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House | March 26, 2015 | Committee Room | Justice and Public Safety

Full MP3 Audio File

Alright we count them. We go ahead and get us started. These moderates here [xx] get us started now. We would not had the AOC representative here. Good moring and we're on the air. Yesterday we had the first nework here down the Aisle. It would on the air agian next Thursday. Alright we can't wait. Today [xx] make presentations, just wanted to recommend Brody to to the preparation of justice public safety, the 26 March of 15 we've our pages today. We've three, I'll ask you all if you would stand up and state your name and where you're from, and high school, any aspirations. Do you know any of these people on this corner? Might not be a bad thing. Who will answer for calling their law enforcement in prison, who will answer? If you would like to introduce yourself. I'm Amanda Cone, I'm from Nash county, and I'm sophomore at Eastleigh Academy. Any, want to be a lawyer or a probation officer and welcome. Have you had a good week? Good. Thank you. I'm Emmy  Clements. I'm from Any?  I don't know. Okay. What's going to highlight this week? Just going through the sessions Alright. Yes sir. I am James Chese. I'm from white county and I am a [xx] greek. You want to gain any aspirations or? I want to be an engineer. Okay, good job. Any of you all on the matching band. Alright. Tough. I have, [xx], yeah, thank you. anybody want a chair today? Alright, our soldiers arms today are very more the H Paul and David Smith. Before we get started with our presentation anybody have anything they'd like to say or anybody got after wins from smoking  here for yesterday? Heard there was a hearing in here yesterday for the medical marijuana and it was parked out. So it was.  I didn't get and just to make you yesterday.  Thank you, we will go ahead and get started and you all know our act here is  kind of informal if you have a question please just ask and we will do what protocol. But I'd I hope that you're free to ask any questions on this [xx] and we have with us today Mr. John [xx] from fiscal research division give us a presentation on the President. [xx] [xx] Good morning Mr. Chair, members of the committee thank you very much. Today I'm going to start going over the first part of there of the adulterations you justice part second day of

this presentation at yesterday I covered juvenile justice and today I will be going over custody and security in prisons next Tuesday we'll talk about programs within presents. Wednesday in the medical and then Thursday Lisa will wrap up with community corrections let me give you a quick overview of the system and then we are going to talk about structured sentencing and it's impact on the population go over some custom security issue some changes in  histamine housing and then recent budget issues and budget actions a near lift corner you will see central prison constructed in 1884 and the lower right corner you will see t-shirts that community corrections skills out now as part of JRA, it really had a big impact. This is the last attractive pie chart you'll see this is one of Christine's we like to use this one because it's got gradient whatever that means adult correction regional  justice accounts for that 77% of the DPS budget. There the general statute that describes the duties of the division of adult correction they have a base budget about $1.3 billion, they have over 19, 000 positions, they now have 57 prisons and two commend the response to violation centers, at least we will talk about next Thursday CRVS, and finally we've got a 140, 000 individuals under supervision both in prison and in the community. Today we're going to focus on the pale blue part of the chart and hoping that has good omen for this evening. The $1.1 billion dollars that covers the prison budget, it's over three fourths of the budget 47 counties, the ones that are shaded, have prisons. That's down from about, a little over half the state counties have prisons about three years ago this is a familiar pie chart that you've seen throughout the whole JPS presentations, personal services people account for 78% of the budget the next biggest category is Purchase Services, and within the prisons budget, the main part of that are some custody purchases as well as health services getting into structured sentencing. John Mal from the sentencing commission gave you all a presentation about the sort of structured sentencing but I wanted to sort of touch on how structured sentencing actually has an impact on the prison system. The two most important points I think are the truth incidencing aspect of this time serve is what your sentiment is, early parole release was abolished, and the idea was to set prison resources there and gps resources for the most violent serious offenders serve their time in prison while other folks serve their time in the community. Every good sensing commission does, a 10 year projection [xx] yes madam yes Mam is Randolph not shaded. Spare my thoughts. More competive that day, okay. Yes you still have a prisoner Anything that's none white has a [xx] Every year the senate commission does a ten year prison projection. What to see across the top in the navy is the current capacity in the system and what you see in the red are the senior projections and adjust this every single year, but in the final, in the 10th year there would a bed shortage if everything remains static at 234 beds. Part of the reason there is this gap, and if you looked to this chart, a number of years ago, there were more folks going to prison than we have prison bed since there is a major backlog, part of the issue. Thank you. Would you say that is mostly because of the population in your estimate? Yes, I'm sure as we get closer to 2023 if everything that we are currently doing is going along we hope we won't need, there won't be a bad shortage. If we were only one great people to move to North Carolina, and that was him. We have final board in new leafref. Keep going to the [xx] border Exactly, that comes I love in place to retire. So here is what has been going in the past five years there ahs been

a 2.3% decline in felony census, the active popultion raise this folks will go to prison after the as confair this table across this five year period for little less than 40%. The number of convictions here takes you to from the 2005-2005 time flame. So, instructions doing to impacton the prison populutio n is to redemmed those of the most serious why on offenders, those folks automatically get prison sentences and then account for 58% the population. Which is what you would expect based upon the sort of structure and nature of structure the average time served is about eight years, class C felon account about one and five of the population there [xx] six and a half years and the largest group of this are the habitual felons and they account for about 15% of population. This number is coming down slightly because there're some changes that you all made a number of years ago relating to legislation that sort of a thing, and the time serve for all felons in the mid 90s, there was a lot of 20 months and announce up to about 30 months which again sort of make next stand or structural stand because the folks are going to present are actually ways in the past, you had a little low level crimes, that we're going to prison. The present population, it's now a little over 37, 665 folks the prison population during this time period has increased a little bit less than 3% where the state population has grown 15% A number of years ago the state was facing a jail backlog, in other words if somebody was sentenced to prison there was no room in the inn and so they had to serve in a county jail, it's called Jail Backlog, and then the state paid counties to house those individuals. I'm pleased to say that last week we received a report from the department, this is the 15th consecutive quarter there has not been a jail backlog. At its peak in 2010/11, you were paying about $11 million to house folks in county jails because of the backlog problem. Here is a glance of the prison population. Last year there were almost 23, 000 admissions and about 22, 560 exits. Most people went to prison because of direct admissions to prisons, probation revocations are down to 43%. In 2010/11 before Justice Reinvestment those figures were almost flipped. About 52% of folks were going to prison because of probation revocations and 48% would direct initials. About 85% of the entrance to prisons are there because of felonies. [xx] Thank you Mr. Chairman. Could we have a obliged guys and there to reflect from all of that the role we've done away with the role, and looking back and looking at our present state that we're operating now. Did we miss something possibly could still make some type of parole valuable through his [xx] could do better. Commissioner David Guice adult correction juvenile justice great question. I will tell you that having a mechanism in place that prepares folks for the release back in the community is a piece that we're missing. Just yesterday I talked with Miss Prisa[sp?] about a case a that a young man was released back in the community known to have mental health issues etc on medication etc and basically the release plan was just to release him back to the family where he left some months ago. Already we're seeing that he's refusing to take his medication, something we saw while he was in the system. We got to work on preparing ourselves in a better way to release people back. Ohio for example is doing a great job of their federal government. That's a great job there. That's one important piece for someone being successful. I answered your question. Structured sentencing basically did away with a pro as

we know it except for the B1 through a felons who had a short period of supervision, with just reinvestment we were able to add a period of supervision that we feel is very necessary for a person to be successful upon the release, so we feel like we were headed in the right direction also just the reinvestment, a piece of that legislation had to do with advanced supervised release which was very similar to some of the things that were done years ago as it relates to programming if a person advanced through the system and did the things that he needed while he was in there he could get out a little early. The advanced supervisor released peace of justice reinvestment. It's one that we still need to work on and work closely with our DAs and others to understand how it works, would it have a significant impact on getting folks out a little earlier. I'm not exactly sure of that, that's is not the goal. The goal is to prepare people through programming and then to reward them, an incentive to reward them for successfully moving through the programming pace, so that's something that we're still working on. Follow up. What I'm particularly concerned about everybody and there are some of those young age that get in trouble, so [xx] and the internet murder and while we are there ensure that we through their aid, they followed through the regulation, they don't have a middle problem. What they got is the instruction David Gays commissioner of adult corrections, juvenile justice. Representative Perry Holton you're exactly right and the structure of sentencing bill is as you are aware it does provide for us to do more upfront and the court to be more prepared at the time of sentencing  to make some strategic decisions, one of those is the advanced supervision because the judge makes the decision along with the district attorney and has to be approved by the district attorney to use that tool that we provided in the tool box to make some of those decisions and for you describing as exactly the programme that we put in that piece of registration, that can't be used, we have just to this pint is just not being used as much as some opposition, but I think some of that we just need to spend a little more time communicating together and preparing folks, it' not for every one we know that, but there are cases then you got to individualize these cases. There are cases that would merit from that type of program. I'm hoping.  As you might have seen you mentioned thou the fault about realting early and then having some kind os supervation it is thought that that supervision would be for the length of the tenants or would it be evaluated during their consideration or released early. Thank you guys, though correct is Juvenile and Justice Commissioner. Yes madam I think that I understand what you're asking. I would say at the time that is at least released we're looking to determine what those needs are of that individual. The length of that period that they're under supervision actually is said now, and that's it by of the legislation. It's not by the jug. It's by legislation under the Justice and Reinvestment Act,

now under the old law that [xx] worked 100 years ago. The judge would give a sentence and be on the proclamation along with the department based on the individuals movement through this programming and participation in things of that nature could be released again according to statute that we had statutes we're working there, but could be released early. That was really the catalyst behind the 94 of all obstructed sentencing. There was a believe that time that we needed to have truth in sentencing. We had folks who would be sentenced to 15 years and they would only serve seven years someone [xx] else in the 15 years and they'll have to serve 14 years and that would just not an understanding so that's really the catalyst behind structural sentensing was to put the worst to the worst and keep them there but, again as we went in 2011 with the legislative support of justice reinvestntment we did not do away with structures in a sense, we just tweaked some things and I think that we're on the right course now. Now someone will come after post release they will under supervision it will be [xx] felony will be 12 months I think, I'm correct. And the other will be nine all the others will be nine months of supervision. Does that give us the needed time, it's definitely better than releasing someone without any supervision and that's what we were doing over the years. In fact it was about 15, 000 felons a year they would be in release without any supervision at all and that's what we were following about it and it was telling us that they were tracking right back in the front door system. Thank you. It's a good sage way to move on to the custody and security issue. The pictures you see are from the Alexander Correctional up in Taylorsville. It's one of the 6, 000 bed prisons that were all constructed exactly the same with the ability to do add on dorms of minimum and medium custody. No transitioning is a sort of [xx] the prison section sort of at a glance, so 1.1 billion Dollar budget, there are 57 prisons there are 56 states prison and then there is a contractual facility down the Mecklenburg County that serves minimum custody females. They have 38 000 beds , over 16 000 employees. The division has 10.6 million square feet in 1700 buildings. Last year they drove over 8.5 million miles on 103, 000 trips and I know you're quickly doing the math, yes that is going to the moon and back 36 times which makes for about the 23rd largest city in the states if you looked at it though out the size of Gold's barrel, to put the budget into perspective, if prisons were its own budget it would be the forth largest budget in the state behind DPIHHSNUNC [xx] 15 million nine points and we are talking about 38000, 38000 and this is our carceration the ratio to me it's not it's been a lot of money on incarceration [xx] what does that come out to per prisoner, sir if you can wait just a moment will have a slide on that in a couple of minutes. In terms of breaking down the prison budget the custody staff accounts for about 64% of that, I have included the road the roads squad and the liter cruise in the custody portion. Health is about one fifth and I will talk about that next week programs is about 6% I will talk about that on Tuesday and the inmate costs that includes food and other inmate items. In terms of the staffing the custody and security staff is about, almost 12, 100 individuals, about 483 folks that work with through services. In the programs account for a little over almost 1100 individuals and in may

we'll spent a lot of time talking about next week it's almost 1900 individuals, for a total of 16, 000 individuals, in five divisional prisons. In terms of looking at so somebody gets sent to prison, they're going to be sent to one of seven processing centers to be processed to be given a series of educational, psychological, medical evaluation to then decide which one of the 57 facilities they are going to be sent to. There are three type of custody class, there is cross custody which you all think of maximum security. Medium and minimum, most people can sent to miduim caffers to start with, that mkind give you the bed breakdown, and we are looking in that population and what the censusring commission does, we have to take that at population and that can atually find a proper bad space for idividuals. So the close custody, that's over 80 600 beds that a little bit left in a quarter of the system and that cost that $96 per person or per day I should say because part of that is the highest security and it's to the also in single cells. About half of the prison beds are medium custody there was a mix of single cells and there was also double cells and dome account for the largest account of this, as I mentioned to you when you were authorize those add on facilities you built a series of 504 bad domes after a thousand dead prisons to gain maximize the efficiency of the space so that 30% of the beds and the systems are close and medium custody single beds, and I think the department has talked over the years about some of the challenges of trying to get more folks into dorm settings to save that bed space for the more difficult offenders. I've got a question. In terms of like folks that have been on drugs, aren't there some, and I'm looking at this average of $79 a day, I guess he is, yes $79 a day. Aren't there some cheaper alternatives out there? And that's not to say that like if a person convicted of a drug offense he needs to do some time, there's no question. But I'm talking about trying to get them individuals some help, some out care. Is that out there? Representative Johnson, are you talking about while their needs are being  No, no. I'm talking about. [xx] in custody? Right, but what I'm saying I'm just looking at the cost per day and I'm saying not to to turn from them doing kind I'm saying like in other words as the person to say convicted of a crime how about having a drug offence to say 10 years, do we need to pay for 10 years or is there maybe a situation where they can go into it drug people this person maybe having a drug problem and am just curious to know. Commissioner David Gays without questions JJ representative fantastic question am going to ask an expert solve and then to address that issue. She doesn't act on jeopardize area, and I think we have some responses for you. [xx] department of public safety. I'm representative. We do offer treatment programs while folks are in custody but you're correct that on many of the programs that are available in the community are cheaper. However as a process, as folks complete their sentence we do transfer and we further spoke to those programmes on those community after they completed their sentence and we try to provide services while they are incarcerated then we also try to connect them when they get back to their county needs provision to get back home with aftercare and those types of support so that they continue to progress and hopefully not come back to prison. Do you have any idea what the average cost or something like that would be, you want it in statistics well $879. It really depends on the cost relevant safety, it really does depend on the type of service that we are talking about so their is different types of after care some are longer some are shorter so it doesn't really depend what they go to in the community in terms of that cost but that's something that we could provide for you but I don't have that OK. And the follow up. How long do we follow them? Come in for the recite months per year as far as I think bring that to me? Oh okay. In judging your inflation to moisture out how long are we responsible to Nicol Selman Departmnet of Road safety,

it 's primarily going to be that time of post relief supevation. So as long as they are in the derpartment's supervation, we are certainly managing and monitoring their progression with thier case point, of course we work with a numbe of partiners in the commnunity and stay in touch but in case of our obligations, that doesn't in what people come in offer supervation and we typically transfer folks back to those community case managers after their time up is being completedwith that. And let me just, I gues I gues, I will look at this numbers and you tell them about 38, 000 cars per years to house one person and I'm just saying, maybe it's me but I have to look at these numbers and say well, is there something cheaper? I understand what I am saying now. I am not saying don't punish the person that committed the crime how but long do we go? I'm talking non-violent person because we should make sure that we have a [xx] with those violent people and some movement but a person that is out there onlove, is a posibility that it could be built tilled because ultimately they are going to get out unless they committed murder or something, they're going to get out eventually. And so that's the thing that I'm really concerned about, I'm saying can we, because we are going to have an unlimited amount of money to spend on housing someone and we get to kind of segregate those individuals somehow, that is [xx].  If I may respond Commensurate David Gas, on correction juvenile justice, you exactly a right representative, and that was a castle behind the work he was in 2009 ended up in a culmination of the legislation that was passed the Justice Reinvestment Act if you can recall back then we had incarcerated in the state about 42, 000 inmates and we've been able in that short period of time to drop that to drop that to around 37, 000 and the focus has been on making sure that we incarcerate the right people for the right amount of time. And those that the difficulties whether it be a substance abuse or just issues with learning disabilities or mental health issues e. T. C. Ensuring that we get them to the right location whether that be while they're incarcerated or in the so the progarmming pace that we have designed be countertive behaviour invention CBI is all about trying to address those underlining issues as to why someone made a poor decision when they made it. We are where through is a better way and that's exactly the path that we are on and as we look closely nationally stage are following on North Carolina for leading the way and we do understand that it's very expensive to incarcerate folks and the numbers that we are looking at that average daily amount. That's the cost of clothing, feeding, monitoring treatment et cetera, while they were there. If we have them under supervision in the community, it's going to could be a lot less than that. In fact, Anne do you recall the daily costs as $3 or $4 a day, $5 a day, so we're we're all on top of it, just like we're sharing with you. I think we're headed in the right direction. Again, it's just all of us working together in the criminal justce family which is all lovers to address this needs and concerns, thank you sir. Do you hava any ideea how many of these folks are in prison, are they just re-using drugs or being used not as sellers but just users, are there numbers available We can get a breakdown for you, for your but I would, I've heard the numbers in the past as far as information guides that only 7% are in the prison or for assault or for the most violent crimes, is that correct? 58% of prison population are there for A through D felonies which are sort of personal injury, crimes against people. So the idea of structured sentencing is low level folks either serve the community or short prison sentences and save the best for the folks. It gets them that stacking effect as you get a lot of A3Ds. There as were never going out. So there's 1200 of those folks I believe currently in the system

so that stacking effect is kind of what drives up some of those long stays. And just quickly to wrap up the point that [xx] asked about earlier, it's about $30, 000 to help the medium custody inmate, and about $25, 000 for a minimum custody that has more to do with the dome, but as Commissioner Guy is testifying I'll be getting into momentarily so what drives the cost of that sytemic is not only the custory cost, it is also the progaming costand the health caes test that we will be talking about some next week. So getting in the custom security, part of the budget, some of 13 thousand individuals about $725 million, if 88% of it is personal services, if people it guards, in impression officers detective seven prisons, are located in four region's, around the state and the custody staff, accounts at 91% of that one, to that category is also the superintendence, and the assistant super attendance, who are in charge of custody, the people who run, the present facility and the present units. This very hard to read list I cant tell you how long it took me to get these quizzed on the one slide this is the pressing closures and consolidations since 2009. There have been 25 closures and consolidations including five consolidation patients which a consolidation is when you, the prison unit does not close but the management of that is managed elsewhere like and some counting correctional that closed Brown Creek is nearby and so Brown Creek the super intend to Brown Creep runs both facilities so the 25 units that are closed including most recently fountain correctional. That's been a bad lose of 4600 beds but all due at the same time authorized those utter line units as a self in bed prisons. So there has been in that lose over a little over 18, 000 beds during this time period. Claims in the position reduction that had taken place in the same time period, 2009/10, they closed seven prisons and eliminated some vacant positions and some work crews 2010, you provided some medical positions of the new hospital at Central and women's prison here in Raleigh. 2011 there was a closure of four additional prisons, elimination of some vacant positions and then you added some positions back to again as you were opening up these new dorms. 2013, you closed five additional prisons and last year you closed two additional prisons and removed the remaining misdemeanants from the prison system. [xx] clothing. Wondering how the staff reductions have correlated with gangs in prison, have they seen a rise in the gang population as they have seen a reduction in staff. Mr chair I'm going to ask someone from the department to comment on that. Good morning [xx] on prisons, we have not seen a or not the spike in prison gang activity occurred well in advance of the most recent closures and the staff reductions have not, I don't think members impact whatsoever on our combative nature that we have inside with STG Groups. We're currently working through lots of different alternatives but the staff reductions, as far as reductions were concerned just about everyone of those reductions were offered a vacant position somewhere else. So we haven't really, we've just been back-filling our vacancies. Thank you. The fleet service including the [xx] $73 million, most of that accounts for supplies. Last year there were 42.4 million meals served and zero cups of coffee served. In 2011 to save money the department saved $686, 396 by eliminating coffee and sugar from prisons. There's also a source of receipts that goes into this budget, it's mainly from the Inmate Welfare and Corrections Enterprises Program as well as work release inmates who go out into the community they pay a per diem cost for that. What was that? How much money did they save by not offering coffee? I'm sorry $686, 396.686, 000? Yes. 300.

$396, that's in 2011/12. And we're using that funding for the coffee here? Inmates kids have constitutional rights you do not. And my team is scolding me, I cannot believe that I have harassed the department for so many weeks, and I have changed this light so many times, down the line you'll see what you'll be served if you were incarcerated today and I ca not believe, and this is one of my favorites, my son was rolling his eyes last night while I was showing him, here's what's for breakfast in prison tomorrow. So the bottom line one of this is it cost $2.82 to provide a regular meal to an inmate today and here is part of the reason this is what's one of the things that's very exciting about the prison system they've developed internally a food software system that manages menu's recipes and asdoed four caffen to cut down on the food ways. Collection enterprise collects almost 25% of the food waist. There are five different type of diets in the presence of in concluding medical diet as will us dealing with allergies, 70% of the population is on a regular diet and their is a card swipe system and you can see Joe Fraser[sp?] dabbing his eyes in the corner shedding tears thinking about it. There was implemented in 2013 that actually if you're an inmate you go to prison, you swipe your card it pops out on your screen and tells you what kind of menu you can have that also manage food cost as well as medical cost so that people can't get extra food as well if you're on a special diet you can't get sort of the high fat high calorie diet that you might want that day, it's very, very exciting If you are also talk about I thing with tool central prison in New York [xx] more healthier menu which will the health custom. So one of the things that the prison dietitian do is obviously they have to follow the USDA guidelines but they try obviously and make sure people are served appropriate diet today for instroduce molasses into the system which is an excellent source of all gas can be viloent. All gs can be violent. And they also serve a lot more, the texture of your [xx] also serve what are called [xx] all things like culturals and we used to get into things lkike that help exapnd the field budget if you will. Bathing and clothing, we spent about $ 20 million, the number of clothing issued last year was about 1.8 million articles of clothing, 160, 000 sheets. Clothings change twice a week, there are six different types of uniform colored within the prison system. The bedding is changed weekly and towels two times a week. They spend about six million dollars on a laundry service which is handled by correction enterprise the safe keeper program. This is a slight transition from the regular prison system. So, safe keepers are county prisoners who cannot be held at the county level, either because they're an escape risk, they're violently aggressive, protection of other inmates, they could be females or 18 years, or younger and are [xx] or they can have medical male health treatments. So, a judge orders them to be sent to health at the at the state system and the county pays $40 a day plus extraordinary medical costs to do that. There is a cap of 200 inmates, state why there were 957 entries as of last fiscal year, and as of where there is a population of about 193 inmates. As of March 15th there are 15 counties that are in arears of over 150 days or longer, and paying the state, and that accounts for about $1.7 million. So, we're thinking about having some kind of work release program to have inmates go collect that [xx]. That's in the planning stages right now. About10 counties, the counties accounts for abut 91%, ask with me., to come fro 39% of their mission though mision cure program. One of the things that happened last session is the prison used to be divided, system used to

be divided up and the five regions post a female command so lots of services were served down regionally last year as part of a budget reduction, you all closed one of the regional offices, eliminated the and so they reconfigure the state, there are now four prison regions througout the state. Thank you. I'm curious now, would you give us a list of the counties that are owing for the safety? Yes, madam I'll be more than happy to revive that list or I'll put it on the committee website if that's okay. Thank you . Facility maintenance as part of this regional aspects there are 56 prisions that range in age from three years to 131 years, the approximate 400 stuffs that are in charge of facility maintenance. 33 %prisons have on sight facility maintenance and the other facilities are then are then taken care of by regional maintenance staffs and they support your electronic intrusion system the from their fencing telephone, electronic cameras, fire alarms and all the prisons at the 12 Juvenile justice facilities two substance abuse facilities and is enver to two CRVs they also provide some construction crews take care of small and medium projects and also work with any construction program. One of the proposals in the governor's budget is to add electronic contrution system at Honic correctional if that indeed goes through there will be four pvisions left that will not have an electronic contrution system one of them being central and I think that has to do obviously with the nature of this dissolution design. There is also some private maintenance in the state in 2006 there was a maintenance contract in order to keep and keep correction at three of the 1, 000 bed new prisons more rebought T and table through this time period there have been some two 60 year contract and some renewals the contracts was related to two of the facilities at the end of December and one facility is this April. The departments responsible for repairs at these facilities over $5 000. Below that the contract is responsible. As part of 2012 change in the contract the vendor was removed from responsibility for maintaining the electronic intrusion system, video surveillance and the telephone system. Their contract is about $2.99 million. Did they lower the contracts or they took the responsibility away? No, Ma'am, there was actually, they received in the flesh, year increase over 1.5 increase. And now prisoners trying to do this transition transitioning to some issues about correctional officer issues for the next few scribes. There're about 9, 500 correctional officers their starting salary is a little bit less than $30 000. They work in 12 hours shifts. It's 171 hours over 28 day period, don't ask me to explain how that works, we can get someone from the department to do that if you like and there is a series of special pay associated with this, there's obviously over time and that accounts for about $16 million last year expended. Part of the over time issue is we look at vacancies and challenges in staffing prisons. Prisons have to be covered 24/7 so somebody's got to fill that post. Question. Can you hire 10% of the extra fences. [xx] so extra spenders would you be able to say the fact of 10% of your position to employ ex-offenders, in custody staff, sir? Not custody, maintenance, I know the certain certified stuff have to be approved criminal Just of training standards commission, and they have to approve a certified physician, and you cannot have committed a felony I know and certain misdemeanors preclude people, outside of the certified staff I'm going to, if you don't mind Mr. Chair, differ to the department about the remainder of those folks. David Guys, Commissioner, [xx] Juvenile justice, I would say it would be very difficult to do that, even in those non-certified roles, you're

working in a secure setting that if you're in programming or in food service, it would make it very difficult, we possibly could look in, we do hire I believe in some substance abuse areas house service facilities, so I believe that we're doing some of that now, what percentage that is, I'm not sure but we could check and let you know on that, but 10% would be very difficult because a large majority of those are correctional employees or employees in certified or non-certified positions within the prisons, so that would be very difficult. While you're there just to follow up on that linking back to something that you said, you said earlier about the outside contracts. Do you all screen these outside contractors to make sure they're not ex-offenders? And if you're not screening them, what's the difference in having an outside contractor that hasn't been an offender and actually hired one? Same difference there, it's a common end. So my question is, are you screening your outside contractors to make sure that they're not ex-offenders? Thank you, Representative Commissioner David Guise. Officer[sp?] of Corrections J. J. The answer to your correct question is yes there is a screening process that one goes through. The only outside contract that we have there that was previously shown on the previous slide had to do with prison maintenance and this was an arrangement that when we were building these 6 facilities, staff and facilities some years ago. The decision was made at 3 of those facilities would be a private maintenance contract of those 3 and there should be a process that would be able to awarded that private maintenance contractor along with our staff that just vet those employees and if they use subcontractors likewise they're vetted That can be part of the contract, that [xx] the contract. Yes, that is, it's a secured facility so that is necessary Follow up. I'm thinking we're doing all we can to correct and change behavior, as was saying to public that these individuals have been rehabilitated to the extent so they can return to the community. You tie that back into the common vision we had all gained yesterday, when this individual, return to the community, not even a bi em call then the gang approached me and give them the [xx] to make income to create a life. So we have a cycle here that's feeding itself we're investing a tonne of money into this system and I think that where we can we ought to maybe being able to take it a step further because [xx] to resolve a situation then the incercaration period for the year so and then to release planning now what happens to that individual when he or she returns to the community. Has back into our recidivism which keeps, keep it exceptional. If I might add to [xx] guys a dock correction if it up. Represenatative if you exactly write back when I was a sitman in your chair we pass legislation on the House Bill 641 I believe, that provide a certificate of relieve for inmates or folks and the community when they are released from their obligation. That certificate of release provided an avenue for that certificate to be given to the individual and then be able to give that to their prospective employer that showed that they had completed their obligation. The other thing that I would encourage the committee if you want to delve into this is we need to look closely at, and I know you've heard ban the box, but it's very important

for us to take a look at areas where those applications, people don't even get a chance. They complete an application, that application thrown straight in the trashcan simply because a box has been checked and no one does any work any further. Those are the types of things that prohibit folks from getting jobs, and we see that as we work with them and work with the challenges everyday, but there are some things that we still can do and need to look at doing legislatively to correct some of those areas. Thank you, Sir. Thank you. We'd like to move ahead try to wrap this part up [xx] I wish I can ask them the question if the department had ever hired felons as employees as I understand several years ago you could be a convicted fellow and then still get a job with BOC and when did that policy change? Commissioner David [xx] corrections juvenile justice, in talking with my staff they advised me that you were exactly correct in the past that we have on the policy and the policy has not changed and we have some in none sort of add positions that are working like in program means that would be potentially in the community or in a setting that we deem appropriate. We also have some of the engineering and other support sections. Again, these are support sections are non sort of private positions, but then that is not changed, and I hope that I didn't imply that before. So, thank you. To be a you a [xx] officer you have to be at least 20 of years, have a high school diploma or GED and to be US citizen and we would talk a little bit about the screening process. When you apply, you have to complete a reading comprehension, test as well there was a [xx] video assessment which sought of test your reaction to certain situations and then they are currently piloting something called the cope heart which is a physical fitness assessment that's currently being done in two regions. So one of the big challenges that you all have sought have touched upon is there currently almost 1300 vacancies in the system, and talking with the folks at VPSHR, they are approximately 12000 applications that are received annually, and I'm getting false information from them about the filters as you go from an application to people getting green to how many people actually get interviewed and then obviously end up with the job, I think it's a very interesting cycle through the system. The time between hiring and basic training is 137 days, it's takes 160 hours of basic training, last should complete about 1800 and the last there are about 13000 new individuals certified by the Criminal Justice Training Standards Commission, this number [xx] training academy that we've talked about a little bit, phase one is going to have a commuter school for correctional training and that will happen in July of this year last year they had about 65 basic schools to complete this around the state mainly at the at the Soledad Summer Camp, Edneyville and Sellinburgh. This is a staggering shot and I couldn't find a way to get it a darker blue than this, but just want to show you over the past five year's, either through the retirement's are voluntarily separations, there's been 8, 000 vessels the positions turned over, this includes, from correction Officers, all the way up to the Captain the ships supervisory level 90% of them are correction Officer's, so they've had to replace eight thousand position's, over the past five year's it's about an annual, internal rate of about 14%. This are also the assaults, for the past five years, I think somebody, some athletic conditions, within the facility leaving about 41 hundred talks on staff, and this gives you the percentage, of assaults per one thousand inmates. Changing gears, and talking about some changing, and talking about gears, and estimated heal thing, as part of the Justice reinvesting guy's, alloted to one of the changes was prior to JRA all inmates who served sentences of 90

days or less were in county custody justice reinvestment change and people who lessons are longer than 91 days certain state system. Jerry changed that to have inmates who are sentenced to 91-180 days, would serve their sentence in a county facility [xx] to voluntary participations by the counties. So working with the sheriffs association they've identified counties that have excess jail bed space who want and can receive inmates, some counties, don't look to, in the program or don't have the bed space, don't participate. So the Sheriffs Association helps manage the flow of inmates there were two court costs established in August, the 2011, to pay for this program. A District Court cost accounts right 53% of it, and then the improper equipment, court costs accounts for about 47% of it. There's currently a challenge by Richmond county to the improper equipment, court costs, and currently that case is, there's oral arguments heard last week, and the court of appeals. And regarding the constitutionality of that is define or as the state contains it is a court cost a rulling is expected some where to forward to six months posibily and then whatever the outcome answer will be appealed to the supreme court. So 91100 days last year you all changed, expanded the program to include all the [xx] longer than 91 days will serve their spinantes in the county facility and effective October 1st 2014 and in the expense it includes the DWI offenders they used to server the assendantsin the state system, but they were not part of structural cncenssing, they were the listeners and the structures last year. And maybe just I apologize if this is somewhere your presentation. At some point do we anticipate filling up all the county jail beds, and if we do what's our fallback position because at that point to the extent we would have to do something. And do you have any idea how how many available jailbirds there are and where we're at in that and like we have a thousand fields or wherever is that in this slide For the next slide sir, OK. Alright. Perfect, so this is the program since May of 2012 the high monthly capacity or the monthly use was 762, the low was 564 so 2014 the average bed capacity was over 1700 beds and to answer your question sir, if the program goes away tomorrow or there are no more bed space there no stock come back to the state. Follow up, that 1700 capacity is that all county jailbirds or just those that are dedicated to the program?   Thank you, no sir it's all all counties that are participating in the program because they can to volunteer participation, some counties are sydinate and some receive, and some say I don't want to be involved in this program and they're not thank you Mr. Chair that was very, very important question that he just asked, because we do have counties across the state that are building jails based on the population that they are serving and they are going to be full at some point and we are going to have a back roll we need to logic. Representative Granit I think one of the very important tenates may think that the confirmong progra is it valonteer type special by the cocunties when the bill was originally drafted, there was concern there was not going to be an unfundermented to mistake things current issue is supposed to mean it's goo day, how abou it? That's why the two court were established to pay for the program and so I think some counties want the extra inmates, some don't, they will not then about, wherever half the counties are receiving counties It can be voluntary, I will have a map for a moment of the counties that are You are always in defect it will always be our responsibility [xx] forceful down with count? Then I would recommend, have a motion, that we can't try that a local government contract to provide that custody. Represantative Gram here is actually how the programme works, you two are just setting me up perfectly we should go on the road together, 2011

and 12 the highest population living a little less than 5, 000 and how the programme works counties are paid $40 a day for pausing they are paid the actual medical cost and then the transportation cost and personnel time to go and pick the inmate up from their county for the mirage for that and so what you'll you see in 11, 12 when Fargo first got started it was about $1.8 million. 11/12 it was . 9 million dollars [xx] to about 10 million dollars and so far this year the [xx] in January has been about 44, 000 so that's the program out of cost and then the administrator of costs during the program has just said the sheriff association wants the program originally start I was saving 10% of revenue from the programmer before I got started and your past provision a couple of years ago 2013/14 that kept that $1 million. Since that time they've received $5.9 million a door correction receives 1% of revenue they've received $840, 000 and has also been some nonrecurring and a few recurring transfers from that part of money to a general funds including the $1 million transfer you see in 2013/14 that's the transfer to the shares of training and standards commission heard and transferred to the general fund which is used to support thank you Christine I fell shock in my spine. This use to support sheriff in rest commission which help freed up money to support the criminal justice raining centers commissioners is supported by a court cost. After February 15th there is a 20 million dollar cost ballots. Here are the, from the end of reports to receiving, and sending counties. Counties that volunteered beds are in the red, counties that have not volunteered beds or in the blue. And I can send you this in a larger format because it's a little difficult to read. Quick you said $20 million cash? Yes sir. Go ahead. I'm also go ahead I am sorry so the court cost the sql cost was what was established the two court costs that were established started in August the 11th they just stopped receiving inmates until January 12th to help build up the cash balance. And so that money is currently just sitting the general fund and the sheriffs. What purpose follow to be useful? It would be used to support this program especially if the Richmond County court challenge court prevails, there could be one 47% of the funds were no where to be available so that's the $29 million cash balance, we've also expanded the program to include all misdemeanants and the duty price folks and those folks are just starting to sort of filter into the system. Sorry thank you. Special fund sir, not the general fund. In the follow up when we adjust the misdemeanors when we added all the misdemeanors and DWA I'm going to answer the department what did it go from? Miss Chair I can Ok, maybe. There was an estimate with the ISMB come up with, is additional 1, 034 individuals was that figured was used in the budget, the additional population, that was posible. So quickly some listen because this might be a perfect palace and then we can [xx] OK this on on Tuesday, any question brought forward? Before we agree to leave before we leave I like when you all know [xx] that is why [xx] are added [xx], Thank you Mr chairman there you go that's commissioner Doll Clarkson JJ, started the witness Jregorys Deputy commissioner adiminstration. I used to say was my thin couhnty bu the

doesn't like that but he very smart with numbers and that just a great job. Auguen Hoverly one of our deputy director of prisons very important role that she plays our deputy commissioner for operations, field operations is still most that I don't know if I'm getting [xx] estate people or not, but that kind of covers the field there. George director of prisons long standing employee just does an exceptional Job as director and he's my right hand man and I really appreciate what he does, he's one of these folks that you can count on, he's always going to tell you what the right thing is, he doesn't tell me what I want to hear, he tells me the right thing and I appreciate that. Deputy Director to prisoners Kenikie Lassiter. Mr. Lassiter is another long standing employee. Both these gentlemen came right up through the ranks, started [xx] and worked through way up and I appreciate his leadership, thank you, Kenneth and Nicole Sullivan. This is her program certainly, we've given her different titles but she's been and around a long time in fact, when I was in the legislature she was the person I contacted, it seemed like on an hourly basis that helped keep me on the right track as we began working through justice reinvestment but Nicole does an exceptional job with us, also we've Ann, Director of Community Corrections. She does just as wonderful a job and I took over for TM, and then we brought Anne in, and Tim and I think Anne's probably doing a better than either one of us ever did as director she's doing a good job. We've got others from the department here, Andy Brandon of course, is our governmental affairs person. He would be here on a daily basis working here with you guys, if he's not I need to know about that. Ryan Coombs is his boss and he's our leader with internal affairs, and we appreciate the job that he's doing, of course we've got some folks here also with ILE and and we just appreciate you guys, and I'm looking around to see if anybody else floated into the room but that's us, and anything we can do to help you, at any time. We want to know what your background is. Well, for all these, I think 33 years I've worked for my wife and I still am. I began many years ago, 36 or so years ago doing an internship with the department right out of college, started one of the lower level positions within the agency. I remember making about $7, 200 a year and I helped set up cases in court, and worked her way up through the ranks and retired once, had the tremendous privilege of being able to serve in the North Carolina legislature two terms and was asked by the former governor to come back as a director of community correction snap implement this great legislation that we passed in 2007 and then honor from governor or ask me to take over the term position we are humbled by the opportunity to serve and look forward to helping you folks anywhere we can we truely believe that this is a partnership on source and family very important to us state local e. T. C so it's important for us to get it right and to do it right when he had reached down and ask those who do the work each day they helps us and that' what we are trying to do. And we truly do believe we can make a difference in lives the offender population we can make contact with we believe that we wont be inproduct, to be better off the more resave them that's the most important. Thank you. Thank you and representative Johnson I would encourage Miss Elevan they've the model to cognitive behavioral which I've been inducted to and they've telling me cognitive behavioral and I'm on their role model there working on. She's doing a great Job and they have seen great outcomes of when people are released, [xx] want to leave a comment this time that I've been here, I've been a first [xx] a the presentation in terms of the staff and this, hearing from commission guys, I really appreciate you, I think you're doing a great job, I think that staff that you have around you makes me feel a little bit more at ease because I've always had this thing about, how the prison population exploding amount of money but we look at the numbers, and in effect the matter is that they're not farmers, they're saying that and just to tell us what we want to hear, they're telling the truth and I appreciate [xx] In all

that note if anybody in fact in a land or tour are the essential prison or whatever. Would all be interested? Anyone? And we can also land towards the other prisons as far as Caldonia, wher what percentage the food. There are probably 60% of the food they're producing themselves, the inmates. That'ts going to be on Tuesday. Okay. Don't go.  Alright anyway,  we can have tours or we would like to go any member can ask the staff that you would like to know more about the behavioral programs. They will take you. That's your right to go and but we will sit up two hours in the future, if that's okay with you or usually we'll have to on Monday mornings or Monday afternoons before we start the session that night. Alright, any other follow up? Today is Thursday, we get to go home thank you all, have a great weekend be safe. Thank you