funded projects experience unavoidable delays that would cause the construction schedule to go beyond September 2006, staff would need to request a timeline extension which federal officials would need to approve in order to extend state/county grant agreement schedules to finish construction. Staff will keep the Board informed if a federal grant extension is requested and any projects that would be affected.

STEERING COMMITTEE FOR DEVELOPMENT OF CDC/CYA STAFF SAFETY AUDIT PROTOCOLS (AGENDA ITEM E)
Jerry Read, Acting Deputy Director, presented an agenda item requesting that the Board approve Chairman Hickman's request to establish a panel to review staff safety issues at the state's 32 prisons and 8 juvenile facilities following the receipt of two critical reports on staff safety at the California Institution for Men. Mr. Read requested Board approval to establish a broad based panel to develop criteria upon which staff safety audits would be conducted, approval of the composition of the audit team, and approval of a proposed timeline for conducting the staff safety audits.

Chairman Hickman asked if research had been conducted to determine if other states were performing staff safety audits and what that research revealed. Mr. Read reported that several national correctional organizations and individual states were contacted and there is no evidence that anyone is conducting staff safety audits. Many agencies conduct security audits and one objective of a security audit is to enhance staff safety, but none reported performing an audit specific to staff safety. Information concerning security audits was complied from a number of sources as reference material for the panel in developing criteria for the proposed staff safety audits.

Mr. Sheetz said that he supported the audits, but noticed that the proposed panel did not include a member of the public. Mr. Sheetz acknowledged that the panel appeared to have the necessary expertise, but as a public member of the Board, he believes that public members can provide a unique perspective on processes such as these. Ms. Silbert agreed that some Board projects benefit from public participation, but said this panel required specific expertise and she doubted that public participation would add value to the process.

A motion was made by Mr. Michael Prizmich to approve staff's recommendation. The motion was seconded by Ms. Mimi Silbert. The motion carried.

PILOT PROJECT PROGRESS REPORT - GLENN COUNTY PILOT PROJECT (AGENDA ITEM F)
Jerry Read, Acting Deputy Director, reported that the Board of Corrections approved a pilot project for the Glenn County Probation Department to allow a teacher's aide to provide instruction in a computer lab adjacent to the facility classroom for up to two minors at any given time in a school day. A pilot project was required because Section 460A.1.12 Title 24, California Code of Regulations requires that classrooms be designed for a maximum capacity of 20 minors, contain 160 square feet of floor space for the teacher's desk and work area, and a minimum of 28 square feet of floor space per minor. The computer room contains sufficient floor area for two students, though does not meet the requirement for 160 square feet of teacher's space. In addition, the Probation Department was to provide progress reports to the Board after implementation of the pilot project. This is the final status report. Glenn County officials have expressed a desire to apply for Alternate Means of Compliance status at the July 2005 Board meeting.

TITLE V COMMUNITY PREVENTION GRANTS PROGRAM - GRANT AWARD RECOMMENDATIONS (AGENDA ITEM G)
Lynda Frost, Field Representative, presented an agenda item for approval by the Board regarding the grant award recommendations made by the Title V Review Panel for the federal funds allocated to California by the Office of Juvenile Justice and Delinquency Prevention. (Attachments D& E)

On May 13 the panel will conclude its evaluation of grant proposals and its recommendations will be shared with the Board at the May 19, 2005 meeting. Attachment D outlines the rating criteria for the Title V proposals. Attachment E provides an overview of the proposals, including the amount of funds requested by each applicant and the implementing agency for the project.

The federal Title V program supports local prevention/early intervention efforts designed to keep at-risk youth from entering, or first-time non-serious offenders from re-entering, the juvenile justice system. Funds must be distributed through a competitive Request for Proposals (RFP) process. California's allocation for federal fiscal year 2004 and undistributed funds from a prior allocation bring the total amount available in the current RFP process to $1,970,258.

At its October 21, 2004 meeting, the Board authorized staff to proceed with the Title V RFP. Staff developed a draft RFP, including rating criteria, and distributed it to the field in early December for comments. The final RFP was issued on December 22, 2004, and proposals were due March 21, 2005.

On January 12, 2005, Board staff conducted an Informational Workshop in Sacramento to review the RFP requirements, including the draft rating criteria, with prospective applicants. At its January 27, 2005 meeting, the Board approved the RFP rating criteria. (Attachment A)

The Board received 30 grant proposals. Staff conducted a technical compliance review to determine if the proposals met the requirements of the RFP and worked with applicants to correct identified deficiencies. All but one proposal passed this technical review (ineligible applicant). The 29 remaining proposals, which address an array of prevention/early intervention efforts falling into 8 of the 17 program purpose areas for Title V, requested a total of nearly $9 million.

Due to delays in appointing the State Advisory Group and in order to complete the RFP process before the May 19 Board meeting, staff approached the Chair in mid-April to receive approval in appointing an alternate grant proposal rating committee. Five subject matter experts representing different geographic areas and units of local government were chosen. They are: Sheila Anderson, President/CEO, Child Abuse Prevention Council of Sacramento; Camerino Sanchez, Chief of Police, City of Santa Barbara and SAG Member; Terry Warnock, Chief Deputy-Probation Services Ventura County Probation Department; Jerry Powers, Chief Probation Officer, Stanislaus County Probation Department; and Terry Lee, Chief Probation Officer, Trinity County Probation Department.

Staff provided training to each panel member on the Board's competitive grant process, Title V rating criteria, and scoring system. The scoring system, which was originally developed by the Board's research team, has been used successfully with several other grant programs administered by the Board. Panel members will conclude their evaluation and scoring of the proposals by May 12, 2005. Staff will then conduct a conference call with panel members on May 13, 2005 to discuss the scoring results and ranking of proposals and to finalize recommendations for the Board's consideration. These recommendations will be presented at the May 19, 2005 meeting.

Staff will conduct a New Grantee Briefing Session on May 25, 2005, with the entities that are awarded grants by the Board. Staff will also develop and process the grant agreements, which will take effect on July 1, 2005. (Note: Title V grants are awarded for one year, with the possibility of funds for two more years if Congress appropriates funds and the project has demonstrated effectiveness.)

A motion was made by Ms. Mimi Silbert to approve staff's recommendation. The motion was seconded by Mr. Michael Prizmich. The motion carried.

MODIFICATION OF ACTION ON JAIL REMOVAL GRANTS (AGENDA ITEM H)
Lynda Frost, Field Representative, presented an item for Board approval that would modify action taken at the July 22, 2004 meeting on the Rural County "jail removal" grants in order to allow seven counties that have developed and/or implemented eligible Title II projects to receive their full award amounts in FY 2005/06. Chief Probation Officers Michael Kriletich from Amador County and Don Meyer from Calaveras County presented information to the Board on their respective Title II projects.

Beginning in FY 1987/88, 12 rural counties began receiving Title II grant funds from the Office of Criminal Justice Planning (OCJP) for the purpose of removing juveniles from adult lock-ups. These "jail removal" grants were established because the selected counties had no juvenile halls and were holding juveniles, on a routine basis, in the county jail. Over the next 16 years, most of the counties that received this funding used it to pay for out-of-county juvenile bed days. Shortly after these grants began, California statutes were strengthened to prohibit housing of minors in adult jails; however, OCJP continued awarding grants to nine counties (Alpine, Amador, Calaveras, Colusa, Mariposa, Modoc, Mono, Plumas, and Tuolumne). Although Title II funds are intended to support projects for a maximum of three years, the continuous funding provided by OCJP left an impression with the nine counties that it was an ongoing entitlement. Over the last several years, the total annual amount for these grants has averaged $527,765.

To bring California into compliance with the Title II funding requirements, Board staff initiated development of a recommended plan for phasing out the "jail removal" programs. As a part of this process, staff considered input from the nine counties, all of which anticipated receiving funds for FY 2004/05 and indicated that any reduction in the amount would pose a significant hardship. The motion recommended by staff and adopted by the Board on July 22, 2004 provided full funding for the second year of the three-year grant period and reduced funding by 50 percent for the final year, which ends June 30, 2006. The plan also directed staff to work with the affected counties to bring California into compliance with Title II funding requirements.

On August 12, 2004, Board staff sponsored a day-long meeting with the rural Chief Probation Officers and their respective staff to share critical information regarding Title II eligibility and funding requirements, including the collection and reporting of outcome data, and to enhance understanding of the competitive process for future grant opportunities. Board staff encouraged the counties to examine whether they could develop delinquency prevention programs that fit into one of the federally designated program purpose areas for Title II funding.

Seven counties (Alpine, Amador, Calaveras, Colusa, Mariposa, Mono and Tuolumne) were willing and in a position to develop Title II projects that met federal requirements. Some of these projects began in FY 2004/05; others are slated to begin in FY 2005/06. The remaining counties (Modoc and Plumas) indicated that they could not change to a project that meets federal requirements.

A motion was made by Mr. Michael Prizmich to approve staff's recommendation. The motion was seconded by Mr. Calvin Remington. The motion carried.

DETENTION PROFILE SURVEYS (AGENDA ITEM I)
Doug Holien, Field Representative, thanked the sheriffs and chief probation officers for their support of the surveys. Without their support and data reporting by their staff, policymakers would not have access to many factors impacting jails and juvenile facilities. Mr. Holien presented findings and data on the following surveys:

(1) The 2004 Jail Profile Survey Annual Report. The Jail Profile Survey (JPS) has been used to collect and report data from local jail facilities since 1995. One of the primary objectives of the JPS is to track the population level and inmate characteristics in California's local jail facilities in

order to provide policymakers with relevant, aggregate information. Mr. Holien presented the key findings and indicated the report will be posted on the Board's website after the meeting.

(2) The 2004 Juvenile Detention Profile Survey Annual Report. The Juvenile Detention Profile Survey (JDPS) has been used to collect and report data from local juvenile detention facilities since 1999. One of the primary objectives of the JDPS is to track the population level and detainee characteristics in California's local juvenile detention facilities in order to provide policymakers with relevant, aggregate information. Mr. Holien presented the key findings and indicated the report will be posted on the Board's website after the meeting.

NEXT SCHEDULED MEETING (AGENDA ITEM J)
The next meeting is scheduled for July 21, 2005, at the John A. Davis Contra Costa County Juvenile Hall, 202 Glacier Drive, Martinez, CA.

Meeting adjourned at 11:30 a.m.

Respectfully submitted,
Barbara Tynes
Administrative Assistant

BOARD MEMBERS
Roderick Hickman, Chair/Secretary, Youth and Adult Correctional Agency
Walter Allen, Director, Department of the Youth Authority
Michael Prizmich, Sheriff, Amador County Sheriff's Department
Calvin C. Remington, Chief Probation Officer, Ventura County Probation Department
Mimi H. Silbert, Ph.D., Executive Director, Delancey Street Foundation
Donald Sheetz, President, Sheetz Asset Management
Ernest Van Sant, Deputy Director, represented Department of Corrections

BOARD STAFF
Karen L. Stoll, Executive Officer (A)
Jerry Read, Deputy Director (A)
Lynda Frost, Field Representative
Doug Holien, Field Representative
Barbara Tynes, Administrative Assistant

GUESTS
Doug Austin, Colusa County Sheriff's Office
Susan Bellonzi, California Jail Program
Michele Brantz, San Diego County Sheriff's Department
Jaime Clayton, San Joaquin County Sheriff's Office
Suzie Cohen, Suzie Cohen and Associates
Tina Davis, Solano County Sheriff's Office
Thomas Ferrara, Solano County Sheriff's Office
Dana Fredendall, Riverside Sheriff's Office
Valerie Hill, Riverside Sheriff's Office
Ron Johnson, Alameda County Probation Department
Michael Kriletich, Amador County Probation
Kevin Lacy, San Bernardino County Sheriff's Office
Bert Liebersbach, Monterey County Sheriff's Department
Jean M. Mariani, San Francisco County Sheriff's Department
Sean McDermott, Sonoma County Sheriff's Office
Don L. Meyer, Calaveras County Probation Department
Cheryl Munyon, TRG Consulting
W. Harry Munyon, TRG Consulting
Doug Papagni, Madera DOC
Gary Steele, Sacramento Probation Department
Brenda Suarez, Stanislaus County Sheriff's Department
Mark Veaten, CCPOA
Ivan R. Walker, CYA/CCPOA Liaison Officer