Agency Mission

The Department of Correctional Services (DOCS) is responsible for the housing, punishment and rehabilitative services more than 70,000 persons convicted of a crime and sentenced to state prison. The DOCS system comprises various types of facilities aimed at providing a particular level of security and services, including the following facilities for males: 15 maximum secure, 38 medium secure, 9 minimum secure, 8 minimum work release, 4 minimum secure boot camps and 1 drug treatment campus. Additionally, DOCS has 8 female facilities, including 1 maximum secure and a portion of the Willard Drug Treatment Campus.

Year-to-Year Change

The Executive proposal would increase funding for General Fund State Operations to $1,611,760,000 by $74,265,100 or 4.83 percent and for Capital Projects to $443,000,000 by $13,938,000 or 3.25 percent. Aid to localities appropriations of $55,902,800 represents a decrease of $4,313,200 or -7.16 percent.

Legislative Changes

This reduction represents the denial of the new capacity proposed by the Executive in State Fiscal Year (SFY) 1998-99.

This reduction represents the denial of the new capacity proposed by the Executive.

This reduction reflects the Executive's actual need for the Franklin Correctional Facility.

As a result of the Sentencing Reform Act of 1995, the Legislature authorized the creation of the Willard Drug Treatment Campus (DTC). The goal of Willard was to divert prison-bound second felony offenders from State prison through a 90-day incarceration program followed by community treatment. This program enables the use of the same prison bed at Willard, 4 times in a single year. However, the Executive has not utilized Willard as it was intended -- for prison-bound second felony offenders and parole violators. Instead, these offenders are being placed in traditional prison beds. In the end, Willard has become a repository for offenders who, prior to its inception, would never have served any State prison time.

Savings are based on the assumption that approximately 200 cases would be direct court sentences to Willard rather than to DOCS. Since beds at Willard are used 3 more times a year, an increase in direct sentenced cases placed at Willard DTC will reduce capacity demand in DOCS. This initiative will allow the elimination of 600 double bunks in DOCS, at an annual operating cost of $18,000 per bed. This generates a fully annualized savings of $10,800,000 and a phased savings of $5,400,000 over the course of the fiscal year.

The Assembly recognizes that funding appropriated for Alternatives to Incarceration programs has a direct impact in the form of diversions of non-violent offenders from the State prison population.

Alternative to incarceration funding provided in the Executive budget will allow the elimination of more than 400 double bunks in DOCS, for which annual operating costs total $18,000 per bed, generating a full annual savings of $7,326,000 and phased-in savings of $3,663,000.

This reduction results from the fact that prison administration could be consolidated further by reducing the number of Deputy Superintendents and other related management staff in the prison system. In the SFY 1990-91 Deficit Reduction Plan, the Executive began the institution of the prison "HUB" system, in which prison administration and inmate processing were streamlined. Under this HUB system, certain Deputy Superintendents at facilities were to be phased out, if the function they performed was to be phased out in the prison in which they served. However, despite the elimination of the function they oversaw at the prison, many Deputy Superintendents remained at their facilities. This reduction corrects for this over allocation of administrative staff, leaving one Deputy Superintendent for each program to oversee several prisons. This will not have any impact on the safety of inmates, guards or the general public.

Consolidation of computer mainframe functions by the Office of Technology results in surplus of the Nonpersonal Service Fund which can be taken as savings.

Legislative Proposals

The Assembly plan allocates $80,000,000 in Federal capital funding as follows:

-- $8,000,000 over two years for implementation of the State's approved program for drug testing, sanctioning, and treatment for prison inmates and parolees;

-- $26,000,000 over two years for the leasing of residential drug treatment beds certified by the Office of Alcoholism and Substance Abuse Services in order to make available prison beds for violent offenders;

-- $46,000,000 over two years to lease local correctional facility beds for the confinement of persons sentenced to state prison and awaiting transfer to the Department. This proposal will result in a reduction of $18,180,000 in Aid to Localities expenditures proposed by the Executive.

Mandatory Alcohol and Substance Abuse Evaluation, Testing and Treatment for Prison Inmates and Parolees

The Assembly proposes that DOCS be required to evaluate all inmates upon reception for alcohol or substance abuse dependency. DOCS is also required to establish mandatory alcohol and substance abuse treatment and periodic testing for all inmates found to be amenable to treatment. The Office of Alcohol and Substance Abuse Services is given the administrative responsibility for the operation of the entire program. However, successful completion of the program shall not reduce an inmate's period of incarceration. Mandatory treatment shall be for a minimum period of twelve months and such treatment shall be provided to inmates through appropriate interpreters, where necessary. Additionally, the bill requires the Division of Parole to provide a continuing program of treatment and periodic testing for all parolees who have alcohol or substance abuse dependency. OASAS must also certify all aspects of this program. Mandatory treatment while on parole shall continue for a minimum period of twelve months. Mandatory substance abuse provisions take effect April 1, 2000 and apply to existing inmates with at least one year of the completion of their minimum terms remaining and inmates entering the system thereafter.

The Assembly restores funding eliminated by the Executive for residential treatment beds which serve those inmates which have completed phase I of the CASAT program and have been subsequently placed in CASAT phase II community programs.

Compulsory Inmate Education and Training

Each DOCS inmate shall be required to participate in compulsory education, mandating that inmates work towards a GED; or if such academic education in unnecessary or inappropriate, to complete a program of vocational training, consistent with an inmate's evaluation upon admission.

Additionally, the proposal provides, subsequent to the completion of a GED or vocational training program, for the establishment of an "Employment Training Program" designed to provide inmates with additional vocational preparation to ensure employment upon release. DOCS is required to contract with proprietary, vocational and other institutions to provide technical and other training. DOCS may also provide such programs through correctional employees, if such programs are certified by the Commissioner of Education. Inmates must be within three years of release eligibility in order to participate in order to participate in an Employment Training Program.

Furthermore, the proposal requires DOCS to establish an "Employment Training Fund," using a portion of Family Benefit Fund revenues. This fund would be used in the first instance to pay for Employment Training Programs; inmates would be required to repay the fund subsequent to their release for the cost of Employment Training Programs they participated in while in prison. This program shall be effective April 1, 2000.

State-Operated Regional Shock Incarceration Program

DOCS would be directed to establish and operate up to two "Regional Shock Incarceration Facilities," to be used by local courts as an alternative to incarceration. In cases where the court would have imposed a definite sentence of imprisonment of 120 or 180 days, this would instead direct that such a sentence be served at a Regional Shock Incarceration Facility. Local governments would be required to pay 50 percent of the costs of maintaining an inmate in such a facility.

Violent felony offenders, sex offenders and homicide offenders would be prohibited from participating in the program. Also barred would be offenders convicted of a Class B misdemeanor or a violation, as their authorized sentences would be lower than those of the new shock program. Class A misdemeanors and low level felons (D and E offenders, along with certain C offenders) would be eligible for placement as an alternative to a definite county jail sentence.

Anti-Privatization of Correctional Facilities

Similar legislation, which was passed by the Assembly in 1998, would provide that the custody and supervision of persons confined in correctional facilities shall be performed solely by appropriate peace officers who shall be in the competitive civil service class of New York State or its local designations. Additionally, language is included providing that medical needs of persons confined to a correctional facility and treated at the Bedford Hills, Wende and/or Fishkill Regional Medical Units shall be performed solely by personnel employed by the state and no part of any appropriation shall be used to contract with an entity other than the state to provide such health care services.

In addition, this proposal would, except as required under Federal law, prohibit the private ownership, management or operation of a correctional facility located in New York State used for the purpose of detaining or incarcerating out-of-state inmates.