Department of Correctional Services

The enacted budget makes the following changes to the Executive Budget (June 22, 2010):

·     Makes no changes in the All Funds appropriations, a $25.8 million increase from the SFY 2009-10 enacted budget All Funds appropriation. 

·         Closes 2 of the 4 DOCS facilities targeted in the Executive Budget; the Ogdensburg Medium Security and Moriah Shock Camp facilities will remain open but no additional funding is provided for their operation. The Commissioner’s letter announcing this agreement makes reference to Article VII bill language that has not yet been enacted but may be forthcoming.  It is unclear what that language will be but both facilities were slated to close April 1, 2011 and there was no savings to be realized in this fiscal year from their closure.  In addition the Commissioner formally rescinded his one year notice of closure for both facilities.     

·         Requires an adaptive reuse plan for consideration prior to prison closure.  No later than six months prior to the closure of a correctional facility, the Commissioner of Economic Development in consultation with the Commissioners of Civil Service, General Services, Division of Criminal Justice Services, Governor’s Office of Employee Relations, and local government officials must provide a report on adaptive reuse for the facility slated for closure.

·     Article VII provisions remove various remove barriers to re-entry for persons convicted of certain offenses, including:

·   Allowing inmate information to be posted on a website maintained by the Department of Correctional Services for a period of five years, unless the individual was convicted of a sex offense or non-merit eligible offense;

·   Requiring the Department of Correctional Services to inform inmates upon discharge following the completion of their maximum sentence of imprisonment, together with providing written materials regarding voting.

The Senate Budget Resolution recommends (March 23, 2010):

·         Rejects closure of Ogdensburg Correctional Facility, accepts other prison closures.

·         Proposes $10 million in additional reductions; $3 million in “administrative” personal services, and $7 million in non-personal services

The Executive Budget recommends (analysis as of January 20, 2010):

·            A FY 2010-11 workforce of 29,967 FTEs, a net decrease of 60 FTEs from the adjusted FTE level for FY 2009-10, to be achieved by attrition. This primarily reflects anticipated facility closures (-637 FTEs including 78 PEF FTEs and 17 MC FTEs) offset by 118 new Program Services positions, 68 new Health Services positions, and 58 new Support Services positions. The Executive Budget states that the prison population is projected to drop by 1,100 in the current fiscal year, followed by another 1,000 within the following year to a total of 57,600 inmates.  Prison closures account for 572 FTEs, of which 419 are uniformed.

The following table identifies adjustments in the current fiscal year’s FTEs along with the recommended change from the adjusted FY 2009-10 FTEs by program:

·            Closure of the Lyon Mountain minimum secure facility (11 PEF FTEs) and the minimum security facility at Butler Correctional Facility (4 PEF FTEs), in January 2011 (savings of $12.4 million in annual operating costs, $.9 million in 5 year capital expenses).  Closure of   the minimum security Moriah shock incarceration facility (18 PEF FTEs) and the medium security Ogdensburg Correctional Facility (45 PEF FTEs) in April 2011 (savings of $$33.4 million in annual operating costs, $13.1 million in 5 year capital expenses). Various as yet unidentified dorms will also be consolidated.  Operating savings of $3 million in SFY 2010-11 and $45.8 million in SFY 2011-12 are anticipated from these closures.

·         An All Funds appropriation of $2.697 billion, an increase of $25.8 million (1.0%) from the enacted budget.  This reflects a General Fund net increase of $35.69 million 1.4%, (including an increase of $97.5 million in the Supervision of Inmates Program, offset by reductions in other programs), and a reduction in Special Revenue Other funds ($6.3 million), reflecting a re-estimate of needs for the Food Production Center; and Internal Service funds ($4.3 million), reflecting a decision not to move forward with the license plate reissuance initiative.

·         Personal Services funding is reduced by $92.54 million (+4.9%) from the enacted budget.  The Executive Budget Agency Presentation narrative for DOCS shows a net decrease of $216.7 million from the adjusted appropriation, reflecting more Supervision of Inmate FTEs than originally estimated as well as closures, dorm consolidations and other personal service reductions in SFY 2009-10.

·         Contractual Services funding is reduced by $19.6 million (-5.9%), most of which is in the Support Services Program, which shows a decrease of $14.8 million in funding from the adjusted 2009-10 appropriation. 

·         DOCS employed an estimated 33 employees under consultant contracts in SFY 2009-10 at a cost of $9.6 million and will employ 40 contract employees for $8 million.  While these are not full time equivalents, the average cost of $290,411 per consultant contract employee in SFY 2011-12 suggests that some contract employees are being paid at least $290,411.

·         A second Residential Mental Health Unit (RMHU) at Five Points Correctional Facility will be opened in June 2011.