Division of Criminal Justice Services

The enacted budget makes the following changes to the proposed Executive Budget:

• Decreased the All Funds appropriation by $16.86 million; a $28.88 million decrease to the SFY 2009-10 enacted budget. 
• Rejected the proposed merger of the Crime Victims Board (CVB) and the Office for the Prevention of Domestic Violence (OPDV); and the proposal to house the proposed Office of Indigent Defense in DCJS. (totals: $16.02 million).
• Accepted the proposed merger of the Division of Probation and Correctional Alternatives (DPCA) into DCJS.
• Increased the personal service appropriation for the Administration Program (+$300,000) and Operations and Systems Program (+$150,000). 
• Rejected the proposed Operations and Systems Program new MU appropriation (-$400,000) and the related Article VII language to expand the number of offenders that must submit DNA sample.
• Rejected the appropriation and Article VII proposal to transfer from the Department of Health (DOH) to DCJS: funding and responsibility for the administration of the Rape Crisis Programs; and funding for the medical examiners program.  Both programs were Aid to Localities appropriations and have been transferred back to DOH.
• Amended the Executive Article VII to merge the DPCA, the OPDV, and the CVB into DCJS by: authorizing the merger of operations of DPCA into DCJS.  The new Office of Probation and Correctional Alternatives (OPCA) would be headed by a Director appointed by the Commissioner of DCJS, subject to the approval of the Governor; restructuring the Crime Victims Board, renaming it the Office of Victim Services (OVS), to be headed by a Director appointed by the Governor for a term of three years.  Claims would be determined by OVS in accordance with rules and regulations promulgated by the Director; and rejecting the merger of OPDV into DCJS.
• The Legislature modifies the Executive’s Article VII proposal that would have establish the Office of Indigent Legal Services within the DCJS to create a new state entity within the Executive Department to oversee the delivery of indigent defense services in the State.

The Assembly Budget resolution took the following actions on the Executive Budget (analysis as of 3/24/10):

• Rejects the Executives proposed merger of the operations of the Crime Victims Board (CVB), the Office for the Prevention of Domestic Violence (OPDV), and the Division of Probation and Correctional Alternatives (DPCA) into the Division of Criminal Justice Services (DCJS) ($15.7 million reduction in state operations appropriations). 
• Rejects the Executive’s proposal to establish the new Office of Indigent Defense in DCJS ($3 million reduction in state operations appropriation).  The Assembly reduces the Executive Budget’s state operations appropriation for this program to $1 million and moves the new entity to the Department of State.
• Reduces the Executive’s proposed Operation and Systems Program, contractual service appropriation by $3 million and removes the Program’s $400,000 Maintenance Undistributed appropriation for expenses related to the collection of DNA samples.
• Rejects Article VII language that would have established the Division of Criminal Justice Services as the administrating agency for the Rape Crisis Program and remove DOH from this responsibility.

The Senate Resolution recommends the following changes to the Executive Budget (analysis as of 3/22/10):

• Modifies the Executive’s proposed merger of the operations of the Crime Victims Board (CVB), the Office for the Prevention of Domestic Violence (OPDV), and the Division of Probation and Correctional Alternatives (DPCA) into the Division of Criminal Justice Services (DCJS), by striking the merger of OPDV and subsequently restores appropriations to allow for the continued operation of the Office for the Prevention of Domestic Violence as a separate agency.  (Also modifies the Article VII proposal.)
• Rejects the proposal to transfer from the Department of Health to DCJS: funding of $1.8 million and responsibility for the administration of the Rape Crisis Programs; and $6.8 million in funding for the medical examiners program.  Funds and responsibility for both programs are transferred back to DOH.
• Rejects the Executives proposal to house the new proposed Office of Indigent Defense in DCJS and subsequently transfers all appropriations associated with the new Office of Indigent Defense and funding under the Indigent Legal Services Fund to the Department of State (reduces DCJS appropriation by $80 million).  Also, modifies the Article VII proposal to include language to ensure that the City of New York maintains a minimum level of local expenditures for providing indigent defense services.
• Rejects the Executive’s Article VII proposal to expand the number of offenders that must submit DNA sample (reduces funding by $400,000).
• Provides $200,000 in funding for the Bard Prison Initiative (it is unclear whether this will be an Aid to Localities or a State Operations appropriation).
• Proposes the use of the Criminal Justice Improvement Account to fund domestic violence programs at $609,000 for SFY 2010-11.

According to the Senate Finance Committee, (analysis as of January 28, 2010):

• A reduction of $787,000 can be attributed to collective bargaining savings; we assume this reduction reflects the DCJS’ share of the $250 million of proposed union concessions.

The Executive Budget recommends (analysis as of January 21, 2010):

A SFY 2010-11 workforce of 821 FTEs.  This is an increase of 159 FTEs from the adjusted FTE level for FY 2009-10.  The 159 FTE increase will be achieved through the attrition of 27 FTEs, offset by the merger of 151 FTEs and 35 new fills.  The FTEs that are merging with DCJS are from the following agencies: Crime Victims Board (CVB) 88 FTEs; Office for the Prevention of Domestic Violence (OPDV) 30 FTEs; Division of Probation and Correctional Alternatives (DPCA) 32 FTEs; and Department of Health, 1 FTE.  Two functions are being transferred from DOH, the Rape Crisis Program and support for Medical Examiners. It is unclear which DOH function is associated with the merged position; this should be clarified with management. It appears that 2 additional FTEs are being added to the Prevention of Domestic Violence Program above the number associated with the agency merger.

The following chart identifies adjustments in the current fiscal year’s FTEs along with the recommended differences in FY 2010-11 FTEs by program (if the FTE’s are the same the program is not listed):

·         The FTE increase for SFY 2010-11 reflects the movement of CVB, OPDV, and DPCA FTEs, but does not indicate the change in FTEs for these programs when compared to the number of FTEs that existed when the program was a standalone agency (for CVB, OPDV and DPCA the 2009-10 FTEs are based on the Workforce Impact Summary Report).  From SFY 2009-10 to SFY 2010-11 the merged agencies FTEs changed as follows: CVB +1 FTE; OPDV + 4 FTEs; and DPCA -1 FTE.  If these numbers are taken into consideration, the actual increase in FTEs to the state workforce for SFY 2010-11 is 11 FTEs.

·         The total appropriation for Personal Service is $46.6 million, a $1.1 million decrease or (-2.4%).  However the Executive Budget Agency Presentation narrative for DCJS shows a net $2.6 million decrease in the personal service appropriation from the adjusted SFY 2009-10 agency appropriation, reflecting deficit reduction actions taken during the current year.

• An All Funds appropriation of $137 million, a decrease of $12 million (-8.1%) from the enacted appropriation for SFY 2009-10.  This includes a $1.1 million (-2.4%) decrease in Personal Service and a $3.2 million (-7.4%) decrease in Contractual Service funding. Most of the All Funds decrease is in special revenue funds, with the largest reductions being from the Funding and Program Assistance Program (-$7.2 million); and Operation and Systems Program (-$7.7 million).

• The Executive Budget includes a $3 million appropriation for the creation of the Indigent Defense Program, which will provide oversight of the indigent defense system, governed by an independent board of key stakeholders. This appropriation includes $1.5 million for personal service and $508,000 for contractual services.  20 FTEs are associated with this new program.

• The Victims and Witness Assistance Program, which was formerly located in the CVB agency appropriation, appears to have been eliminated.  While some of the funds, such as the program’s Crime Victims Assistance, SRF account ($625,000 in personal service funds) were clearly shifted to programs within the Assistance to Crime Victims Program; it appears as if the Criminal Justice Improvement Account, SRO was eliminated (included: -$158,000 in personal service funds and -$19,000 in contractual services).

• The following programs had a significant increase in personal service funding that is not associated with an increase in FTEs.  These funding and position changes should be clarified with management.
  • Operations and Systems Program, MU (+$50,000 or +100%).  This is a new appropriation for services and expenses associated with the collection of DNA samples. 

• The following programs had a significant decrease in personal service funding that is not associated with a decrease in FTEs.  These funding and position changes should be clarified with management.
  • Funding and Program Assistance Program (-$198,000 or -5.3%).
  • Operation and Systems Program (-$1.5 million or -7.2%).
  • Probation and Correctional Alternatives Program (-$218,000 or -8.7%).

• The Executive Budget shows that DCJS employed an estimated 319 FTE employees under consultant contracts in SFY 2009-10 at an estimated cost of $22.7 million. It is estimated that DCJS will employ 283 consultant employees at an estimated cost of $22.4 million in SFY 2010-11. The purpose of these consultants and whether they can be replaced by state employees should be clarified at Statewide Labor Management.

• The following programs had a substantial decrease in the proposed contractual services appropriation when compared to SFY 2009-10:
  • Operation and Systems Program (-$951,000 or -7.3%) and subaccount Fingerprint Identification and Technology Account, SRO (-$2.3 million or -10.7%).

• Article VII language provides for the merging the operations of the Crime Victims Board, Office for the Prevention of Domestic Violence, and the Division of Probation and Correctional Alternatives into the Division of Criminal Justice Services.