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ANALYSIS OF THE NEW JERSEY BUDGET DEPARTMENT OF CORRECTIONS STATE PAROLE BOARD FISCAL YEAR 2012 - 2013 PREPARED BY OFFICE OF LEGISLATIVE SERVICES NEW JERSEY LEGISLATURE • APRIL 2012 NEW JERSEY STATE LEGISLATURE SENATE BUDGET AND APPROPRIATIONS COMMITTEE Paul A. Sarlo (D), 36th District (Parts of Bergen and Passaic), Chair Brian P. Stack (D), 33rd District (Part of Hudson), Vice-Chair Jennifer Beck (R), 11th District (Part of Monmouth) Anthony R. Bucco (R), 25th District (Parts of Morris and Somerset) Sandra B. Cunningham (D), 31st District (Part of Hudson) Linda R. Greenstein (D), 14th District (Parts of Mercer and Middlesex) Steven Oroho (R), 24th District (All of Sussex, and parts of Morris and Warren) Kevin J. O'Toole (R), 40th District (Parts of Bergen, Essex, Morris and Passaic) Joseph Pennacchio (R), 26th District (Parts of Essex, Morris and Passaic) Nellie Pou (D), 35th District (Parts of Bergen and Passaic) M. Teresa Ruiz (D), 29th District (Part of Essex) Jeff Van Drew (D), 1st District (All of Cape May, and parts of Atlantic and Cumberland) Loretta Weinberg (D), 37th District (Part of Bergen) GENERAL ASSEMBLY BUDGET COMMITTEE Vincent Prieto (D), 32nd District (Parts of Bergen and Hudson), Chairman Gary S. Schaer (D), 36th District (Parts of Bergen and Passaic), Vice Chairman Anthony M. Bucco (R), 25th District (Parts of Morris and Somerset) John J. Burzichelli (D), 3rd District (All of Salem, and parts of Cumberland and Gloucester) Gary R. Chiusano (R), 24th District (All of Sussex, and parts of Morris and Warren) Albert Coutinho (D), 29th District (Part of Essex) Gordon M. Johnson (D), 37th District (Part of Bergen) Declan J. O'Scanlon, Jr. (R), 13th District (Part of Monmouth) Troy Singleton (D), 7th District (Part of Burlington) Bonnie Watson Coleman (D), 15th District (Parts of Hunterdon and Mercer) Jay Webber (R), 26th District (Parts of Essex, Morris and Passaic) Benjie E. Wimberly (D), 35th District (Parts of Bergen and Passaic) OFFICE OF LEGISLATIVE SERVICES David J. Rosen, Legislative Budget and Finance Officer Frank W. Haines III, Assistant Legislative Budget and Finance Officer Marvin W. Jiggetts, Director, Central Staff Patricia K. Nagle, Section Chief, Judiciary Section This report was prepared by the Judiciary Section of the Office of Legislative Services under the direction of the Legislative Budget and Finance Officer. The primary author was Anne C. Raughley. Questions or comments may be directed to the OLS Judiciary Section (609-847-3865) or the Legislative Budget and Finance Office (609-292-8030). DEPARTMENT OF CORRECTIONS AND STATE PAROLE BOARD Budget Pages....... C-5, C-9, C-12, C-26, C-28, C-29, D-57 to D-73, G-1 to G-2, H-13, H-18, H-20, H-21 Fiscal Summary ($000) State Budgeted Federal Funds Other Grand Total Expended FY 2011 $1,115,567 Adjusted Appropriation FY 2012 $1,107,607 Recommended FY 2013 $1,076,981 Percent Change 2012-13 ( 2.8%) $7,920 $12,429 $12,780 2.8% $56,880 $51,221 $52,397 2.3% $1,180,367 $1,171,257 $1,142,158 ( 2.5%) Personnel Summary - Positions By Funding Source State Federal Other Total Positions Actual FY 2011 8,749 Revised FY 2012 8,500 Funded FY 2013 8,667 Percent Change 2012-13 2.0% 30 27 43 59.3% 297 279 284 1.8% 9,076 8,806 8,994 2.1% FY 2011 (as of December) and revised FY 2012 (as of January) personnel data reflect actual payroll counts. FY 2013 data reflect the number of positions funded. Link to Website: http://www.njleg.state.nj.us/legislativepub/finance.asp Department of Corrections and State Parole Board FY 2012-2013 Highlights • According to the Department of Corrections' monthly Summary of Residents, Admissions and Releases report, as of February 29, 2012, there were 23,818 State sentenced inmates housed in State and county correctional facilities and halfway house placements, 766 or 3.1 percent fewer inmates than the number housed on January 31, 2011. Of this amount, 20,673 inmates were housed in DOC facilities, 2,823 were housed in various community based residential facilities, and 322 were housed in the county jails. • FY 2013 budget evaluation data indicates that the department anticipates an average daily population of 320 inmates housed in the county jails, 6 more inmates than the average daily population of 314 in FY 2012. DIRECT STATE SERVICES • The Department of Corrections' and the State Parole Board's combined FY 2013 Direct State Services recommendations total $951.6 million, which is $29.2 million or 3.0 percent less than the FY 2012 adjusted appropriation of $980.8 million. Funding for institutional operations is recommended at $807.7 million, totaling $29.5 million or 3.3 percent less than the FY 2012 adjusted appropriation of $837.2 million. DEPARTMENT OF CORRECTIONS • The FY 2013 recommendation for departmental salaries and wages totals $599.115 million, $34.628 million or 5.5 percent less than the amount appropriated in FY 2012. Included in this reduction is $17.2 million in overtime savings department-wide, based on FY 2012 spending projections. The remaining salary savings is based on reducing 135 funded vacancies, department-wide. • The department is recommended to receive $1.216 million in FY 2013 to “refresh and enhance” its fleet of cars, vans, buses and emergency preparedness vehicles and supplies. Funding has also been reallocated from institutional accounts to the Central Office to fund the department-wide upgrade. • The Civilly Committed Sexual Offender program is recommended to receive $28.3 million in FY 2013, $1.1 million more than the FY 2012 adjusted appropriation of $27.2 million. FY 2013 evaluation data indicates that the recommended appropriation would support 481 patients, 26 more than the number funded during FY 2012. • The FY 2013 budget recommends an increase of $4.5 million for Hepatitis C medications, reflecting the cost of drug therapies recently approved for use to treat Hepatitis C that will become a part of DOC’s standard of care. 2 Department of Corrections and State Parole Board FY 2012-2013 Highlights (Cont’d) STATE PAROLE BOARD • The State Parole Board is recommended to receive $39.4 million for Salaries and Wages in FY 2013, a decrease of $1.7 million or 4.1 percent under the FY 2012 adjusted appropriation of $41.1 million. This reduction reflects the annualization of FY 2012 Parole Board savings as well as the elimination of funded vacancies. • The Parolee Electronic Monitoring program is recommended to receive $4.165 million in FY 2013, representing a savings of $428,000. • P.L.2007, c.128 made the Satellite-based Monitoring of Sex Offenders pilot program permanent. The program is recommended to receive $2.619 million in FY 2013, a reduction of $200,000 under the FY 2012 adjusted appropriation. The reduction reflects a decrease in the cost of the monitoring services as a result of contract negotiation. • The Parole Violator Assessment and Treatment Program is recommended to receive $3.029 million in FY 2013, $533,000 or 15 percent less than the amount appropriated in FY 2012. GRANTS-IN-AID DEPARTMENT OF CORRECTIONS • The FY 2013 recommendation for the Purchase of Services for Inmates Incarcerated in County Penal Facilities totals $4.1 million, a decrease of $1.5 million or 26.1 percent under the FY 2012 adjusted appropriation of $5.6 million. Background Paper Inmate Population Trends p. 12 3 Department of Corrections and State Parole Board FY 2012-2013 Fiscal and Personnel Summary AGENCY FUNDING BY SOURCE OF FUNDS ($000) Expended FY 2011 Adj. Approp. FY 2012 Recom. FY 2013 2011-13 2012-13 $986,908 $980,809 $951,640 ( 3.6%) ( 3.0%) 111,923 106,298 104,841 ( 6.3%) ( 1.4%) 15,000 20,500 20,500 36.7% 0.0% 1,736 0 0 ( 100.0%) 0.0% 0 0 0 0.0% 0.0% $1,115,567 $1,107,607 $1,076,981 ( 3.5%) ( 2.8%) $0 $0 $0 0.0% 0.0% Grants-In-Aid 0 0 0 0.0% 0.0% State Aid 0 0 0 0.0% 0.0% Sub-Total $0 $0 $0 0.0% 0.0% Casino Revenue Fund $0 $0 $0 0.0% 0.0% Casino Control Fund $0 $0 $0 0.0% 0.0% $1,115,567 $1,107,607 $1,076,981 ( 3.5%) ( 2.8%) $7,920 $12,429 $12,780 61.4% 2.8% $56,880 $51,221 $52,397 ( 7.9%) 2.3% $1,180,367 $1,171,257 $1,142,158 ( 3.2%) ( 2.5%) Percent Change General Fund Direct State Services Grants-In-Aid State Aid Capital Construction Debt Service Sub-Total Property Tax Relief Fund Direct State Services State Total Federal Funds Other Funds Grand Total PERSONNEL SUMMARY - POSITIONS BY FUNDING SOURCE State Federal All Other Total Positions Percent Change 2011-13 2012-13 Actual FY 2011 Revised FY 2012 Funded FY 2013 8,749 8,500 8,667 ( 0.9%) 2.0% 30 27 43 43.3% 59.3% 297 279 284 ( 4.4%) 1.8% 9,076 8,806 8,994 ( 0.9%) 2.1% FY 2011 (as of December) and revised FY 2012 (as of January) personnel data reflect actual payroll counts. FY 2013 data reflect the number of positions funded. AFFIRMATIVE ACTION DATA Total Minority Percent Department of Corrections 45.1% 46.0% 48.2% ---- ---- Parole 37.3% 37.3% 37.7% ---- ---- 4 Department of Corrections and State Parole Board FY 2012-2013 Significant Changes/New Programs ($000) Budget Item Adj. Approp. FY 2012 Recomm. FY 2013 Dollar Change Percent Change Budget Page DEPARTMENT OF CORRECTIONS DIRECT STATE SERVICES SALARIES AND WAGES Detention and Rehabilitation $579,953 $547,966 ($31,987) ( 5.5%) D-65 System Wide Program Support $38,893 $36,910 ($1,983) ( 5.1%) D-67 Central Planning, Direction and Management $14,897 $14,239 ($ 658) ( 4.4%) D-72 $633,743 $599,115 ($34,628) ( 5.5%) TOTAL The FY 2013 reductions in the salary accounts are primarily the result of $17.2 million in overtime savings department-wide, based on FY 2012 spending projections. The remaining salary savings is based on the elimination of 135 funded vacancies, department-wide. Detention and Rehabilitation was reduced by 123 funded vacancies, Central Office was reduced by 5 vacancies and System-Wide was reduced by 7 vacancies. These position reductions combined with the overtime savings account for the total salary savings. SERVICES OTHER THAN PERSONAL Detention and Rehabilitation System Wide Program Support TOTAL $145,480 $146,229 $ 749 .5% D-65 $8,453 $12,278 $ 3,825 45.3% D-67 $153,933 $158,507 $ 4,574 3.0% The recommended increases in the Services Other than Personal Accounts reflect the increased cost of new medications which have been released to treat Hepatitis C. According to the Executive, these drugs (Boceprevir and Incivek) have recently been approved by the US Food and Drug Administration, can cost up to $30,000 per inmate per year and will become part of the department’s standard of care for Hepatitis C. 5 Department of Corrections and State Parole Board FY 2012-2013 Significant Changes/New Programs ($000) (Cont’d) Budget Item SPECIAL PURPOSE: Civilly Committed Sexual Offender Program Adj. Approp. FY 2012 $27,186 Recomm. FY 2013 $28,314 Dollar Change $ 1,128 Percent Change Budget Page 4.1% D-65 The recommended increase would fund a new team of therapists for the Civilly Committed Sexual Offender Unit. FY 2013 evaluation data indicates that the recommended appropriation would support 481 patients, 26 more than the number funded during FY 2012. The FY 2012 lapse report indicates that the department is planning to lapse $811,000 from this program at the end of the current fiscal year. ADDITIONS, IMPROVEMENTS AND EQUIPMENT Detention and Rehabilitation $1,930 $1,030 ($ 900) ( 46.6%) D-65 Central Office $77 $1,896 $ 1,819 2362.3% D-72 $2,007 $2,926 $ 919 45.8% TOTAL For FY 2013, new funding and current funding reallocated from institutional accounts to the Central Office will support a department-wide vehicle upgrade. The department will acquire 125 new cars and vans to replace vehicles which have logged over 125,000 miles and have been deemed no longer worth repairing. In addition, 8 new 44-passenger buses for normal and emergency transport and 2 new buses to facilitate county jail transfers will be acquired. ALL OTHER FUNDS Institutional Care and Treatment $7,160 $7,368 $ 208 2.9% D-65 The FY 2013 recommendation for Institutional Care and Treatment, All Other Funds represents funding awarded to the institutions under the State Facilities Education Act of 1979 (SFEA) (P.L. 1979, c.207). Funds for this program are provided through the Department of Education and based on annual pupil count that is conducted on the last school day prior to October 16th for the following school year. Eligible student offenders are 20 years of age or younger on July 1, enrolled in education programs, and do not yet possess a high school diploma or equivalent. Funds are distributed proportionally based on each facility's pupil count after adjustments are made for central office educational support services, various special services and other contingencies. 6 Department of Corrections and State Parole Board FY 2012-2013 Significant Changes/New Programs ($000) (Cont’d) Budget Item Administration and Support Services Adj. Approp. FY 2012 $15,346 Recomm. FY 2013 $16,667 Dollar Change $ 1,321 Percent Change Budget Page 8.6% D-65 The FY 2013 increase in this account reflects receipts from the institutional inmate canteens. Profits from each of the institution's inmate canteens are transferred to the Inmate Welfare Fund and used to fund programs and activities which benefit the inmates. Materials and Supplies $949 $1,169 $ 220 23.2% D-67 The FY 2013 budget recommends $1.169 million for this account, an increase of $220,000 or 23 percent. According to the department, the recommended increase would provide for emergency preparedness inmate supplies such as mattresses and bedding as well as basic hygiene supplies and bedding for staff who would be unable to leave an institution in the event of an emergency. SPECIAL PURPOSE: Video Teleconferencing $300 $172 ($ 128) ( 42.7%) D-67 The recommended decrease represents efficiencies realized in the DOC video teleconferencing program. Savings have been realized through the elimination of equipment maintenance where there is no or very low usage or where equipment has reach “end of life”. In addition, toll charges have been reduced as a result of newly installed State Parole Board owned systems at four institutions. The DOC uses video teleconferencing technology to conduct criminal justice proceedings, including preliminary court activities, parole hearings and deportation hearings, reducing the need to transport inmates from the secure confines of the correctional institutions and thus resulting in overtime and transportation savings. 7 Department of Corrections and State Parole Board FY 2012-2013 Significant Changes/New Programs ($000) (Cont’d) Budget Item GRANTS IN AID: Purchase of Service for Inmates Incarcerated in County Penal Facilities Adj. Approp. FY 2012 $5,582 Recomm. FY 2013 $4,125 Dollar Change ($1,457) Percent Change ( 26.1%) Budget Page D-67 Although Executive Order #106, which authorized the Department of Corrections to house State Sentenced prison inmates in the county jails in order to alleviate overcrowding in the State’s prisons, expired in March 1998, the Department of Corrections continues to house State inmates in county penal facilities at various reimbursement rates agreed upon between the State and the counties. The State has entered into such contracts with eighteen of the State's twentyone counties. According to FY 2013 budget evaluation data, the recommendation would provide funding for an average daily population of 320 inmates housed in county facilities. However, the State is required to pay for inmates who stay more than 15 days. This number has been below 100 inmates per month so far through FY 2012, leading to a savings for the County Jail account. FEDERAL FUNDS Institutional Program Support $9,553 $10,154 $ 601 6.3% D-68 The FY 2013 increase in federal funding represents new funding totaling $400,000 for the US Department of Justice Second Chance Re-entry program, and an increase of $644,000 for the Promoting Responsible Fatherhood program, offset by a reduction of $143,000 for the Second Chance Re-entry Family Based Prisoner Substance Abuse Treatment Program and the elimination of $300,000 for the Camden County Re-entry Initiative Grant. Federal funds for the following programs are anticipated in FY 2012: The Department of Justice Second Chance Re-Entry program is projected to receive $400,000 in 2013, a new program. The Promoting Responsible Fatherhood grant is projected at $1,039 in FY 2013, an increase of $644,000 or 163 percent over the FY 2013 funding level of $395,000. The Second Chance Re-entry Project Family Based Prisoner Substance Abuse Treatment program is projected to receive $300,000 in FY 2013, a decrease of $143,000 under the FY 2012 funding level. The Justice and Mental Health Collaboration Program is projected to receive $200,000 in FY 2013, the same level of funding as received in FY 2012. The State Criminal Alien Assistance program is anticipated at $4.856 million in FY 2013, the same level of funding as received in FY 2012. The National Institute of Justice Grant for Corrections Research--Escape Study grant is projected at $300,000 in FY 2013, the same level of funding as received in FY 2012. 8 Department of Corrections and State Parole Board FY 2012-2013 Significant Changes/New Programs ($000) (Cont’d) Budget Item Adj. Approp. FY 2012 Recomm. FY 2013 Dollar Change Percent Change Budget Page The Inmate Vocational Certifications grant is projected to receive $173,000 in FY 2013, the same level of funding as received in FY 2012. The Communications Upgrade – US Department of Commerce grant is projected to receive $1 million in FY 2013, the same level of funding as received in FY 2012. The Central Communications Upgrade – US Department of Homeland Security grant is projected to receive $1 million in FY 2013, the same level of funding as received in FY 2012. Project INSIDE funding is expected to be $386,000 in FY 2013, the same level of funding as received in FY 2012. The department anticipates the receipt of $500,000 in FY 2013 for Technology Enhancements, the same level of funding as received in FY 2012. ALL OTHER FUNDS Institutional Program Support $165 $0 ($ 165) ( 100.0%) D-68 The FY 2013 recommendation reflects the elimination of funding for the Nicholson Foundation Re-Entry grant program. PAROLE DIRECT STATE SERVICES Salaries and Wages $41,100 $39,432 ($1,668) ( 4.1%) D-70 The FY 2013 recommendation reflects the annualization of FY 2012 Parole Board savings as well as the elimination of funded vacancies. SPECIAL PURPOSE: Parolee Electronic Monitoring Program $4,593 $4,165 ($ 428) ( 9.3%) D-70 The FY 2013 recommendation reflects a $250,000 decrease in the contract for parolee electronic monitoring services as a result of contract negotiation. An additional $178,000 in savings from the State Parole Board’s line of credit is also reflected in this line item. In addition, the number of parolees expected to participate in the program has declined from 268 in FY 2012 to 250 in FY 2013. 9 Department of Corrections and State Parole Board FY 2012-2013 Significant Changes/New Programs ($000) (Cont’d) Budget Item Satellite Based Monitoring of Sex Offenders Adj. Approp. FY 2012 $2,819 Recomm. FY 2013 $2,619 Dollar Change ($ 200) Percent Change ( 7.1%) Budget Page D-70 The FY 2013 recommendation reflects a decrease in the cost of Satellite Based Monitoring of Sex Offenders services as a result of contract negotiation. Evaluation data indicates that the FY 2013 appropriation level would support 325 program participants, 22 more than the number of participants supported during FY 2012. Parole Violator Assessment and Treatment Program $3,562 $3,029 ($ 533) ( 15.0%) D-70 The FY 2013 recommendation reflects unspecified efficiencies generated within the program. The FY 2013 level of funding would support 135 program participants. FEDERAL FUNDS Parole $750 $500 ($ 250) ( 33.3%) D-71 The FY 2013 decrease in federal funding reflects the elimination of $250,000 in funding for the Community Mental Health Partnership – Second Chance program. The Parole Board anticipates the receipt of $500,000 in FY 2013 for the Prisoner Re-Entry Initiative, the same amount of funding as received in FY 2012. 10 Department of Corrections and State Parole Board FY 2012-2013 Significant Language Changes System-Wide Program Support New Language 2012 Handbook: p. 2013 Budget: p. D-68 Notwithstanding the provisions of any law or regulation to the contrary, the amount hereinabove appropriated for Purchase of Community Services shall be subject to the following condition: in order to permit flexibility and efficiency in the housing of State inmates, the operational capacity of the Residential Community Release Program, as a place of confinement, shall be determined by the Commissioner of the Department of Corrections as authorized by N.J.S.A.30:4--91.2, subject to the approval of the Director of the Division of Budget and Accounting. Explanation The proposed language would give the commissioner of the DOC the authority to determine the number of residential community release beds that would be available for the placement of DOC inmates into community settings. It is unclear what specific provisions of law are intended to be set aside by this language. Parole New Language 2012 Handbook: p. 2013 Budget: p. D-71 Of the amounts hereinabove appropriated for Grants--in--Aid, an amount not to exceed $3,000,000 may be transferred to other state departments or agencies as directed by the Chairman of the State Parole Board to provide services to parolees as requested by the Governor’s Task Force on Recidivism Reduction, subject to the approval of the Director of the Division of Budget and Accounting. Explanation The proposed language would permit the State Parole Board to transfer up to $3 million in funding to other State departments or agencies providing services to parolees as recommended by the Governor’s Task Force on Recidivism Reduction. The task force was authorized under Executive Order Number 83, November 28, 2011. The proposed language would provide the Parole Board with the flexibility to implement any recommendations made by the task force. The Task Force has been charged with studying the State’s efforts towards the reduction of criminal recidivism, creating a system whereby those efforts can be benchmarked and continually evaluated, then presenting ongoing recommendations to the Governor regarding how best to ensure the effectiveness and success of this State’s efforts towards recidivism reduction. 11 Department of Corrections and State Parole Board FY 2012-2013 Background Paper: Inmate Population Trends Budget Pages.... D-57 to D-73 Summary New Jersey's adult and young adult State prison population steadily increased through the 1980’s and into the 1990’s. Commencing with the year 2000, the stress of prison population growth abated as inmate populations decreased, providing some relief to the Department of Corrections. Concurrently, the makeup of the prison population changed from primarily violent offenders to primarily non-violent offenders with an increasing number of drug offenders. The FY 2009 closure of Riverfront State Prison has highlighted the State’s focus on reducing the State prison population in favor of the lower cost alternatives to incarceration and expanded parole programs. While the overall State prison population has remained relatively stable since 2000, albeit with slight fluctuations, future inmate population trends will influence policy decisions and the need for the allocation of resources in upcoming years. Introduction The Department of Corrections (DOC) is responsible for custody, care, discipline, training and treatment of persons committed to State correctional institutions, as well as for those individuals under community supervision or on parole. The department has under its jurisdiction 13 institutions: one reception center, eight housing adult male offenders, one of which is dedicated to the treatment and rehabilitation of sex offenders; one housing adult female offenders; and three facilities housing youthful offenders. Additionally, the department is responsible for housing offenders who have completed their term of incarceration but who have been classified as sexually violent predators and are considered to be a danger to the public and have been involuntarily committed to one of two State operated facilities. While the Department of Corrections is responsible for housing and providing security for these individuals, the Department of Human Services is responsible for treatment services. In addition to the State-run institutions, the Department of Corrections houses inmates in county jails and in various alternatives to incarceration. These placements serve two functions: to ease the overcrowded conditions within the State operated facilities, and to provide various treatment and educational services to State sentenced inmates to help ease the transition back to society at the end of the inmate’s term of incarceration. Prison Population Changes The following chart tracks the State prisons' population from the late 1980's through 2011. On December 31, 1987, the Department of Corrections housed 15,945 adult and young adult State sentenced inmates in State and county correctional facilities and in various community based halfway house facilities. On December 31, 1999, the high point in the State prison population, the number of State sentenced inmates totaled 30,818 adult and young adult inmates in State and county correctional facilities and community placements. On December 31, 2011 the State sentenced prison population totaled 23,842 inmates, 6,976 inmates fewer than the number housed in 1999, a decline of about 23 percent. 12 Department of Corrections and State Parole Board FY 2011-2012 Background Paper: Inmate Population Trends (Cont’d) Total Inmate Population 20 11 20 08 20 05 20 02 19 99 19 96 19 93 19 90 19 87 40,000 30,000 20,000 10,000 - Inmate Population Source: New Jersey Department of Corrections, "Residents, Admissions and Releases" report, issued monthly by the DOC Division of Policy Analysis and Planning. The growth during the 1990’s was due primarily to the enactment of various laws aimed at securing a safer environment for New Jersey's population through new and longer sentences for various drug offenses, drug related criminal activity and violent crimes. In addition, minimum mandatory sentences imposed on several offenses required longer prison stays for convicted offenders. Finally, statutes mandating stiffer parole eligibility criteria served to keep offenders incarcerated longer, swelling the State prison population. The more recent reductions in the State sentenced prison population can be attributed to the fact that many inmates who had been sentenced under the mandatory minimum sentence statutes began to reach the end of their terms of incarceration and were paroled. In addition, increases in State Parole Board staff permitted the Parole Board to expand its alternatives to incarceration programs, to implement new programs and to reduce the backlog of inmates awaiting parole hearings. The Statewide expansion of the Drug Court program and the Judiciary’s Intensive Supervision program have also contributed to the reduction in the State prison population. Offender Characteristics Over time, the makeup of the State sentenced prison population had begun to show a disproportionate increase in the number of drug offenses over the increase in violent crime. For example on December 31, 1986, a total of 11 percent of the State prison population were drug offenders. Another 61 percent were convicted of violent crimes, while the remaining 28 percent were convicted of all other types of crimes. In January, 1998 drug offenders accounted for 34 percent of the total prison population, the proportion of violent offenders declined to 40 percent, and those convicted of other offenses totaled 26 percent of the inmate population. 13 Department of Corrections and State Parole Board FY 2011-2012 Background Paper: Inmate Population Trends (Cont’d) While the number of drug offenses had risen during the intervening years since 1986, these numbers have recently begun to decline as a result of the State’s use of alternative programs such as drug court, which provides treatment rather than incarceration for non-violent drug offenders. As of January 2012, a total of 22 percent of the State prison population were drug offenders. Another 54 percent of the State sentenced prison population were convicted of violent crimes, while the remaining 24 percent were convicted of all other types of crimes. The following chart illustrates to makeup of the State sentenced prison population by offense. Inmate Population by Offense 40,000 30,000 20,000 10,000 0 1986 1989 1992 1995 1998 2000 2003 2008 2011 Other Drug Violent Source: New Jersey Department of Corrections "Offender Characteristics Report", issued by the DOC Division of Policy Analysis and Planning. Mandatory Minimum Sentences During the 1980's and into the 1990's, the Legislature’s efforts to reduce and punish crime in New Jersey included enacting statutes imposing mandatory minimum sentences on individuals convicted of crimes. Under a mandatory minimum term, an inmate must serve a specified minimum amount of time in prison before becoming eligible for parole. Prior to the enactment of these laws, convicted offenders generally served from one-third to one-half of the sentence imposed due to time and work credits earned while incarcerated and the parole process. The following chart illustrates that since 1986, the number of inmates serving mandatory minimum terms generally grew at a greater pace than the total number of inmates in the correctional population. In 1986, about 43 percent of the State's total adult population were serving mandatory minimum terms. By 2011 this proportion increased to 71 percent of the total inmate population. Because of this increasing proportion of inmates serving mandatory minimum sentences, several bills have been introduced relaxing mandatory terms. 14 Department of Corrections and State Parole Board FY 2011-2012 Background Paper: Inmate Population Trends (Cont’d) Inmate Population by Mandatory Term 40,000 30,000 20,000 10,000 0 1986 1989 1992 1995 1998 Mand Min 2000 2003 2008 2011 No Mand Min Source: New Jersey Department of Corrections "Offender Characteristics Report", issued by the DOC Division of Policy Analysis and Planning. Alternative Housing Options As the DOC’s prison population grew during the 1980’s and 1990’s, the department faced the task of acquiring secure housing to meet its mandate to house the State’s convicted offenders. In response, the DOC enlisted county jails and expanded its use of community based halfway houses and treatment facilities and various alternatives to incarceration. Recent trends show the department placing more reliance on halfway house alternatives than on county facilities as a housing option. County jails have remained an important facet of the department's overall housing strategy because this is where the overflow of State sentenced prison inmates are housed at any given time. The number of inmates housed in the counties has been largely dependent upon the number of admissions processed each month offset by the number of releases and paroles granted, and is subject to monthly fluctuations. In December 1986, while the Department of Corrections had a total of 14,346 inmates, 11,937 of them, or 83 percent, were housed in State facilities. Of the remaining number, 2,244 (16 percent) were housed in county facilities and 165 (1 percent) were housed in community settings (which includes both community based treatment centers and alternatives to incarceration). In December, 2011, the number of State sentenced inmates totaled 23,842. The number housed in State facilities totaled 20,755 inmates, comprising 87 percent of the prison population, slightly more than the percentage of inmates housed in 1986. The number of county placements declined to 200 (1 percent), and the number of community placements totaled 2,887 (12 percent). The increasing use of community placements reflects the State’s attempt during the past several years to reduce the number of inmates housed in the counties as well as an effort to expand the use of alternatives to incarceration. In FY 2013, the State projects that the number of inmates housed in the counties will total 320. The following charts illustrate the shift in the use of county facilities and the department's increasing reliance on community based alternatives to incarceration. 15 Department of Corrections and State Parole Board FY 2011-2012 Background Paper: Inmate Population Trends (Cont’d) Population Distribution December 1986 1% 16% 83% Total Inmates Housed in State Facilities Total Inmates Housed in Counties Total Inmates Housed in Community Settings Population Distribution December 2011 12% 1% 87% Total Inmates Housed in State Facilities Total Inmates Housed in Counties Total Inmates Housed in Community Settings Source: New Jersey Department of Corrections, "Residents, Admissions and Releases" report, issued monthly by the DOC Division of Policy Analysis and Planning. 16 OFFICE OF LEGISLATIVE SERVICES he Office of Legislative Services provides nonpartisan assistance to the State Legislature in the areas of legal, fiscal, research, bill drafting, committee staffing and administrative services. It operates under the jurisdiction of the Legislative Services Commission, a bipartisan body consisting of eight members of each House. The Executive Director supervises and directs the Office of Legislative Services. T The Legislative Budget and Finance Officer is the chief fiscal officer for the Legislature. The Legislative Budget and Finance Officer collects and presents fiscal information for the Legislature; serves as Secretary to the Joint Budget Oversight Committee; attends upon the Appropriations Committees during review of the Governor's Budget recommendations; reports on such matters as the committees or Legislature may direct; administers the fiscal note process and has statutory responsibilities for the review of appropriations transfers and other State fiscal transactions. The Office of Legislative Services Central Staff provides a variety of legal, fiscal, research and administrative services to individual legislators, legislative officers, legislative committees and commissions, and partisan staff. The central staff is organized under the Central Staff Management Unit into ten subject area sections. Each section, under a section chief, includes legal, fiscal, and research staff for the standing reference committees of the Legislature and, upon request, to special commissions created by the Legislature. The central staff assists the Legislative Budget and Finance Officer in providing services to the Appropriations Committees during the budget review process. Individuals wishing information and committee schedules on the FY 2013 budget are encouraged to contact: Legislative Budget and Finance Office State House Annex Room 140 PO Box 068 Trenton, NJ 08625 (609) 292-8030 • Fax (609) 777-2442