Florida Department of Corrections

Presentations to the Senate Criminal Justice Committee Tuesday, January 08, 2008

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Foreign Citizens (Aliens) in State Prison

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Operational Guidelines

 Federal Immigration Law (Title 8, United States Code)  The Department works in partnership with federal officials to ensure identification and removal of deportable incarcerated aliens.

 Section 33-601.210(2) (j), Florida Administrative Code, and Department Procedures:   Department initially assigns alien inmates to Close Custody.

Establishes procedures for the identification, coordination of removal hearings, and releasing of criminal aliens to the United States Immigration and Customs Enforcement (ICE) upon completion of their state commitment. 3

Alien Inmate Process

Memorandum of Agreement (MOA)  The Department, Immigration and Customs Enforcement (

ICE

) and the Executive Office for Immigration Review (

EOIR

) signed MOA in 2001.

  ICE assumes custody of aliens upon end of sentence.

Department coordinates inmate movements, information sharing and notice to alien inmates.

 EOIR coordinates determination hearings.

4

Alien Inmate Process

Reception  At South Florida Reception Center and Central Florida Reception Center:  Immigration and Customs Enforcement (

ICE

) agents are assigned daily.

 At Reception & Medical Center (

Lake Butler

), Broward Correctional Institution and Lowell Correctional Institution:  Weekly lists of suspected aliens are forwarded to ICE offices in Jacksonville, Miami and Orlando.

5

Alien Inmate Process

If an inmate is a suspected alien  ICE does:  Administrative Hold;  Investigation;   Determination; and Detainer

(if necessary

)  If during an audit, the Department has an inmate whose status is not determined – the Department’s Central Office Coordinator contacts ICE. 6

Alien Inmate Process

Release to ICE  Within 90 days of release, alien inmates are approved for transfer to an ICE release site.

 Weekly, Department provides ICE with a list of all alien inmates who have a release date within 90 days.

 ICE can pick up inmates 10 days in advance of the actual release date.

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Alien Inmate Population

5,274 Confirmed Aliens (as of 12/31/07)

PROPERTY THEFT/FRAUD/DAMAGE 239 5% OTHER 193 4% WEAPONS 73 1% MISSING DATA 2 0% ROBBERY 397 8% MURDER / MANSLAUGHTER 1,158 21% BURGLARY 690 13% DRUGS 1,002 19% VIOLENT, OTHER 735 14% SEXUAL / LEWD BEHAVIOR 785 15%

8

Alien Inmate Population

Top Ten Countries of Origin (4,526 or 86% of the 5,274 alien inmates) DOM. REP NICARAGUA GUATEMALA BAHAMAS Country HONDURAS COLOMBIA HAITI JAMAICA MEXICO CUBA 102 106 118 142 169 195 405 415 1,038 500 1,000 Alien Inmates 1,500 1,836 2,000

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Funding

State Criminal Alien Assistance Program (SCAAP)  SCAAP is a reimbursement.

 SCAAP provides federal payments to states and localities that incurred correctional officer costs for incarcerating undocumented criminal aliens.

 SCAAP is governed by the Immigration and Nationality Act and the Violent Crime Control and Law Enforcement Act of 1994.

 Generally, if a state or a political subdivision exercises authority over the incarceration of undocumented criminal aliens and submits a written request, that jurisdiction may be compensated.

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Funding

$18.3

$26.7

SCAAP Reimbursement History (in millions)

$23.0

$22.1

$18.6

$12.8

$11.8

$9.2

$18.1

1999 2000 2001 2002 2003 Federal Fiscal Year 2004 2005 2006

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2007

Trends in Prison Admissions

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Key Facts

 95,000 Inmates  Gained more than 3,000 inmates since 2007 Session  135 Correctional Facilities: • 59 Major Institutions – 6 private facilities • 40 Work Camps • 30 Work Release Centers – 9 contract facilities • 5 Road Prisons • 1 Treatment Center 13

Criminal Justice Estimating Conference

 Section 216.136(5), Florida Statutes:  The Criminal Justice Estimating Conference (CJEC) shall develop information relating to the criminal justice system, including forecasts of prison admissions and population and of supervised felony offender admissions and population...  Section 944.023(2) and (4), Florida Statutes:  Using CJEC’s estimates, the Department shall develop and annually update a comprehensive correctional master plan to project the needs for the coming 5-year period. 14

Prison Population Growth

125,000 120,000 115,000 Inmates 110,000 105,000 100,000 95,000 90,000 92,927 95,000 98,023 103,737 109,711 06-07 Today 07-08 08-09 Fiscal Year 09-10 115,633 10-11 120,283 11-12

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Changes in CJEC Projections

125,000 120,000 115,633 115,000

Inmates

110,000 105,000 103,737 100,000 95,000 90,000 98,023 100,999 96,717 109,711 105,184 108,321 120,283 111,080 07-08 08-09 09-10 10-11 11-12

Fiscal Year

CJEC - Feb 16, 2007 CJEC - Oct 8, 2007 16

Difference Between CJEC Projections

125,000 120,000 115,000 Inmates 110,000 105,000 100,000 95,000 90,000 07-08 2,738 1,306 96,717 100,999 9,203 7,312 4,527 105,184 108,321 111,080 08-09 09-10 Fiscal Year 10-11 11-12 CJEC - Feb 16, 2007 Change in Projections

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Trends in Prison Admissions

 There were 39,289 admissions to prison in FY 06-07, up 7.0 percent from FY 05-06.

 The average sentence length of new commitments continues downward:  FY 06-07 – 4.4 years  FY 05-06 – 4.6 years  The percentage of year-and-a-day sentences has continued to increase as a percentage of total admissions:  FY 06-07 – 17.7%  FY 05-06 – 15.1%  FY 01-02 – 8.8% 18

Trends in Prison Admissions

 The percent of admissions that are probation violators is stable at about 43%.

 The percent of admissions that have been in prison before is also stable at 43%.

 There is a slight increase in the percentage of female youthful offenders in the population.

 The proportion of inmates that need to be housed in a secure cell is fairly stable at about one-third.

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Trends in Prison Admissions

 The older inmate (age 50+) population represents a great percentage of the overall inmate population.

 FY 06-07 – 13.63%  FY 02-03 – 9.95%  The growth rate of the male inmate population with a psychological grade of 3 or higher (

needing psychotropics or in crisis stabilization or transitional care

) is higher than the growth rate of the overall population.

 The proportion of inmates with high medical grades (3 or higher) has been stable for the last year, at 14%.

•

M 3 =

Is being followed in chronic illness clinic (CIC) every three months. •

M 4 =

Is being followed in chronic illness clinic (CIC) at least every three months and requires ongoing visits to the physician more often than every three months

.

•

M 5 =

Requires long-term (greater than 30 days) inpatient, infirmary, or designated housing, (i.e. Zephyrhills CI J Dorm).

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Legislative Budget Request for Fixed Capital Outlay

 Based on CJEC’s original projections (Feb 07):  FY 08-09: $220 million (5,761 beds)  FY 08-09 to FY 12-13: $1.1 billion (15,349 beds)  As submitted, based on revised CJEC (Oct 07):  FY 08-09: $649 million (10,003 beds)  FY 08-09 to FY 12-13: $1.85 billion (25,920 beds)  Florida will need to fund the equivalent of 19 new prisons over the next five years (1,335 inmates/prison).

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Alternatives

Fiscal Year 2007-2008  Problem: There is a realistic possibility that the Department will run out of bed capacity before the end of fiscal year 2007-2008.

 The Department is currently incarcerating 1,253 unfunded inmates.

 The Department will definitely reach a critical number of available beds in September 2008.

 Alternative: Utilize temporary structures that can be assembled faster than a traditional correctional institution.

 Tents  Leased Structures 22

Alternatives

Fiscal Year 2008-2009  Problem: The use of tents and leased structures is not appropriate as a long-term solution:  Alternative: Supervised Reentry – Delays the need for $301,227,000 in fixed capital outlay spending.

 Expand Florida’s existing work release program to allow the 3,000 inmates already working in the community by day to stay in the community at night.

  Regular supervision by corrections and probation officers.

Regular drug testing, background screening and verification of employment.

 Violating will result in being charged with Escape (third degree felony).

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Alternatives

Long-Term  Problem: Building prisons does not cut costs. In fact, building a $100 million prison creates a $40 million cost to run the prison.

 Alternative: Reentry programs, like substance abuse treatment, vocational training, academic education, life-skills management, and faith and character-based programs have some major benefits.

 Crime prevention is victim prevention.

 Lower criminal offending reduces the demand on criminal justice services like police investigations, court costs, and prosecuting and defending crimes.

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