House Appropriations Committee Budget Hearing with DOC
House Appropriations Committee Budget Hearing with DOC (BH)
2/12/14, 9:30 p.m., Room 140, Main Capitol
By Jason Gottesman
At a Glance
Committee(s):
House Appropriations Committee
Audio: http://wallaby.telicon.com/PA/13R/audio/20140212ay.mp3
Budget hearing Subject:
Department of Corrections
Bills discussed:
Act 122 of 2012, Act 196 of 2012, Act 22 of 2011
Testimony:
John Wetzel, Secretary, Department of Corrections
Michael Potteiger, Chairman, Board of Probation and Parole
Members Present:
Chairman Bill Adolph (R-Delaware), Minority Chairman Joseph Markosek (D-Allegheny), and Representatives Dan Frankel (D-Allegheny), Ron Marsico (R-Dauphin), Tom Caltagirone (D-Berks), Matt Bradford (D-Montgomery), Steve Santarsiero (D-Bucks), Karen Boback (R-Luzerne), Mark Mustio (R-Allegheny), Brian Ellis (R-Butler), Tom Killion (R-Delaware), Jeff Pyle (R-Armstrong), Mike Peifer (R-Pike), Scott Petri (R-Bucks), Bernie O’Neill (R-Bucks), Jake Wheatley (D-Allegheny), Tim Mahoney (D-Fayette), Madeleine Dean (D-Montgomery), Cherelle Parker (D-Philadelphia), Scott Conklin (D-Centre), Mike O’Brien (D-Philadelphia), Michele Brownlee (D-Philadelphia), Mike Carroll (D-Luzerne), John Sabatina (D-Philadelphia), Deberah Kula (D-Fayette), Donna Oberlander (R-Clarion), Glen Grell (R-Cumberland), Curt Sonney (R-Erie), Jim Christiana (R-Beaver), Gary Day (R-Berks), Seth Grove (R-York), Sheryl Delozier (R-Cumberland), Dave Millard (R-Columbia), Mike Regan (R-York), Bryan Barbin (D-Cambria), Joe Hackett (R-Delaware), Adam Harris (R-Juniata), and Dom Costa (D-Allegheny).
The committee held a budget hearing with the Department of Corrections (DOC) and Board of Probation and Parole.
John Wetzel, Secretary, Department of Corrections, noted the department has been able to reverse the trend of adding prisons and increasing the inmate population. “Now we’ve been able to clearly alter our pace, anticipating a need to expand capacity every 30 years or more-miles of difference from previous administrations. At the same time, we’ve been able to replace older, inefficient facilities that are inadequate for meeting the needs of modern corrections, with new, efficient capacity that meets the ever challenging new corrections population.” Sec. Wetzel went on to note how the new normal in the department is to correct actions that led people to prison in the first place and he detailed a number of rehabilitative programs the department offers to cut down on recidivism. “The ‘new normal’ is to expect the Department of Corrections to correct, and we are well on our way to having a system that reflects that expectation.” He noted DOC is requesting a $77.4 million increase over last year’s budget, 93 percent of which is to be dedicated to personnel costs. He went on to describe the department’s accomplishments, new systems for managing employees and inmates, and a number of cost-saving programs within the department. He stated even though prison reform has begun, it has begun more slowly than anticipated, requiring the department to reevaluate its needs and programs going forward.
Michael Potteiger, Chairman, Board of Probation and Parole, noted funding for the Sexual Offenders Assessment Board and the Grant-in-Aid Program for Improvement of Adult Probation Services. On the Sexual Offenders Assessment Board, Potteiger said there is a slight decrease in funding, but the board can continue its work without impacting public safety. He said the Grant-in-Aid Program is level funded. “This budget proposal continues to address the Commonwealth’s focus on core functions of government, of which public safety is a priority,” he said. “This budget continues the focus of providing resources so that agents can help offenders with employment, education, and health care so that they may become contributing members of our great commonwealth,” he added. He discussed the board’s work in implementing the Justice Reinvestment Initiative (JRI) as articulated in Act 122 of 2012 and Act 196 of 2012. He noted the board works to keep recidivism low.
Rep. Marsico, chairman of the Judiciary Committee, asked about how many offenders under the supervision of DOC are there for drug-related offenses. Sec. Wetzel said 70 percent of offenders meet the criteria for addiction. He did not know the exact number in facilities for drug-related offenses. Rep. Marsico asked how many of these people reoffend. Sec. Wetzel said the overall recidivism rate is 43 percent with a 50 percent re-arrest rate. He noted drug offenders are no different in terms of this number.
Rep. Marsico asked about security measures to protect corrections officers, particularly at older facilities. Sec. Wetzel said assessment teams have been brought in following an assault at SCI-Rockview to look at the current facilities and possible enhancements. He reported clerical staff has been pulled out of housing units and modern duress alarms have been added to facilities. He also relayed there has been a leadership change at SCI-Rockview. Rep. Marsico asked about cost-savings with the opening of SCI-Benner. Sec. Wetzel said there are cost savings since it is less costly to operate than SCI-Cresson and SCI-Greensburg. He did note some cost increases making the actual savings number difficult to determine. Rep. Marsico asked about the overall cost for corrections. Sec. Wetzel said it is $98 per day to house an inmate. Rep. Marsico asked if community corrections centers are cheaper to operate. Sec. Wetzel confirmed they are and said they are anticipated to be used more as the correct personnel are utilized there. Potteiger said the board has begun transitioning inmates to community correction centers where people are diverted there as opposed to going back to DOC facilities. Potteiger said he has no issues with community corrections centers. Rep. Marsico added there can be a lot of savings if these facilities are used more. Potteiger indicated the correct people for these facilities need to be identified, particularly those who do not impact public safety.
Rep. Caltagirone, minority chairman of the Judiciary Committee, asked about JRI and said the driving force behind DOC’s budget is cost. He hoped that the track of closing prisons can be continued so the money can be reinvested in the front end. “We’ve got to do the right thing here,” he said, noting minor offenses and technical parole violators need to be treated differently. He also asked about mental health issues and said those with such issues need to be treated differently than just being put into DOC facilities.
Rep. Caltagirone then asked about Vivitrol, and how that might affect drug addicts in state corrections facilities. Sec. Wetzel said, historically, the prison population has grown in every prior administration, but that trend has been reversed under Gov. Corbett’s administration. He said honesty is needed in how change is determined and said a change in policy decisions needs to be made. He said the criminal justice system needs a response equal to the crime with a result of the person no longer committing crime. He noted many pieces of legislation passing the House that would only increase the prison population and argued there is a corrections cost associated with all such pieces of legislation. Regarding Vivitrol, Sec. Wetzel noted a pilot program for certain female inmates to help them beat opiate dependency. He said he hopes the use of the drug gives people the opportunity to be successful in beating addiction and lowering the recidivism rate. He argued if the root cause of the crime is addiction, the Commonwealth is wasting time if nothing is done about addiction. Potteiger said the board must follow certain policies under JRI to determine whether an inmate is paroled or sent back to a corrections facility. He said the difficult part is trying to deal with people’s behavior and thinking patterns to enhance public safety, which requires the proper risk-needs assessment tools through proper supervision. He reported on positive results by altering cognitive behavior so as to lower the recidivism rate. On technical parole violators, he said 38 percent of the individuals have a pending new charge and said additional resources need to be utilized to provide intervention and deal with the problem in the community rather than in DOC.
Rep. Oberlander asked about the employee complement. Sec. Wetzel said DOC is not at full complement and will provide numbers regarding DOC vacancies. Rep. Oberlander asked about the reduction in the budget for inmate training and education and questioned if the appropriation will cover all expenses. Sec. Wetzel said it will and noted the electronic GED test will save money in the transition to this new format as production is down. Rep. Oberlander asked about the impact of education and training on recidivism and what taxpayers get out of such programs. Sec. Wetzel noted studies showing inmates in these programs have a 23 percent lower recidivism rate and noted these programs have good outcomes based upon evidence-based practices. Rep. Oberlander asked an increase was requested in the Grant-in-Aid Program. Potteiger said he did ask for an increase. Rep. Oberlander asked if there is an alternative since the increase was not granted. Potteiger said a Legislative Budget and Finance Committee study will look at the program and further said he will talk to his county counterparts to find out what the board can do better and support their training.
Rep. Parker asked for a clarification on the actual costs per inmate, with medical attention included. Sec. Wetzel said it is $35,000 per year. He noted increased costs for inmate segregation or capital case housing. Rep. Parker said the governor’s budget says it costs $41,000 annually to house an inmate in a DOC facility. She said it is important to know the true costs so it can be compared to other areas of the budget. Rep. Parker asked how community correction facility contracts are awarded. Sec. Wetzel explained the bid process where the contracts were given on an outcome-based performance method regarding the recidivism numbers from providers. He also said for the first time, there are more community-oriented groups who are now involved in the community corrections continuum. He also said for the first time there is a continuum of treatment where evidence-based practices are used to lower the recidivism rate. Rep. Parker asked if DOC would acknowledge that employment opportunities are one of the strongest indicators as to whether a person would reoffend. Sec. Wetzel said adequate and appropriate employment is a piece of the puzzle. He also noted efforts to take care of children of incarcerated parents and added there are costs associated with incarceration that affect society, particularly children. He also said there is going to be a study on the impact of visitation, which he anticipates will be released later this year.
Rep. O’Neill asked for an update on the facilities to be built on the old SCI-Graterford facility. Sec. Wetzel said there are two separate facilities with shared support. He added the types of inmates to be in the facilities would be medium security on one side and maximum security on another with a capital case unit at one of the facilities. He said he hopes SCI-Graterford stays open until the new facilities can be built. He stated the facilities are a replacement for the old Graterford facility.
Rep. Wheatley noted his discouragement with the corrections process and how there is a lack of vested interest in the conversation about corrections policy. He said when talking about cost to communities and the expanding space DOC facilities have, there is not much DOC can do unless the entire Commonwealth makes a policy change. He stated he is interested rehabilitation in facilities and following up with such inmates once they are released from facilities. “We are faking the funk in my opinion,” Rep. Wheatley said, and noted a number of barriers to inmates once released despite the adequate programming inside DOC facilities. He said there is no seriousness around changing policy in this regard. Sec. Wetzel responded that during his tenure real discussions have been had on emotional and controversial topics. He stated it is rare where there can be civil disagreement where people are pulling in the same direction for better outcomes. He noted significant policy progress has been made within the department, noting 57 percent of inmates stay out of DOC facilities once released. He said uncomfortable conversations need to be had about how race and the corrections system interact, noting the future of urban communities relies on strong education and how inmates are housed. He detailed the need to have a positive impact on individuals while in DOC facilities. He admitted while a lot of work needs to be done, the legislature needs to understand policy impacts the prison population. “Let’s stop the bleeding,” he said, and pointed out the department is willing to work on policy with the General Assembly.
Rep. Ellis asked about ways to lower costs within the department, particularly relating to the privatization of food service. Sec. Wetzel said this has been explored and noted Ohio and Michigan switched to private food service. He pointed out significant differences exist between these states and Pennsylvania, explaining that current food service employees serve a security function, which would need to be maintained during any switch to private food service. He also said Pennsylvania does not believe in privatizing prison facilities. Rep. Ellis said there is a method where nobody will lose their job and security will be maintained and asked if this direction would result in one-time or continuing savings. Sec. Wetzel reported Ohio saved around $30 million, but said that savings number would be cut in Pennsylvania since the staff would not be privatized. He reported it would be an annual savings and stated the department will continue to deliberately move down this road. Rep. Ellis asked if “legislative encouragement” would be needed for this policy change. Sec. Wetzel said he does not believe the change would require any legislation.
Rep. Conklin asked about the Auditor General’s report on the incident as SCI-Rockview and asked what steps have been taken to correct negative actions found. Sec. Wetzel said leadership and training at the facility have been changed. He further reported the audit process at the facility has been completely revamped and training provided in accordance with the Auditor General’s recommendations. He said audits have been coordinated and automated with many of the changes following the recommendations of the Auditor General. Rep. Conklin asked if there will be any supplemental budget requests before the end of the year. Sec. Wetzel said the supplemental request in the current budget is to fund a Department of Justice investigation into the mental health system in DOC facilities where the Department of Justice said segregation was overly used in mental health, which needs to be changed. He also said additional training of staff and re-diagnosis of seriously mentally ill offenders have added to the cost. He said both medical and security staff needed to be increased to ensure compliance and safety with new mental health policies. Rep. Conklin asked if the Affordable Care Act could save money in the department. Sec. Wetzel said it could not. He did say Healthy Pennsylvania would provide an increase in certain federal matching funds.
Rep. Christiana thanked DOC for its use of evidence-based mentoring, which he said has a positive impact on recidivism and front-end investment in stopping people from going to prison. He asked if inmates would be placed on private insurance under Healthy Pennsylvania. Sec. Wetzel said that would not be the case and said that under Act 22 of 2011 compliance, federal matching would be increased to 100 percent for outpatient programming. Rep. Christiana said a focus on corrections officers is needed and he noted a need to thank these officers. The secretary agreed.
Rep. Kula asked about the closing of SCI-Cresson and SCI-Greensburg and queried if the cost-savings were not as much as anticipated. Sec. Wetzel said that is correct. Rep. Kula asked what the cost-savings numbers are. Sec. Wetzel said he will provide that information and noted some of the reduction in savings was due to compliance with Department of Justice requirements. Rep. Kula said if a true look at the consequences of closing these facilities had been taken, the outcome might have been different. Sec. Wetzel disagreed, noting operational changes to mental health inmates were not made until the summer. Rep. Kula asked how far along the Phoenix facilities are. Sec. Wetzel said they are about a year and a half from completion. Rep. Kula asked what will happen to Graterford inmates once these facilities are completed. Sec. Wetzel said the 4,000 inmates will be transferred to the 4,100-bed facility. Rep. Kula said recidivism and technical parole violators have increased causing the community correction centers to be utilized in a different way than before. She asked if other correctional facilities will be closed. Sec. Wetzel said not at this point and he pledged to keep the General Assembly informed on any future plans to close facilities. Rep. Kula asked about the trend of the complement over time. Sec. Wetzel said it has gone up over time and he will provide exact numbers to the chairmen.
Rep. Boback asked if decent paying jobs are looked at for parolees before they leave the prison. Sec. Wetzel said they do not, noting the emphasis is instead on skills. He said better matching can be done at the community corrections level. He noted a possible partnership with the Laborers Union in Philadelphia to provide training for inmates. Rep. Boback said DOC should help inmates look for a job or provide job search training to create a lifeline. Potteiger noted the board has program to help parolees find jobs and detailed partnerships with Harrisburg Area Community College and the Department of Labor and Industry to provide job training so parolees can obtain self-sustaining jobs. Rep. Boback asked if any states have programs where inmates produce products and join with the private sector. Sec. Wetzel said any partnership in Pennsylvania would require legislation, but noted a national program in this regard.
Rep. Sabatina asked for more information on the employment rate for parolees. Potteiger said employment is a barrier to stopping recidivism. He noted the board has an offender workforce development officer to help find employment opportunities for released inmates. He said the board would like to increase opportunities for job fairs and noted partnerships in trying to promote education and employment. He further pointed out the use of federal tax credits for employers are being advertised to incentivize the hiring of former inmates.
Rep. Killion asked if the department has performance standards for recidivism and community corrections facilities. Sec. Wetzel said there are performance requirements in this regard when the contracts are bid. Rep. Killion noted confusion among facilities regarding these requirements. He then asked if there will be funding for the existing network of care to reduce recidivism. Sec. Wetzel said he will have to get back to the committee on this.
Rep. O’Brien asked about the difference between violent and nonviolent inmates. Sec. Wetzel noted a 60/40 split in this regard with no cost-differential unless they are in a segregated unit. Rep. O’Brien asked if there is a cost differential between different security-level facilities. Sec. Wetzel said there is not and noted each facility has different types of services. Rep. O’Brien asked about criteria for sending someone to a particular institution. Sec. Wetzel said there is not necessarily a criterion, except for Boot Camp, which is legislatively determined, and the Chester treatment center. Rep. O’Brien asked if there is a recidivism difference between violent and nonviolent offenders. Sec. Wetzel noted no particular difference. Rep. O’Brien asked about the benefits of specialty drug courts. Sec. Wetzel said good specialty courts have good outcomes and do not send the department as many inmates. He called the courts “a special pieces of the puzzle” to respond to different problems. Rep. O’Brien asked about the decrease in prison population. Sec. Wetzel said it can be attributed to DOC staff processing inmates and getting them ready for parole in a timely manner. He also noted affects from the Recidivism Risk Reduction Initiative and other factors have caused a reduction in inmate population. Rep. O’Brien said he has an interest and concern with the increase of prison population with nonviolent offenders.
Rep. Grell asked if the General Government Operations increase is due to pension obligations. Sec. Wetzel said it is around $27 million, which he said assumes some pension reform. Without reform, he stated, it will be around $51 million. Rep. Grell asked why inmates are paid and which inmates are paid and if the payment goes to victim compensation. Sec. Wetzel said it is paid by skill level with the top amount being 42 cents per hour with some going to victim restitution. Rep. Grell asked if inmates are paid if they do not perform work. Sec. Wetzel said some are paid if they are in programming or unable to work.
Rep. Santarsiero asked where the Commonwealth is with drug courts and how they reduce recidivism rates. Sec. Wetzel said DOC is 100 percent on board with the use of specialty courts and said counties do a much better job on the front end keeping people out of DOC facilities with treatment and specialty courts. Potteiger added the reentry program in drug court is different because there are additional barriers and noted better recidivism rates for those going through drug court.
Rep. Day asked if it costs $36,000 per year to house an inmate. Sec. Wetzel confirmed the cost is around that number. Rep. Day noted quicker prisoner reentry through the network of care in the Department of Public Welfare can cut down on cost and if the department is committed to looking at smart programming to get inmates released quicker. Sec. Wetzel promised to follow up on this and indicated DOC meets with the Department of Public Welfare monthly.
Due to time constraints, Chairman Adolph concluded the hearing with apologies to Rep. Dean and Rep. Bradford, who were unable to ask their questions
Robert Storm
Eastern Region Vice President
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