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House Appropriations Committee budget hearing with DOC

House Appropriations Committee budget hearing with DOC

House Appropriations Committee budget hearing with DOC/PBPP (BH)             
3/18/15, 11:00 a.m., 140 Main Capitol
By Virginia Lucy

The committee held a budget hearing with the Department of Corrections and Board of Probations and Parole.

John Wetzel, secretary of the Department of Corrections (DOC), and John Tuttle, acting chairman, Board of Probation and Parole, offered opening remarks to the committee. Sec. Wetzel took a moment to highlight Tim Ringer’s service with the department and his impending retirement. Tuttle pointed to the data noted in his budget handout.

Minority Chairman Markosek noted the proposed merger between DOC and the Board of Probation and Parole. He said he looked forward to hearing more on that issue.

Rep. Marsico, chairman of the House Judiciary Committee, spoke to the issue of Pennsylvania’s heroin epidemic. He asked for an estimate of how many inmates are incarcerated for drug-related offenses. Sec. Wetzel stated a conservative estimate 70 percent of inmates meet the criteria for being addicted but they would have to gather numbers on how many are incarcerated for drug-related offenses. Rep. Marsico asked about heroin-related offenses and inmates with heroin addictions. Sec. Wetzel said he could follow-up and likely provide the percentage of those who are addicted to heroin but he is unsure if there is a breakdown for heroin-related offenses specifically. Rep. Marsico asked for an estimate of those who have reoffended due to addiction issues. Sec. Wetzel offered the overall recidivism rate is about 62 percent. He stated that Tuttle might be able to offer numbers on parole violations. Offering to provide exact numbers later, Tuttle stated a high percentage of returns to prison are drug and alcohol related. He said in York, more than twice as many overdose deaths occurred last year over the previous year. He remarked they are working with Department of Human Services (DHS) on offering naloxone to parolees to assist with overdoses. Rep. Marsico asked for an update on the use of the drug Vivitrol to combat heroin addiction. Sec. Wetzel stated they had received a grant for medicated assisted treatment of addiction. When they started the process several years ago, he continued, they targeted addicted females in Dauphin, Allegheny, and Philadelphia counties and began the use of Vivitrol while they were still incarcerated, in conjunction with treatment programs. Sec. Wetzel said the outcomes were promising enough for the department to expand the program, starting in April 2015, to 175 men. He said they believe it is a very promising practice and noted the incidences of heroin overdose for inmates being released and having a lower tolerance than when they went in. Rep. Marsico asked what the cost of this pilot program and its expansion is. Sec. Wetzel stated he can get the numbers but he believes it is around $1,000 per shot.

Rep. Marsico said probation serves an important role in safe reentry into society and mentioned HB 446 and its mandatory three-year period of probation requirement for certain sex offenders. He asked if the testifiers agree that the risk of recidivism is greater without this sort of supervision. Tuttle answered, “Absolutely,” adding that the current parole rate for sex offenders is approximately 32 percent, lower than the general parole rate of 50 percent. He said it is important to return them with some sort of supervision. Rep. Marsico asked if while in prison these offenders receive any help or are offered any programs. Tuttle stated they are required to complete treatment before parole and noted there are low intensity and high intensity programs. Rep. Marsico asked if they had any other ideas on how to safely reintegrate some of the most dangerous sex offenders back into society. Tuttle said his approach, dubbed the “Noah’s Ark” approach, dictates that everyone has to take a few of these offenders. He mentioned community corrections centers, which are now much easier to place individuals in, each take a proportion to help safely reintegrate people back into the community, and working with individuals to develop home plans while still in prison.

Rep. Petrarca, minority chairman of the House Judiciary Committee, observed when he was first elected, over 20 years ago, the DOC budget was around $150 million and now it is somewhere over $2 billion. He added he was under the impression that while prison populations in other states are going down, that is not the case in Pennsylvania. He asked where things stand now. Sec. Wetzel replied 24 years before the last administration through 2010, the average prison growth was about 1,500 inmates per year. He added, over the past four years, there has been a reduction over time of about 400 inmates. He said it is not a huge percentage overall, but they have essentially been able to flatten out population growth due in large part to SB 100 which allowed them to restructure the community corrections system. Since that bill was passed, he went on, the prison population has been reduced by about 1,000. Sec. Wetzel added the caveat that earlier this year DOC accepted 200 inmates from Northumberland County following a jail fire. He stated these 200 inmates are included in their population now, so essentially there are essentially a total of 600 fewer inmates. Sec. Wetzel said internally staff has done a great job of focusing on efficiencies, looking at population drivers, and the system has pivoted to focus on outcomes. He noted a 2013 study on recidivism which looked at performance contracting with halfway houses where payment to providers was tied to outcomes, specifically recidivism. He said there was a reduction in recidivism. Tuttle recognized the board, with several members being present, as a leader in decision making and reentry. He said in FY 2005-06 technical parole violators were being returned at a rate of 1.47 percent, with the rate being 0.97 percent now making for a 33 percent decrease.

Rep. Grell asked for an update on corrections officer safety, questioning how this year has been and what initiatives are underway to address those issues. Sec. Wetzel said there has been an uptick this year in assaults on officers, as well as inmate-on-inmate assaults. He noted of these assaults on officers, 65 percent were by mentally ill inmates, and 55 percent of those inmate-on-inmate assaults were by mentally ill inmates. He stated DOC was sued two years ago by the Disability Rights Network and was simultaneously investigated by the Department of Justice on the issue of placing mentally ill offenders in segregation. This has resulted in increased out of cell time for these offenders, resulting in quadruple the amount of time they are out, likely contributing to this increase, he continued. Sec. Wetzel said they have focused on officer training on how to deal with mentally ill inmates. He offered that 24 percent of the corrections population is mentally ill, 8 percent of which, or 44,000 inmates, being seriously mentally ill. He said they have implemented Mental Health First Aid training with a commitment to train all employees and they are currently at 92 percent after beginning last March. He added they have increased the number of officers.

Rep. Grell asked how they measure success in terms of costs for Justice Reinvestment Initiative (JRI). Sec. Wetzel replied there has been a 756 inmate reduction last year, but noted that does not result in significant cost savings. He said they must continue to look at the prison population to be sure those who are there need to be there for public safety. He added that finding ways to increase county level diversion of offenders there would be a huge return on investment. Tuttle said they have “stemmed the tide” when looking at pre-JRI projections. Rep. Grell asked if better collaboration and communication a part of the reason behind the merger. Sec. Wetzel said yes, there have been significant reaches in communication and collaboration. He noted there are inherent inefficiencies when there are two agencies managing the same people and recognized there will be a transition team including stakeholders such as counties, district attorneys, and local law enforcement.

Rep. Brownlee asked for examples on what practices have changed due to JRI, what has been done for successful integration back into the community, and for a status update on the construction of the new prison in Phoenix. Sec. Wetzel responded they have made backend changes specifically on length of stay for technical parole violators and abbreviation of time. He noted HB 135 provided for funding for counties to incentivize them to focus on short-term offenders. Sec. Wetzel also said they have focused on the halfway house system and now there are nonresidential lots which are contract with for services. He added mentorships work for inmates and for children of incarcerated parents. He stated in 2008 there were 15,000 to 20,000 inmates released with a state issued ID; last year nearly 9,000 offenders were released with IDs. As to SCI Phoenix, he added, it should be completed towards the end of the year but logistically moving 3,000 offenders will take longer. Tuttle said they have prioritized dockets. He said they have reduced the number of days when a person would be released from their minimum from 34 days to 11 days, so offenders who have no issues, are able to be released on their minimum date. Tuttle also mentioned transitional housing units and said staff are trained in evidence based programs, such as the EPICS program. Further, he noted, his population is up to 31 percent while agent population is only up 13 percent.

Rep. Boback inquired about mandatory overtime and the strain that places on officers. She asked whether DOC plans to address this cost by hiring more officers or if the freeze is still in place. Sec. Wetzel stated the hiring freeze ended in FY 13-14. He said they have looked at the hiring process to reduce lag time and fill vacant positions. He said the budget request reflects those positions needing to be filled. Rep. Boback heard that corrections officers have a higher incidence of PTSD than any other profession. Sec. Wetzel stated it is a difficult job but he cannot comment on the incidence of PTSD in other professions. He said he thinks it is higher than average for corrections officers and can get specific information. Rep. Boback asked if they are provided training specific to PTSD. Sec. Wetzel says they employee a Critical Incident Stress Management (CISM) team to help during a critical incident. He noted this is an emerging area of research and they are looking into how to apply it. He also mentioned the higher percentage of veterans returning from war.

Rep. Kinsey said he believes the American Correctional Association (ACA) had recognized DOC for an accolade. Sec. Wetzel said they have recognized for reducing recidivism and noted he inherited a great staff. Rep. Kinsey asked how many offenders successfully completed parole programs. Tuttle said 7,688, exceeding the 50th percentile. Rep. Kinsey asked if there is a risk-based parole instrument. Tuttle said it is a national model employed since the late 1980s. He also noted they are nationally recognized by the ACA for 100-percent compliance on parole standards.

Rep. Masser commended the response of DOC regarding the fire in Northumberland County. Sec. Wetzel said that particular prison was built in 1876 and was still using keys rather than modern buttons. He said the staff was able to remove 200 inmates with no casualties. He added local law enforcement, State Police, and staff were able to secure the prisoners until they could be transported. For the first 30 days, the inmates were housed by DOC at no charge. Now, Sec. Wetzel stated, there is a charge being assessed for $60 per day, which is the actual cost to DOC. He also mentioned there were no inmate escapes.

Rep. Daley highlighted the percentages of unskilled and lower educated inmates. She asked if there are job training programs or GED classes available to offenders. Sec. Wetzel said education levels correlate with crime and noted the importance of early childhood intervention programs and pre-K. He further mentioned that 1,200 inmates received their GED but the GED training has now switched to a computerized program, lowering the completion rate to 95. He also stated there are vocational reentry programs, such as the HACC program in culinary arts.

Rep. Dunbar asked if the estimated $23 million in savings has been realized by closing SCI Greensburg. Sec. Wetzel replied yes. Rep. Dunbar asked if that was after the $7.6 million thermal plant buyout in 2014-15. Sec. Wetzel said yes, even including the payout and that it is included in this appropriations request. Rep. Dunbar also asked if they use performance measurements for programs for recidivism and reentry and whether he knew about the Pew-MacArthur Results First Initiative. Sec. Wetzel said performance contracting is possible due to baseline recidivism, although they are behind in drilling down to specific programs. He added he’d be interested in learning more about the Results First Initiative. Tuttle said they use robust measures, from larger measures to more refined measures.

Rep. Gainey asked how many nonviolent inmates are in DOC facilities. Sec. Wetzel said, depending on how the term is defined, they are separated into Part I (serious) and Part II (less serious) offenders with 40 percent being Part II. Rep. Gainey asked how much it costs to house an inmate. Sec. Wetzel answered $38,000 per year. Rep. Gainey further questioned whether most nonviolent offenders have mental health issues. Sec. Wetzel said he doesn’t know if there are any differences for nonviolent offenders as compared to overall so he believes 24 percent do. Rep. Gainey asked if he believes recidivism rates can be reduced by removing felonies for non-violent offenders. Sec. Wetzel said recidivism is linked to collateral consequences, such as ability to get a job or obtain housing. Tuttle added it costs $3,500 to supervise an offender and 18 percent of those on probation and parolees are mentally ill.

Rep. Vereb voiced concerns regarding the ability of incarcerated individuals to communicate with the outside world. He asked if there is a specific allotment of time for this. Sec. Wetzel says it varies by facility and demand for phones, but fifteen minutes is the cut-off. Rep. Vereb noted there is the risk of incarcerated individuals being able to re-victimize their victims by calling them. Sec. Wetzel said they need to strike a balance as family support reduces recidivism so the ability to stay in touch with family is important. Rep. Vereb asked about the Phoenix facility and the necessity for a 400 acre buffer. He opined about the potential to sell or lease some of that land. Sec. Wetzel said he could update him on his latest meeting with the municipality and Sen. Bob Mensch (R-Montgomery). He added they want to be good neighbors but there is a need for the buffers. Rep. Vereb questioned the effect of the potential merger on the Office of Victim Advocate. Sec. Wetzel noted the transition team would include them.

Rep. Kampf questioned the total personnel budget request. Sec. Wetzel replied it is $1.7 billion, with $965 million for salary, and $770 million for benefits. Rep. Kampf asked for the benefit factor which Sec. Wetzel said he would need to get to him. Rep. Kampf asked what the increase was over last year’s number. Sec. Wetzel said 6.9 percent, or $146 million. Rep. Kampf also asked for a follow-up on the breakdown of healthcare and pension increases. Tuttle was posed the same questions. He offered an overall personnel request of $134 million, but including all other requests such as county probations, mental health, and other areas, it would be $195 million for everything. He said there is a 9.4 percent increase for new positions with some costs to carry. Tuttle also noted less than half for benefits.

Rep. Greiner asked about the significant cost and time associated with Right-to-Know requests by inmates. Sec. Wetzel said they recently completed an analysis and offered to get the numbers to Rep. Greiner. Tuttle added, in 2013 they had their largest in the 700s, down to 450 last year.

Rep. Carroll requested when they supply further information on pension costs, they provide additional levels of detail necessary to have a full discussion. He noted the unfunded liability and costs to carry. Rep. Carroll asked if there was a need to build another facility in Norristown due to the lack of space at the forensic unit there. Sec. Wetzel acknowledged a backlog in forensic beds and stated he has discussed with Ted Dallas, acting secretary of the Department of Human Services, about working on a plan to reduce the backlog. He offered to follow-up after the hearing.

Rep. Grove inquired about the ability to outsource in order to reduce costs. Sec. Wetzel said they have explored outsourcing both medical and food services. He noted they completed the bid process for medical services, noting upper level provides are already contracted out, so this is just for nursing services, and they determined the cost savings was not compelling. On the issue of food services, he added, the option was explored but it was decided not to bid out for it. Sec. Wetzel said looking into cost savings in food purchasing is an option. Rep. Grove asked if there is a way to work with county jails on larger purchases. Sec. Wetzel said there might be but he does not know what that would look like, noting the difference in purchasing rules for the state versus counties. Rep. Gove asked for an update on the issue of J-Net and the connection with unemployment compensation for prisoners. Sec. Wetzel stated when that issue occurred two years ago it was a county issue, rather than a state issue, and it was fixed through the use of J-Net.

Rep. Grove asked what ex-offender rehabilitation services would entail. Tuttle said mental health services, employment services, or any related treatment. Rep. Grove asked if that reduces recidivism. Tuttle responded yes, if done correctly. Rep. Grove lastly asked what “private jail services” would be. Sec. Wetzel said some states outsource prison operations to for-profit businesses, but Pennsylvania does not. He said there is one private county jail in the state. Rep. Grove noted under the Governor’s budget proposal would include a sales tax on private jail services, as well as ex-offender rehabilitation services.

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