Department of Corrections and Community Supervision

The enacted budget makes the following changes to the Executive Budget (March 29, 2012):

·        The enacted budget makes no changes to the proposed Executive Budget appropriation of $2.681 billion.

·        The enacted budget adds a new part T to S6255D/A9055D (the Public Protection and General Government Article VII bill) which requires that employees previously in the Facility Parole Officer (FPO) title series be transferred to an open Parole Officer or Senior Parole Officer position before that position is filled by a newly hired employee. The provisions will apply to FPO 1 or FPO 2 employees for the period that the certificate attesting to satisfactory completion of the training requirements for peace officer eligibility awarded to such employee remains valid pursuant to the provisions of subdivision six of section 2.30 of the Criminal Procedure Law. Employees transferred under this provision cannot displace a current employee in or an employee on the preferred list or reemployment roster for the Parole Officer or Senior Parole Officer title. This provision expires December 31, 2015.

·        Establishes a process for the transfer of sex offenders who currently reside in secure treatment facilities and are found to be disruptive to treatment programming back to the custody of the department of corrections and community supervision until maximum expiration date or until civil confinement determination hearing ( S6256D/A9056D Part P 

·        Modifies current reporting requirements for the Department of Corrections and Community Supervision to include but not be limited to provide the number of correctional facilities in operation, staffing levels at each facility by classification, and number of empty beds in each facility. (S6255D/A9055D PART U)

·        Rejects the broad Executive Budget proposal to allow the Executive to have unlimited transfer and interchange authority over all State Operations appropriations. Instead it creates specific transfer and interchange authorization for State Operation appropriations, they include: OGS/Back Office, Call Center, and Information Technology. In general this authorization allows the Executive to move appropriations between state agencies for these purposes. For additional detail please see page 5 of the Summary of the SFY 2012-13 Enacted Budget memo.

The Senate made the following changes to the Executive Budget:

·        Adds a new part Y to S6255-C (the Public Protection and General Government Article VII bill) which requires that employees previously in the Facility Parole Officer title be transferred to an open Parole Officer or Senior Parole Officer position before that position is filled by a newly hired employee. The provisions will apply to Facility Parole Officer 1 or Facility Parole Officer 2 employees for the period that the certificate attesting to satisfactory completion of the training requirements for peace officer eligibility awarded to such employee remains valid pursuant to the provisions of subdivision six of section 2.30 of the Criminal Procedure Law.

The Executive Budget recommends (analysis as of January 18, 2012):

A SFY 2012-13 workforce of 29,773 the same as the estimated workforce for 3/31/12. The adjusted FTE level for 3/31/12 is a decrease of 1,403 FTEs from the level projected in last year’s Executive Budget. However, last year’s projection did not include the FTE reductions that resulted from last year’s closure of seven prisons and the reduction of more than 3,800 beds.

The following chart identifies adjustments in the current fiscal year FTEs along with the recommended differences in FY 2012-13 FTEs by program:

*The SFY 2011-12 Executive Budget did not propose separate staff for the Parole Board and had all Division of Parole (DOP) staff in Community Supervision; combined DOP is down 170 FTEs.

·  An All Funds appropriation of $2.681 billion, an increase of $76.59 million from the enacted SFY 2011-12 budget, (+2.9%).

·  The total appropriation for Personal Service is $2.013 billion, an increase of $111.24 million, or (+5.8%).

·  The total appropriation for Contractual Services is $288.915 million, or a decrease of $21.644 million or (-7%).

·  Changes to appropriations primarily reflect increases and decreases necessary to realign appropriations with projected staffing and spending levels across the programs, and to reflect the full annual value of savings attributed to the 2011 facility closures.

·  A comprehensive review and restructuring of the DOCCS workforce, educational, vocational, and employment-readiness programs will be enhanced, with the goal of better preparing inmates for their return to the community.

·  Redefining titles for counselors and facility parole officers in order to “eliminate duplication, improve the process of preparing an inmate to appear before the Parole Board, and strengthen community supervision of those on parole.”  A title structure change proposal has been submitted to the Department of Civil Service. This proposal would move employees in the

o   Facility Parole Officer 1 and Correction Counselor titles to a new SG-19 title of Offender Rehabilitation Coordinator;

o   Facility Parole Officer 2 and Supervising Correction Counselor titles to a new SG-22 title of Supervising Offender Rehabilitation Coordinator;

o   Parole Substance Abuse Counselor 1 and Correction Counselor ASAT into a new SG-19 title of Offender Rehabilitation Coordinator ASAT;

o   Parole Substance Abuse Counselor 2 and Supervising Correction Counselor ASAT into a new SG-22 title of Supervising Offender Rehabilitation Coordinator ASAT.

o   DOCCS has requested that the Department of Civil Service continue the current 70.1 transfer rights between the new titles and the Parole Officer and Senior Parole Officer titles.

·  The Department employed an estimated 50 employees (an estimated 47 FTEs) under consultant contracts in SFY 2011-12 at a cost of $8.86 million or $188,470 per employee. It is estimated that 44 consultants (an estimated 41 FTEs) will be employed in SFY 2012-13 at an estimated cost of $7.02 million or $171,140 per employee. The expenditures may include more than personal service costs and is inconsistent with Office of State Comptroller data on consultant spending so it is difficult to draw conclusions as to the actual cost per consultant employee.