Senate Budget and Fiscal Review Subcommittee No. 5 on Corrections, Public Safety, Judiciary, Labor and Transportation
- María Elena Durazo
Legislator
The Senate Budget Subcommitee number five on public safety, judiciary, labor and transportation will come to order. Good morning. The Senate continues to welcome the public in person and via the teleconference service. For individuals wishing to provide public comment, today's participant number is 877-336-4436 and the access code is 725-2315 sorry, the access code is 725-2315 we are holding our committee hearings, and I ask all members of the subcommitee to be present as you are in room 1100 so we can establish our quorum and begin our hearing.
- María Elena Durazo
Legislator
We have five issues on today's agenda covering several key issues in the state prison system, including wages, unemployment, canteen costs, communication and visitation, programming reentry and parole. Most of the items today are informational, and any action items will be held open so no votes will be taken. We will take public comment on all items at the end of the hearing. Before we hear presentation on the issues, consultant, maybe please establish a quorum.
- Committee Secretary
Person
[Roll Call] A quorum is established.
- María Elena Durazo
Legislator
Thank you. Thank you very much. Okay. Let us begin with item one, wages and employment. We will begin with CDCR. And we have with us Tracy Johnson, acting warden, Folsom State Prison CDCR; Michele Kane, assistant general manager, external affairs at CalPIA; Rusty Bechtold, assistant general manager, CalPIA Workforce Development Branch; Vera Martin, CalPIA participant; and Kenyatta Kalisana, CalPIA participant. So we will have Ms. Johnson.
- Tracy Johnson
Person
Good morning, Madam Chair and members of the committee. My name is Tracy Johnson. I'm the acting warden of Folsom State Prison. Thank you for allowing me to speak on this issue. So, currently, CDCR has approximately 44,000 paid jobs in the institution. Jobs are broken out into a couple of different categories, including support jobs like cooks, dining room workers, custodians, and clerks. That is about 70% of the jobs, and those are the lower pay ranges between eight and 37 cents an hour.
- Tracy Johnson
Person
And we also have about 30% of our jobs, which is what we consider like an industry level. Those are the firefighters. We have literacy clerks, offender alcohol and drug counselors, and plan ops positions. So we have plumbers, electricians, carpenters. So the incarcerated persons, they complete a career technical education program, which is primarily in our building trades, and then they receive an industry recognized certification at the end of the program.
- Tracy Johnson
Person
These individuals are placed in one of the nearly 2000 plant operations positions or intimate day labor positions that we have actually getting work experience. So the graduates have the same knowledge and skills for the trade that they would equal to, like, a first year apprenticeship in a union. So these are the jobs that really lead to the success upon release. And so these are the higher paid level jobs.
- Tracy Johnson
Person
As noted by Secretary McCumber during a previous hearing, CDCR is currently doing a work and pay evaluation. This evaluation is going to analyze the number, the type, the time base and the pay of the jobs within our institutions. So, for example, many of our jobs are considered full time at actually six and a half hours a day. This actually limits the time that these individuals can be programming, going to rehabilitative or education or self help programs.
- Tracy Johnson
Person
So we feel it's more advantageous to maybe split these jobs into two halftime positions, making a higher wage, allowing the individual to work three to 4 hours a day. Then they can go and they could take a two hour substance abuse life skills program. Then they can go and take a two hour education class to work on their high school diploma, GED, or a college class. There's even self help programs that they can attend.
- Tracy Johnson
Person
So going to a more halftime work model for the support positions and then really allowing more programming is more advantageous. So this is just one component that we're reviewing. We are anticipating that this evaluation should be done in the next couple of months, but we're also evaluating the pay for conservation camp firefighters. We know the benefits for conservation camp firefighters that they bring to the community with wildlife, wildland, fire response, rescue operations.
- Tracy Johnson
Person
There's also benefits to the offender with training, certifications, and the ability to apply for state, federal and private firefighting positions. So this is the evaluation that we're doing currently. We should have this done in the next couple of months. So this concludes my presentation. If you have any questions, I'd be happy to answer them.
- María Elena Durazo
Legislator
Okay. For now, we'll go on and then come back for questions. Okay. Next we have. Michele Kane. Yes.
- Unidentified Speaker
Person
It should light up.
- Unidentified Speaker
Person
Is it lit up?
- Michele Kane
Person
It's lit. There we are. It was lit. We're here. Technical difficulties, we're good. Good morning. Chair Durazo and committee members. I'm Michele Kane, CAlPIA's assistant General manager for external affairs. First off, we want to thank you for inviting us to share this valuable information about CalPIA. CalPIA, or the California Prison Industry Authority, has been around for a long time. We have been around since 1947. It was formerly California correctional industries. It was renamed CalPIA in 1983. We are overseen by an 11 member board.
- Michele Kane
Person
It's similar to almost a corporate board, but many are appointed from the governor, the senate, the assembly, labor. The secretary of CDCR oversees our board. Our mission is to provide rehabilitative job training to incarcerated individuals for successful reentry into the communities. We're just about changing lives. We are about reducing recidivism. Through our partnerships with employers, unions, and with CDCR, we are able to provide those rehabilitative job training to all the individuals in our programs with a goal.
- Michele Kane
Person
Our number one goal is to make sure an incarcerated individual never comes back to prison and has a livable wage when they get out. We want them to provide for themselves. We want them to provide for their families. CALPIA provides job training programs inside all the prisons. Statewide we provide about 6500 incarcerated individual positions right now, we have 4738 being filled at this point. There is a waitlist for our programs. CAlPIA partners with CDCR in the committee review process and that waitlist is maintained by CDCR.
- Michele Kane
Person
CAlPIA has some incredible programs and all of our programs and enterprises have industry accredited certifications attached to them. In addition, incarcerated individuals can earn milestone completion credits up to 12 weeks a year. Some of our programs include computer coding. We partner with the last mile. We have Autocad, Revit and inventor. We partner with Autodesk. We have a dental lab. We have optical labs. Participants can earn certifications from the American Board of Opticianry or they can become dental technicians through a productivity training corporation.
- Michele Kane
Person
We have a braille program where we partner with the Library of Congress and the National Braille Association. We have a commercial dive program. You're going to be hearing from Kenyatta soon. We partner with the associated of Diving Contractors International. Guys in our program at CIM and Chino, they learn underwater welding. Underwater welding. It's amazing. They work out in the Gulf, they work out in the Pacific. They have successful careers. They can get out of prison and earn six figures.
- Michele Kane
Person
Our healthcare facilities maintenance program, you may have heard HFM, that is very successful. We are at all the prisons statewide right now and the graduates go through a TPC training program. They learn how to clean at a hospital level. We make sure that they learn how to clean bloodborne pathogens, hazmat. They learn all of these skills that they can go out and be successful. We have guys working in hospitals right now, Scripps Hospital. We have guys working in dental offices.
- Michele Kane
Person
We have women actually owning their own cleaning businesses. We have metal fabrication, welding. We have many in our enterprises learn how to drive a forklift. We have guys working at Costco, Home Depot. They learn that Overton Forklift certification. They get that certification they get a job. It's wonderful. We also have pre apprentice programs. Our pre apprentice programs. They are amazing. We have pre apprentice carpentry, pre apprentice construction labor, pre apprentice roofing, pre apprentice iron working.
- Michele Kane
Person
With all of our pre apprentice programs, we partner with the trade unions. Once an individual graduates from our program, we make sure that they sign up with that trade union and we pay for their first year of union dues. We also provide their tool belts. We provide them with a new set of tools so they can be successful when they leave. We have 180 positions right now in our pre apprenticeship program and the total graduates from this program, 347 since 2019.
- Michele Kane
Person
Of course, that was with COVID and all. Now in California prisons, incarcerated individuals can achieve apprenticeships while working for CalPIA. It's through a partnership we have with the California Department of Industrial Relations, Division of Apprenticeship Standards, Das. CALPIA has established an apprenticeship system with all CDCR institutions. To earn a completion certificate, apprentices must have a minimum of 2000 to 8000 job related hours of job training. They also have to have 144 hours of curriculum.
- Michele Kane
Person
As of last month, there are 3250 incarcerated individuals actively registered for CalPIA State Apprenticeship program and 2373 have been awarded an apprenticeship completion certificate by DAS. That is incredible. They can put that on their resume when they get out. Examples of some of those certificates include coffee, roaster, maintenance, mechanic. We even have data entry clerks that graduate with those certifications. Recidivism study I want to briefly highlight the recidivism study. I think we passed it out right beforehand. You should have it in front of you.
- Michele Kane
Person
This study was completed by the University of California, Irvine. It shows incarcerated individuals who participate in CalPIA. This is the recidivism study. We have fewer rearrest, fewer reconvictions and lower return of custody rates. This study compared those who participated in our programs to those who were qualified to but did not participate in CalPIA. We didn't want to do a recidivism study comparing just CDCR to CalPIA because that's apples to oranges.
- Michele Kane
Person
We wanted to show this recidivism study that there is a waitlist, these people qualify, and then we can compare those people to that waitlist. And it wasn't just 1020 people. No, we utilized 8600 formerly incarcerated individuals. UC Irvine tracked down 8600 and what they found is if they have this job training, 15% only went back returned to custody. Guess what that bigger number is? 85%. 85% with job training did not come back to prison. That's huge.
- Michele Kane
Person
The results showed that participation in CALPIA is associated with reduced offending overall and now I spoke way too long. So here's an update of our reentry pre release support as well as our joint venture program. Here is Rusty Bechtold. He oversees workforce development for CalPIA.
- Rusty Bechtold
Person
Thank you Michele. Here's my mic. Today I'll be providing some information on several workforce development key projects directly related to CaLPIA's joint venture and re entry preparation the Joint Venture program, otherwise known as JVP, is a partnership with California business nonprofits that provide real world job opportunities for incarcerated individuals to gain valuable work experience, job skills, and training to have a successful reentry. The JVP currently has seven active business or nonprofits involved in the program. There are 40 job assignments associated with those JVPs.
- Rusty Bechtold
Person
The recent Covid-19 restrictions impacted business decisions and accesses to the space and site institutions of recent which created some slowdown to the JVP growth currently. The businesses and nonprofit participants are job areas of electronics and circuitry panels in Chowchilla, modular building construction in Lancaster, e waste and recycling in Soledad, commercial laundry in Solano, crops in Susanville, 3d knitting in corona, and a vertical hydroponic farming set to go in Chowchilla.
- Rusty Bechtold
Person
The JVP employers shall pay the incarcerated individual employees a wage comparable to wages paid by the employer to nonincarcerated individual employees in the similar work. Net pay distribution is unique for JVP. The individuals in the program are required to pay federal and state taxes. The remaining pay is then distributed as the following: they have 20% for CDCR room and board personal another 20% for personal or local crime victims restitutions and fines. Three, they can put 20% for family and wage garnishments.
- Rusty Bechtold
Person
Number four, which is a big one, is this mandatory savings account of 20% and the final 20% can be used for institutional personal use. The individual can reenter their community with an average of around $7,800 upon their release from their savings account, plus they also get those real job skills to continue with meaningful employment. Each incarcerated employee pays restitution regardless if they owe it or not. Some of those contributions go back to the local crime victim programs near the institution.
- Rusty Bechtold
Person
Annually, the JVP program individuals provide an average of about $47,000 a year to those crime victim groups in those areas. Some of the reentry preparation and support CALPIA provides in prerelease, the CALPIA developed the IEP otherwise the Industry Employment program in 2001 to enhance the ability of CALPIA participants to obtain meaningful jobs upon release, thus reducing recidivism and contributing to safer communities. CALPIA requires factory supervisors to prepare and evaluate job skills, experience, education, work habits acquired by these participants assigned to those enterprises.
- Rusty Bechtold
Person
CALPIA work assignments allow participants the chance to obtain and apply the skills and experience in a real work environment. CALPIA participants also develop a valuable work portfolio that can be used by the parole, parole agents and employment specialists for the job preparation and placement upon their release. Some of the special projects that we've been working on here recently are the civil service job placement.
- Rusty Bechtold
Person
Govops started the prison to employment initiative, otherwise known as B to E. They asked CALPIA to lead the initiative with CDCR and other state partners such as CalTrans, the California Workforce Development Board, CalHR, and DGS. Our goal is to offer civil service, that is, civil service jobs, to incarcerated individuals just prior to release. We completed two civil service hiring events for the entry level CalTrans positions at a male and female institution. All the incarcerated, not just PIA, were involved in this process.
- Rusty Bechtold
Person
The team held town halls explaining the process. We set up computers to take exams and apply for these civil service positions, and then CalTrans actually went inside the institutions to hold interviews in person for the final selection. The positive results attained the past two events included 30 CalTran intent to hire letters and currently five have been released and are currently working full time in CalTrans civil service positions.
- Rusty Bechtold
Person
Due to the success of these prior events, CaLPIA plans to continue these events with the help of our partners and other state agencies. This project leads to the next part that I'm going to talk about and a more permanent, ongoing prerelease job placement. Our entry to employment network. The E to E network objective offers CaLPIA incarcerated individuals an opportunity to make a connection and obtain employment prior to release from prison.
- Rusty Bechtold
Person
CALPIA continues to lead the way in this institution job search capability and will be the first to offer this method of preemployment connection. It is the mutual desire between Calpia and the Employment Development Department EDD to assist individuals to obtain permanent employment. The e two e network will share an existing EDD platform and database, as we know is called Cal Job services. These will be inside the institution and available to them prior to release.
- Rusty Bechtold
Person
CalJOBS, again, is a web based job assistant system operating in a secure desktop connection and kiosk at a secure CALPAI location. The network will provide incarcerated individuals access to most CALPIA job tools but will not allow access to Internet based websites, email, direct messaging, and applications. The incarcerated individual will receive full access to EDD's CalJob systems at the time of release.
- Rusty Bechtold
Person
This full access will allow a seamless transition to receive further EDD services, connect to local American job centers or AJCs, and access to all their own resumes and employer contacts that they developed in their incarceration. CALPIA plans to pilot this e two e network project in July and anticipates to roll out to 13 institutions in the next fiscal year. My final comment here is going to be our transition to employment program, which helps with the reentry part before they're released.
- Rusty Bechtold
Person
CALPIA's industry employment program, or IEP, that we talked about earlier, developed a process in 2022 just recently to electronically share incarcerate individuals what we call transition to employment. CALPIA is employment documents that I mentioned earlier, training certificates, apprenticeships, pre apprenticeships, work history, et cetera. This development allows the re entry individual and outside support to quickly know skills, knowledge and abilities to help find the right job for the right person. CALPIA started first with CDCR's division of adult parole operations, or as DAPO in Southern California.
- Rusty Bechtold
Person
For the pilot, we partnered with DAPO agents in providing a more successful reentry program and services by getting that information into their hands. We implemented a statewide model in late January 23. CaLPIA electronically has transmitted over 70 packages to DAPO agents statewide in the first four months of this program. This concludes my presentation, and I appreciate and thank you very much for allowing us to share that information with you today. Thank you.
- Michele Kane
Person
And CalPIA has hundreds of success stories of our graduates obtaining amazing careers when they leave prison. And that's what it's all about, I'm happy to say that we hire formerly incarcerated and the next person who's going to be speaking right now is a true CalPIA success story. Kenyatta Kalisana, he paroled in 2008 after graduating from our commercial dive program. He worked successfully in California and the Gulf of Mexico as a certified welder and a commercial diver. CalPIA had an opening last year.
- Michele Kane
Person
We had our senior navy chief retired and we were looking for a dive instructor, and it was really hard to find a dive instructor who wants to teach diving inside prison. And Kenyatta was so successful on the outside and he wanted to give back to this program. We hired him last year. He now works for PIA. He is doing great things, giving back, and I am so proud that he's here to speak to you today. So, Kenyatta.
- Kenyatta Kalisana
Person
Thank you, chair Durazo and senators. Yes, I came back to the program just last year, August, and it's been an honor to come back and give back to what started me out in 2008 with the skills that I learned as a commercial diver and welder, I was able to go out and continue my education, welding and getting certified. And I just came out running because I just wanted to gain all the knowledge I could and be the best commercial diver that I could be.
- Kenyatta Kalisana
Person
And it took me a minute to first get started because of some of the hoops that we have to jump through dealing with TWIC cards and certifications like that. But I was so determined to continue, and I wanted to get wet is what we call a splash dive. Get in the water, because all the blood, sweat and tears that we put through in dive school, you just don't want it to go to waste. And it's a brotherhood.
- Kenyatta Kalisana
Person
So, yes, I was able to go out into the gulf and successfully start my career and continue the career of commercial diving. I was successful enough to own a home, buy a home in the Gulf, which I still own today in Mississippi, and work here with some of my colleagues and some of the guys that came out of the program. Some of them have started their own companies here in California.
- Kenyatta Kalisana
Person
And it's just a beautiful triangle to get some of these guys that I'm teaching to continue the network and some of these guys that I went to school with who have started their own companies want to hire us Chino hands. And we have a reputation here in the Gulf, we have a reputation on the west coast as being the nitty gritty divers of the. So it's just one of those things that it's an honor to come back and teach.
- Kenyatta Kalisana
Person
We have a lot of stuff going on with the closure of the institution and stuff like that. But that stuff doesn't deter us from keeping the program going because we know what it means to people like myself and incarcerated individuals to get a skill. And this is like no other. This skill is unique because who else wants to get into the water and help build the infrastructure of bridges and dams and power plants and stuff like that that we work on.
- Kenyatta Kalisana
Person
It's very dangerous, but it's also exciting. It's something that you can take to your families and have some pride with yourself and supporting your families and making some good money. So, yeah, it's just one of the things that I just love coming to work every day, despite everything else that goes on. And some of these guys, when you're incarcerated in that situation, when you go to dive school, it's like you're not even in prison because it's just such a unique environment that we work in. Yeah. Thanks for having me.
- Michele Kane
Person
Thank you, Kenyatta. Thank you. You can be asking him questions, too, down the line here, another success story before this will be our last presentation, here is Vera Marin. She is a graduate of CalPIA's pre apprenticeship programs at the California Institution for Women. Vera, she is a rock star. She's a mother of six. Yes.
- Michele Kane
Person
Who climbed her way up the construction ladder as well as the carpentry ladder. She went immediately worked for Southwest Carpenters, and she is promoted from foreman to now she's project engineer for NEF construction in Ontario. So it gives me great pleasure to be sitting next to Vera Salcedo. But now Marin, she just got married, so we switched the name. So there you go. Go, Vera.
- Vera Marin
Person
Good morning, Madam Chair and members of the senate. Thank you for allowing me to be here and to share my story. So I was incarcerated. I was sentenced to 13 years of state prison. And with that amount of time, I started wondering how life was going to be once I returned. And I had a lot of fears of going home and not being able to be successful and not being able to have a future to provide for my family. I heard about CalPIA construction program.
- Vera Marin
Person
Try not to cry. I heard about CalPIA construction program, and I knew I had to get into that program. I never in my wildest dreams imagined a woman, a female, being on the construction industry. But there was an opportunity, and I knew I had to take it. I heard they were felon friendly, and I thought that was my avenue. That was my hope. So I did everything that I could to get to CIW, where the construction program was.
- Vera Marin
Person
I signed up, and it took me a year to get in. But I didn't give up. I prayed hard and I showed up at the gate every day, just like you would a real job. Showed up at the gate every day and talked to the supervisors there and told them that I wanted the opportunity. I finally got into the opportunity to take the program. I took the construction laborers and I took the construction carpentry just so that I would have more cards in my pocket.
- Vera Marin
Person
I really enjoy the program. I learned so much. And it wasn't only the basic skills of using the tools and the curriculum, but it was the life skills, the work ethic, and the confidence that I needed. And I knew when I was in that program that that's what I wanted to do. When I went home, I told my family about it. My mom was able to be there for my graduation ceremony. Never graduated before.
- Vera Marin
Person
I didn't graduate from high school, so it was a huge achievement, to have my mother sit there and to see me be successful, to complete something and give her peace of mind that things were going to be better when I came home. She was taking care of my children for me, so she was my angel. I promised all of them that I was going to make a difference when I came home, and I did. When I got out, I immediately signed up with the union.
- Vera Marin
Person
Three months later, I received my first phone call that I was accepted into a job. With the union, I showed them my certificate that I earned from CalPIA and I was able to start off at a higher level rather than starting off at the bottom. And from there I started working. Three months out, I got my first job and I haven't stopped working since. I went through my apprenticeship. Thankfully, I had the help of the tools to set me up.
- Vera Marin
Person
And my first year of dues took off a lot of the weight that wasn't going to be able to meet those needs. And the books that were required for the union. CalPIA picked that up and took that for me. And that was a huge weight because that was money that I could spend towards my children. And I completed my apprenticeship. I earned my journeyman certificate, and I was working as a concrete carpenter, building high rises, building concrete buildings, warehouses.
- Vera Marin
Person
And then I went to construction management and started working on schools. So we oversee the construction of schools with enough construction. And I started off as a journeyman. I went up to a foreman. Now I'm a project engineer, working my way up to be a superintendent. So I think back all the time, and I loved being able to come and share my story, to let other people know that it's possible.
- Vera Marin
Person
And it's possible because there was something there for me when I had no hope and no vision of a future. CalPIA changed all that for me. They were the foundation that I needed and the encouragement that I needed and the help that I needed when I got home. And now I could take care of my family, I could take care of my grandchildren. And I earn six figures, so I am able to livable wage, not have to have the worries and the burdens that normally would come without that help. Thank you for your time.
- Michele Kane
Person
And I told them, just speak from their heart and notice we're the ones with the notes, right? Look at them. So just thank you for hearing about our job training programs. And I'm so glad you allowed us to provide this information because I love sharing. This is the best part of my job. This is why I do what I do every single day. It's the success stories.
- Michele Kane
Person
And I get to see and interview and talk to the people that make it out of prison that are doing great things. And we need to share that more with the population. We need to encourage people and have that positiveness that just these people are shining lights of what the prison system is all about. They did it. Anyhow, I'm very passionate about this, and you can tell this is my purpose. This is where I have found it. Right? I left broadcasting for this, and I love this.
- María Elena Durazo
Legislator
You're a good broadcaster.
- Michele Kane
Person
Thank you. Thank you. But left the anchor desk and I somehow ended up in prison. But I love this. This is what I believe in. I know I can see a book. Okay. But anyhow, thank you again.
- María Elena Durazo
Legislator
Thank you. Thank you very much. Really appreciate not only everyone's presentation here to give us a clear picture, but in particular Kenyatta and Vera. Your life story matters because otherwise it's a bunch of numbers and words on reports that are given here. But without the life stories, it doesn't necessarily add up to what we're looking for. So thank you very much and congratulations on every level that you've reached in, in your life. Appreciate you. Okay, members, who wants to go first?
- Josh Newman
Person
Thank you. And thank you, everybody for being here, but especially the graduates. Really impressive. So I'm intrigued by the joint venture program, which. Interesting, but clearly fairly small. I'm showing 23 total participants across five programs. Is that correct?
- Rusty Bechtold
Person
Yes.
- Josh Newman
Person
And so I guess two questions. How does a company first become aware of the JVP, and then how's that promoted and how are they onboarded?
- Rusty Bechtold
Person
So we take a private sector approach in regards to the marketing of the joint venture program, attending trade conferences, trade shows, cold calling, reaching out to a specific industry that we think would fit behind the wall at the institution. We try to take space and try to match it up with the business.
- Rusty Bechtold
Person
So we take a private tier marketing approach of trying to get the information out to the private businesses the best way we can in order to get that message out so we can have the conversation. Because usually, as you can imagine, the first two sentences of a conversation about putting a business inside of an institution is very awkward in regards to their premonition about what that looks like and how they would do that. So we try to do a lot of one on one, having a conversation, explaining that, but that's how we market the program. What was the second part of your question?
- Josh Newman
Person
How do you grow it? I mean, it seems like, it seems like a wonderful concept, but there's 115,000 inmates or something right now. So how can we help you develop this program to some level of scale where it's not only serving those businesses, but providing those opportunities for gainful employment and experience for your inmates?
- Rusty Bechtold
Person
Having something just like this is the best thing to have to get the word out to explain that. Yeah.
- Josh Newman
Person
And so what are your plans? I mean, where are you in the sort of the development of this program? What's your carrying capacity or your goals?
- Rusty Bechtold
Person
Well, as we're probably not five, we're limited by space. And matching the space with a business, like most of the things are inside the institution is if somebody comes to us with 10,000 sqft requirement for light manufacturing, that's just not going to happen because we just don't have the space to put that kind of business. So we have to convert spaces. What's available? Where's the location? That's the part. That's the hard part to try to correct, is trying to match the business to a space.
- Rusty Bechtold
Person
We might find the space, but it's a 500 square foot closet and they just can't do anything with it because that's the only thing we've got for them in that particular space.
- Josh Newman
Person
Let me ask you a way. So if you have five current participants, what are your goals? How many applicants did you have to get to those five? Where would you want to be in, say, two years, by way of number of partners and number of inmate participants?
- Rusty Bechtold
Person
If we were to set out a goal, it'd be something like 20 businesses in two years with approximately 50 to 100 participants in that pro program would be a goal that we've always been shooting for.
- Josh Newman
Person
Second question. It relates to one of the products that CalPIA produces is eyeglasses, correct? Yes, eyeglasses. And my understanding is you're the sole source provider for medical funded eyewear.
- Michele Kane
Person
Yes.
- Josh Newman
Person
And so I've had a couple of meetings recently with practitioners, and I understand there's a backlog. Is that not true?
- Michele Kane
Person
That is not true.
- Josh Newman
Person
Okay.
- Michele Kane
Person
And I can show you all the data we're right now at. We average about a 4.4 turnaround time. And our redo rates, the quality of our products, it's less than 1%. And that is the industry standard. There was a little backlog, like all manufacturing across the nation, across the world, during COVID but we actually hired outside labs to help us with that, to make sure there was a little backlog. But we're now back to that 4.4.
- Josh Newman
Person
Okay. I appreciate it. I'm glad you corrected.
- Michele Kane
Person
Yes, we corrected it. So we want this program in place because it helps 420 incarcerated individuals in those optical labs. And that program is so sought after for the incarcerated because they learn how to become opticians. They can partner with the American Board of Opticianery, but they can also learn how to become. And I'm going to, hopefully, I don't butcher the name, optical techs. So we have guys working at Lenscrafters. We have guys working site for sore eyes.
- Michele Kane
Person
I have three gentlemen working for VSP, where we get our glasses, national vision. So they go on and work at optical labs, and they can have those successful careers. Thank you. Thank you, Senator Newman. I appreciate it.
- Josh Newman
Person
The record, at least for me.
- Michele Kane
Person
Thank you.
- Josh Newman
Person
Thank you.
- Kelly Seyarto
Legislator
No, I don't need them on right now. I wanted to go back to a little bit of follow up on his question about, you had said something about space, and that makes sense. Just like in the schools, when they run out of space for the kids, they have to accommodate them somehow. And one of those ways is they've used modulars and things like that. Would that be a helpful approach to trying to create more classroom and training space? Anybody? CDCR?
- Madeline McClain
Person
I'll start the question, and I'll turn it over to my colleague, Warden Johnson, for maybe more specifics about Folsom, since I know you had the opportunity to take a look at that. So as secretary. Sorry, Madeline McClain, Deputy Director for CDCR, as secretary McCumber mentioned in our hearing in early March, that's one of the things that we're looking at right now, is kind of doing that space needs assessment as far as, like, rehabilitative programming and these types of vocational programs.
- Madeline McClain
Person
So that's going on right now statewide. And we're hoping, like I said, in the next few months for that to be completed. And that will kind of pave the way to kind of take a broader, holistic look across all the institutions about what we need. And it may be spreading folks out, it may be doing those kind of targeted things, but that's part of that analysis. And I will turn it over to Warden Johnson to talk specifically about Folsom, since I know we did have a chance to tour that.
- Kelly Seyarto
Legislator
Yes, I did. Awesome.
- Madeline McClain
Person
Some space issues.
- Tracy Johnson
Person
So thank you. And I'm glad you got a chance to tour before the hearing. So, for Folsom State prison, because we are the second oldest prison in the state, there is definitely a space issue. I mean, my goal as Warden is really to get every offender into a program, and we used every classroom we can get. We've even seen some giant closets that we can convert into some type of programming space.
- Tracy Johnson
Person
And we look at programming space from 7:30 in the morning until about 8:30 at night. So we are programming all day, every day and on the weekends trying to get them into either a rehabilitative program, an education program, and we've got dozens of self help programs, so it's trying to get them to program and work all day to keep them from reoffending. So that's really the goal. Our problem is space.
- Tracy Johnson
Person
Now I can't say that for every prison and I think the space needs assessment would provide that, but for an older institution like ours, having modulars or additional space and being able to provide more rehabilitator programs would be definitely beneficial.
- Kelly Seyarto
Legislator
Thank you. Because it just seems to me that this is the chief reason that we have or the chief responsibility of our system rehabilitation and getting people ready to reenter the working world again. I had a couple of questions for you guys. Okay. Where would you be if you hadn't had access to these programs?
- Vera Marin
Person
I see a lot of people that have returned home and didn't have the opportunities that I had in there, didn't take the opportunities that I had in there. And I still see them struggling and I try to get them into the programs that we have out here just to give them an avenue. I really believe that if I didn't have CalPIA, I wouldn't have the life that I have now. I wouldn't have the future and the career that I have now for sure.
- Kelly Seyarto
Legislator
And while no one likes to be incarcerated, arrested, do you think that probably changed your life?
- Vera Marin
Person
Yes. I tell a lot of people I didn't realize the prison that I was in before I got arrested and I found so much freedom inside of the prison. And I believe that I was a better person based on the situation that I was in. And the outcome?
- Vera Marin
Person
The outcome is kind of hard to say, but yeah, I am very grateful for the time that I had to get me out of the situation that I was in before incarceration and just changed my whole mindset around and my whole perception on life and really built me up, not only the CalPIA program, but I said the life skills and I was determined to make a difference and make the pathway not only for myself but for others that come behind me.
- Kenyatta Kalisana
Person
Myself, I spent 10 years going through a revolving door of jails and institutions. I've been to prison twice. The first time I went to fire camp Susanville, came back probably about a year and a half and went back to prison trying to what I thought hustling what I thought was the easy money and so thinking I can support my daughter that way and so going back and finding out about PIA and the dive program and all that it has to offer totally changed my view it's like how come I didn't know about this sooner type of deal that's what propelled me to where I'm at today.
- Kenyatta Kalisana
Person
Even so I came out of decent I went to college I did all that stuff but we have and I know we're getting into now mental stuff going on but sometimes we get caught up and that's just the way it is so learning some skills with my hands I was able to defeat the odds.
- Kelly Seyarto
Legislator
You both have amazing stories and really sheds light on the things we can do to help people who have maybe gone down the wrong path or in a situation that if they don't get the help they need they'll never get out of and so thank you appreciate it.
- María Elena Durazo
Legislator
Well, success stories one after another. So I want to thank you all and congratulate you all for doing that. Just a few questions because as I try to understand all the service and the program is you have the non CalPIA and CalPIA programs. Right. And what are the differences in terms of job training and career development opportunities that you see? And what makes those differences?
- Tracy Johnson
Person
So on the page three, on the second table, it talks about 13,000, what they call industry jobs. Half of those are about our CalPIA jobs and the other half are CDCR jobs. So our Office of Correctional Education has a little over 20 career and technical education programs, which are what we used to call vocational programs. And they do a lot of similar programs. We don't have hydroponic farming, but there are things like carpentry, electrical, HVAC, welding.
- Tracy Johnson
Person
And now they're actually trying to focus on more of the computer driven, like desktop publishing and network cloud management and things like that. So they're constantly doing a reevaluation of the programs, determine the ones that have the highest profitability during employment. So we do a lot of those education programs to build into plan operations jobs where they can actually get the work experience. And then when they do get released, then they can work with the unions.
- Tracy Johnson
Person
And then the other thing is the firefighting jobs with the Department of Alcohol. There's the offender mentor program, which they actually become alcohol and drug counselors. It's a couple of year program and then it's a higher paid job. They can make up to $2 an hour. So there's a lot of those higher paid jobs and that's part of the 30% that we talked about. So with that, we're really trying to focus on gaining more programming as well as education, which is key, and the rehabilitative programs to get the substance abuse and the life skills. Does that answer your question?
- Michele Kane
Person
And we partner with the trade unions. So with all the unions, we partner with our pre apprentice programs, also with employers. And we have the industry employment program, which is very successful in contacting an employer. For instance, I get emails just from folks that are out need. I need help with this, this I send them to Rusty and his Department.
- Michele Kane
Person
And so they get them on a list with an employer that's looking for a welder or in the place where they are paroling or they've returned home. So we try to get that connection is so important, right, because we want to make sure that they have a livable wage when they leave prison. And that's what it's all about. We don't want them just making minimum wage. We want them to have a career.
- María Elena Durazo
Legislator
Yes, Josh.
- Josh Newman
Person
So kind of relevant to that, I think we have in the analysis, we have a list of pay scale and positions in the comparative, like CDCR versus CalPIA. Why wouldn't they be the same? Why wouldn't the pay scales be the same across both kinds of work?
- Tracy Johnson
Person
To speak to that. So the first pay scale that you see is the lower level pay scales. Those are the 8 cents to 37 cents an hour. And those are the support jobs. The second table, which is what they call industry jobs, those figures actually are PIA jobs. Like, half of those are PIA jobs. Half of those are CDCR jobs.
- Josh Newman
Person
We're talking about this page.
- Tracy Johnson
Person
Yes.
- Josh Newman
Person
Okay.
- Tracy Johnson
Person
Yes. And so those run anywhere from 45 cents up to 2 dollars an hour. So offender mentor, are those at $2 an hour. A lot of your plant ops positions run about 65 cents to 1 dollar an hour. Literacy mentors, which are your tutors, they can run about the same. So this actual scale includes both.
- Josh Newman
Person
Am I reading it wrong? So it's not true that a CALPIA position, the same position pays more per hour, or is it true?
- Tracy Johnson
Person
It depends on the position.
- Josh Newman
Person
I see. So then this is a confusing chart. Okay. Appreciate it. So it is not because there is a difference or a distinction being made between the type of program it has to do with the work and not whether or not it's a CDCR sourced job or managed kind of work versus CalPIA or does CalPIA pay more?
- Michele Kane
Person
Well, we are a self funded program, so we don't take any money out of the General Fund. Does that make sense?
- Josh Newman
Person
No, that's not my question. It's just like, if I'm an inmate, I assume you probably want me to gravitate toward these more innovative programs, but that might be a good reason. But it seems from our analysis here, it appears that the typical job pays more for a CalPIA position than it does for a CDCR position. Is that true?
- Tracy Johnson
Person
No, there's about the same amount. So what we could do is we could take this table and actually split how many of those 13,000 jobs are PIA and how many are CDCR. So, for example, a plan ops job at a lead level, they could be making this pay level one, which is 80 cents to 1 dollar. So about half of the positions in each of these.
- Josh Newman
Person
So then I just have a bad chart in front.
- Madelynn McClain
Person
No, sorry. I apologize. So what we were trying to do is we grouped them together for a reason, is because they make the same. So plant operations positions are similar to the ones that are CalPIA positions and they make the same pay.
- Josh Newman
Person
Then it's just. This is confusing to us because one is titled CDCR Pay Scale. And the other is titled CalPIA Pay Scale.
- Madelynn McClain
Person
And it says includes both CalPIA and industry jobs. So we should have put it probably helpful to put a CDCR industry jobs. That's what you mean.
- María Elena Durazo
Legislator
That's what you mean by industry - means CDCR.
- Josh Newman
Person
To us might mean something else.
- Madelynn McClain
Person
And just for a reference, we had a budget change proposal in 2018/19 that changed the pay scale for plant operations positions to make the pay scales similar to the CalPIA.
- Josh Newman
Person
So the goal is actually.
- Madelynn McClain
Person
Yes, Parity.
- Josh Newman
Person
All right. But that has not yet sort of worked itself out.
- Madelynn McClain
Person
It has.
- Josh Newman
Person
It has. All right, then this is just a very confusing chart and we can move on.
- Madelynn McClain
Person
No. And we can work with the consultant again, it's all about how you slice and dice the data.
- Josh Newman
Person
Otherwise it seems relevant to conversation. I thought we were having about one set of jobs versus the other, but we're not. This is still edifying. So thank you.
- María Elena Durazo
Legislator
Just a little bit more in terms of the pay scales there. And the top one is all CDCR. Yes, the top chart here. Yes, it's all CDCR.
- Josh Newman
Person
See, it's even confused the Senator. She is much smarter than I am. So that's proof.
- María Elena Durazo
Legislator
But you catch things. And so with those plus some other number in the lower chart or CDCR. The vast majority, well, at least over half are on the lowest paid. Right. 8 cents to 13 cents per hours. Okay and then if you take the other two at 8000 each, those are 11 on the low end to 24 cents. So anywhere between 8 and 24 cents an hour is the - pretty much the vast majority of the CDCR jobs.
- Josh Newman
Person
And I have to ask one last question. The 13,000 in this chart is a subset of the 44,000 in this chart, is that correct? In addition to.
- Tracy Johnson
Person
It's in addition to.
- Josh Newman
Person
Yeah, we need a better chart next time.
- Tracy Johnson
Person
Yeah. We could provide some additional information. What you're looking at is like, for a job level five. I think this chart actually includes some non paid for jobs in here. But the level five, those are your inmate porters, is that we call in the housing units that do the cleaning. They could be a dining room worker working in the yard. So it's your very lowest level. A level four would be somebody like a Clerk and they want to work up into a higher level job and then get themselves into a program where they can't get into an industry job.
- Josh Newman
Person
Okay. I just hope next time we have a clear set of data.
- María Elena Durazo
Legislator
In terms of the wage scale, how do you determine the wage scale and how do you decide or who decides? How does this wage scale, does it get adjusted? Is there a routine sort of way of adjusting it? Tell me more about how you end up there and how it can.
- Tracy Johnson
Person
So it's built based on the actual position and it's built on the Department of Labor. I think it's occupational transport. I can't remember. They call it DOT, but it's from the Department of Labor standards. And so they do the analysis based on the Department of Labor standards. And that's what builds into each one of these categories, whether it's a labor or if it's a lead person, based on that position, they would put it into specific categories.
- María Elena Durazo
Legislator
As far as the classification?
- Tracy Johnson
Person
Yes, as far as the classification.
- María Elena Durazo
Legislator
Not the amount, not the wage.
- Tracy Johnson
Person
The wage has been built into our regulations for several years.
- María Elena Durazo
Legislator
You have another question?
- Josh Newman
Person
It's on the same subject. Okay, I'm sorry, Senator. Eight cents an hour is the lowest level pay for level five labor. Where did that come? Why eight cents versus 20 cents? 30 cents trued up for inflation. Why that number? Especially when a significant portion of whatever money is earned over time is going to go toward restitution, why eight cents?
- Madelynn McClain
Person
That was the amount that was determined. And again, it was part of our regulations that went out. And so that's our standard right now. We are funded for the jobs through our annual population adjustment. So there's this base amount that's built in for every incarcerated person for this pay.
- Josh Newman
Person
So that's based on funds available and how those are distributed as opposed to accounting for inflation over time for instance.
- Madelynn McClain
Person
Correct. We call an allocated rate. Or the adjustment is basically the cost to basically house and feed an incarcerated person and for the job. So, yes, it has remained static, and that's what Warden Johnson was talking about earlier, is that wage review that we're working on, and it's kind of reassessing and all the different job types. Like she mentioned that 70% of the jobs are in this lower eight to 37 cent category, and most of them are full time jobs. So maybe it makes sense to, instead of having 50,000 full time jobs, to have 25,000 half time jobs at double the pay so that they can.
- Josh Newman
Person
Or maybe it makes sense for us to provide you more money so those jobs are meaningful, especially by way of incentivization. Go ahead, Senator Seyarto. I appreciate it.
- Kelly Seyarto
Legislator
Thank you. Is the goal of the program to get people that are incarcerated, trained and ready to go out into the world or to focus on how much money per hour you make? Because it seems to me along the lines of what you were saying is if that money is more concentrated, in other words, you raise up the wages, you're not going to create a living wage situation in an incarcerated environment. I have the floor. Thank you.
- Kelly Seyarto
Legislator
And so what I would like to kind of ask you is, so if they raised up their wages, what happens to access to programs for the other individuals? Because, I mean, for the prison population, because if that's the trade off, I'll take more access for that. Unless, as my colleague was saying, there was a significant investment by the state to create more wages. And I'm not sure what they would do with that beyond what we're doing with it now.
- Madelynn McClain
Person
If I can try to answer this, definitely from a broader perspective. So we want to be cognizant of General Fund resources and so at the same time we want to be able to provide offenders maximum opportunities. Again, I think we've all recognized that our current number of jobs, the makeup and type of jobs that we have, that's been around for years and years and years. And that probably doesn't make sense now in this changed world where we more focus on rehabilitation.
- Madelynn McClain
Person
And so what we're looking at is, yes, we're recognizing that wages haven't changed, but we're also trying to be cognizant of General Fund resources and providing offenders opportunities to do both. Think of it as managing a lifestyle. When you get out of an institution, you have to get up in the morning, you have to go to work, maybe you go to school at night. And so it's that bigger, broader look. It's not so much as the wage. While we recognize that the wages haven't changed in several years. So that's the approach that we're trying to take.
- Kelly Seyarto
Legislator
Thank you and CalPIA, do you have any thoughts on that?
- Michele Kane
Person
Yeah.
- Kelly Seyarto
Legislator
She pretty much covered it?
- Michele Kane
Person
She's covered. We're good.
- Michele Kane
Person
We're good.
- Kelly Seyarto
Legislator
Awesome.
- Josh Newman
Person
And Senator Seyarto, I'm sorry to interrupt you, but I do think there's a context here that's interesting. So one of the witnesses actually mentioned the dual challenge or the inmates consideration of programming versus work. Clearly there's a question here about motivation or incentivization and what's the right level of set of incentives?
- Josh Newman
Person
Not really about wages per se, about motivating inmates to go do work to gain those skills versus the perception that maybe a better use of their time would be programming that gets them an associate's degree or trained for something else that they might do later. But also within that, my understanding, is restitution. Right. So that is the primary source of restitution funds for an inmate, which must be a powerful motivating factor.
- Josh Newman
Person
And I would think at the lowest level, that's a lot of work versus something else you could do versus at a slightly higher level, you're going to start making a dent on your restitution obligations. So all of these things are probably relevant. And to your point, I do respect the desire not to impact the General Funds, but from our point of view, I think these are important questions.
- Josh Newman
Person
And I would say in this instance, you shouldn't worry about that because what we're trying to figure out as a Subcommitee here is what are the right sort of balances around allocations that actually satisfy not only your program needs, but get at that larger question about how do we position inmates to make the right choices during their time behind bars. Thank you.
- María Elena Durazo
Legislator
I'm still not quite sure in terms of how the wages are determined and there's a different set. And you said CalPIA is somewhat independent or quasi independent. You have your own board. Some level of decision making is yours alone. So how do we get at this issue? I think that, and I shouldn't be speaking. Maybe we ought to have our graduates here speak on this, but seems that when you make 8 cents an hour and 20 % to CDCR or to room and board, 20% to rest. That was not right.
- Madelynn McClain
Person
Sorry. It's 50% to restitution. They don't pay room and board.
- María Elena Durazo
Legislator
50 to restitution.
- Madelynn McClain
Person
Yes, 50% to restitution.
- María Elena Durazo
Legislator
20% was the joint venture. Okay, so 50% goes to restitution and then what percentage goes to room or board?
- Madelynn McClain
Person
They don't pay room and board.
- María Elena Durazo
Legislator
Okay.
- Madelynn McClain
Person
Correct. The balance is for them to use for things like canteen purchases or whatever they would like to use out of their trust account. There are other items that get paid from any deposits in their trust account, like if they have a damaged item or something like that. But generally restitution is the number. Restitution and child support are the number 1 and 2 things.
- María Elena Durazo
Legislator
And the services or the products that are made. Right. They're sold to or they're made for the state. Could you give some examples of that?
- Michele Kane
Person
Some of the examples. State hospitals, CHP. We work with Caltrans, DMV and CDCR.
- María Elena Durazo
Legislator
To do what? You work with them to do what? What do you do for them?
- Michele Kane
Person
So we provide some of the goods and services and only to government entities. We don't do private sector. So we're not private prison industry. Does that make sense? We're .ca.gov as well.
- Josh Newman
Person
I can give you an example. Our old chairs, before we got these new snazzy ones, the big brown chair that you had behind your desk, that was a CalPIA.
- Michele Kane
Person
And carpenters made the chairs and then we have upholsters. Yes. And I have a gentleman working down at California chair down in Ventura, and he's an upholsterer. So he learned that skill in the furniture operation.
- Madelynn McClain
Person
Ms. Kane, is it true that there's still the CalPIA catalog?
- Michele Kane
Person
Yes.
- Madelynn McClain
Person
So state departments, every state department can pull up the CalPIA catalog and purchase things like binders, chairs, desks.
- Michele Kane
Person
Exactly.
- Madelynn McClain
Person
All of that stuff is.
- Michele Kane
Person
And I want to point out that all of our jobs have industry accredited certifications attached to them. So that is huge. So even somebody in metal fab or license plates, what are they learning? They are learning - they get the Overton forklift certification that I mentioned. There's a lot of certifications. Heavy machinery operator. So they can learn how to work with machines. They can work with their hands. I say a lot of our jobs are the trades that you've seen kind of diminish in the schools, in the education system.
- Michele Kane
Person
But you see those trades, and those trades are so important because not everybody's going to want to go to college, right? Yeah, my husband didn't go to college, but I did. But not everybody. But that's the job training, the rehabilitative job training that we provide.
- María Elena Durazo
Legislator
Well, first and foremost, the fact that we're creating that opportunity to learn the skills. I think had those opportunities beforehand been available, maybe. Right. Some folks might not have ended up in prison, but once they're there to have the opportunity to do that, I guess I'm just trying to understand the finances behind all of this. And you sell the products back to the state, and so that's a good thing. It's not selling them for profit out there.
- María Elena Durazo
Legislator
But since the overwhelming majority of the CDCR are at such a low level, I'm trying to see what can be done to increase those wages so that there is more incentive. There is more of a sense of I'm getting paid more, I have more to look forward to. I'm not going to be here at 8 cents the whole time that I'm incarcerated. And if it's going to go towards restitution or family or fund savings, that's also an incentive.
- María Elena Durazo
Legislator
And it seems to me that should be part of, but I still don't and maybe won't answer it all right here, if you have a semi short answer to that. Otherwise, I would really appreciate. I don't have a sense of all the finances.
- Madelynn McClain
Person
Understood. Let me see if I can try it again in a different way. So yes, CDCR sets the hourly rate, and that's through our regulations process, but that's also governed by how much funding we receive per incarcerated person.
- María Elena Durazo
Legislator
Okay.
- Madelynn McClain
Person
So through our annual population adjustment, we receive $20 per person. And that covers like food and it's actually 76. I shouldn't use 20. I apologize. Food and clothing and payment for jobs. It's governed by both things. The rate is set by CDCR, which is governed by how much funding we receive per incarcerated person for that service. So again, I definitely appreciate your comments because it is definitely an issue. And I think we've definitely acknowledged this.
- Madelynn McClain
Person
With inflation and the cost of goods and the cost of services increasing throughout the state, I don't want to diminish that in any way. And so we're looking at the wage that is happening right now, but we're also taking a deeper level look, as Ms. Johnson mentioned, is that what benefits the incarcerated person the most? Right. And we're working with inmate family council and trying to get their sense and ideas as well. We're not trying to do this in a vacuum.
- Madelynn McClain
Person
And so, yes, is it maybe working a few less hours but making a higher rate so that you can go to mental health programs and do education so that you need those skills before you can move on to a plant operations type position? To get that higher level certification, to either go into a plant ops position or a CalPIA position, for that job certification, you have to have that base level of education and rehabilitation first. So that's kind of that bigger, broader, holistic look that we're taking at jobs and wages. Does that help a little bit?
- María Elena Durazo
Legislator
That sounds great. Yeah. Thank you. And then two last questions. One is, with regards to all the jobs, is there already or a way to get, as you mentioned, the certification? It may not be for the level of carpentry or being a diver, but many of these other jobs, since the overwhelming number are not in the more specialized areas, is there a way of getting some acknowledgment certification in that sense, a certification, even if you're at the labor level or technician level?
- María Elena Durazo
Legislator
Because it seems to me that's also part of the incentive. You have something to show for your work and that your work should be acknowledged in some way, either the number of hours or what you did. Does everybody get some version of a certification?
- Madelynn McClain
Person
No, they don't get a certification, but they do get that experience and to mirror kind of real world activity. So it's when you're in an institution and you're working, you have to balance your time, right? You have to say, okay, if I'm going to work so many hours in the morning and you're still learning a skill - I get being a job level five laborer, where you're cleaning a dining room, it's still a skill that is transferable on the outside.
- Madelynn McClain
Person
You could go be a bus wait person or cleaning the table at a restaurant. That's still a skill you're learning. While it may not be certified, it's still something that they are working towards and it allows them to work up the ladder to, okay, I'm going to start emptying the trash and then maybe I'm going to move on to this. As I get more experience and I complete my education and rehabilitative programming, those things go hand in hand.
- Madelynn McClain
Person
And that's something that CDCR is really trying to do is again, look at all of the pieces in totality and not just isolate them, because to be successful on the outside, you have to balance all of those things and you have to have all of those skills. So I don't know that there is certifications. I mean, we can definitely take a look to see if there is. I don't want to discount it for by any reason.
- María Elena Durazo
Legislator
I say that because especially in the time of COVID and others cleaning, there's specialized cleaning.
- Rusty Bechtold
Person
So Chair Durazo that for CalPIA. I'm sorry. All of our areas have a certification attached to every one of their jobs. So depending upon their level, obviously, is the level of their certification. But we have hundreds of certifications from general food handling all the way up to a certified welder. So depending upon what job level they're at, we do offer a certification at basic level all the way to the high level for any of our PIA factories and enterprises.
- María Elena Durazo
Legislator
Great. So we do that at CDCR. And just final question for our two special guests, Vera, and, um, Kenyatta is there any specific thing that you would say with regards to all that we've talked about that you think could have been done differently to help you? Anything that would have just helped you better, especially with regards to the training and what led to your being so successful after your release.
- Kenyatta Kalisana
Person
Coming back into the prison and teaching and seeing what the individuals are going through that get released, coming out of the program, there's still some hoops that they have to jump through and the reentry programs. Commercial diving is so unique and it's a small industry, which is the good thing about it. And with our program and with me is, I don't just say, all right, see you guys later. Bye.
- Kenyatta Kalisana
Person
I have to get involved with these guys on the outside because of my contacts that I've made over the years and all our contacts. So we have a guy that got out and paroled to Susanville, and he wants to dive. So there's no diving going on in Susanville. So he changed his parole and came on down here to Long Beach, is where he's staying, and he's in a halfway house working at Taco Bell. So, you know, I had to get in contact with my guy, Pham, who came through the program, who owns his own dive company, and say, hey.
- Kenyatta Kalisana
Person
We got him. He's working at Taco Bell. Let's get him prepared, get him ready. And then one of the things we have to do is they have to go through a dive physical. They have to do this and that and the other, which requires money. They have to have their wetsuits, they have to have that stuff. It's a reentry experience that they have to learn and do that.
- Kenyatta Kalisana
Person
And if you don't have a good network or a good home base, someone out there watching, helping you out, it's kind of difficult to continue with that stuff because it requires money. But like I say, if you make the decision, not you want to dive, hey, the guy's working at Taco Bell so he can get up the money and get what he needs so that he can get out of Taco Bell and go dive somewhere.
- María Elena Durazo
Legislator
So we can do more on those services.
- Kenyatta Kalisana
Person
Yes, services like that.
- Vera Marin
Person
So I started off my first position inside of the prison at 8 cents an hour working in the kitchen and had to pay restitution. So it was difficult because my family couldn't take care of me. So I was always on the indigent list and getting the free shampoo and soap that I could. And then working my way up to a lead position in the kitchen, making 24 cents an hour as a lead cook.
- Vera Marin
Person
And I appreciated all the skills that I was learning. As she said, it was teaching me the skills that I needed - transferable skills to take everywhere and the hard work that paid off of going from8 cents to 24 cents. That was a huge achievement for me having a lead position. And like I said, I heard about the CalPIA program, and it wasn't the wages that encouraged me to get that job.
- Vera Marin
Person
It was what I was going to learn in that program. I didn't even know it was a pay scale. And so that wasn't my vision, that wasn't my goal. I just wanted to get into the program so that I would have something to help me when I went home. And there was no other programs like that inside the institution.
- Vera Marin
Person
If there was more programs that helped you with reentry, I'm not saying how to be like a CALPIA program, but more help with the pre entry reentry into society, that would have helped a lot. But knowing that there wasn't anything there, and I've seen a lot of people walk to the gate not knowing where they were going to go, and I've seen a lot of them come back, I didn't want that for me. So I made sure that I made a way to make sure that I had something when I went home, and that's why I chose CalPIA.
- María Elena Durazo
Legislator
Very helpful. Thank you, Senators.
- Josh Newman
Person
Yes, I have one more question, and I'm sorry to belabor this. We've talked a little bit about wages. I have a question, really about, I guess, management. We've had prior hearings. I've had other conversations with inmates who've talked to attention that relates, as I mentioned earlier, to how they allocate their time programming versus work, where they've said, in the case of work where they have not been given the flexibility to amend their work schedule so they could do the kinds of programming they thought was important for their post reentry plans. So to the warden or to CDCR generally, how are you thinking about that right now?
- Josh Newman
Person
So as we emphasize work, there's a whole nother sort of body of effort going on around emphasizing programming that they intersect somewhere. Do inmates who have a job, how are their hours determined? To what extent do they have an option of modifying those hours to make sure that they can actually do both work and also participate in the kinds of programming that they think is important?
- Tracy Johnson
Person
So a lot of these are based on our inmate assignment office. And so if you have a dining room worker, they will just schedule them for six and a half hours. And the computer system, our strategic vendor management system, if you're in six and a half hours a day, then you can't overlap that with a rehabilitative program. So that's how the scheduling works.
- Tracy Johnson
Person
So that's, I think, really the goal of this whole evaluation is to bring that six and a half hour full time job down to about a three and a half, four hour job. That gives them look, if we look at increased pay, that gives them additional funding, but it also gives them the flexibility to go to a GED or high school diploma class, to a community college class, to a life skills or substance abuse program.
- Tracy Johnson
Person
And so it really lets them do multiple programs at the same time. So with that flexibility, and we're looking at every single assignment - I've been assigned the lead on the project. We're looking at a lot of these jobs don't need to be six and a half hours. You don't need six and a half hours cleaning a dining room. We could reduce that time, give them a little bit more pay, but really help them to get into the programs that you're.
- Josh Newman
Person
That is encouraging, because I guess the backdrop of this is, it's not like me. You can't quit. Right? You can't be like, hey, I've changed my mind. I'm not going to work in the dining hall anymore. They're assigned that work. They are paid for that work. But it is challenging to figure out how the day plays out. But you're looking into that, and that's actually quite encouraging. Thank you.
- Kelly Seyarto
Legislator
Yeah, I think at the end of the day, I'm more interested in the outcome, like these two people over here, than all the details of how you get there. Because that's why we hire wardens, is to cause that outcome. And our goal is to give you the tools you need to make that happen. The more successful outcomes we have.
- Kelly Seyarto
Legislator
That tells me that whatever you're doing, whether it's wages, working hours, or whatever it is, it's working, because if you want that outcome, they do have to get that. And you'll make adjustments on their working hours. And I trust that that's happening. And the way we know it's happening is we have these two outstanding people here telling us that it's happening. So thank you.
- María Elena Durazo
Legislator
Okay, well, we've had a very good conversation here. I thank you all very much. I congratulate you all very much. And we're going to work hard to make sure that CalPIA and CDCR get more resources so that we could have more of these outcomes, because that's really what matters, and that's what we're all looking for. Thank you all. We're going to move on to item two, the Inmate Welfare Fund. We'll have Ms. McClain and from the LAO's office, Ms. O'Neill and Department of Finance, Ms. Mendoza. Mendona. Mendonza. Okay. I never saw that. Never saw that version before. Okay, who wants to begin here?
- Madelynn McClain
Person
I'll go ahead. Good morning. Okay, so what I'm going to briefly talk about is the budget change proposal requests. And I know there are other questions surrounding the Inmate Welfare Fund and canteen, so happy to answer those questions as well. But generally, the budget change proposal request before you today is additional expenditure authority of 26.8 million to ensure that CDCR has adequate resources to sufficiently stock and maintain the institution canteens. Generally, the canteens operate in all correctional institutions and generate revenue through the sale of goods.
- Madelynn McClain
Person
Funds in the IWF are used to support canteen activities for the benefit of the incarcerated individuals. And these benefits include things like recreational and rehabilitative programming, supporting and supporting family visiting. Due to variance in the annual canteen purchases, CDCR is also requesting provisional language to allow the Department the ability to increase spending authority an additional 5% during the year and the ability to review and adjust the Inmate Welfare Fund authority through an annual technical adjustment.
- Madelynn McClain
Person
I just want to make sure, I reiterate here that the proposed increase to the authority does not affect the prices of the goods sold in the canteens. It just allows the Department to purchase those items to restock the canteen using its available funds. Generally, the markup on canteen items has stayed at 65%. Excuse me. And has remained that for quite some time.
- Madelynn McClain
Person
The revenue generated from this markup, like I said, is used to cover those costs of staff and incarcerated persons that directly support canteen activities and those purchase of goods. CDCR is in the process of evaluating the markup and anticipates the results of that evaluation to be completed in the early summer. Thank you for the opportunity to present and I'm happy to answer any questions that you have on this.
- María Elena Durazo
Legislator
Great. Ms. O'Neill, do you like to go next? Or Department of Finance? Whoever wants to.
- Caitlin O'Neil
Person
Thank you, Madam Chair. Caitlin O'Neill with the Legislative Analyst Office. We didn't raise any concerns on this proposal, but I'm available for questions.
- María Elena Durazo
Legislator
Thank you.
- Cynthia Mendonza
Person
Cynthia Mendonza, Department of Finance. We have no further comments on this issue, but we're available for questions.
- María Elena Durazo
Legislator
Great. Thank you. Thank you very much, colleagues, comments or questions?
- Josh Newman
Person
Real quickly, I'm looking at the analysis and there's a census. Incarcerated individuals rely on canteen purchases to supplement the often inadequate food and products supplied to them. There's a footnote and there's a link, but I would assume that is not the point of view of CDCR. That the products provided inmates is inadequate.
- Madelynn McClain
Person
Now the types of things that are purchased in the canteen are supplementary to the food and other things that are already provided to incarcerated individuals.
- Josh Newman
Person
Guess I've got a piece of paper, so I can't click on the link, but I'll look into it. That's sort of an editorial statement there. This is supplemental, right? Okay, I appreciate that.
- María Elena Durazo
Legislator
Yes, Senator.
- Kelly Seyarto
Legislator
So essentially what this is saying is price of goods have gone up. Our ceiling cap is preventing you from providing the same amount that you had before. And so unless we raise the ceiling cap of the overage, then there will be less goods in the store.
- Madelynn McClain
Person
Absolutely.
- Kelly Seyarto
Legislator
In the canteen for folks to buy.
- Madelynn McClain
Person
Correct.
- Kelly Seyarto
Legislator
Thank you. Yes. Inflation has affected everybody, including our CDCR.
- María Elena Durazo
Legislator
Yes. Okay. A couple of questions on that. How did you come up with the 65% markup rate?
- Madelynn McClain
Person
Sure. The 65% markup has been established, and I said it's been the same for quite some time. And it was the amount that was determined because the fund needs to be self sufficient, so it needs to generate enough revenue to cover all of its costs and not rely on any outside source.
- María Elena Durazo
Legislator
Okay. But the fund currently has a reserve of almost $50 million.
- Madelynn McClain
Person
That is correct.
- María Elena Durazo
Legislator
If the markup was meant to make sure that the fund was solvent, but you have a reserve of $50 million, what's the plan for that money? And why continue with the markup of 65%?
- Madelynn McClain
Person
As I indicated, that's one of the things we're looking at right now. And actually, we're almost completed with - finished with our analysis, and we're going to be speaking again with folks at the institutions and with inmate family council before we even implement anything, because this is affecting those in the institutions and their families. So we want to make sure whatever we do, whatever change that we make is supported by those individuals.
- Madelynn McClain
Person
And so I want to kind of highlight that the reason the fund balance jumped fairly significantly over the last couple of years because folks had more purchasing power and there were record deposits into the inmates trust accounts. And so we kind of had a year where we exceeded by far, I think we had a 28% growth in the terms of - in the number of items that we sold, whereas our normal annual growth is around 5%, 6% in the items we sold.
- Madelynn McClain
Person
So we definitely recently had a very large increase in our fund balance, primarily due to a couple of years of high spending. And so as soon as we were doing this BCP, this budget change proposal, we started doing that analysis to see what can we do with the markup so that we can spend that fund balance down. But whatever we do, we want to make sure it's sustainable over the long term.
- Madelynn McClain
Person
So what I don't want to have happen is reduce the markup to 0% for like eight months and then put right back up to 65. So maybe it's a hybrid, like going down to about 40% that gives incarcerated people and their family relief, but allows us to spend that fund balance down over a very long period of time so that the markup doesn't fluctuate. And so that's something that we're going to approach with. Like I said, the inmate family council groups to make sure that that's something that. Would they prefer that or would they prefer some other kind of option? But we are coming up with different analysis to support that.
- María Elena Durazo
Legislator
Yeah, because having that much money in reserve, I'm not sure what was the original purpose of it, just to have a cushion of that. But it's getting so high.
- Madelynn McClain
Person
Yes, again. And that jump in fund balance has just been over the last couple of years. But generally accepted accounting principles usually indicate that you need to keep at least two months in reserves, which is about 16.8 million. So if you take 16.8 million off, it's still not going to argue a substantial fund balance that we need to spend over. But around 17 million should be kept in reserve to cover two months of expenditures. That is standard accounting.
- María Elena Durazo
Legislator
And the amount the markup includes also the cost of staffing the canteen.
- Madelynn McClain
Person
Yes. So the revenue that's generated from the markup covers the cost. Both CDCR staff and inmate workers that work in the canteen, it covers their costs, their salaries, basically.
- María Elena Durazo
Legislator
I'm sorry, this is a little blurry. I don't have it exactly. Personnel services. What's that amount? It's a little blurry. This copy here to the chart more clearly.
- Madelynn McClain
Person
So it's about 23.5 million.
- María Elena Durazo
Legislator
That's the staff. The canteen.
- Madelynn McClain
Person
Correct. Statewide staff supports about 274 state staff and approximately 500 inmate workers.
- María Elena Durazo
Legislator
Inmate. I'm sorry, if you could just quickly.
- Madelynn McClain
Person
Sure.
- María Elena Durazo
Legislator
So there's friends outside visitor center contract.
- Madelynn McClain
Person
Correct. So yeah, the first item is canteen expenses, if you're looking at the fund condition.
- María Elena Durazo
Legislator
Yes.
- Madelynn McClain
Person
And that's 66.8 million. And that is to actually purchase the goods.
- María Elena Durazo
Legislator
That are going to sell.
- Madelynn McClain
Person
And then personal services. Again, we discussed the staff costs and then there are other items that are covered, what we call their rehabilitative programming. Innovative programming grants, victim impact grants that are covered through the Inmate Welfare Fund. And so that's what those next few items are. Our friends outside, DRP, innovative programming grants, inmate benefits, things like that. So inmate benefits is things like supplies for visiting the visiting rooms, athletic equipment, things that CDCR does not purchase or is not required to purchase for them.
- María Elena Durazo
Legislator
And pension liability expense. Whose pension is that?
- Madelynn McClain
Person
Generally so it's the pension of the workers that are paid out of that fund. So it's CDCR workers, state workers.
- María Elena Durazo
Legislator
So the personnel services that 23 million doesn't - that's not like full payroll cost?
- Madelynn McClain
Person
Yes, that's annual payroll.
- María Elena Durazo
Legislator
But in addition to that payroll, there's another pension.
- Madelynn McClain
Person
Correct. Of about $500,000. That we keep in reserves for that because we are required to make the payment. They're paid out of this Inmate Welfare Fund. So that right now, if most everyone else at CDCR, they're paid out of the General Fund. And the General Fund covers that pension liability. The same. It's the equivalent.
- María Elena Durazo
Legislator
Yeah. I just thought that all staff. All employees of CDCR were you know by our usual. Right. Memorandum agreements that are negotiated.
- Madelynn McClain
Person
Yeah. Correct. So they're paid from the Inmate Welfare Fund. So it's the same MOU type requirements. But they're paid from the Inmate Welfare Fund. So we show that on our fund condition statement. Because we're required to. This fund is audited every year by both state controller's office and the Department of Finance Office of State Audits and Evaluations. So it's a legal requirement.
- María Elena Durazo
Legislator
Okay. Thank you. Yes, please.
- Josh Newman
Person
Now I'm curious. What's the friends outside visitor center contract to the tune of a couple $1.0 million a year?
- Madelynn McClain
Person
I don't know if I have my spreadsheet.
- Josh Newman
Person
It's the line under personal services.
- Madelynn McClain
Person
Let me see if I have it. It's a program that offers. I'm sorry. I'm completely blinking. I apologize.
- Josh Newman
Person
But it's an outside contract with an outside entity.
- Madelynn McClain
Person
Yeah. That comes in and provides services to incarcerated folks.
- Josh Newman
Person
In addition to. So this is outside of staffing the canteen. This is something else that is included as part of the canteen's funding revenue flow.
- Madelynn McClain
Person
So it's an expenditure out of the fund because it is something that directly supports the incarcerated individuals. So it's a contract with an outside group that come in to provide services for incarcerated. Like innovative programming grants. It's the same thing. It's an outside group that comes in to provide cognitive behavioral therapy or any kind of.
- Josh Newman
Person
And it's funded out of the canteen revenues.
- Madelynn McClain
Person
Correct.
- Josh Newman
Person
And that's provided by a single vendor across the whole system.
- Madelynn McClain
Person
I will have to double check that. I am not sure.
- Josh Newman
Person
Not inexpensive. All right, thanks.
- Kelly Seyarto
Legislator
Thank you. So essentially, the canteen program and all of the funding for this particular Inmate Welfare Fund is well funded. You have a good reserve. So that when there are fluctuations, you don't have to come back to us to ask for more money. You can respond to those because some years there's good and then there's some years of not so good. But if you can go in here, everything works. And with this fund, you're able to provide some additional services like we were just talking about. And it sounds like a well run and well budgeted thing. Maybe you can talk to some of our state.
- Madelynn McClain
Person
I will have to give absolute credit to my accounting team that run this like I said our Inmate Welfare Fund is audited by both the state controller's office and the office of State Audits and Evaluations. And generally we have zero material differences.
- Kelly Seyarto
Legislator
When I say state, I mean the Legislatures. Okay.
- Madelynn McClain
Person
I was trying to.
- Kelly Seyarto
Legislator
Thank you.
- María Elena Durazo
Legislator
Okay, if there are no more questions, I think we've handled this. Thank you all very much. We're going to move on to item three. This is communication and visitation. And we're going to have Ms. McClain, Mr. Davis, Ms. O'Neil from LAO's office, Ms. Tomlinson, Department of Finance and Ms. Hewitt, Department of Finance.
- Cynthia Mendonza
Person
Ms. Hewitt is unavailable. I'll be here today. Cynthia Mendenza.
- María Elena Durazo
Legislator
Okay.
- Madelynn McClain
Person
I would just wanted to check with the Chair. Would you like me to cover free calling first and then wait for that discussion to end and then go into visitation? Or would you like me to do remarks for both write off at the same time.
- María Elena Durazo
Legislator
All right. It's best if you do all of them. Okay. Yeah.
- Madelynn McClain
Person
Hello again. I will first start with free calling. So SB 1008 requires CDCR to provide free calling to all incarcerated persons. The request the budget change proposal request before you provides 30.7 million ongoing General Fund and two positions to support the provision of SB 1008. The requested funding was calculated utilizing a mix of actual and estimated call data due to the potential variance of annual calling usage.
- Madelynn McClain
Person
CDCR is also requesting provisional language to augment or reduce the annual funding as actual data becomes available, as well as the authority to update funding levels through an annual technical adjustment. Just as a reminder, in addition to free calling, CDCR, through its communications contract also provides 15 minutes of free video calls every two weeks, and the 2021 Budget act included funding for an additional 60 minutes of free voice calling every two weeks and 60 electronic messages.
- Madelynn McClain
Person
The funding was reappropriated and CDCR continues to provide 60 free electronic messages per month for each incarcerated person. In addition to the free calling, just generally wanted to highlight that our current phone contract was amended very recently to go on a more tiered structure. So the first 45 million minute are 2.9 cents with tax and between 45,000,070 5 million minute it's 2.2 cents per minute with tax including tax, and then over 75 million minute it's 1.9 cents per minute plus tax.
- Madelynn McClain
Person
So our contract was recently amended upon the passage of implementation of SB 1008 and so our request does not include that right now and we will be adjusting it at the mayor revision to account for this change in contract. But generally, free calling is provided to all individuals and they still get the 60 free email messages per month from the previous funding going to visitation.
- Madelynn McClain
Person
Recognizing the importance of maintaining family and community connections, the 21 Budget act provided 20.3 million General Fund and 124.1 positions for an additional day of visiting and funding to support the reunification transportation bus program. The contract for the reunification bus program was executed in July of 2022 with service starting in September of 2022. CDCR was still under Covid-19 health and safety protocols during the 21-22 and 22-23 fiscal years and as such provided the additional day of visiting via a 1 hour video visits.
- Madelynn McClain
Person
Video visiting allowed for persons who are unable to travel to see their loved ones and for incarcerated persons to witness a variety of life events and experiences that would otherwise be unavailable with in-person visiting, such as child's birthday parties, family pets, and school projects. Video visiting occurs in the same location as in-person visiting and requires computers to be set up on visiting room tables.
- Madelynn McClain
Person
CDCR staff must verify the identity of the caller and monitor the video calls during the duration, which provides the same security complement as in-person visits. Due to space limitation and other factors, video visiting and in-person visiting typically occur on separate days. However, I will note that the Department will be switching to three days of in-person visiting in July of 2023, and that kind of coincides with a tablet rollout. Completion of the tablet rollout thank you for the opportunity to present on these issues. Myself and I have Mr. Davis here are here to answer any questions that you might have on these two issues.
- María Elena Durazo
Legislator
Okay, Ms. O'Neill, would you like to.
- Caitlin O'Neil
Person
Thank you. Caitlin O’Neil with the LAO we have recommendations on three different aspects of this proposal, all rather technical in nature. First, with regards to the proposed funding amount, in our review of the Governor's Budget, which was before the Department had renegotiated the contract with the vendor, we found the amount to be reasonable. However, we do note that it was based on limited calling usage data that was collected given the timing prior to the implementation of SB 108.
- Caitlin O'Neil
Person
And also, of course, the contract has been renegotiated since then to a new pricing model. So we recommend withholding action on the funding at this time and requiring updated data on calling usage to be provided at the May revision with the revised proposal. The second aspect that we have a recommendation on is the proposed provisional language. Specifically, the budget includes language that would allow DOF to augment or reduce the budget year amount based on actual or estimated expenditure data.
- Caitlin O'Neil
Person
And we found that this language is unnecessary and limits legislative oversight. And that's because the budget already includes a mechanism for the Department of Finance to augment departments budgets in the event of unexpected cost increases. That's item 9840. It includes 40 million across the state for expected General Fund increases that can be authorized by Department of Finance with JLBC notification in the event that 40 million isn't adequate.
- Caitlin O'Neil
Person
There's a process for DOF to come forward with a supplemental appropriation request, so we do recommend rejecting this proposed provisional language. And third, the Administration is requesting authority to adjust the annual budgeted amount going forward through a technical adjustment. And typically, the technical adjustment process, we find, doesn't afford transparency because it doesn't typically come with backup justification on the methodology or data that was used to submit to make the adjustment.
- Caitlin O'Neil
Person
So we would recommend instead that the Legislature direct the Department to adjust the annual level of funding for this item going forward using the existing population budget adjustment process, and that process through that process, the Administration typically submits methodology and information about usage rates, et cetera, and this would make it.
- Caitlin O'Neil
Person
Having that information would make it easier for the Legislature to understand whether the requested amount is justified, whether there have been any kinds of policy changes or other factors that might affect the need for funding, as well as just to provide oversight more broadly over this issue area. Thank you.
- María Elena Durazo
Legislator
Okay. Thank you. Ms. Mendonza.
- Sarah Tomlinson
Person
Sarah Tomlinson, Department of Finance. No worries. We just would like to note that the Administration acknowledges the requested amounts were based on historical data and projections and that additional data has become available that could potentially be used for refinement purposes. We look forward to more discussion following the release of the May revision. Additionally, a note on the provisional language. The administration's intent was not to limit legislative oversight, and we are open to working with the Legislature to refine the provisional language as necessary.
- Sarah Tomlinson
Person
Our priority is to have a mechanism available to adjust the amount available for SB 1008 implementation, given the potential that the amount needed to implement the legislation could exceed or fall below projected levels. From a technical perspective, the Administration does not find that item 9840 or a supplemental appropriation would be a viable option for funding augmentation related to SB 1008 costs. We would be happy to share more details on our specific current concerns if that would be helpful.
- Sarah Tomlinson
Person
These mechanisms are typically used for emergency or costs that are unknown at the time of the budget. Are unknown at the time the budget is enacted. It would be challenging to argue that these would apply in the case of enacted legislation, and the Administration is open to working with the Legislature regarding the best mechanism to adjust annual funding levels.
- María Elena Durazo
Legislator
No additional comments. Okay, great. Thank you. Thank you all very much. We're going to move on. My colleagues. Questions or comments? I got a few questions, if you would. I think this is for Ms. McClain. If you could talk a little bit more about the tablet rollout in terms of where it stands right now.
- Madelynn McClain
Person
Certainly. So the plan is to have all tablets rolled out by the end of the fiscal year?
- María Elena Durazo
Legislator
We have deployed all, but could you lower the microphone?
- Madelynn McClain
Person
I apologize.
- María Elena Durazo
Legislator
Thank you.
- Madelynn McClain
Person
We've deployed to all but 10 institutions. We're finishing up a couple in April, but the remaining 10 will be happening over the next couple of months before the end of the fiscal year.
- María Elena Durazo
Legislator
Did you mention July? You say the tablet rollout by July?
- Madelynn McClain
Person
Yes, sorry. End of June, 30 July.
- María Elena Durazo
Legislator
Okay. That's when all institutions will have them. Okay. And then talk to me some more about the in person and video visitation. How is that moving forward? You mentioned they get an hour free 1 hour free. Is that the no. 1 hour video visitation is 1 hour per how often per weekend.
- Madelynn McClain
Person
So there's video calling.
- María Elena Durazo
Legislator
If you can just explain it, because I'm getting it all.
- Madelynn McClain
Person
No, it's okay. So there's video calling. That happens on the tablets. And the current phone contract provides 15 minutes of free video calls every two weeks. 15 minutes every two weeks from the tablets. Those are video calls. And then the CDCR has three days of visiting Friday, Saturday, Sunday. And right now it's a hybrid where typically an institution generally will provide two days of in-person visiting and one day of video, 1 hour free visitation. So it's in lieu of that third in-person day.
- Madelynn McClain
Person
And that was instituted because of COVID So we wanted to make sure that individuals could still connect with their families. And so it was incredibly popular, the video visitation. And so we went to a hybrid model based on discussions with incarcerated individuals in meet family council. And so now with the tablet rollout concluding in June, early July, we're going to switch to in person three day video visits on Friday, Saturday, Sunday. And incarcerated still have the ability to use their tablets at any point in time during the week for video calls, video chats.
- María Elena Durazo
Legislator
But you're going back to the three, correct?
- Madelynn McClain
Person
Three? Yes beginning in July in person.
- María Elena Durazo
Legislator
Okay. In July, in person. Okay. And there was a mention of that video and in person visitation require the same amount of staff. Could you explain that?
- Madelynn McClain
Person
Correct, I'm actually going to defer to my colleague, Mr. Davis, for that.
- Ron Davis
Person
Good afternoon. Ron Davis, Acting Deputy Director, CDCR. As Ms. McClain mentioned, generally speaking, we use the same space. There's been a lot of talk about space in our facilities, programming space, visiting space. So we have to use the same space that we use for in-person visiting. And using that space for the video visiting requires the same custody coverage to provide supervision of that space. That's not a normally staffed space. It's only staffed when it's utilized for visiting.
- Ron Davis
Person
So whether it's the incarcerated persons in the visiting room on the computer doing the video visitation or the incarcerated persons in the visiting room with their loved ones who have come in to visit, we still have to have the same number of staff in there to provide custody supervision for that space.
- María Elena Durazo
Legislator
Okay. And speaking of the spacing, tell me how that is going in terms of finding additional space for the video visitation.
- Ron Davis
Person
Space within all of our facilities is at a premium. As mentioned earlier, we're doing space evaluations to see what we have. In addition to providing video visitation and in person visitation in those visiting rooms, most of our institutions on non visiting days are providing some type of rehabilitative programming in that space. We're really working to maximize the use of our space. Our education classrooms that during the day are for education, during the evenings may have a college program or some other rehabilitative type program.
- Ron Davis
Person
We don't have any space that's left unused. Pretty much everything between the hours of 08:00 a.m. To 08:00 p.m. Are being used seven days a week. So we're really trying to maximize that. And that's what that evaluation is right now, is just taking a look at all that space and do an evaluation.
- María Elena Durazo
Legislator
And if you could talk a little bit more about the demand for visits and how that's being handled. I know I'd heard the difficulty that people were having to be able to book their visits there. Was that online, right? Right, yeah. And the difficulty that if you weren't calling in exactly at 06:00 a.m. Or something, 601, it's booked anyway. But I'd rather hear from you.
- Ron Davis
Person
Absolutely. So initially, when we rolled out the online visiting, the whole state went live at the same time. So you had visitors for every adult institution competing with that same computer program. And just like anything else, you're going to have bandwidth issues. You're going to be waiting in line, just like buying tickets from Ticketmaster, you're going to be waiting in line for your spot. So what we did was we staggered it by a half hour. So the northern region will go live first.
- Ron Davis
Person
So you're only going to have a third of the prisons that are eligible to book visits. And half hour later the central region comes online and then a half hour later the southern region comes online. That big rush is generally within that first 30 minutes to get it. So what we've found is by doing that, we're having less congestion within the system so people are able to get through. And the complaints have all but gone away since we've gone to that.
- Ron Davis
Person
But we still continue to work with our stakeholders and get feedback from the inmate family councils. Just trying to make the experience and the process as user friendly as possible.
- María Elena Durazo
Legislator
I appreciate that a lot because it's how we do it right that matters. Absolutely. To them, to the families. I heard issues about the quality of the calls. If you could talk a little bit more about that, the hours and the access to calling, certainly.
- Madelynn McClain
Person
So generally, phones are available and Mr. Davis can correct me if I'm wrong. From eight to 11, eight in the morning till 10 or 11 at night. But in the event that there is an issue with a phone, actual wall phone, or a tablet, the current phone contract provider has a 24-hour, seven-day-a-week manned phone line for both incarcerated individuals and their families to call to report any issues.
- Madelynn McClain
Person
They have an investigative suite of tools that can narrow down to an actual certain line of a certain phone. So as soon as we hear about these issues, we definitely want to get the actual details behind it so that we can troubleshoot right away. Our offender communication team meets with the vendor three times a week to talk about these types of issues and work through any technical or garbled calls that you have.
- Madelynn McClain
Person
I mean, I will note that I think we were notified of one institution that had a week of randomly dropped, intermittent calls. And so they ended up doing, going back and isolating the actual number of minutes, the actual minute when the call was dropped to see if it was like an issue with the handset or the line. And they've since resolved that. So we always encourage individuals and their families to please use the hotline number. There's a poster that's in the visiting rooms.
- Madelynn McClain
Person
It's above each phone bank, in every housing unit that has a 1800 number. Actually, it's a 1866 number to call and report these issues. You could also email. Your family Members can email. And so the more information that they provide on around the date and time that the call or the issue that happens, the faster that we can resolve the issue.
- María Elena Durazo
Legislator
Great. Glad to hear that video calls are individuals. Will they receive free video calling on the tablets or. I know video calls cost something like $12 an hour. Could you explain that whole system here?
- Madelynn McClain
Person
Sure. That's all part of our phone contract. That includes the emails, the actual physical phone calls and the video calls. So the current contract provides 15 minutes of free video calls through the tablets every two weeks. They get 30 minutes of free video chats per month.
- María Elena Durazo
Legislator
Per month.
- Madelynn McClain
Person
And then after that it's 20 on the tablet. On the tablet. And so to use that, to use the tablets, you actually go to a little docking station or a kiosk in a housing unit and you have your set time and you set up your tablet and you connect and you have your video chat again. That's different from the 1 hour in person visitation that happens on the weekends. That is through the tablets. And so that is, again 30 minutes free every month.
- Madelynn McClain
Person
And after that it's 20 cents per minute as part of our current phone contract.
- María Elena Durazo
Legislator
Yeah, I think the cost when you go above and beyond. Right. The cost of that can be pretty hefty. At $12 an hour, it would end up being. Does that sound right to you?
- Madelynn McClain
Person
Correct.
- María Elena Durazo
Legislator
If we were just talking about the wages.
- Madelynn McClain
Person
I definitely acknowledge, but it's not their only form of communication. Again, they have free calling, and that has actually been played out. How much they're taking advantage of it. On average, the last six months of 2022, we averaged about 36 million minute per month. And for January, February and March, we're averaging 71 million minute of just phone calls. So incarcerated individuals and their families are taking advantage of the free calling. Again, video calls, video chats are not the only form of communication.
- Madelynn McClain
Person
They are a very helpful tool. We acknowledge that, but it's not the only form of communication.
- María Elena Durazo
Legislator
Great, I'm glad to hear that. And then finally, the Viapath contract, if the law changes or with agreement, can be amended, have you thought of other changes that can be made to reduce the cost to the state?
- Madelynn McClain
Person
So, generally the state has a current six year contract, and generally the only things you can amend are for, like, length of time or cost increases or decreases in this case. So we are bound by state contracting laws. So the provider came to us through mutual agreement because they did not have to agree to reduce their rate for us, but they did because it was mutually beneficial for both parties to do so.
- Madelynn McClain
Person
So in March of 2021, signed a six year contract with that provider to provide a set rate. And so we are still within that contracting window. And so right now, the rate that we currently have is what will be provided through this contract period. Definitely encourage people to bid when it comes up for rebid, but it's part of an overall package.
- Madelynn McClain
Person
So it's not just the rate that's provided to the state, it's also all of the infrastructure, the maintenance, the tablets, the full investigative suite of tools that is provided. So it's not just the rate in our contract, it is a detailed scope of work, which I would be more than happy to provide you from the RFP, if you would like.
- María Elena Durazo
Legislator
If you would like that. Okay, good. Thank you very much, Senator. Yes, of course. I was reading in the report that. We're considering.
- Kelly Seyarto
Legislator
In a request for $3 million to go along with that, and you were just talking about the contract that we have existing. Are those going to be in conflict, and is that going to create a potential issue with us having to pay any penalties or anything like that with the existing contract that we have so that 3 million winds up ballooning up to something else?
- Madelynn McClain
Person
I'm not certain that's a proposal that is before the Legislature. So we, as the Administration, don't have a comment on that proposal.
- Josh Newman
Person
So it might be a legal question we need to ask in the Legislature.
- Madelynn McClain
Person
Okay, great and an implementation question, I think.
- Josh Newman
Person
Great. Thank you.
- María Elena Durazo
Legislator
Okay. I think that's moving. We're going to move. Thank you again. Thank you very much.
- Madelynn McClain
Person
If I may. Of course. Actually, Senator Newman, I would like to go back to your question on the friends outside contract. Sorry. As I'm sitting up here, my brain.
- Josh Newman
Person
Guard there, extra credit for keeping me on my toes. I appreciate it.
- María Elena Durazo
Legislator
He's listening to you, by the way.
- Josh Newman
Person
And I'm listening to you. Okay.
- Madelynn McClain
Person
So the friends outside contract provides childcare and clothing if you happen to show up at an institution in inappropriate clothing. They also provide a comfortable place to decompress before and after a visit and assistance with public transportation and links to social services. That's what the friends outside.
- Josh Newman
Person
And that program is funded out of. The.
- Madelynn McClain
Person
Correct.
- Madelynn McClain
Person
Thank you for giving me the opportunity to.
- Josh Newman
Person
All right.
- Josh Newman
Person
You've earned significant goodwill moving forward.
- María Elena Durazo
Legislator
Thank you. Thank you so much. Again, appreciate all of your work. We're going to move on to panel two, and we have a presentation to be made. Mr. Galvin from Ameelio and April Feng, also and Abigail Salim. This is to hear an option for prison communications.
- María Elena Durazo
Legislator
How would you like to move ahead?
- April Feng
Person
I'll get us started.
- María Elena Durazo
Legislator
Okay.
- April Feng
Person
Thank you so much, Chairperson Durazo and Members of the Subcommittee, thank you for the opportunity to speak today. I am April Feng, the Chief Operating Officer at Ameelio. I'm joined today by our public policy and advocacy manager, Nick Galvin, and our co-founder and CTO, Gabe Saruhashi. I'm here to speak about Senator Becker's budget request to Fund a one-year pilot program for communication and educational technology to be administered by CDCR.
- April Feng
Person
Through this pilot, Ameelio is proposing to provide access to video call, voice call, and e-messaging technology to 10% of CDCR's population, at no cost to the incarcerated. We'd like to briefly talk about who we are as Ameelio give a quick overview of the multibillion predatory prison communication industry that we're working to disrupt, and finally talk about some recent regulatory changes that we believe emphasize the importance of this budget request and pilot program.
- April Feng
Person
Ameelio is a technology nonprofit working to combat mass incarceration by democratizing communication and education technology in prisons and jails. We are currently operating in five states. Our mission is to cut recidivism and sustainably reduce prison populations in the long term. We believe access to all forms of visitation, remote and in person, is essential to successful rehabilitation and reentry, leading to a 22% reduction in recidivism rate, according to decades of research. Placing these resources behind a paywall is counterintuitive to rehabilitation.
- April Feng
Person
However, a paywall is exactly what exists in most prisons and jails in the United States. Today, over 80% of the prison telecom industry is controlled by just two companies, biopath and Securus. This duopoly enables them to charge exorbitant fees, extracting more than an estimated $1 billion a year. Biopath, formerly GTL, is the current provider of phone calls and other communication services at CDCR. Securus, through subsidiary JPay, previously provided tablets to CDCR as well.
- April Feng
Person
The prices charged by for profit companies are so high that one in three families with incarcerated loved ones have gone into debt in their efforts to maintain contact. Rates can go as high as $15 for a 20 minutes phone call. Compare that to the nonprofit like Ameelio would charge, and you begin to understand the sort of inflated price that we're trying to combat. Much to its credit, California already goes far beyond most other states.
- April Feng
Person
As today's agenda notes, CCR currently provides 15 minutes of free video calls and 75 minutes of phone calls every two weeks. While we applaud this, we believe that the proposed pilot can demonstrate the benefits of offering even greater access to free communications at a fraction of the cost under the current contract. It would also allow CDCR to gather usage data for video calls and e messaging when they are completely free. In the future, I want to pass on to Nick to talk about some regulatory changes on the federal level and state level as well.
- Nick Galvin
Person
Hi everyone, again, my name is Nick Galvin and I'm the public policy and advocacy manager. Thank you for the opportunity to speak today. We want to highlight some of the recent developments at the state and federal level, which further demonstrate the building momentum around the free communications movement. So, while Connecticut and California are the first states to make phone calls free for the incarcerated, there has since been a groundswell of legislation with similar bills submitted in more than a dozen states in the past six months.
- Nick Galvin
Person
Even if only a few of these efforts pass, it's clear that soon California and Connecticut will not be alone in providing free communication to the incarcerated. However, as more states do begin to offer free communications, if they don't push for reduced rates or look for new providers, their budgets will need to increase to meet the increased demand that we see under these expanded free communication pilots.
- Nick Galvin
Person
Even in San Francisco, the first county that made communication completely free, the county is paying Viapath $90 per device per month. As a nonprofit, our cost for the same services would be half of that at $39. Because of this, we think it's important that California begin to explore new vendors that are mission driven rather than profit driven. Senator Becker's proposed pilot is a great first step in that direction.
- Nick Galvin
Person
Additionally, with the passage of the Martha Wright-Reed Act earlier this year, the FCC has been granted significantly increased oversight of the prison communications industry. This includes the ability to regulate both interstate and intrastate costs, as well as more advanced forms of communication to include video calls and e-messaging as well. The FCC is also expected to issue new rate caps in July 2024, with states only being allowed 90 days to get in compliance.
- Nick Galvin
Person
States who have contracts with for-profit vendors whose rates will almost certainly exceed those caps as they did when the rates were last put in for phone calls, will have to find a way to make up for those costs. It will most likely be either the incarcerated or taxpayers who will be expected to pick up that tab.
- Nick Galvin
Person
An even worse potential outcome is that to save on costs, the quality and availability of these services will continue to diminish. For the reasons outlined today, I hope we have demonstrated the potential value of a pilot program like this, and we thank the Members and the Committee Staff for the opportunity to speak today. We would be happy to answer any questions you might have, and we look forward to being able to potentially serve the State of California. Thank you for your time.
- María Elena Durazo
Legislator
Great. Mrs. Saruhashi? No. Okay. No comments. All right, Senator.
- Kelly Seyarto
Legislator
Ok. Kind of almost the same question I asked the other panel. In your past experiences with however many agencies you've been able to go into, did you do pilot projects with them, and did they have existing contracts and were there any conflicts with those existing contracts?
- Gabriel Saruhashi
Person
Yes, we did. In all cases they have existing contracts. We either secures or global telling. Now, Viapath. We're able to operate those independently because there was a non exclusivity clause, that there was not an exclusivity clause in those cases. So we were able to operate those services.
- Kelly Seyarto
Legislator
So we have to be mindful of that. If they have a current contract.
- Gabriel Saruhashi
Person
That's all we've already done the research.
- Kelly Seyarto
Legislator
Yeah. Thank you. Thank you for answering that question. I appreciate it.
- María Elena Durazo
Legislator
Go ahead, Senator.
- Josh Newman
Person
Yeah. Appreciate the presentation. Also appreciate the work that you're doing. Very admirable that you sort of organize yourselves to solve this problem. This is actually an interesting way for us to approach this particular. What's this is interesting for us. I understand you have a proposal before the State Senate, and maybe you can't answer, but what's the contracting kind of process that we are either entering into or in the middle of? And maybe that's not for you folks, but they do a pilot.
- Josh Newman
Person
But we don't typically do a sole source pilot directly from the, it's going through the ledge, but from the Subcommittee. Right. So this is kind of new to me. What's your hope here? That we'll have the information needed to include this in the budget I assume?
- April Feng
Person
I can give a first shot at this. So we are speaking to the budget requests that actually indicate that there is a willingness for a pilot. Ameelio is a nonprofit, and we do not obviously need to be the actual provider for this pilot at all. We do like to function as an alternative, as a choice for the state. If we have the opportunity, obviously, to serve the State of California, then we would love.
- Josh Newman
Person
That. So, Ms. O'Neil, if you don't know, this is sort of new for me. Right. So we do lots of things here, but I don't recall recently hearing from a particular vendor to solve a problem. What's the larger context for a proposal like this, and how do you think about it?
- Caitlin O'Neil
Person
We haven't had the opportunity to review the details of this proposal, of course, because we're hearing it for the first time as well, happy to look into it and provide analysis to you and your staff, Senator. In terms of the broader context, there have been cases I can think of in the past where Budget Subcommittees have approved pilot programs and awarded funding directly to specific organizations to pilot those programs. I'll be discussing one later in my comments on the parole hearing process.
- Caitlin O'Neil
Person
And by that I mean, of course, it was ultimately adopted by the full Committee, et cetera, and Legislature. So I think there have been examples of that in terms of how it interacts with contracting code and the existing contract with Viapath. I really don't think I could comment on that.
- Josh Newman
Person
I wouldn't expect you, but that's something I think clearly we'll have to figure out.
- Caitlin O'Neil
Person
Yeah, I would imagine. And we're happy to do our best to work with your staff to help address any questions.
- Josh Newman
Person
Good, because this is truly interesting, but I want to make sure that I have a larger context. So we're either not making a false promise or otherwise making something more complicated than it has to be.
- María Elena Durazo
Legislator
Yeah, clearly we're not right now saying we're going to take action and give a contract out. It was to just expose us to a potential possibility, just to look at prison communications from a different lens. And that was it. So I think our questions should be, how can something like that work?
- Josh Newman
Person
You have answered my question, and I don't have any questions about technology. I think it's actually wonderful that you're providing an alternative that is both probably better technology, but also immensely cheaper to inmates and their families. So I just want to make sure that I had a context in which to consider how this would be integrated into a larger budget process. So thank you. Sorry to sneak up on you.
- María Elena Durazo
Legislator
Good on segue from that is how are you able to offer such lower prices than you gave examples of the difference in pricing with Viapath? How are you able to do that? It's a pretty significant difference.
- Nick Galvin
Person
Well, the first and I think most obvious answer is, again, we're a nonprofit, so we are offering at cost. We are also developing and deploying our own software. We are not licensing out to others who then might license out to someone else and then passing those costs along to the doc, which is what you see happen in a lot of states with the larger for profit companies.
- Nick Galvin
Person
Our technology is newer, faster, it's more streamlined, and it looks like the technology that a lot of us use in the modern age. And so we have a team. Gabe can speak to some of the technical aspects, but our technology is essentially, we are free of some of the bloatware, the term. You see a lot of extra things getting added on that continue to add additional costs.
- Nick Galvin
Person
We are very focused and streamlined on providing communication, service, scheduling and really just the basics that are needed to provide this really essential service.
- María Elena Durazo
Legislator
And with regards to has to do a little bit with the pilot. In terms of the size of the pilot, how does that get determined? Or I guess is that something that we then ask you to, you or any other company that wants to put in a proposal? And the reason I ask that is because the California prison system is pretty big.
- María Elena Durazo
Legislator
Even though the population has decreased every year, it's still vast. And so is that something that you could scale up to that you could? I know you're doing pilot, so I'm not trying to jump ahead here, but oh, good, do something in a smaller scale versus the size of California's prison is not the same.
- April Feng
Person
Yeah, for sure. And so when it comes to the 10%, it's a number that we actually previously have spoken with CDCR about. We want to set a number that is small enough that allow us to learn a lot of the most important things about serving.
- April Feng
Person
Obviously, California as a unique state, so have a lot of learning, but at the same time also making sure that it's large enough that we actually are making an impact and the learnings that we're getting from the incarcerated folks that we're serving is meaningful enough. And so that being said, we're very willing to work with this Committee or CECR, any of the agencies that are implementing the pilot, to decide if there is a better and more suitable percentage.
- April Feng
Person
When it comes to scaling, our technology ensures that we can scale quite fast. As Gabe mentioned just now, when we're in the State of Iowa, we actually started facility by facility. So in a sense, a pilot as well. And then when it comes to scaling to the state, particularly because our fundamental technology underlying those services, we scale quite fast.
- April Feng
Person
And we were able to expand our team, specifically customer service, so that we make sure folks who have questions utilizing our service can get in touch with us and get their problem solved. And so we scale our team very fast, as well as our technology platform. And so modern technology is built to scale. So that's where we're on.
- April Feng
Person
I'll just add on to that and say that although we're a nonprofit, the way we operate and the way we hire is very much like know big tech for profit that you see out there. All of our technical team Members are from big tech, such as Facebook, Google, all these big companies that have scaled and served millions right now, so we build a technology that can serve an entire correctional space in the US.
- María Elena Durazo
Legislator
All right, well, those are all the questions. Any other comments or questions from our colleagues? Okay, well, thank you. I don't know if there's a final comment you want to make. No? Okay, well, thank you for being here and appreciate your time. We're going to move on now to panel three. Abigail Salim, Empowering Women II, and Karen McDaniel, founder and Executive Director of The Place4Grace. Good afternoon. Who will be starting first? Okay. Abigail. Okay. I don't think you're.
- Karen McDaniel
Person
Very well. Thank you. I appreciate you. Senator Newman, good afternoon, esteemed Chair and Committee Members. My name is Karen McDaniel. I am the Founder and Executive Director at The Place4Grace. We have been serving families impacted by incarceration since 2009 at 16 CDCR prisons. I'm here today to discuss ongoing barriers to visiting a loved one inside a CDCR institution. More than 357,000 visits to CDCR institutions in 2019 were made by minor children.
- Karen McDaniel
Person
That was nearly a half million opportunities to reduce the already significant trauma of parental and familial incarceration or to further increase the burden of children and families that are impacted by mass incarceration in this great state. It's been noted here today that $20.3 million was set aside for a third day of visiting and transportation to all CDCR prisons. What good is $20.3 million if, once families arrive, they can't get inside the very prison that they have traveled to?
- Karen McDaniel
Person
What good is $20.3 million if, once they get inside, they cannot stay for the duration of their visit because they're forced to make choices that no parent should have to make about their child's well being. When I started visiting CDCR prisons in 2007 with my then infant and toddler children, I was limited to two premade bottles for a six hour visit at Calipatria State prison, where temperatures often hover well above 110 degrees during the summer.
- Karen McDaniel
Person
My daughter's bottles would spoil, often within hours of us being at our visit, and I would have to make the choice between her hunger and our family's precious time together. Today, my daughter is nearly 17 years old, and those same antiquated policies are still in place. Still only two bottles. Still only three containers of baby food. Still only one change of clothing. Still only one blanket. Ms. Diaz comes to mind, who tried to visit just two weeks ago with her infant child.
- Karen McDaniel
Person
She reported that she was turned away because her breast milk was denied, this after traveling 5 hours to have her husband meet their baby for the very first time. We hear countless experiences from families who are continuously faced with these barriers.
- Karen McDaniel
Person
Families must leave visit prematurely because their children's clothing has become soiled, families forced to feed their toddlers in nutritious vending machine food such as chips, candy and soda, or not eat anything at all due to broken or improperly stocked machines and antiquated policies that do not allow simple toddler finger foods. We also hear about families limited to one blanket, even in below freezing temperatures and inclement weather. Families are continually turned away for clothing that is clearly allowable, yet a local officer has deemed inappropriate.
- Karen McDaniel
Person
Just this week, CDCR released a draft of a visiting poster depicting allowable items and clothing. It immediately caused confusion and dissension across the state amongst inmate family council Members as they shared local policy at each of their prisons that in fact prohibited much of what the new poster depicted. Just to be clear, green dinosaurs as depicted in CDCR's new prison are not allowed at many of CDCR's prison.
- Karen McDaniel
Person
This can be verified by Zoe Suarez, daughter of Sandra and Jesse Suarez, who was told to put her green dinosaur in the locker as she cried just last year. California is only one of four states in this country that allows extended overnight family visits, understanding the incredible benefits of keeping families connected. Yet there are no uniform policies regarding allowable items, including linens.
- Karen McDaniel
Person
So, for instance, some families are allowed to bring sheets, a blanket, and a towel for their overnight visit, while others are made to use institutional laundry. I would ask if anyone on this panel, on the desk, or in this room would ever sleep on linens that have been institutionally laundered with 3000 other people's laundry. That not only defies health and safety standards and logic, but it most certainly defies any basic standard of dignity for families of the incarcerated.
- Karen McDaniel
Person
Allowable items and allowable clothing certainly are not the only barriers to visit. Currently, if you visit with a child, you must present an original, certified copy of their birth certificate each and every time that you visit. If that birth certificate is forgotten, becomes lost or tattered, your visit is denied regardless of how far you have traveled. Those vital documents can simply be scanned and available to visiting staff. It is an undue and unnecessary burden for families to be made to produce documents over and over again.
- Karen McDaniel
Person
I would ask where you all keep your birth certificates, certainly not in your car or your purse. You keep them locked away safely. We recently heard from Ms. Fridas, who told us this past weekend I forgot my children's birth certificates. My son is 16 our daughter, 15. All three of us have been visiting since 2010, family visits since 2017. This is the first time I went without our birth certificates, so I was hopeful we would be shown a little understanding and grace.
- Karen McDaniel
Person
Instead, we weren't even able to ask and were turned away. Given the incredibly long distances that many families travel to see their loved ones, it is imperative that prison visiting policies are uniform, consistent and based in common sense, not further traumatized families that are already suffering prison visitation policies that dehumanize children and their caregivers only serve to further the adverse impact of incarceration on families and must cease.
- Karen McDaniel
Person
CDCR ought listen to incarcerated people and their families who are best able to highlight the barriers to visiting as well as the solution to those barriers. After listening to testimony here today, I would also note that families of Athena incarcerated are also best equipped to answer many of the questions that you have and that I have heard today. It's been very frustrating to sit in the gallery as many of your questions were not able to be answered, but in fact, we knew the answers.
- Karen McDaniel
Person
With that, I will turn it over to Abby. Thank you for your time today.
- María Elena Durazo
Legislator
Thank you. Thank you Ms. McDaniel.
- Abby Salim
Person
Good afternoon Chair Durazo and Members. My name is Abby Salim and I'm co-founder of Empowering Women Impacted by Incarceration.
- María Elena Durazo
Legislator
Just 1 second, the mic is not.
- Abby Salim
Person
Can you hear me? Okay, great. Sorry. My name is Abby Salim and I am co-founder of Empowering Women impacted by incarceration. I'm also system-impacted and I have been serving the community since 2019. I'm here to discuss the struggles with what families have with connection and calls and tablet communications. Since effective date of Bill 1008 and January 2023, we've noticed the issues with phone calls and tablet communications have increased. The communication issues has always been there. However, today's have been so much more.
- Abby Salim
Person
We are co-sponsors of the Bill 108 and kept in contact with the families to get feedback on any lingering issues with communications. We utilize our social media platform to get feedback and here are some of the examples that families have run into families from various facilities. All 30 plus have been reported loved ones trying to call about three to five times before it connects or when pressing five to accept the call. There is a long pause before connection and connection.
- Abby Salim
Person
When connection does happen, the call drops. In my personal experience, just this morning alone when my husband called, I heard no voice and after a five second lag, I heard the operator and another lag pressed five and then another lag and then the call dropped and this just happened just this morning. We have families living out of the country and their loved ones can no longer call an international phone number. Some of the international families have reached out to GTL and have received no response.
- Abby Salim
Person
We are fully aware of the 866 number that is available for families and email GTL with no response. They've even tried to contact the facilities, but of course the facility will say, please go back to GTL for any connectivity issues. One of the other issues that we run into is in certain facilities, in every yard, there's only one to two phones working, which causes hardly any communication with their loved ones.
- Abby Salim
Person
So it could be about a week or two before they are able to reach out to their families. When we hop over to the issues with the tablets, the feedback has been reported that they have drop calls, can't connect to video. It has to be done several times to get through with the messaging system and the video chats. There are also certain words that are called flag words that won't let messages get approved.
- Abby Salim
Person
And some of these flag words are examples of our everyday words, such as black, Starbucks, white, method, target, colors, remember, guitar, entitlement. And these are just a few examples of words that families have reported that will cause their message not to be approved. One of the other issues with tablets is that we're most concerned about is the crossing of lines. The crossing of lines of phone calls utilizing tablets. While a family member is talking to their loved ones, another conversation crosses their line.
- Abby Salim
Person
The concern surrounding that is, if a child was on the phone with their father or grandfather or uncle, and another party comes in and they're having an intimate conversation, then the child would be able to hear that. So there has been numerous reports of that and it's just really disheartening that it happened. Another issue is that the tablets will say that they have funds, but currently when they send a message or try to make a call, they'll get a message saying they have no funds.
- Abby Salim
Person
And with the facilities that don't have the tablets and they're using the messaging system that facilities are able to print out their email messaging, a lot of facilities will state that they are not equipped, they have no supplies, or they're out of supplies to print out the messages or emails. So the turnaround time for that is between two to three weeks, sometimes longer.
- Abby Salim
Person
Another issue that we also heard today about the staggering of appointments, it was actually, I was going to discuss that today is when families making an appointment for video visits or in person visits, we still struggle even with the staggering times all families are not able to make them. Some facilities appointments drop at 06:00 a.m. Within seconds, they're all gone. Video visits are even harder. At times. Families that do get appointments, they don't get their email confirmations until the day of.
- Abby Salim
Person
And at times the links doesn't even work. This has been an ongoing issue since we transferred over to GTL. We have reports of some facilities not being able to claim their account as a first time visitor due to an error from the facility, incorrect spelling of their names or middle initial not included. The facilities that are the most visited, for example, would be Calipatria. State prison only has 112 slots with a population of 1900 available, which leaves 100 families not being able to get an appointment.
- Abby Salim
Person
Yes, there is a walk in process, however, not all are able to be accommodated. These are just some of the many issues that families run into. And our goal with SB 1008 was to keep families connected and to continue the bond and efforts of rehabilitation. Due to these issues, the family connections have been minimized and strained. Thank you.
- María Elena Durazo
Legislator
Well, I appreciate very much the work that you do every day and representing the being voices for those families and for our incarcerated. We wanted to have a special panel that zeroed in on these issues. And that's why you're so important in coming to share with us. I just seem. Can you talk a little bit? You might have touched on this is what's it like in the visitation spaces available in the institutions.
- Abby Salim
Person
So the example that I gave was my co-founder is a visitor at Calipatria State Prison, and she's also a member of IFC. So there's 1900 as a population, and there's only 112 slots available in every yard. So the families still struggle to fight for appointments. She logs in at. I think Southern California is at seven, so all appointments will be gone at 75. And that leaves.
- Abby Salim
Person
You're thinking about older ladies that aren't tech savvy, that don't know how to get on VSA and make an appointment. And once they learn, they still try, but they still can't get it. So those are the things that we struggle with every week or since COVID happened.
- María Elena Durazo
Legislator
Has it changed better, worse, whatever, since COVID during COVID?
- Abby Salim
Person
Well, of course, It was worse during COVID but now they created a walk in process. But again, walk in, it's not 100% that you're going to be able to get a visit. So why would I tell my mom, who drove 6 hours away to mom, let's try to get a walk in appointment and then be turned away.
- María Elena Durazo
Legislator
And the hotline, there was mention of a hotline that's available to be able to report all these issues, correct?
- Abby Salim
Person
Majority of the time. I even try to call the hotline at 1.0 and what they tell me is to go back to the facility. But when we talk to the facility they say you got to call GTL because it's not our issue. Or if my husband calls and the calls keep getting dropped and we have to call GTL and they not. There's nothing wrong with your connectivity and I don't get it. It can't be my cell phone carrier.
- María Elena Durazo
Legislator
That's what they mean by the hotline, Is to call GTL?
- Abby Salim
Person
They have the hotline that the young lady earlier stated that. There's posters on the visiting rooms. However, when the families utilize it, they ever rarely get any type of responses.
- Abby Salim
Person
Okay, for you, I know you gave examples, but if you can sort of sum up, do individuals have access to communications when they need them and when they want them?
- Abby Salim
Person
It's hard at times. Not all facilities have the tablets, so it's hard. Some facilities have in 1 yd, say my husband is in b yard and there are supposed to be six phones, but only two phones are available. So the calls are still very limited. And we don't have tablets so we don't get the messaging action that other facilities do. So it's still a struggle.
- María Elena Durazo
Legislator
Well, we look forward to the tablets getting to you by July. What was said today. Right. Okay, any questions, or comments? Just quick comments.
- Josh Newman
Person
Thank you. Thank you for being a voice for your community. Thank you for ensuring that we have an additional set of insights. I think it's really important as we consider the work that we're doing. So please do continue in the work that you're doing.
- María Elena Durazo
Legislator
Ok, can I just have someone from CVCR still here?
- María Elena Durazo
Legislator
Thank you for staying, Ms. McClain and Mr. Davis, I appreciate you, all these hours. You heard some of the testimony right now, and so I just want to get a sense from you, give you an opportunity to respond or any comments.
- Madeline McClain
Person
I absolutely appreciate and encourage them to speak up because that's how we fix the problem. So we definitely acknowledge it's not a perfect system. We're not trying to say that it is a perfect system. I will definitely are going to look into the 866 number because I actually tried it myself the other day just before I came to the hearing to make sure, and I was able to get to a live person and have an issue recorded.
- Madeline McClain
Person
So there's a disconnect there and I don't know what it is, so we're going to resolve it. And as I mentioned during my testimony, our offender communications team within our IT services meets with the vendor three times a week to go over these issues.
- Madeline McClain
Person
I'll defer to my colleague, Mr. Davis, but in response to, I think, the comment that was made about the list of items that you can bring to visitation, that is our attempt to standardize across the institution so that we don't have different rules between institutions. And so there is a very detailed list of items that you can bring in. I definitely acknowledge that. If you have anything else you wanted to add on this.
- Unidentified Speaker
Person
No, absolutely. It's just in an attempt to standardize clothing items that are allowed to be brought in so that we don't have institutions that are implementing their own rules. These are departmental, this is the clothing type that's allowed. These are whatever other items are allowed, just so that it's the same across the board. That's particularly the poster that she mentioned.
- Madeline McClain
Person
I did also wanted to go back to the online, the visiting application again, visits are very popular and that's why we have three days of visiting. And so it is true that visits do get, lack of better term, gobbled up in the first few minutes. But as there's cancellation, we do encourage folks to log back in at another time during the day, because if someone cancels that video visit or that visit, appointment time comes back open for someone to log into.
- Madeline McClain
Person
So I would love to get their contact information. I think that's one of the things that we committed to after the hearing last year where we had heard a lot of stakeholder input, highlighting some of the issues. I think that they are facing is to have these dialogues and discussions with them, and I would definitely hope that they would feel comfortable giving one of us their contact information. So that we can start to work through this.
- Madeline McClain
Person
I think there were actually some changes that were made as of the hearing last year. We definitely completed the transportation bus contract. We looked at providing other healthy options in the visiting rooms because of that discussion that we had in the Committee last year.
- María Elena Durazo
Legislator
Okay. Yeah. And what we want, obviously, to see is the changes are being made for the well-being of those families and those inmates. It is bothersome to hear some of the same issues being brought up over and over and over again. So if I hear it, I'm not in that situation. I can only imagine the families, if we're going to remain true to our commitment to those families, that they have access, that there aren't going to be issues on the whim, somebody's whim, right.
- María Elena Durazo
Legislator
To deny them entrance, especially after they have traveled so far. Those things just seem pretty basic and somehow they're not being addressed.
- Madeline McClain
Person
Understood. And I also wanted to discuss the issue, I think that was brought up about having to bring your birth certificates and other items. So that's one of the things that we're actually looking at, is developing an application within our strategic offender management system to have these items scanned for regular visitors. It's something that we're absolutely looking at. Again, that was something that came out from the hearing last year. So we are hearing you. I don't want you to think that we're not hearing you.
- Madeline McClain
Person
We are hearing you. We are working tirelessly to make these processes better across the state. I think we are very large and it's not always going to be perfect. And we're acknowledging that it's not always going to be perfect. But to the extent that we can minimize a lot of these things that maybe we see happening consistently, then that is definitely our goal.
- María Elena Durazo
Legislator
Yeah. And I'm glad I'll end it with this. The consistency. There's a higher bar in some places. A good higher bar that, for example, the documents. Scanning the documents. That does happen in certain institutions, as I understand it. And so, to have it done in a way that allows families to, okay, if they forget their birth certificate, they can still go in. But if that's happening in certain institutions, then we're talking about making it universal across all institutions.
- Madeline McClain
Person
Exactly. And that's one of the things we're looking at, is an application that can be implemented statewide so that regular visitors can. You can have the birth certificate, the marriage certificate, the things that you need to do the visitation, so they have those on file for an approved visitor so that you aren't carrying those very important documents with you. We fully know just something that we're working on actively right now.
- María Elena Durazo
Legislator
Okay. Well, I know you mentioned it first, but I encourage you to have that direct communication with these organizations of family members. They live it every single day. We don't. And I can only imagine how disheartening it is to have your call cut off or denied entrance after you've looked forward to it with your family. So thank you for staying here. Thank you. Okay, we're now done with issue three. We're moving on to issue four, programming and reentry. Okay.
- María Elena Durazo
Legislator
For issue four, I'll just have you all introduce yourselves as you speak on the issue. We'll begin with CDCR, and you're going to discuss the San Quentin proposal and give us an update on community reentry centers.
- Madeline McClain
Person
Certainly. Madeline McClain, CDCR. So as far as the San Quentin proposal, I feel like I'm just letting you down at the end of the day, we don't have a full proposal before you yet is still something that the Department is working actively on with the Administration. I would just note that as highlighted in the Governor's press conference, obviously what we're trying to do is bigger and broader than CDCR.
- Madeline McClain
Person
And so it's definitely kind of a one of a kind type facility that we're looking to implement here. And so we're asking that we have that additional time to work through that proposal. So I apologize, but we do not have anything to discuss with you today other than the fact that. To say that we'll be releasing it no later than the May revision.
- María Elena Durazo
Legislator
Okay, well, all for not. Ms. O'Neill, do you want to comment on the nonproposal?
- Caitlin O'Neil
Person
I do have some comments prepared. As was noted, the proposal is not available at this point, but based on some broad outlines of the proposal that the Governor discussed at a press conference on March 17, we have prepared some broad kind of questions for the Legislature to start thinking about as it considers those initial components that are discussed in your agenda and were discussed at the press conference, as well as when it receives the details of the proposal.
- Caitlin O'Neil
Person
So the first question is that the secretary has said that CDCR is developing a comprehensive plan to incorporate lessons learned from the Norwegian correctional system into California prisons, and he's termed this the California model. He's also reported that the Department has taken steps toward developing the California model, including implementing pilot programs at three prisons. However, the details of the California model haven't been made public or presented to the Legislature at this point.
- Caitlin O'Neil
Person
In addition, the results of these pilot programs aren't known at this point in his press conference, the Governor indicated that the proposal for San Quentin is tied into this California model. So the Legislature may want to ask, what is the California model and how does the San Quentin proposal fit into it?
- Caitlin O'Neil
Person
The second question is that given that there's many different approaches or possible ways for implementing Norwegian correctional principles in prisons, and there's many different attempts at that being piloted in California as well as other states, and they all look different, these different types of approaches or ways of adapting the principles can be done toward different goals and objectives, and those different goals and objectives could lend themselves to different approaches.
- Caitlin O'Neil
Person
For example, in North Dakota and Oregon, the correctional systems have used Norwegian approaches or principles with the explicit goal of trying to reduce the restricted housing populations. Restricted housing is often otherwise called, sometimes solitary confinement or security housing units, for example. So the Legislature may want to ask, what are the goals and objectives of this proposal?
- Caitlin O'Neil
Person
And then from that it could help the Legislature determine whether the particular approach that is ultimately laid out in the proposal makes sense and whether it agrees with those goals and objectives.
- Caitlin O'Neil
Person
Next, we would suggest the Legislature consider asking how we're stakeholders, or how our stakeholders alters within the Department, within the frontline staff, incarcerated population, and the broader community in the world of corrections in California consulted in developing this proposal, in selecting the goals and objectives as well as this particular approach, including the selection of San Quentin in particular. So, in addition, the $20 million that's being requested or the placeholder amount that's in the Governor's Budget for this proposal has been characterized as planning money.
- Caitlin O'Neil
Person
But the potential full costs have not been discussed at this point. So a key question is, what are the potential full costs of this program, and then for the Legislature, how will the Legislature weigh these potential full costs, given other General Fund priorities in the budget year and in the future, given the budget condition and ongoing cost pressures? Next question going forward, is there a plan to keep the Legislature informed of developments in the initiative at San Quentin?
- Caitlin O'Neil
Person
Given that many of the details are expected to be determined, it seems, by an advisory board that is yet to be convened, how will the Legislature stay informed of developments in the California model more broadly? And then finally, is there a plan for how the state will learn from whatever changes are implemented at San Quentin if this is approved, such as an evaluation study, what baseline data will be collected, et cetera? Thank you.
- María Elena Durazo
Legislator
Just if Department of Finance has any comments, especially with regards to the questions that were just raised.
- Sheridan O'Neal
Person
Sheridan O'Neill, Department of Finance at this time, the Administration does not have the ability to provide specific details. However, we anticipate being able to provide more details after May revision.
- María Elena Durazo
Legislator
Details. You don't even have the general right. I mean, none of that is being presented with us for us here today. So we're just sort of, what do we talk about on this issue? I mean, I appreciate all the thought that you're putting into it in terms of, these are the issues that should be handled or included questions that should be answered in there.
- Josh Newman
Person
Okay, just real quickly to Ms. O'Neil's point, do you folks have an idea of what is meant by the California model? And it's fair to say mean, this is a work in progress, obviously, but to the extent that we read about these things, we talk about these things. Is there an internal consensus as kind of broadly where we're going, especially around seemingly big changes like the San Quentin repurposing?
- Madeline McClain
Person
So the California model, again, it's derived from the Norwegian model, which it kind of changes the behavior between staff and incarcerated individuals. And so the San Quentin proposal is a piece of, I guess you could say, of the California model. And so it starts, the California model is a separate project. It's something that the Department is working on in terms of getting a governance structure in place and figuring out how we roll that out.
- Madeline McClain
Person
But it's generally changing the behavior between how the incarcerated individuals and staff interact, among other things. But it's just behavioral changes that happen that we've noticed that the Norwegian model has done. It's also been implemented in Oregon, and our folks have actually gone up there to see how that has been implemented up there. It's basically behavioral changes.
- Josh Newman
Person
I appreciate guess you'd refer to that as the Oregon model and you'd say the Norwegian model, these elements. But if you refer to the California model, it at least implies that it is those elements from these other systems that we have adopted as ours. But that's not yet super clear.
- Madeline McClain
Person
It's still being worked through. It's still being a plan that the Department's working. And again, it started out as a fact-finding mission, going to Norway, going to Oregon, and seeing how they implemented it. And yes, I get correctional system, it's a correctional system, but how we operate is different. And so it's taking those lessons learned and those best practices and figuring out the way to apply them in CDCR.
- Josh Newman
Person
To be successful, I guess. And I do appreciate Ms. O'Neil's point, which is if we're going to frame things around something called the California model, where there should be a fairly clear initial set so that we understand what we're responding to as opposed to building it with you, but it's fine. And clearly, this is not ready. But these are, I think, really interesting concepts, but clearly very complex, and we will get to them at some point from May on.
- María Elena Durazo
Legislator
And you got funding, consultant funding that was provided last year. What's the status of that? And then whatever you can tell us. I mean, you're not ready with the full proposal, but where in the process are you in that, in coming up with the proposal? And how do you get the legislators involved?
- Madeline McClain
Person
Certainly. So the 500,000 that was allocated last year hasn't been spent. Obviously, when this thought came about, we didn't want to spend money unnecessarily. So it is likely that some of that will be repurposed for this project. So that hasn't been spent. The $20 million that's in the budget was a placeholder amount to get the concept out there, and the press conference was the next step in that.
- Madeline McClain
Person
So as I tried to, the idea is that this new San Quentin rehabilitation center is going to be a bigger effort than just CDCR. And so it's taking in other stakeholders, other state partners, philanthropy groups, looking at incarceration a different way. And so those details are what we're working through right now and will be in the May revision proposal.
- María Elena Durazo
Legislator
Okay, so that's when you expect to have a proposal.
- María Elena Durazo
Legislator
And we're only a few weeks away. So you're almost ready to go, right? It's almost ready to go. And then just one more. In terms of the particulars, there was part of what was, I guess, included or announced as a building, actually build a building.
- María Elena Durazo
Legislator
In May?
- Madeline McClain
Person
Correct?.
- Madeline McClain
Person
Correct.
- Madeline McClain
Person
So I think it talked about repurposing an old Cal PIA warehouse that's not being used anymore.
- María Elena Durazo
Legislator
Not a brand-new building. It's like $20 million.
- Madeline McClain
Person
So it may. So that's part of that evaluation we're looking at now, is repurposing that building or building something new. But again, the idea was that unused Cal PIA warehouse, which I think only has computer programming or in it right now, be repurposed for this broader effort, if that's how it plays out in the overall planning.
- María Elena Durazo
Legislator
So three years ago, I think it was my first year or second year, I did go to Norway, and Secretary Diaz was on that, and the number of individuals, the union officers were in there as well. And it was quite a powerful experience. So I'm glad I had that experience. As you're talking about, the model is to change the relationship between the staff and the incarcerated. It's a very different model from what we've had here forever. And if we could adopt anything like that.
- María Elena Durazo
Legislator
We met the warden from the Oregon prison who had gave us an example of what the cross-training had led to. And it was quite extraordinary from a human point of view. So if that's where we're going, that's a good thing, but it'd be nice to get some details.
- Madeline McClain
Person
And I think what I can provide you and I will go back and get some additional information. But we have implemented some portion of this in our psychiatric inpatient program at Salinas Valley prison. So these techniques and these best practices in this model to that small, very small population to see how it works. And we've noticed that it's definitely reduced on incidents between staff and the incarcerated. It's reduced mental health incidents, and it's reduced rules violations.
- Madeline McClain
Person
And so I will go back and try to get you some additional information. We have implemented that in a small, like I said, very small scale to see how it works. And so it definitely does work.
- María Elena Durazo
Legislator
Okay, thank you. Thank you very much. We look forward to an actual proposal. I think what we're moving on, if you could. Ms. McClain, with regards to the male community reentry program, that's really.
- Madeline McClain
Person
I'm actually going to defer to Deputy Director Kevin.
- Kevin Hoffman
Person
Good afternoon. My name is Kevin Hoffman. I'm the Deputy Director over program operations for the Division of Rehabilitative Programs. Good afternoon to all of you. We are currently working on expansion of the male community reentry program. We have locations in Stockton, and we're negotiating for that program. We are negotiating for a program in Fresno, and we are also looking at repurposing the FWF facility in Folsom for a reentry program. So that's where we're currently at right now. We're in the negotiating process.
- Kevin Hoffman
Person
I think the first facility that we'll probably open would be Stockton. It's the one that's most ready to implement. So we're currently negotiating with a vendor for that program. And we actually are going to have a vendor walkthrough at FWF tomorrow to explain our vision there and hopefully get some feedback from those individuals on if they believe it's feasible. We hope they do. There is a similar program called the VTC Ventura Training Center, which was formerly a DJJ institution that has been recreated.
- Kevin Hoffman
Person
And if you go there, it doesn't even look like an institution. They tore out all the industrial-type seating and things like that, put in wooden chairs and tables, new flooring, new furniture, and it does not resemble a former institution whatsoever. So we're hoping that people can see that vision. It's kind of tough to do when you walk into a former institution, but we believe that it is a good location. There are plenty of job opportunities in the area of Folsom.
- Kevin Hoffman
Person
We know that there are large industry construction groups that are interested in having a able-bodied people that would come to work for them. So we believe that it could be a good location. And we're still working through the details.
- María Elena Durazo
Legislator
Okay, you've not entered, you said you're negotiating contracts right now. You've not entered into. What's the time frame for entering into those contracts?
- Kevin Hoffman
Person
My timeline is back there, can I grab it?
- María Elena Durazo
Legislator
Oh, sure.
- Kevin Hoffman
Person
Thank you. Trying to stay organized. So for, let's see here, we do have a walkthrough, like I said, at Sacramento tomorrow. I think for Stockton, we are hoping at the latest July of next year, but we think we can do that quicker. And Fresno, there was a site identified. However, the site got sold before the vendor could enter into arrangements to buy that property. So they are looking for a property now.
- Kevin Hoffman
Person
But generally speaking, it's usually a year to a year and a half to implement these programs. We enter into contract. The vendors have time to do any repairs or modifications to the program buildings. We have to bring up staff, CDCR staff, and there's training that has to be done. So generally it's about a year and a half to bring these programs up.
- María Elena Durazo
Legislator
These aren't incarceration, these aren't prisons or jails.
- Kevin Hoffman
Person
No, generally they're like the one in Stockton was a former elderly home. It's an 82-bed facility. It's actually kind of perfect for what we're looking for. It's in the community. They'll have access to employment, education and resources from the community. FWF was a former facility, but like I said, we have a similar program down in Ventura that we remodified into a program that is a very successful program. And like I said, the building does not look like it used to be an institution at all.
- Kevin Hoffman
Person
So we think that we can do that at FWF. That's our vision and we hope others see the vision, too.
- María Elena Durazo
Legislator
Okay. And how are you going to handle, we just talked about this for a little bit. Is the culture change that's going to make the model work? Because the physical layout is really important. Again, having been to Norway and seen that, it sort of strikes. It really hits you how different it is just physically. But what really hit heart was this new relationship between the staff and the incarcerated, completely different.
- María Elena Durazo
Legislator
I think in one it was even that the success of the guards was depending on the success of the inmate. That's how they were judged. So that's just one example. I'm sure there's many, many more of the kind of culture change that's going to be needed. I know you mentioned one small example of where you're implementing some changes, but we're going to open up these centers. How will you be ready for that?
- Kevin Hoffman
Person
So the MCRPs and the CCTRPs, the female version, they're a totally different beast. The culture is much different. You're in the community. You're working with a vendor that basically works with custody staff. It's like a treatment team. These programs are very successful. They don't resemble a prison. They resemble a community program. And like I said, we work with many vendors. It's very therapeutic. There's a lot of groups going on. There's anger management, criminal thinking. There's substance use disorder treatment.
- Kevin Hoffman
Person
These individuals are allowed to go out into the community, to go to college, to go to church. For instance, there's programs in LA. They take a lot of guys, they go see baseball games, they go see Dodger games. They do that in San Diego. There was just a real. I'm sorry, what did you say? Oh, gosh, that hurts. Oh, yeah. The giants are not doing too well right now. They won it yesterday, though. So they don't resemble prisons whatsoever.
- Kevin Hoffman
Person
And the custody staff that end up working there assimilate very quickly to understand that this isn't a prison, this is a community program. And these individuals, although it's done through a pass system, everything has to be approved. They do come and go from the facility out into the community. There are lots of resources that come into the facility, community resources. So these facilities are basically bombarded with resources for these individuals, and they do not resemble prisons whatsoever.
- Kevin Hoffman
Person
So the culture in these community programs is pretty well taken care of. Sometimes it might take a minute when we're bringing up a new program because we do have correctional officers that are in the program, but I have a real good team that puts these programs together.
- Kevin Hoffman
Person
And that's one of the things we stress from the very beginning is culture change. And we do a lot of cross-training with UC San Diego that they come out and talk about what we're doing, and everybody needs to look at each individual and understand their perspective. So we break down a lot of barriers. But for these programs, there's no challenge with culture, it's good.
- María Elena Durazo
Legislator
Okay. Thank you.
- Josh Newman
Person
Yeah. Mr. Hoffman, thank you. So the facility we're discussing, it happens to be in Folsom. But it's not co-located with the prisons?
- Kevin Hoffman
Person
No, it's a separate site. It's over by PIA, to be honest with you.
- Josh Newman
Person
But I presume it's not simply for formerly incarcerated Folsom inmates, it's for other.
- Kevin Hoffman
Person
No, it would be for those from Sacramento County and surrounding counties. That's our goal, is to bring in people that are from the communities, the local communities, or were in the local communities. That way, reunification and all of those things are easier done. So they would be from the surrounding communities.
- Josh Newman
Person
And for that particular facility, I think you said it was a former senior center.
- Kevin Hoffman
Person
Oh, that was Stockton.
- Josh Newman
Person
Oh, that was Stockton. Is there a facility identified already in Folsom? A location? It was RFP out for that, or have you already identified it?
- Kevin Hoffman
Person
So through budget language last year, we were given the ability to negotiate directly with vendors. So we asked for what's called an RFI, a request for information, and then they submit a proposal. A team of individuals will look at the proposal for its feasibility and generally the best proposal submitted. The CDCR would then negotiate with that vendor to provide the services.
- Josh Newman
Person
Has that vendor in this case been identified already?
- Kevin Hoffman
Person
Not at FWF. Tomorrow is a walkthrough with the potential vendors, and then they will then submit because we want them to understand the facility, what it looks like, what the challenges could be, and then at that point, we'll show them what our vision is. We have a bunch of pictures from VTC and showing them what it could look like. Then we will ask them to submit a final proposal.
- Kevin Hoffman
Person
And I believe that's May 22, is when the final proposals will come in, and then we will at that point, negotiate with the vendor that has the best proposal.
- Josh Newman
Person
If it's possible, it probably would be helpful for us to have some insight on some of the vendors kind of the work that they've done, the programs they've run.
- Kevin Hoffman
Person
Sure.
- Josh Newman
Person
So that we can think about that not only as we budget, but also with respect to trailer language that might cover this.
- Kevin Hoffman
Person
I think we have plenty of documents talking about our programs. There's also the Stanford report that talked about individuals that stay in these programs for a longer period of time, the recidivism rate.
- Josh Newman
Person
I have no doubt. I'm more interested in sort of the community of vendors that are actually providing these services right now. So we have some insight as to who they are and how they approach these things.
- Kevin Hoffman
Person
Sure. Would you just, like, a document that shows who they are and what they do? Okay. Yeah, we can do that.
- Josh Newman
Person
Thank you.
- María Elena Durazo
Legislator
All right. Thank you very much. Thank you all very much. Maybe we'll see you sooner than later. Panel two, we have coming up here, Ken Hartman from Transformative In-Prison Workgroup. Patine Jackson from the Grip Training Institute. And Manny Thomas from Success Stories.
- María Elena Durazo
Legislator
Okay. Oh, that's the one. Who's--do you all know what order you're going to go in first? Okay. Okay. Well, welcome. Thank you for being here. Go ahead. You just--you keep pressing.
- Kenneth Hartman
Person
Is it working? That's working. Okay, we'll start over. I'm Kenneth Hartman, the Advocacy Director for the Transformative In-Prison Workgroup, which is a collective of more than 85 community-based organizations that provide rehabilitative, restorative healing programs in all the prisons in California, and they collectively serve literally tens of thousands of folks inside. So it's a very large pool of people in the prison system.
- Kenneth Hartman
Person
I was also sentenced to life without the possibility of parole, and I served 38 years in the CDCR before Governor Brown commuted my sentence. I've been out about five years now. I'm honored to speak before you today about the Rehabilitative Investment Grant for Healing and Transformation, the RIGHT Grant, Version 2.0, which is the fruit of our continued partnership with Assembly Member Bonta.
- Kenneth Hartman
Person
We're also grateful to Senator Becker for his support for this ask, and we're excited that this Committee has agendized our request for 25 million dollars, which would be dedicated to program provision inside of the prisons. It's no exaggeration to say that there are years long waiting lists in the prisons for programs that are desperately needed to realize the goals of successful reentry and healing. These funds will create another noncompetitive collective grant program that prioritizes quality programs in all of the prisons.
- Kenneth Hartman
Person
And even with this, our member organizations will be receiving close to one half of one percent of the CDCR's budget. So it's actually a very small percentage of what the CDCR gets. While I have this opportunity right now, I'd like to address a few issues that I think some of these have come up as we've been sitting here. I'd like to start with the research question.
- Kenneth Hartman
Person
The reality is there exists years of quality research that demonstrates rehabilitative programming does work to lower recidivism, contrary to what is often assumed, and we'd be happy to share that research with the Committee and be happy to send it to you all if you'd like to read it. The TPW is excited to be working in collaboration with the Lab for Economic Opportunity at the University of Notre Dame.
- Kenneth Hartman
Person
This will create more high-quality research that we and our member organizations are confident will again provide definitive proof of the efficacy of rehabilitative programs in the prisons. They do work and people do know that in the research community. And then, this has come up quite a bit: the space problem, and I actually had this written before I heard what was said today. Our member organizations let us know over and over again their problems with space to provide programs inside of the prisons.
- Kenneth Hartman
Person
I know from personal experience--I lived there for 38 years--that there's actually more than enough existing space to allow for a huge expansion in program offerings. The space is often being used for storage or extra offices or any number of less important things. The space to expand and provide more programs is less about space and more about the willingness to use the space that exists. Literally, there's no reason to build anything. There's plenty of space available to run programs.
- Kenneth Hartman
Person
And finally, last year we were privileged to work with Assembly Member Bonta to create the first version of the Rehabilitative Investment Grants for Healing and Transformation, which made 20 million dollars available to our member organizations for capacity building. Our member organizations are deeply committed to building their capacity to provide more programming. This year's RIGHT Grant will fund those programs. As we recently heard Governor Newsom say, more than half of the people who exit prison return. It is clear that what California is doing right now isn't working.
- Kenneth Hartman
Person
Please join us in doing something different by investing in transformation, rehabilitation, and healing. This benefits all Californians in and out of prison, and the last thing I'll say before I pass it on is, just for the record, I've been to Norway three times since I've been out of prison. I've toured their prisons. I've met with folks over there, and be happy to answer some questions about some of the things we've been talking about earlier. Thank you very much, and I'll pass it to my friend Fateen.
- Fateen Jackson
Person
Thank you. Thank you very much. Thank you for having me. My name is Fateen Jackson, Senior, and I currently work for an organization called the GRIP Training Institute as a senior facilitator and trainer. We offer the GRIP Program in several prison institutions within the CDCR system. GRIP, standing for Guiding Rage into Power is a yearlong comprehensive offender accountability and healing program. Its focus is on having incarcerated students process past traumas and purge shame from previous bad acts that led them to prison.
- Fateen Jackson
Person
Also, it honors victims and survivors who have been harmed by violence with a dedication of making a living amends to them. It is one of the most transformative violent prevention programs in CDCR in my humble opinion. Before my employment with the GRIP Training Institute, I was a student of the program. I am formerly incarcerated and sadly served over 21 years for a violent offense myself. Early in my 36-year sentence, I began pursuing opportunities for healing and transformation.
- Fateen Jackson
Person
There were not many emotional literacy programs available at other institutions at the time. I took the GRIP Program in 2013 while at San Quentin State Prison and it completely changed my life. I denounced all criminal and gang activities to become an ambassador of peace. I became a certified GRIP facilitator while still incarcerated, and now I am going back inside in various institutions to facilitate the GRIP Program as a free person.
- Fateen Jackson
Person
Because of the GRIP Program and other rehabilitative programs at San Quentin, I was awarded a sentence commutation myself by former Governor Jerry Brown, and I was subsequently released ten years early. GRIP is not only effective in theory, it is also evidence-based. We have over 1,300 graduates within its ten years of operation, and from those graduates, over 600 has been released, and we have less than one percent recidivism from the GRIP alumni.
- Fateen Jackson
Person
Most of the returning citizens are hardworking and maintaining their transformation by giving back to their communities. A note about the GRIP Program from former San Quentin Warden Broomfield stated, he started talking to the men on the yard and could tell that their lives were changed. I asked, 'what was the secret sauce here? What's the most impactful program you've been part of?' And what came up over and over, he said, was 'GRIP, GRIP, GRIP.' This program is the real deal.
- Fateen Jackson
Person
Also, CDCR Office of Research authorized an independent academic research review of GRIP, which found that the GRIP curriculum resulted in a profoundly altered sense of agency and responsibility. GRIP students see themselves, and in many cases are identified as well by other incarcerated people on the yard as agents of positive change. Furthermore, it costs much less to provide a GRIP Program to incarcerated people than it is to house them. As you already know, the cost of one inmate per year is roughly around 100,000 dollars.
- Fateen Jackson
Person
And while it only costs about 3,500 dollars a year for per student in GRIP, GRIP success to cost efficiency will be tremendous savings for the state. We absolutely need state funding as much as possible to help expand the access of the GRIP Program to all convicted lifers and long-term violent offenders. I believe if we had more financial support statewide, then programs like GRIP can reach every institution in California. So thank you for listening, and I'm totally open for questions.
- Mannie Thomas
Person
Thank you. Chair Durazo, other Members, Member staff, thank you for allowing us the space to speak from a real lived experience and to see us. I think often sometimes we're in the shadows and that's been exhibited earlier. I'm seeing questions being asked to folks that really don't know. So the opportunity to be here, to really address something from lived experience, I can't thank you enough for that. My name is Mannie Thomas III.
- Mannie Thomas
Person
I'm the Co-Executive Director of Success Stories, a program that helps build safe communities by delivering feminist programming to people who have caused harm. It's a 12-week program. Throughout the program, you will discover what's important to you, whether or not your behavior and how you're spending your time supports that, how toxic masculinity and patriarchy have informed your beliefs and contributed to harmful gender norms, and then you will also be giving tools that will help you overcome those while also developing complex language to express complex emotions and develop feature-based thinking to deal with impulsivity.
- Mannie Thomas
Person
I went to the program for the first time while I was incarcerated at the correctional training facility in Soledad in 2016. I later became a facilitator when the program was documented in the CNN documentary 'the Feminist on Cellblock Y,' and began working for the program immediately upon my release in 2019.
- Mannie Thomas
Person
I also, like my other two fellows here, was commuted by the then Governor Jerry Brown. I was supposed to be serving a sentence of 32 years of life. I did 15 years, five months. But thankfully, I'm here before you now, and I'm able to give back to my community in ways that I can only do. Being in these positions and being able to receive state funding is extremely important because it's a commitment.
- Mannie Thomas
Person
It's a commitment to the state to recognize the work that CBOs are doing and to also know that this meaningful work is effective and it's being supported by our leaders. This work has not only assists folks in personal transformation, but it contributes to public safety and it changes the culture of prisons.
- Mannie Thomas
Person
Meaningful and dedicated funding allows CBOs to hire the graduates of their programs to do work not only in their communities, but to be able to reach some of the more isolated community prisons that we have a harder time delivering program at. It also allows organizations like ours to continue programming with alumni and to have resources to give them beyond graduation. Most people also end up giving so much to the communities that they once harmed.
- Mannie Thomas
Person
I think that these are important things that should not be overlooked because it's a way that we can continue to not only do work that's meaningful to us, but we're actually exhibiting living amends by continuing to do the work with populations that we know and love. Which leads me to my next point. It is beyond crucial that formerly incarcerated individuals are allowed to do this work.
- Mannie Thomas
Person
Even if you look at the preliminary research that our organization has done by the marginal research, it's found that relatability is key not only to participants in order for them to buy in, but to believe in a program's curriculum. Relatability is expressed in two ways. First, the participant's identification with the facilitator's experience, and second, in participating with peers who had similar experience. Also, all interviewees mentioned that they appreciated the facilitator and their peers having faced similar situations to them, like incarceration.
- Mannie Thomas
Person
This is extremely important because self-betrayal is real, and when someone can say that this person doesn't know what it's like to be incarcerated, it becomes an easy way out for those who are having a difficult time embracing new information that's pivotal to change. The sad fact is you and I can go into a room of incarcerated individuals and say the exact same thing: coming from me, it's going to mean more.
- Mannie Thomas
Person
It also gives them hope and allows them to see what their future is going to look like. One of the things that I've heard just recently was by us going in there and delivering program, individuals said that he sees his future more clearly than he has over the past 21 years, and I don't think that should be overlooked. There are some, as we've talked about, there's been many opportunities today where we've talked about some of the barriers.
- Mannie Thomas
Person
Access, I think to me is one of the biggest ones. We've talked about space, but to be honest, the way in which space is used is not utilized to the best of its ability. We've gone through the process where some of our coaches have been in facilities for six months to a year, which means they should have access to receiving a brown card, which then means they don't need staff to be there with them, which opens up that staff to then go do another program somewhere else with somebody else, and they'll come up with arbitrary reasons to why that's not happening.
- Mannie Thomas
Person
Also, anytime there's any type of change in administration--I've been dealing with one facility for over two years that every time someone in their administration trains, we have to then resubmit all of our paperwork for clearance, and now it's on their desk for the fourth time. We've been cleared to be in there since 2021 and we're still filling out paperwork. So when we talk about access, that's unforgivable.
- Mannie Thomas
Person
Why is it that we're dealing with a two-year delay in delivering program on somewhere that we're already cleared to be? The last thing that I would say is creating avenues for people like us who have the lived experience to be able to go in and speak to a population that we are uniquely not only qualified to do, but that we're passionate about seems to be the common sense thing to do.
- Mannie Thomas
Person
Because not only are we giving these folks tools to live a more healthy, well-rounded life and be reintroduced back to the communities that they love, but we're also a real living example of hope and what's possible for them. Unfortunately, when you're doing time behind CDC's walls, the thing that you're constantly reminded of is that you don't any longer have value. You're valueless. You're reminded that you're just a number no matter how hard folks try.
- Mannie Thomas
Person
When they see us walk in those doors, that changes immediately, and new things become possible for their future. So I think I just wanted to make sure that I was able to note that today. Thank you so much for allowing me to speak today, and I'm open for any questions that you may have.
- Josh Newman
Person
I, unfortunately, have to catch a flight, but I wanted to make sure that I stayed through your presentation, and I want to commend you three, but everybody else here and who over throughout this process, come to us and give us the insight that only you can provide. These are big systems. These are big numbers. Your last point is the best one. These are real people.
- Josh Newman
Person
These are real lives, and if we believe in rehabilitation, but just as importantly, in redemption, we should make sure that we are listening and that we're providing an open mind and funding for the kinds of programs that you are innovating and then delivering and doing so in ways that nobody else can. And so appreciate that. As far as Norway, Norway, Norway, so I'm going to Norway this fall. Everybody's going to Norway. So I'm actually very much looking forward to it.
- Josh Newman
Person
I spent the last year deliberately trying to spend as much time sort of in and around the system as I can, and I can say, as your average generic guy, you cannot appreciate what it's like behind the walls unless you've been behind the walls. And I am also aware that I cannot fully appreciate what it's truly like to be there because I get to go in and out. And so thank you. And the work continues, and I'm very grateful to have Chair of the Subcommittee and Senator Durazo. We collectively are very committed to finding not only the ideas, but the resources to make these things possible. Thanks very much.
- María Elena Durazo
Legislator
Thank you, Senator Newman. I just have one question that each of you could answer in your own way. When you're able to get, I guess, you figure out a relationship with a certain one of the prisons, and you go in and talk to the warden or you make a proposal--I'm not sure exactly the details of how that happens.
- María Elena Durazo
Legislator
Do you need to work with other organizations as well as your own to make sure that there's a successful--that you successfully provide for each of the men and women that you're working with? There's both being on the inside and the needs while they're still incarcerated, and then there's needs getting ready to be released and then there's needs after they're released. So do you try to go in with the full service of, for, during, after? Do you provide them all yourselves?
- María Elena Durazo
Legislator
What are the models that you represent? Because I suspect it's not just a matter of while you're incarcerated and then when you're released, that's the end of it. That's the end of it all. That's probably the beginning of all the things that are going to be needed to get back on track with yourself and your family. So, any comments about that?
- Mannie Thomas
Person
Yeah, I think so. That can look a myriad of ways. We do try to--at Success Stories--we try to make sure that we have many access points, but we also work with others because we allow our participants to tell us what's needed, and if there's resources that we can provide, then we provide them, which is why our alumni network is so powerful, right.
- Mannie Thomas
Person
We want to make sure that, okay, what resources are you not getting from us and then what sister organizations can we then collaborate with to make sure that happens, whether that be housing, whether that be job placement, whether that be how we show up in our community. Some of them want to go to certain advocacy groups and learn how to affect change in their community and what it means to write legislation and all that. So we might partner with someone like IJ.
- Mannie Thomas
Person
We might partner with other organizations that are doing work with families that you might need to develop a new form of effective communication that maybe you didn't necessarily develop in a 12-week period that you were going through with us, but it's constant programming like that. We have leadership programming. We've done stuff where we did credit, how to fix your credit, how to build credit, how to buy a home.
- Mannie Thomas
Person
So if we can provide it, yeah, but at the same time, we understand that individual success is based upon how interactive they are with their community, and we model that by working with one another. I think that that's why the TPW is so powerful because it shows you what's possible when 85--or is it 85 member organizations?
- Mannie Thomas
Person
When 85 member organizations come together that says, 'okay, we're going to collectively look at the needs of our people and then figure out how to give them what they need so that they are in the best position to succeed when they get home.'
- María Elena Durazo
Legislator
Individually go to that institution and to provide the service that's going to be needed, either inside or outside? Do you each individually go in to do that or do you go in as a group or coalition of organizations?
- Mannie Thomas
Person
So I think it's both and there may be times where organizations go together, but more often than not, organizations are probably working at delivering their particular program, and then as things come up or there's things that are needed that maybe that isn't answered in that direct program, most programs will find another program to meet whatever that need is. But most, like, for instance, Success Stories and GRIP don't necessarily go in together, right.
- Mannie Thomas
Person
But if somebody needed further training or they showed interest or whatever it was, it's just like, 'okay, well, I know another organization that you can go to to get that specific thing.' Does that make sense?
- Fateen Jackson
Person
Yeah, absolutely. Like what Mannie was saying, most of the organizations that go inside the institutions operate from their organizational philosophy, whatever that is, that they're going to deliver the program. That's the focus. Like GRIP, that's our focus. We currently are operating in five prisons, and we're looking to expand to two more, which is CCWF, CCWF Chowchilla, as well as SATF Corcoran.
- Fateen Jackson
Person
So this is new to expand GRIP, along with another pilot program we have called the Breath of Freedom, which is a standalone program for folks to learn. We do all that on our own. We have operations, folks in the office that make sure that formerly incarcerated folks like myself, who are facilitators, are able to get clearances to go in for at least a year to deliver the program. That's not always an easy thing.
- Fateen Jackson
Person
We be getting denied over not having a letter from our parole officer or the warden, just not ready for formerly incarcerated folks to come in and deliver a program. So it varies. Like you said, it varies far as barriers, as far as access. But when it comes to alumni that graduate our program and are released, they are part of a larger community of GRIP and will have access to aftercare resources.
- Fateen Jackson
Person
And aftercare resources is someone helping them with the important documents they need in order to find gainful employment, like the IDs, the birth certificate, things like that. It will be somebody assigned to help them get that. And we also have what is called the Circle of Love, which is a space for folks to just be in meetings and to just vent if they have to, to just depressurize what the world is showing up in their lives.
- Fateen Jackson
Person
And so we make sure we try to be present for that so folks feel supported and to not feel alone and isolated, where a lot of those factors is where folks reoffend.
- Mannie Thomas
Person
And similarly, Success Stories has the same thing where we call it pod mapping, where you identify folks who are going to be there for you for whatever the need is, right, and everyone doesn't have the same group, right? You may have this person you reach out to if you're feeling stressed, this person if you're having interrelationship turmoil, whatever.
- Mannie Thomas
Person
So yeah, I think each organization will have their way to deal with that, but there's times where we don't need to reinvent the wheel. If I know GRIP is good at a particular thing, I'm going to call GRIP, 'hey, I got this alumni that needs this, how can we introduce them to your program?
- Kenneth Hartman
Person
Yeah, and I would just add, so speaking from the perspective of TPW, so we don't provide programs directly, but we represent organizations that do provide programs, and we've tried to build this collective of 85 organizations now. I think it'll be closer to 90 fairly soon. I think we have mostly every community-based organization, nonprofit that provides these kind of programs in the prisons in California, part of the TPW.
- Kenneth Hartman
Person
What we try to do is basically pool all these talents so that we become a resource and a clearinghouse for when GRIP reaches out to us and says, 'hey, we want to do this,' we can say, 'oh, you could talk to here, here, here, and here.' We can connect people. And probably at this point, and for my own--what I do actually--is come here and represent all these organizations to you and to the CDCR, to the Governor's Office, to other places.
- Kenneth Hartman
Person
I think the message that we feel is most important to be heard is--and it's not a coincidence that there are three formerly incarcerated people sitting in front of you--there's a credible messenger issue is what I think we've been kind of getting around, right? When we go in and talk to people, they're going to listen to us more than they're going to listen to pretty much anybody else because I was there with you recently myself about five years ago.
- Kenneth Hartman
Person
But I think the biggest message here is that people coming in from the community with lived experience, and not just with lived experience, but people from the communities that are most impacted, people that look and have had similar lives, like the people inside, I think those are the people that can have the biggest impact on helping people recover from the things that led them to prison in the first place so that they can get out and they can be successful citizens who are contributing to society.
- Kenneth Hartman
Person
I would not be out and be able to do what I'm doing if it were not for the programs that I represent now. So, I mean, that's what saved my life and that's what made me able to become here and do what I'm doing right now, and I don't think I would have been able to do that without those kind of programs, frankly.
- Kenneth Hartman
Person
So I think the reason these programs matter is if we're going to actually transform California's prison system to the California Model, whatever that turns out to be--curious myself, too--there has to be a culture change inside. You mentioned that yourself, and I cannot agree with you more, and it's a radically different culture change than what we have right now. There's no question about that. And part of that has to be that rehabilitation comes from the community.
- Kenneth Hartman
Person
It comes from people who come in because they care. And if you go to Norway, and I believe you've been there, I remember one of the prison officials saying, 'we don't do any rehabilitation programs because we're not good at it. The community comes in to do rehabilitation programs because we're at the best place to get them.' And we believe that to be true here because Norway is full of human beings and we're human beings too. Yeah, I know they look a little different, but they're human beings too. So that's, I think, that's like our biggest message.
- María Elena Durazo
Legislator
Good. Well, thank you very much for waiting as many hours as you have to be here with us. Your sharing of your stories is very important to us, and we're going to keep on doing the best that we can to provide the resources for you to do that work and to expand to everyone. So thank you.
- Mannie Thomas
Person
Thank you. Thank you so much.
- Kenneth Hartman
Person
Thank you so much. Appreciate you. And go Dodgers, by the way.
- Fateen Jackson
Person
Go Lakers.
- Kenneth Hartman
Person
I'm from Los Angeles area. I'm in Southern California.
- María Elena Durazo
Legislator
We're going to end today with Issue Five: promoting equity in the parole hearing process. Ms. O'Neil and Ms. Shaffer from the Board of Parole Hearings.
- Caitlin O'Neil
Person
Caitlin O'Neill with the Legislative Analyst Office.
- Caitlin O'Neil
Person
Thank you. I've been asked to provide an overview of our recent report called promoting equity in the parole hearing process. I'll be speaking from a handout of the same name, which is available along with copies of the report, in hard copy here in the room, as well as them linked on the committee's website and our website. Moving to page one, I'll start by providing some background on the parole hearing process.
- Caitlin O'Neil
Person
The board of Parole Hearings is within the California Department of Corrections and Rehabilitation and composed of 21 commissioners who are appointed by the governor and confirmed by the senate. Hearings are conducted by typically one of these appointed commissioners working alongside what's called a deputy commissioner, which is not appointed staff person. They're an administrative law judge. For the purposes of my comments, I will be referring to them both as commissioners.
- Caitlin O'Neil
Person
For simplicity, there are a few different groups of people in prison who are eligible to receive parole hearings. The first and largest group are all individuals with indeterminate life sentences. So that means a specific number of years to life, like 25 years to life. Those are typically given for particularly severe crimes such as murder, and these individuals cannot be released unless found suitable through a parole hearing.
- Caitlin O'Neil
Person
Then there's a small group of people who are also eligible for parole hearings that are people who were convicted of life without the possibility of parole for crimes committed as minors. And that's because there's been two US Supreme Court rulings that require these individuals to have a meaningful chance at release. And in California, that's done through a parole hearing after 25 years of incarceration. And the final group is certain people with determinate sentences.
- Caitlin O'Neil
Person
Determinate sentences are a specific number, a fixed number of years, that after serving less any credits they earn, they're released by operation of law. However, in cases where certain cases where people have particularly long determinate sentences, specifically people under the age of 20 who were under the age of 26 when they committed their crime and generally have served 15 years in prison or are currently over the age of 50 and have served 20 years, can get a chance to be released earlier than otherwise through a parole hearing. Moving to page two, there are two key decisions made in parole hearings.
- Caitlin O'Neil
Person
The first is, would the candidate pose an unreasonable risk of danger to the public if released? And that's because the California Supreme Court has ruled that that is the central question that commissioners are tasked with answering in the hearing. And also the court has ruled that in denying parole, commissioners must be able to point to some evidence that the individual poses that risk.
- Caitlin O'Neil
Person
If the person is not granted parole in a hearing, then the second question becomes, how many years should the candidate be required to wait until they have their next parole hearing? And that number of years is often referred to as the denial period. Next, I'm going to talk about some of the key steps in the process. The first occurs five years prior to a candidate's first parole hearing, and that's when they get an opportunity to meet with a commissioner who talks through the process.
- Caitlin O'Neil
Person
Factors relevant to the board's decision making, as well as provides recommendations to the candidate on ways they can increase their chances of being found suitable. About six months prior to when a candidate is expected to have a hearing, BPH staff will schedule that hearing for a particular week, and statute gives candidates the right to be represented by an attorney at parole hearings. So about four to five months before their hearing, BPH will appoint attorneys for people who do not retain a private attorney.
- Caitlin O'Neil
Person
These attorneys, state appointed attorneys, are required to provide certain basic legal services to candidates. Based on anecdotal information, which is the only information available about this, it does seem that private attorneys tend to spend, provide additional services, a wider range of services, and work with their candidates potentially over a longer period of time relative to the state appointed attorneys.
- Caitlin O'Neil
Person
About four months prior to the hearing, candidates are typically assessed for the risk of violence by a BPH psychologist and then no later than 45 days before their parole hearing, candidates have the right to waive their hearing for one to five years or to stipulate to unsuitability, which essentially someone might take one of those actions as a strategic means of avoiding going to a hearing and receiving potentially a longer denial period.
- María Elena Durazo
Legislator
That's the risk they take if they lose?
- Caitlin O'Neil
Person
If somebody chooses to go to a parole hearing and they're denied parole, they could receive up to a 15 year denial period. And so some people might choose to either waive their hearing, meaning, I'm just not going to do it right now, we're going to delay it, essentially, or to stipulate to unsuitability, saying, I am not suitable at this time, I'll request to be denied for five years, and then that's sort of a way to essentially avoid the risk of a potentially longer denial period. Does that make sense? And if you wanted to clarify.
- María Elena Durazo
Legislator
Does someone have an absolute right to a hearing?
- Caitlin O'Neil
Person
Hearing to receive the hearing? Yes, that is my understanding.
- María Elena Durazo
Legislator
You can probably answer that when you want to wait until whenever.
- Caitlin O'Neil
Person
Yeah. The waiver is just basically their choice to, to delay the hearing, to waive their right to a parole hearing, to basically say, have it occur one to five years in the future. Is that right? I have it written down here.
- Jennifer Shaffer
Person
That's correct.
- Caitlin O'Neil
Person
And I think there's a limit on the amount of time that. The amount of times that that can be done.
- Jennifer Shaffer
Person
They can waive their hearing three consecutive times, and then they have to go to hearing.
- Caitlin O'Neil
Person
You could think of it maybe a little bit analogous in some ways to plea bargaining. I don't know if that's a reasonable comparison, but no, not for a waiver for stipulation, is what I mean. Yeah. Sorry.
- Caitlin O'Neil
Person
Basically, the person is saying the waiver is sort of a delay, and then the stipulation is saying, where there's no decision made on whether they're suitable at that time, it's just delaying the hearing. The stipulation is more of they're saying they're not suitable at this time. Please deny me for five years or what have you, rather than potentially risk a 15 year or a seven year. Does that make sense?
- María Elena Durazo
Legislator
Okay, thank you.
- Caitlin O'Neil
Person
And then, of course, there's the parole hearing itself, where commissioners ask candidates questions about their social history, mental state, attitude toward their crime, and plans if released. And in the last few years, BPH has adopted a structured decision making framework, which commissioners use to guide them through these questions and their decision making process. And it's intended to focus their time on factors that research has found to be most associated with risk of violence.
- Caitlin O'Neil
Person
And finally, after a decision is made in cases where the person granted parole at the hearing, the governor does have an opportunity to review those decisions. Moving to page four, I'll begin discussion of our findings. And we found that two aspects of the parole hearing process could lead to inequitable outcomes. The first is that we found that overly broad discretion is afforded to key actors which could allow bias to enter into decision making.
- Caitlin O'Neil
Person
For example, as I mentioned, commissioners are using a structured decision making framework to guide their question asking process and decision making process in the hearing. However, they still retain full discretion in terms of their ability to consider factors outside of the framework and ultimately how to weight the various different factors in the framework. Ultimately, they can deny parole as long as they can point to some evidence, regardless of how much evidence there is to the contrary, that an individual poses a risk of danger.
- Caitlin O'Neil
Person
And so we acknowledge that there are certainly some benefits to discretion. But on balance, we found that it is overly broad and opens a risk for various types of cognitive or institutional biases to enter into decision making. And research has found that humans are vulnerable to various types of biases, unconscious biases, one example being implicit bias, where people have been found by research to associate certain groups of individuals with certain traits, often based on stereotypes.
- Caitlin O'Neil
Person
One particular concerning research finding here is the association between Black and Latino men and dangerousness. There's also some more recent results looking at finding people. Transgender and non binary people are face negative associations. So to the extent candidates are subject to these associations or other types of negative biases, this would disproportionately disadvantage them in the process and vice versa for candidates subject to positive biases.
- Caitlin O'Neil
Person
So in addition to this discretion, we found that the process lacks some key safeguards on the use of discretion, including publishing data on the outcomes of hearings disaggregated by subgroups, as well as external monitoring of the process. Turning to page five, the second component of our assessment is that we found that the process potentially affords inequitable access to effective legal and hearing preparation services.
- Caitlin O'Neil
Person
And really quickly, I'll just define those terms, really hearing preparation services, which is something that we came up with for ease of communication. We're thinking about there's, of course, legal services, which is what you probably think of when you hear that term. And then there tends to be other types of services that are sometimes provided by attorneys.
- Caitlin O'Neil
Person
Particularly, it seems more so in the private attorneys or services that people find in other ways through different types of self help programs perhaps that help them kind of do the deeper work to develop the emotional vocabulary as we were just hearing about or understand victim impact and learn how to communicate that effectively and communicate their personal change and journey effectively to the board.
- Caitlin O'Neil
Person
So when we looked at the data, we found that candidates represented by state appointed attorneys were granted parole at around half the rate of those represented by private attorneys. And so this could be for a variety of reasons. For example, it could be that people wait until they feel that they have a really high chance of being granted parole before they retain a private attorney. However, there is some other information that raises concerns that there could be something else going on contributing to this disparity.
- Caitlin O'Neil
Person
Specifically, a survey of parole candidates suggests that state appointed attorneys may not be meeting all of BPH's minimum expectations. For example, only about 8% of respondents confirmed that their state appointed attorney met all of those minimum expectations. Now, this is very limited data, but it is the only data that we have on this issue. And then, as I mentioned earlier, it could be that private attorneys are just simply providing more services over a longer period of time, more diverse types of services.
- Caitlin O'Neil
Person
So it may not be that private attorneys are underperforming necessarily relative to the expectations that have been set out for them and their pay level, but their workload. It could be a product also of just the structure that exists. So to the extent state appointed attorneys are providing a lower level of service, it raises an equity concern, as it would mean that otherwise identical candidates might have different outcomes based on their ability to access a private attorney.
- Caitlin O'Neil
Person
And we also would note that to the extent this concern exists, it could be exacerbating other equity concerns in the process. For example, candidates who face other types of disadvantages may be more likely to benefit from the help of a private attorney who has more time, or any attorney, really, who has more time, to dedicate to their case. So, moving to page six, the state has taken some steps to address these concerns in recent years.
- Caitlin O'Neil
Person
Specifically, BPH itself came to the legislature in 2019 citing concerns about the difficulty in attracting and retaining competent state appointed attorneys. So the 1920 budget provided BPH with ongoing funding to increase attorney pay from $400 per case to $750 per case, as well as to contract with a nonprofit organization to provide increased training and mentorship for attorneys. The 1920 budget also provided 4,000,000 one-time to a nonprofit called uncommon law to pilot a program to deliver parole hearing preparation services outside of the traditional attorney client model.
- Caitlin O'Neil
Person
In other words, the idea being that perhaps through a group parole hearing focused group program, people might arrive at their state appointed attorney more prepared than they would otherwise. Ultimately, in short, we found that there just simply isn't enough information out there to know whether these program, whether there have been, whether these steps that the state has taken have been effective, and to know whether to what extent the concern still exist.
- Caitlin O'Neil
Person
I'd also note that, as you heard on the previous panel, the state has been putting money into various types of programs that are not necessarily under the guise of parole hearing preparation, but more just broadly focused on self help, insight, development, et cetera. So it's possible that those programs out there are also helping people prep for parole, but we just don't really have a sense of that because we don't have information about kind of who they're serving systematically from the perspective of parole hearing preparation.
- Caitlin O'Neil
Person
And then moving to recommendations on the issue of discretion, we recommend limiting that the legislature consider limiting the discretion of parole commissioners. As I stated earlier, the current standard was established through case law. So this is something, the level of discretion is something the legislature hasn't weighed in on. So it could consider doing that.
- Caitlin O'Neil
Person
And then we have some specific recommendations to add some key safeguards on the use of transparent of the use of the discretion, such as adding transparency and external evaluation. And then turning to page eight, very briefly our recommendations on the issue of access, equitable access to effective legal and hearing preparation services. As I noted, we found that there just isn't enough data and evaluation currently available to be able to assess the current state of this concern.
- Caitlin O'Neil
Person
And so we recommend collecting data and conducting evaluation on these issues in order to identify any remaining concerns and barriers and to guide future legislative action in this area. I'm available for questions at the appropriate time.
- María Elena Durazo
Legislator
Thank you. Thank you very much. That was very helpful.
- Jennifer Shaffer
Person
Good afternoon. Thank you for having me here today. My name is Jennifer Schaffer. I'm executive officer for the Board of Parole Hearings. I think I just want to start with the fact that the issue of discretionary parole in general, especially for people convicted of the most serious of crimes, generates significant interest from many people whose views and life experiences vary greatly.
- Jennifer Shaffer
Person
And while the board respects those varying perspectives when it comes to decision making, to determining when people serving lengthy sentences for crimes such as murder, kidnapping, and rape can safely be released from state prison, the board focuses its decisions on the law and what research tells us about the science of risk assessment. And it's from that perspective that I'd like to address some of the concerns raised by the Legislative Analyst Office report. I believe the LAO's report can be distilled to two main issues.
- Jennifer Shaffer
Person
One is a concern that the board's decisions may be susceptible to implicit bias. The other is a concern about the quality of legal representation provided by the attorneys appointed by the board to represent incarcerated people in the parole hearing process. Both of these issues are very important to the board, and I'd like to share with you some of the many ways in which the board has been addressing them.
- Jennifer Shaffer
Person
The board's approach to the issue of implicit bias has three main components, extensive training, hearing procedures, and research. With respect to training, the administrative office of the courts has provided the board with training similar to the training provided to Superior Court judges concerning judicial decorum and bias. We've had speakers providing training on the topic of implicit bias at our public board meetings, and all board staff are required to complete CDCR's implicit bias training.
- Jennifer Shaffer
Person
The board's hearing officers have also received training on implicit bias both online and in person, as part of professional training conferences for paroling authorities that they attend annually. All new commissioners are required to attend an intensive eight day course on how to conduct fair hearings provided by the National Judicial College in Nevada. In addition, our forensic psychologists have received training on implicit bias annually or at least bi annually and they're scheduled to receive robust refresher training specific to race ethnicity and risk assessment next month.
- Jennifer Shaffer
Person
As for the procedures in place to guard against bias in the board's parole hearing process, as LAO discussed, we have adopted a structured decision making framework. In 2019, we implemented that framework. It is an evidence-based, structured decision making framework originally developed by the National Parole Board of Canada in conjunction with forensic psychologists. The framework focuses parole hearings on specific issues that decades of research on risk assessment and crime desistence have shown to impact a person's overall risk of recidivism.
- Jennifer Shaffer
Person
The National Institute of Corrections and the Association of Paroling Authorities International have adopted the structured decision making framework as an evidencebased best practice for discretionary parole decisions, and today it is used in at least 10 states in addition to the National Parole Board of Canada. Procedurally, every hearing is conducted by a panel of at least two people, one commissioner and one deputy commissioner. We rotate the composition of the board's hearing panels weekly so commissioners work with a different deputy commissioner each week.
- Jennifer Shaffer
Person
And all of our deputy commissioners are experienced civil service administrative law judges. They are all attorneys. I think it is important to note that parole decisions do not become final for up to four months, and during that time, anyone can request that the decision be reviewed by the board's chief counsel, who can refer it for review by the full board at a public board meeting, and all parole decisions are subject to review by the governor and the courts.
- Jennifer Shaffer
Person
With respect to research on this issue, the most recent independent analysis of the board's parole hearing outcomes by race and ethnicity was conducted by UC Berkeley at the request of the Committee on Revision of the Penal Code. The study looked at the outcomes of all parole hearings conducted in fiscal year 2019-20. The report found, and I quote, unlike the other parts of the criminal legal system, in the one year sample of parole hearings reviewed, parole grant rates across racial groups showed little disparities.
- Jennifer Shaffer
Person
White people were granted parole at a rate of 36%, Black people at 34%, and Latinx people at 34%. When the researchers took into account disciplinary rules violations, they found that grant rates for Black and Latinx people were actually higher than the grant rates for similarly situated white people. We just recently released our report of significant events. It's a statistical report for all of our hearings that were scheduled in 2022 last year. Happy to leave you a copy.
- Jennifer Shaffer
Person
In looking at the data behind that report. For all of the hearings that were conducted in 2022, the grant rates for Black persons was 28%, Latinx persons 29%, and White persons 25%. I say this because hearing outcomes. One of the recommendations is that we provide more data. I caution people from just looking at the outcomes of hearings by race and ethnicity. And the reason I say that is because if you're making truly risk related decisions, you need to control for relevant risk factors.
- Jennifer Shaffer
Person
And so while the numbers I just gave you are encouraging, we actually wanted to know more. And so we have reached out to UC Berkeley, specifically doctors Jennifer Scheme, she's a nationally renowned expert on risk assessment, and Dr. Stephen Raphael, who's been working with the Committee on a Revision of the Penal Code, very well known national expert on sentencing and criminal justice issues.
- Jennifer Shaffer
Person
And we just recently turned over a plethora of data concerning all hearings that were scheduled in 2021 and 2022, specifically for purposes of determining, controlling for those risk related factors and letting us know if there are parts of our system that are subject to bias that we can't explain based on the data. And so we look forward to the information from that.
- Jennifer Shaffer
Person
By the way, the UC Berkeley, they obtained independent funding for that project, and that project has been approved by both UC Berkeley and CDCR's Research Oversight Committee, and we turned over that confidential information last week.
- Jennifer Shaffer
Person
The board is also working with Carlton University's criminal justice decision making laboratory on research to ensure we're using appropriate interview techniques to obtain the most accurate and relevant information from persons who have a variety of life experiences, and for us to receive that information in a manner that is sensitive to cultural differences, age, gender, historical trauma, and other relevant factors.
- María Elena Durazo
Legislator
I'm sorry, you mean questions asked during the hearing?
- Jennifer Shaffer
Person
Yes, questions asked during the hearing. And we expect to have some rather extensive training. We've had lots of training on trauma and how to conduct a hearing in a trauma informed manner. But it looks as if we're about to schedule another couple hours of that next month or in the next couple of months. The second issue raised by the LAO report is a concern about the quality of attorney representation in parole hearings, specifically attorneys appointed by the board, and we refer to them as panel attorneys.
- Jennifer Shaffer
Person
So panel attorneys, state appointed counsel, I'll be sort of using those interchangeably. In 2019, that was the subject of litigation, and although the board prevailed in that case by successfully proving that the quality of representation was legally sufficient. The board nevertheless, on its own initiative, took significant measures to improve the overall quality of panel attorney representation. So the panel attorney application process now includes an interview by the board's attorneys and reference checks. There are minimum expectations for panel attorneys that have been established.
- Jennifer Shaffer
Person
Mandated training has been greatly expanded and improved. And the amount paid to panel attorneys, as previously discussed, has increased. Specifically, it's increased from $400 a case in 2019 to $900 per case, so that we're able to recruit and retain a larger pool of qualified persons. In 2020, the board contracted with a nonprofit entity called Parole Justice Works to oversee the training of panel attorneys and monitor the quality of their representation through hearing observations, reviewing hearing transcripts, and conducting surveys of the incarcerated population and the board's hearing officers about their representation.
- María Elena Durazo
Legislator
If I could just jump.
- Jennifer Shaffer
Person
Yes, please.
- María Elena Durazo
Legislator
Is there any kind, I don't mean clearance. I'm trying to think of the word pre sort of interviews with these attorneys. Is there a threshold of what they must meet in order to represent the applicants.
- Jennifer Shaffer
Person
Minimum experience or whatnot?
- María Elena Durazo
Legislator
Exactly.
- Jennifer Shaffer
Person
We don't have minimum. No, and here's why we thought about that, that you should be a member of the bar for five years or have some sort of level of experience. But I have to tell you, some of the best panel attorneys we have are folks that have gone through legal clinics. They've served as students in law school representing people before the board. So they know those folks really well.
- Jennifer Shaffer
Person
So parole justice works. The reason why we contracted with them is because they were founded. Their president and founder is Heidi Rummel, who is probably the one person in the state who had developed curriculum and who had 20 years of experience teaching people how to represent people before the board. And so she had many, many years and had well established curriculum. So Parole Justice Works is basically in charge of training all of the folks, and we didn't want to take that on.
- Jennifer Shaffer
Person
I think it's inappropriate. Right. There's kind of a fine line between really good advocacy and it's okay to make the judge feel a little uncomfortable. Right. But we didn't want that to actually factor know how we would train somebody. So parole justice works.
- Jennifer Shaffer
Person
They actually, by the way, Heidi Rummel, I should get this straight for the record, she's Director of USC's Gould School of Law's post conviction justice project, and that's where she has taught law students on how to competently represent people at parole hearings for the last 20 years.
- María Elena Durazo
Legislator
Heidi Rummel.
- Jennifer Shaffer
Person
R-U-M-M-E-L. Drawing on her extensive experience, PJW. We use acronyms. Parole Justice Works, PJW, has developed a mandatory panel attorney training program consisting of 30 interactive educational videos for which participants receive minimum continuing legal education MCLA credit for the state bar. They've developed a web based portal for panel attorneys where they can access the training videos along with an extensive library of resources and documents, including documents for clients written in both English and Spanish. They host virtual panel attorney roundtable meetings every three weeks.
- Jennifer Shaffer
Person
They coordinate popular and active mentorship programs that pair new attorneys with experienced attorneys for guidance, advice and feedback. They also send a client survey to every incarcerated person who appears at a parole hearing. And unlike the data that was referenced in the LAO's report, which was really over, admittedly limited data, it was sent to people over, I believe, like a two month period of time, and there were people who had all been denied parole. And so to me, that's not a particularly good or robust reflection.
- Jennifer Shaffer
Person
PJW has sent and received and processed over 2000 client surveys, and so these are folks that have both been granted parole and denied parole by the board. According to their surveys, 63% of the people responding report that they were either satisfied or more than satisfied with their attorney's representation at their parole hearing, and 60% describe the attorney's prehearing preparation of them as either making a big difference in the hearing or important or helpful in the hearing. Sorry, just a couple more points.
- Jennifer Shaffer
Person
I also want to caution people from looking, comparing panel attorneys to private attorneys based on hearing outcomes. We looked at all of the hearings conducted within a year. And when you compare panel attorneys versus private counsel, private counsel only represent about 10% of people who have hearings. So 90% of people that come before the board are represented by panel attorneys. What we found is that state appointed counsel are much more likely to represent somebody who is required to register as a sex offender.
- Jennifer Shaffer
Person
They're more likely to represent people who are determinately sentenced, which we can get into why it is that determinately sentenced people who come before the board do not get granted parole at nearly the rates that indeterminately sentenced persons do. They're more likely to represent somebody who has a significant mental health disorder and is actively participating in the department's mental health delivery system.
- Jennifer Shaffer
Person
They're more likely to represent somebody who has had multiple recent rules violations that are deemed serious or administrative, and they're much more likely to represent somebody at their first hearing. The reverse is true for private counsel. They're much more likely to represent people who are in the general population as opposed to the mental health delivery services program. And they're much more likely to represent people who have either not had a recent rules violation or have only had one in the three years preceding.
- Jennifer Shaffer
Person
Sorry, I'm almost done. In conclusion, a couple of things. The board's focus on the law, the science of risk assessment, and improved attorney representation has enabled us to safely release more than 11,000 people serving terms of life with the possibility of parole. And our recidivism reports consistently show that with the addition of the last two reports, we have seven years of releases where there's been a three year follow up period. That's 4200 people, 4197 persons released reflected in those recidivism reports. Only 21 have been convicted of a new felony involving harm against another person. And there's a 2.7% conviction rate for any new misdemeanor or felony as a result of being released from a grant from the board. The total of 114 people. So the last thing I will say is, these are really difficult decisions. I appreciate people having a lot of perspectives about how we should make these decisions, what our legal standards should be.
- Jennifer Shaffer
Person
But I don't want to lose sight of the fact that these are people, and not just the people that come before us, but the people in the communities, the victims, and the survivors that come before us, and how meaningful these decisions are. Our hope is to continue making a positive difference in our communities by identifying the right people who have truly transformed and who can be safely released to be released into our communities. Thank you. I appreciate your time, and I'm sorry my was a little long.
- María Elena Durazo
Legislator
Thank you. Thank you very much, Ms. Schaffer, I really appreciate your insight.
- María Elena Durazo
Legislator
Let's see here. You talked about the outcomes just sort of a very broad, I don't need a long answer to this, but it seems to me a lot of what guides not only these hearings but other things that happen in our prison system is what do you see as your mission? What drives you? And we talked about Norway a lot. What drives them is really different from what I think drives the prison system here in California.
- María Elena Durazo
Legislator
So what drives them is an absolute, it's not a punishment. It's more of a rehabilitation side of, that's very, very clear. So everything flows from know, I want you to say the right thing, but really, what is the mission that drives this?
- María Elena Durazo
Legislator
Because if it's just so fearful that somebody who gets released will then turn around and commit a crime, then it's all over the headlines and the newspapers. So that's what there's a fear of that. So I don't know if you get where I'm coming from.
- Jennifer Shaffer
Person
I could probably answer that in a couple of different ways, and I'll try to be as brief as possible. One is there's been a lot of changes in the law. So a lot more people are eligible for parole hearings earlier than they anticipated, or they never thought they'd have an opportunity for parole. So for us, we see ourselves as more of the judge, the court, a neutral body.
- Jennifer Shaffer
Person
We don't care how somebody gets to us. We don't care how long they've served. I know that may sound upsetting to some folks, but we don't. Once the law says that you're eligible for parole, we're just looking at who are you? Who are you today and can you be safely released?
- Jennifer Shaffer
Person
The other thing that I would say is that when we say that we're committed to public safety, it's not just about a filtering system about who can be released to the community and whether we're putting the community at risk. We're also looking at the safety of our institutions. And I can tell you I've been to every single institution in the state multiple times.
- Jennifer Shaffer
Person
And when I go out there and I talk to the wardens and I talk to the custody staff and the inmate advisory council members, what I hear from them is that as we continue, every time that we grant parole to someone that everyone there knows deserves to go home, we're creating hope for other people to do that work.
- Jennifer Shaffer
Person
And if people have hope to me, what I've been told and what I've seen in the institutions is somebody who doesn't have any hope is a really dangerous person sometimes to incarcerate, and that puts staff and volunteers and our communities at risk. And so for us, yes, it's about public safety, but we shouldn't exclude our institutions from that.
- Jennifer Shaffer
Person
There are communities, too, and I think that they're safer if people have hope that if they do the work, that's going to be recognized and they're going to have a meaningful opportunity to be released.
- María Elena Durazo
Legislator
Okay. Before we end, I just want to ask Ms. O'Neill, if you have any comments in response.
- Sheridan O'Neal
Person
Sure. On that question that you asked, I think overall. I would say that what was just expressed in terms of the goals, I think that that is an example or kind of illustrative of why we focus on the process, elements of the process, because the goals could change if we have a new leadership coming in, new membership, and we have heard a lot of, there have been positive changes.
- Sheridan O'Neal
Person
My comments I kept at a high level, but we do talk a little bit more in the report about how there are things that BPH has been doing to create some more structure. There is training, a lot of training going on, it sounds like. But at the end of the day, one, that could change in the future. That's not a firm part of the process itself. And two, we still don't know if it's working.
- Sheridan O'Neal
Person
As part of the research I did for this report, I watched a handful of hearings. I also know that there's a lot of people who are, I talked to a lot of different stakeholders, including Ms. Schaefer multiple times, parole commissioners, people who represent candidates, people who've gone through the process.
- Sheridan O'Neal
Person
And at the end of the day, there's thousands of these different hearings happening across the state in a year, and everyone's seeing kind of their individual set of them.
- Sheridan O'Neal
Person
It's impossible for me to look at all a sample size that's large enough to be able to draw, really a research based conclusion, if you will. That's why we recommend having research so qualitative and quantitative, so we can really understand if there's just a lot of different perspectives out there on kind of what the dynamics are and how the discretion is being used.
- Sheridan O'Neal
Person
And it could be some cases where there's examples where it's been being used well, which is obviously a subjective concept, or where there are cases where maybe bias is occurring. So at the end of the day, like I said, we just don't have information. The process doesn't have really a clear mechanism for which there is external monitoring and release of data in a way that allows for us, at least up to now, to have a sense of really what's going on systematically.
- Sheridan O'Neal
Person
And then I would note it is promising to hear that BPH is partnering with UC Berkeley researchers to conduct a rigorous analysis. That's something that is a recent development. The data that was Ms. Schaefer cited that shows that release rates by certain racial groups are relatively similar.
- Sheridan O'Neal
Person
That really doesn't tell us much. And there's a whole number of reasons I could talk about as to why that was really just some statistics. That's not research.
- Sheridan O'Neal
Person
It's great to know, start to see more and more data coming out. But again, we really would want to see, as Ms. Schaefer said, a rigorous research study. And then also it was noted that the parole justice works does have collect information through client surveys.
- Sheridan O'Neal
Person
That's not something that we or the Legislature have had access to. So we're relying, like I said, on very limited data at this point in terms of the attorney quality issue.
- Sheridan O'Neal
Person
And so maybe there's a way for some of that information to be shared or kind of collected. But at this point, again, we still don't have a good window on what's going on. And then finally, just kind of on the attorney topic. As was noted, the state is in litigation around the attorney quality or level of services, essentially.
- Sheridan O'Neal
Person
And I want to be clear that our recommendation, we're not weighing in on that, on what is the legal amount of services that are required here. We're just pointing out that there is a potential equity concern if you have some people who are not able to access additional services that other people may be able to access.
- Sheridan O'Neal
Person
And that's something that there's a myriad of different potential equity concerns out there in the world that the Legislature may choose to tackle. And so this is one that we present as an option for your consideration.
- María Elena Durazo
Legislator
All right. Any final words before we -
- Jennifer Shaffer
Person
No, I think just the one thing I'd like, there was a lot of discussion about lengthy denial links. Three to 15 years is what the law says. The overwhelming majority of our denials are for the minimum term of three years, and we have processes in place for advancing that next hearing date.
- Jennifer Shaffer
Person
So I don't want anybody to be thinking that anybody who's denied is going to spend another three years in state prison. We actually have a very high grant rate for people who, the board, on its own motion, advances their next hearing date.
- Jennifer Shaffer
Person
Right now, when they go to hearing, they're being granted parole at a rate of 60%. Our overall grant rate is around 30%. It was 34% for two years. It just went down last year to 28%.
- Jennifer Shaffer
Person
And since there's a whole host of reasons for that, not the least of which is the Legislature, thank you very much for passing some legislation that gave us a deadline at the end of December 2022 to get a lot of people on calendar, and there was a much higher percentage of them that were sex offenders. And so we saw a decrease in our grant rates. But since January of this year, it's back up to 34%.
- Jennifer Shaffer
Person
So 34% of the people that come before us get a grant, and that's the highest it's been historically. I do have some documents for you. Parole Justice Works just put out a report of the work that they've done, and I have our statistical report from 2022. And with that, you've had a very long day. I'll let you go. Thank you. Unless you have more questions.
- María Elena Durazo
Legislator
Okay. No, we could spend a whole day just on this subject. So I appreciate both of you. O'Neal, all the passion that you put into it and the time. And Shaffer, again, thank you for your work. And we want to see it going in the good direction. Hope is really important for them and also for their families.
- María Elena Durazo
Legislator
So we're going to move on to anyone wanting to provide public comment. As a reminder, today's participant number is 877-336-4436 the access code is 725-2315 and we'll begin with any witnesses here in room in 1100. Yes, come on up.
- Mary Knoy
Person
Yes, good afternoon. My name is Mary.
- María Elena Durazo
Legislator
Sorry, if you would keep your comments short, we would really appreciate it. Thank you.
- Mary Knoy
Person
My name is Marianne Noy. I am Vice President for Westcare California, and I'm here to testify on issue number four, program and reentry. Westcare California is a social service organization that has been providing services throughout the state since 1974, including treatment and rehabilitation, reentry through criminal justice programs, mental health, veterans education and prevention, and homelessness.
- Mary Knoy
Person
In 2014, we opened one of the first reentry facilities for females in San Diego, the CCPRP San Diego. That facility, through collaboration with CDCR and community providers, has impacted the lives of thousands of women.
- Mary Knoy
Person
The Stanford Public Policy team completed a research evaluation in 2020 of these reentry programs and found that 92% recidivism reduction from the comparison group in their first year post release. Westcare entered into this agreement because it believes in the program and the possibilities that it could provide to individuals.
- Mary Knoy
Person
While we continue to try and do amazing work. We have not received an increase in nine years. We have struggled. We have had to fundraise, we have had to forego salary and benefit increases, and ultimately have suffered as an organization to continue managing the program. This year, we decided we could not rebid on the program because once again, the rates are the same as nine years ago.
- Mary Knoy
Person
What we now have in California is a program that clearly works, but is so significantly underfunded that no reasonable or quality provider can be involved. Just a quick success story. In 2019, we did have a young lady come through our program.
- Mary Knoy
Person
She had been incarcerated as a young age, was born into a life of addiction and abuse while she was in the program. She did enroll into San Diego State University, completed after she left the program, obtained a job.
- Mary Knoy
Person
She continues in communication with us just to let us know and share about her story of hope, hoping that it'll inspire others. So we just want to again reiterate that we know that the program works and we hope to see some increase in rates.
- María Elena Durazo
Legislator
Thank you. Thank you for being here. Next, please.
- Darby Kernan
Person
Good afternoon, Senator. I'm Darby Kernan, representing Health Right 360 and Amity foundation on item number four, which are both reentry providers. Just quickly, last year we worked with the Legislature to get this funding, to expand this important program that's really successful.
- Darby Kernan
Person
But at the same time, the programs that are existing are paid 60% less than the contracts that are coming out. And we are seeing contractors saying, I cannot do this anymore.
- Darby Kernan
Person
Health Right 360 has written a letter, has said that they cannot continue a program because the rates are so low. People are not thinking holistically about the system. We have to look at it. We have CalAIM happening with the Justice Involved population starting in April 2024, if we do not maintain our providers, we will not have the ability to be successful when the new programs are starting.
- Darby Kernan
Person
I just would like to ask that we look at the ability to take the existing funding for the expansion and include the current contracts so that we are not losing the existing capacity. Thank you.
- María Elena Durazo
Legislator
Thank you.
- Vanessa Nelson-Sloane
Person
Thank you. My name is Vanessa Nelson-Sloane. I'm the founder and director of Life Support Alliance. We are a prisoner advocacy organization. I'd like to speak on equity and parole. I did submit a written report or a written comment to the Committee. I hope that you will all take a look at that. I will try to be brief here.
- Vanessa Nelson-Sloane
Person
Let me say that the LAO report and I've been doing this for 30 years, almost 30 years, and I have gone to probably 200 parole hearings. I have read more transcripts than I can care to count in a lifetime. I know this process pretty darn well. I'm married to a parole lifer. I go into the prisons every week and do programs. I meet these people personally. I know them personally.
- Vanessa Nelson-Sloane
Person
Let me say first of all that the LAO report reads to me greatly like someone who has tried to take a very complex situation and do some research on it, but not really get to the roots. At what point when you try to put guidelines on discretion, does it cease to become discretion and does it become a checklist for people?
- Vanessa Nelson-Sloane
Person
We are dealing with a very human situation here, and we need that discretion of human beings, well trained human beings.
- Vanessa Nelson-Sloane
Person
And I give great props to the parole board for the training they have provided to the commissioners over years. For the last 14 years, I have not missed an executive meeting of the parole board, including the ones in which they go through the training. I've been through all of that training and that public training with the board Members. I know what they're seeing and they're learning, and I believe it does help them.
- Vanessa Nelson-Sloane
Person
As far as the grant rate goes, I think if you look at the grant rate realistically, it's not what people would like to see perhaps, but it's coming up and it's reasonable. I urge you not to let the perfect be the enemy of the good and the improving.
- Vanessa Nelson-Sloane
Person
This parole board is making great progress under this Administration. We'd like to see it continue. And for anyone who wants to talk about reports or statistics, I am working seven days a week, 70 hours a week. Please contact me at any point. Thank you.
- María Elena Durazo
Legislator
Thank you for being here.
- Beth Malinowski
Person
Madam Chair, Beth Malinowski with SEIU California like to offer remarks, say an item for the CDCR programming and reentry. As the Committee materials notes, approximately 46% of released persons are reconvicted within three years.
- Beth Malinowski
Person
This creates a cycle that is not only harmful for the individuals and their families, the communities that they're coming from, communities that historically have been marginalized and are low income. CCTRP and MCRP programs are breaking this dangerous cycle. They're bringing families back together and they're helping to uplift whole communities.
- Beth Malinowski
Person
SEIU is proud to represent the workforce behind CDCR's longest standing MCRP Community Partner program at Health Right 360. This program exists in the heart of Los Angeles, provides robust evidence based behavioral health, reentry and social support services for 180 men.
- Beth Malinowski
Person
Regrettably and as noted earlier, Health Right 360 is one of the existing providers who's notified CDCR that they cannot sustain their program with the current rates and is not currently planning to rebid.
- Beth Malinowski
Person
Last year, Health Right 360 was among the organizations who fought to make sure there was additional General Fund investments to provide more of these powerful programs. Yet there's not any clear pathway for our current programs as we've been here, the longest, most experienced, to get those rate increases and to continue to make sure they're there for our communities.
- Beth Malinowski
Person
This Committee has the power to change that, not only guarantee that we maintain our strong union jobs and organizations like Health Right 360, but to guarantee that programs like these are encouraged to grow. So the solution is simple, simply redirecting, we think, a small portion of funding to increase the current rates of all reentry providers, including entities like Health Right 360. Thank you.
- María Elena Durazo
Legislator
Thank you.
- Alissa Moore
Person
Hello. I'll be speaking on item number five. My name is Alissa Moore. Today I work for Legal Services for Prisoners with Children. I'm a 2022-23 elder freeman policy fellow as well as the program manager for Arsolas, a reentry program in Oakland, California. I administered the who grant to women coming home from incarceration.
- Alissa Moore
Person
That being said, I myself began my mental health care under the advisement in the court at the age of nine, having lived through what BPH commissioners on record described as easily one of the most horrific childhoods they had seen. At the age of 17, I was remanded to the care of custody of CDCR, where I remained till the age of 40.
- Alissa Moore
Person
During these years, taxpayers like yourself continued to invest in what I had estimate must have been hundreds of thousands of dollars in my mental health and rehabilitation. In 2020, I went to my final BPH hearing. At this time, commissioners discussed my case and my childhood traumas in depth.
- Alissa Moore
Person
At many different occasions in the hearing, I was physically affected by having to relive trauma. After so many hearings, several comprehensive risk assessments, and additional investigative reports.
- Alissa Moore
Person
My stance is that given the extensive amount of documents pertaining to these events, the line of discretionary questioning was not only unnecessary, but caused irreparable harm. And for all intents purposes, these questions were not relevant to the day's proceedings.
- Alissa Moore
Person
The extensive line of invasive questioning proved traumatic, so traumatic that after being found suitable for parole, I requested to see mental health professionals. As the hearing was concluded, I was denied psychiatric detention by both CDCR staff and commissioners.
- Alissa Moore
Person
Equally, both parties displayed a blatant disregard for my health and safety by neglecting to provide mental health services.
- Alissa Moore
Person
In closing, the consistent efforts by BPH to use broad discretion as it pertains to the line of questioning in BPH hearings, mitigating factors, use of confidential information lack of insight, comprehensive risk assessments, and the assumptions that in prison, reactive behaviors of an individual due to high stress situations and factors unique to incarceration will parallel behaviors of that same individual in society, clearly gives panel members far too much discretion and simultaneously gives incarcerated individuals such as myself no safeguards against being forced to relive significant traumas that have previously been documented in detail.
- Alissa Moore
Person
Thank you for being here. Moderator if you would please prompt the individuals. I'm sorry, we don't see any more witnesses here in the room. In person.
- María Elena Durazo
Legislator
Thank you.
- Alissa Moore
Person
Can I finish? In fact, I'll wrap it up. In fact, I just want it to be known that I am not the norm being successful in being able to speak before Members today. I'm the exception, and many of my peers have, in fact, taken their life after this line of questioning from BPH commissioners.
- María Elena Durazo
Legislator
Thank you for being here. Moderator if you would please prompt. Individuals waiting to provide public comment, we will begin. And if you would, let us know, total number of people waiting to testify.
- Committee Secretary
Person
Definitely. We have about six that are in queue right now. Ladies and gentlemen, if you would like to have a public comment, it is one, then zero, and once again, a public comment. It's one, then zero, and we have six. We will start with line number 23. Please go ahead.
- Isabella Borgeson
Person
Hi. Good afternoon, Committee. Can you hear me okay?
- María Elena Durazo
Legislator
Yes, go ahead.
- Isabella Borgeson
Person
Okay, thank you. My name is Issa Borgeson, and I'm the campaign manager at the Ella Baker Center for Human Rights. I'd like to speak on the IWF and canteens for issue number two. Essential food and hygiene supplies purchased at canteens and prisons are not supplemental.
- Isabella Borgeson
Person
These items are essential for incarcerated folks' survival. We must eliminate, not just reduce, the markups on canteen items as an urgent means to ensure incarcerated people's access to essential food supplies and hygiene products for incarcerated people.
- Isabella Borgeson
Person
Research shows that the majority of canteen spending is on food and essential hygiene items that incarcerated people need access to, do not have adequate access to, and that many incarcerated people rely on canteen food for a significant portion of their daily caloric intake. Commonly purchased items, aside from food, also include toilet paper, soap, shower sandals, and menstrual products, et cetera.
- Isabella Borgeson
Person
In a 2020 report from Impact Justice, three fifths of the formerly incarcerated people surveyed said that they could not afford canteen purchases, and 75% reported that access to food was limited by their own or their family's finances.
- Isabella Borgeson
Person
Many people reported having to choose between buying food or going hungry to purchase necessities such as toothpaste. These barriers have only increased since 2020 with the onset of pandemic and rising inflation rates.
- Isabella Borgeson
Person
Eliminating canteen markups will save families impacted by incarceration millions of dollars each year, which is important because many families with incarcerated loved ones are in poverty and struggling to meet their basic needs. Thank you for your consideration.
- María Elena Durazo
Legislator
Thank you for calling. Next, please.
- Committee Secretary
Person
Thank you. Line number 24, please. Go ahead.
- Ivana Gonzales
Person
Hello, my name is Ivana Gonzales. I am the family unity coordinator with Legal Services for Prisoners with Children and work directly with families that have an incarcerated loved one on issues such as visiting and canteen prices. I am calling specifically on issue number one and number two. Canteen markups did not go up because of the recent inflation. The 65% markup has been the same for over a decade.
- Ivana Gonzales
Person
CDCR does not provide enough food or personal hygiene items for incarcerated individuals, and that's why canteen is an essential survival resource in state prisons.
- Ivana Gonzales
Person
Canteen items cannot be afforded by incarcerated people because of the wages that you heard here today that they are getting paid for Pa jobs that are making the state billions of dollars while incarcerated people are only making a dollar an hour. Imagine going to work hungry or to school or a rehabilitative program and you're hungry.
- Ivana Gonzales
Person
How can you successfully rehabilitate if you're hungry and do not have the essential personal human items to keep yourself clean and healthy? Half of the $0.08 an hour wage that incarcerated people get paid for goes to restitution, leaving incarcerated people with only $0.04 an hour.
- Ivana Gonzales
Person
6oz of Folgers coffee cost $9 in a prison canteen. It is obvious that incarcerated people cannot afford to pay this high markup items, leaving the families of the incarcerated people to pay for these high prices.
- Ivana Gonzales
Person
Most of your constituents today with an incarcerated loved one already come from low income communities. Why should low income families be paying for CDCR wages and their pensions for rehabilitative programs for their loved ones food and personal hygiene while they're a warden of the state? It is a General Fund that should take care of CDCR staff and their pensions. So today I call in support of better inmate welfare fund.
- María Elena Durazo
Legislator
Thank you.
- Ivana Gonzales
Person
Addressing prices.
- María Elena Durazo
Legislator
Thank you for calling. Next, please.
- Committee Secretary
Person
We have next line number 28, please. Go ahead.
- Su Kim
Person
Good afternoon. My name is Su Kim, and I'm a policy manager UnCommon Law here to speak on issue number two. As noted today, the primary source of revenue for the Inmate Welfare Fund is the revenue from canteen sales. While this may seem appropriate from an accounting standpoint, this is absolutely unacceptable from a moral standpoint. I want to be clear about what's going on.
- Su Kim
Person
DDCR is pushing its own operating expenses, namely the cost of paying its canteen staff onto incarcerated people and their loved ones through price gouging. The average markup at a grocery store is around 15%. Yet incarcerated people and their families, who are some of the most impoverished people in our state, are being forced to pay a 65% markup. This often means that incarcerated people are paying an even higher price for a product than someone would pay for the same product at a major retailer.
- Su Kim
Person
Even a reduced markup of around 40%, as suggested earlier, is still egregious and disproportionately high. We must also remember that incarcerated people make just cents an hour, and many of their loved ones are struggling with poverty. In addition, programs like the innovative program grants do not need to be funded by the Inmate Welfare Fund at all. In fact, those grants were originally funded through a General Fund allocation, and similar rehabilitative grants also come from the General Fund.
- Su Kim
Person
Incarcerated people should not be paying for their own rehabilitation. It is CCCR's public duty to provide rehabilitation with taxpayer funds. In addition, CDCR's 65% markup is extremely high in comparison to the markups charged at other state prison canteens.
- Su Kim
Person
Washington and Kentucky charge a 10% markup on their prison commissary sales. Virginia charges a 9% markup, and a working group in their Corrections Department has formally recommended to their Legislature that it allocate money in the General Fund to replace 9% markup.
- Su Kim
Person
This working group recognized that even a 9% markup on canteen sales places an unacceptable financial burden on incarcerated people and their families. I urge the Committee today to consider a similar approach.
- Su Kim
Person
Allocate money in our General Fund to provide funding for the expenses in the Inmate Welfare Fund. Instead of relying on revenue that comes straight out of the pockets of poor families impacted by incarceration. CDCR must be responsible.
- María Elena Durazo
Legislator
Thank you so much for calling. Next, please.
- Committee Secretary
Person
Next we have line number 29. Please. Go ahead.
- Unidentified Speaker
Person
Can you hear me okay?
- María Elena Durazo
Legislator
Yes, go ahead.
- Philippe Kelly
Person
All right, thank you. Good afternoon. My name is Philippe Kelly. I represent the Ella Baker Center. I'm the outside fellow. I'm speaking on issue number five, item five, parole. I'm a return citizen who did 23 and a half years in prison since the age of 15. I was released on February 7, 2023 after three parole hearings.
- Philippe Kelly
Person
Governor Brown commuted my sentence in 2018, which means he thought I was ready to be released, but the commissioners he appointed disagreed with him.
- Philippe Kelly
Person
My experience with the parole board was adversarial, prejudice, bias, and adverse. Commissioners are supposed to make decisions based on someone's current public safety risk and to be impartial, but those things rarely happen, if at all. I and thousands of other applicants parole applicants have been denied parole based on these factors.
- Philippe Kelly
Person
The box clean time criminal thinking nexus to a crime lack of self awareness, commitment, office and Commissioner's bias lack of programming a person's history of criminal behavior both inside and outside of prison full transparency and accountability.
- Philippe Kelly
Person
Thank you for considering my comments today, and in my email you can find an in depth breakdown of these terms and what they mean. Thank you.
- María Elena Durazo
Legislator
Thank you for calling. Next please.
- Committee Secretary
Person
Next we have line number 25. Please go ahead.
- Lawrence Cox
Person
Hi, my name is Lawrence Cox and I am a policy fellow at Legal Services for Prisoners for Children and I want to speak on first wages. Contrary to CDCR, as a formerly incarcerated individual, I did close to 17 years.
- Lawrence Cox
Person
I would have to disagree that the concerns of those that are incarcerated are far from whether we're gaining experience or not. It would be more geared to the demoralizing pay rate and the lack of wages that we do get.
- Lawrence Cox
Person
And I would also like to point out when will we transition as a community, as a state, away from the last vestiges of slavery which exist within our cultural system. As far as our canteen and our food, anyone saying that it is not essential for an inmate, or should I say for a person that's incarcerated, they're sadly mistaken. The food itself that is provided from CDCR to those that are incarcerated are horrible, is deplorable.
- Lawrence Cox
Person
The facilities that this food is made in would never pass any inspection on the streets. And having canteen items that supplement, even though there may not be as many healthy choices, having canteen items that supplement what we are given by the state is essential for us to keep up with our natural calorie intake and maintain some type of health for our own self.
- Lawrence Cox
Person
And squeezing the life out of our loved ones and restricting the amount of that we can make for ourselves to compensate for that is unnecessary and is very unproductive. And as far as our board of parole hearing, I do believe that for sure that there needs to be a little railing in of the discretion of parole commissioners.
- Lawrence Cox
Person
And I do believe adding transparency is essential because whereas no training can effectively mitigate the decisions made by a Commissioner who are faithfully making decisions based on things that do not prove that a person is more likely to be a threat to society, I myself have had experience with border parole healing hearings and me being denied solely based off things that did not prove that I was a threat to society. And here I am, years later, after parole.
- María Elena Durazo
Legislator
Thank you. Thank you for calling. Appreciate it. Next please.
- Committee Secretary
Person
Okay, Madam Chair, we still have three left in queue and we will go to line number 30.
- Unidentified Speaker
Person
Hi, how are you doing? Can you hear me?
- María Elena Durazo
Legislator
Yes, go ahead.
- Unidentified Speaker
Person
I'm with All of Us or None. I'm the chapter organizer for Sacramento. Also work with legal services for prisoners with children. I'm here to support the canteen bill. But I also want to talk about what my colleague and my sister Elise spoke about.
- Unidentified Speaker
Person
I was really triggering and I'm really triggered right now because I'm reminded of all the pain that our gentleman had to go in there as lifers. Every time they got denied, it was like being resentence again.
- Unidentified Speaker
Person
And I don't think people understand how deep that is for folks. People who had disability, mental health issues from the get go, as youth who were physically abused and abused in all the kind of different ways. And none of us got treatment. Instead, we got suspended from school because we couldn't sit still because we had ADHD and pre prepped into these juvenile halls, these foster care systems that just prepped us for prison.
- Unidentified Speaker
Person
I still have my life in there working with men and helping them understand the causative factors of the trauma. That I even had to write a curriculum and start up a program that expanded to different prisons through training facilitators called self awareness and recovery to help people gain insight and prepare for the freaking agony and trauma of having to face a biased board that's comprised by mostly law enforcement. Like, you don't have no impacted people in that board.
- Unidentified Speaker
Person
You don't have no psychologists, you don't have no non biased community members who represent our society that we're paroling to. Everything's really biased. For a long time, it's been really difficult to get our lifers out.
- Unidentified Speaker
Person
But over the course of time, I've worked with over 5000 men on some of the most deepest trauma processing, facilitating writing curriculums, getting trained by other evidence based authors and whatnot. Right? Coming out here, we've housed them, we've changed laws.
- Unidentified Speaker
Person
I came to Sacramento specifically to change laws because
- María Elena Durazo
Legislator
Could you wrap it up, sir?
- Unidentified Speaker
Person
Not only five days of coming home, I get locked know without a due process. So the way our parole system is, it really needs to be evaluated. And I think there's a lot of unchecked things that definitely need to be looked into. Thank you.
- María Elena Durazo
Legislator
Thank you. Thank you very much. Next, please.
- Committee Secretary
Person
Next we will go to line number 35, please. Go ahead.
- Alicia Montero
Person
Hello, yes, my name is Alicia Montero. I'm the founder of a nonprofit organization just advocate for committed to doing research on the carceral system with the goal of equity. For the past two years, we've researched hundreds of parole board transcripts. We've actually so far gone in and painstakingly read over 600 transcripts from parole board hearings held during the height of the Covid-19 pandemic.
- Alicia Montero
Person
Additionally, I also have a loved one currently incarcerated whose freedom is contingent upon success of the board, which is one of the reasons that I started looking at these transcripts in the first place. I was surprised at some of the trends that we have identified and because of time restraints, I will just offer one example. Multiple interns at different times have brought up the same concern around people that require a translator.
- Alicia Montero
Person
The feedback from every person that brought it to our attention included a feeling that commissioners were short, impatient and irritable when a hearing took place. That included the need for a translator. In one particular case, the translator at one point said to the commissioners, wait, should I translate that?
- Alicia Montero
Person
A translator asking if he should translate everything during a person's parole board hearing, a hearing that is the link to the freedom being fought for compared to just specific things is highly concerning.
- Alicia Montero
Person
Every person that goes before the board should have the same opportunity and should be able to receive all information that is being shared at a hearing that quite literally determines the trajectory of one's life, or at least the next three to 15 years of someone's life.
- Alicia Montero
Person
My old loved one is currently 16 years past his earliest possible parole date. His last hearing went so well that until the very end, both him and his attorney thought he was headed towards a finding of suitability.
- Alicia Montero
Person
There was no programs needed cited by the commissioners when they denied him no classes he needed to take. His parole plans were highly detailed and included backup plans just in case. He was basically told to keep doing what he's doing and they're sure that he will get a finding of suitability at the next hearing.
- Alicia Montero
Person
This isn't a guarantee because it's very rare that people get the same commissioners at a subsequent hearing and the next commissioners he gets may not agree with or even consider the words of the previous commissioners. Three years doesn't feel like too much to the commissioners, but it seems like an entirety for our young son. It just doesn't understand why his dad can't come to home to us.
- Alicia Montero
Person
As Ms. Shaffer highlighted, recidivism rate for most of the population of people that require a finding of suitability through the parole board in order to go home is less than 3%. Less than 1%, when we look at crimes against person. Which in my opinion, means that we have lots of still sitting in prison, even though they propose no risk to public. Thank you.
- María Elena Durazo
Legislator
Thank you for calling. Next, please.
- Committee Secretary
Person
Next we will go to line number 34, please. Go ahead.
- Keith Wattley
Person
Good afternoon. Keith Wattley, founder of UnCommon Law, to talk about the last item about the parole board.
- Keith Wattley
Person
Ms. Shaffer gives numbers that she likes, but she hides the fact that half of the scheduled parole hearings don't take place and that black and brown people and people receiving mental health treatment may be more likely to waive their hearings or to stipulate to unsuitability, because they're more likely to be housed at higher security level prisons that have less access to relevant programs and higher rates of violence and other rule violations.
- Keith Wattley
Person
Ms. Shaffer is boasting about a parole grant rate at 30%, but she doesn't reconcile that with the fact that the law enacted by this Legislature requires our commissioners to grant parole most of the time. They're denying parole 70% of the time, and she's defending that.
- Keith Wattley
Person
Sadly, she's not telling the truth about the litigation about parole attorneys in 2019. The court accepted her promises about what she would change about the process.
- Keith Wattley
Person
As the LAO just testified, the only available data proves those promises have simply not been met, not even close. In fact, the parole grant rate has decreased every single year since those promises were made.
- Keith Wattley
Person
We need to reckon with the fact that California's parole board denies people parole because they're too black or brown, too old, the wrong gender, have too many or the wrong kind of disabilities, spoke the wrong language, or they receive too much mental health treatment for parole commissioners to feel comfortable with them.
- Keith Wattley
Person
It's not about whether they're a violence risk. We also need to reckon with the fact that private counsel spends enough time to get to know their clients and to help them receive the individualized consideration that gets past some of the most common biases in this process.
- Keith Wattley
Person
Every other phase of our society, not just our criminal legal system, consistently discriminates against these groups. It is absolutely offensive for us to pretend that it doesn't happen at the parole board.
- Keith Wattley
Person
Just ask the families of a record number of people killed by police last year how much all the years of police bias training helped keep their loved ones alive. Thank you.
- María Elena Durazo
Legislator
Thank you for calling. Next, please.
- Committee Secretary
Person
Next we will go to the last one in queue, and that is line number 36, please. Go ahead.
- Jesse Burleson
Person
Hello, my name is Jesse Clyde Burleson. I am the in-custody program coordinator at Legal Services for Prisoners with Children. I wanted to point out that doing the question-and-answer phase for I think it was item number two, dealing with the canteen, the 65% wherever.
- Jesse Burleson
Person
The question by the panel touched around the payroll cost and it looked like the question was going to be asked, how much do the prisoners get paid? There was an immediate interjection on the part of the representative from the CDCR.
- Jesse Burleson
Person
So that you did not specifically ask that question. That was my sense when I was listening to it as the numbers were being given about there being a $23 million payroll cost to cover the canteen, that there was a $17 million two-month Emergency Fund that I believe says statutorily kept in the IMF. And that there is currently a $50 million asset sitting there. They talked about the fluctuating cost. I was in prison for 31 years.
- Jesse Burleson
Person
All I felt was the impact of high prices every month that I went to the canteen. I think that the prices in there are ridiculously high, especially when you consider that the actual money that you make when you do work is less than $1 an hour.
- Jesse Burleson
Person
And I think that that needs to be taken into account. Also, they're taking out 33% for any restitutions that you may owe from. If somebody sends you $100, you only get, what, 67% of that? And some people maybe even owe more. So I think all this needs to be taken into consideration.
- María Elena Durazo
Legislator
Thank you, sir.
- Jesse Burleson
Person
Thank you.
- María Elena Durazo
Legislator
Thank you for calling, moderator. Is that the end of the.
- Committee Secretary
Person
That is. We do not have any more in queue, madam.
- María Elena Durazo
Legislator
Thank you, Moderator, for your support. I want to thank the staff that have been here for 5 hours. I want to thank everyone else who's still here. Thank you so much for your patience and for hanging in there. I thank all the individuals who participated either in making presentations or in being witnesses.
- María Elena Durazo
Legislator
If you were not able to testify, please submit your comments or suggestions in writing. They're important to us. All of your testimony and presentations are in the official hearing records. And we appreciate your participation. We have concluded the agenda for today's hearing. Thank you so much.
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