STATE OF CALIFORNIA Budget Change Proposal - C o v e r Sheet DF-46 (REV 08/16)

Fiscal Year 2017-18

Business Unit 5225

Department California Department of Corrections & Rehabilitation

Priority No. 003

Budget Request Name Program Subprogram VARIOUS VARIOUS

5225-407-BCP-2017-MR

Budget Request Description Drug and Contraband Interdiction Program

Budget Request Summary The California Department of Corrections and Rehabilitation requests $6,723 million General Fund and 43.0 positions in 2017-18 and $5,936 million General Fund and 43.0 positions beginning in 2018-19 to expand the Drug and Contraband Interdiction Program canine teams statewide.

Requires Legislation

• Yes lEl No

Code Section(s) to be Added/Amended/Repealed

Does this BCP contain information technology (IT) components? O Yes ^ No

If yes, departmental Cfilet Information Officer must sign.

Department CIO Date

For IT requests, specify the project number, the most recent project approval document (FSR, SPR, S1BA, S2AA, S3SD, S4PRA), and the approval date.

Project No. Project Approval Document: Approval Date:

If proposal affects another department, does other department concur with proposal? • Yes • No Attacfi comments of affected department, signed and dated by the department director or designee.

Prepared By Date Reviewed By Date Felix M. Vasquez Jason Lopez

Department Director Date Agency Secretary Date Kathleen Allison Scott Kernan

Department of Finance Use Only

Additional Review: • Capital Outlay • ITCU • FSCU • OSAE • CALSTARS • Dept. of Technology

BCP Type: • Policy • Workload Budget per Government Code 13308.05

PPBA Original Signed By: Joshua Gauger

Date submitted to the Legislature

Analysis of Problem

A. Budget Request Summary

The California Department of Corrections and Rehabilitation requests $6,723 million General Fund (GF) and 43.0 positions in 2017-18 and $5,936 million GF and 43.0 positions beginning in 2018-19 to expand the Drug and Contraband Interdiction Program canine teams statewide.

B. Background/History

The California Department of Corrections and Rehabilitation (CDCR) has long recognized the ongoing problems of drug use, trafficking, and contraband within its institutions. Prior to 2014-15, CDCR performed routine cell searches (three cells/bunk areas during second and third watches), completed walkthroughs, and used hand-held metal detectors in all inmate living areas. CDCR also maintained 28 canine teams located throughout the state to conduct searches of staff's personal property when entering secured perimeters and perform enhanced inspections at least once per month. All visitors, contractors, and volunteers were processed through metal detectors and personal items were thoroughly searched.

Canine searches successfully yielded over 3,800 cell phones and over 21,000 grams of narcotics from May 2010 through June 2014. However, CDCR staff continued to discover contraband within institution secured perimeters. Therefore, the Statewide Canine Program was expanded from 28 to 34 canine teams by using asset forfeiture funding to purchase canines and equipment.

To further address this issue, the Legislature approved $5.2 million GF per year and 24.0 positions on a two-year limited term basis beginning in 2014-15 to conduct an Enhanced Drug and Contraband Interdiction Program (EDCIP) pilot. CDCR implemented EDCIP at 11 institutions; three identified as an intensive level of interdiction and eight identified as a moderate level of interdiction. Subsequently, the Legislature approved resources in 2016-17 to continue the EDCIP pilot for one additional year.

Resource History (Dollars in thousands)

Program Budget 2012-13 2013-14 2014-15 2015-16 2016-17 Authorized Expenditures $3,186 $3,186 $8,343 $8,343 $8,075 Actual Expenditures $3,186 $3,186 $8,343 $8,343 $8,075 Revenues N/A N/A N/A N/A N/A Authorized Positions 28.0 28.0 52.0 52.0 32.2 Filled Positions N/A N/A 51.0 51.0 31.2 Vacancies N/A N/A 1.0 1.0 1.0

The following measures were implemented through the EDCIP pilot program:

CDCR expanded the Statewide Canine Program by increasing the number of canine teams from 34 to 49. The canine teams are located regionally in Northern, Central, and Southern California, with a minimum of two canine teams placed at each institution identified as having a moderate or intensive interdiction need. Each team is comprised of a canine and a Canine Correctional Officer. The Canine Correctional Officers commit to the canine program for a minimum of three years, and also assist in cell, inmate air scan, vehicle, and other searches throughout the institution. The canines are able to work up to four hours at a time, requiring frequent breaks. Canine teams assigned to institutions are required to perform random cell/bunk searches, inside/outside building searches, and when called upon, participate in searches of other institutions. Also, when requested, canine teams aid outside law enforcement agencies with search operations in the community.

Drug Interdiction Correctional Officers are responsible for completing the functions of the EDCIP pilot, including inmate urinalysis testing and tracking the results for the implemented Mandatory Random Urinalysis Program (MRUP). Pursuant to the California Code of Regulation, Title 15, Subsection 3315(f)(5)(J)(2), an inmate who receives a second drug or alcohol related Rules Violation Reports shall be referred to a Substance Use Disorder Treatment (SUDT) program.

Analysis of Problem

The Drug Interdiction Correctional Officers also operate ion scanners, log and track data associated with the establishment of the EDCIP, and assist in the investigations of smuggled contraband and drugs.

Two ion scanners are placed at each institution identified as a moderate level institution. Ion scanners are non-invasive devices that are used to randomly test for a wide range of narcotics in seconds, detecting their presence on hands, articles of clothing, mail, and other objects. Ion scanners are used to search inmates, visitors, volunteers, contract employees, packages, mail, and personal property brought onto institution grounds.

The three institutions identified as intensive level institutions include the following: one additional canine team (with the exception of Calipatria State Prison), one additional ion scanner, one low dose full body x-ray machine, and video cameras to surveil inmate visiting rooms.

The low dose full body x-ray machine allows for the detection of all types of hidden contraband on or within an inmate. This machine is able to detect materials such as drugs, copper wires, and plastics. Calipatria State Prison and California State Prison, Los Angeles implemented baggage/parcel scanners at their front entrances to use at a minimum of once per week to search staff, contracted employees, and volunteers. These devices are also used on the weekends while processing inmate visitors.

Baggage/parcel scanners (x-ray machines) are also employed at entrances, mailrooms, and receiving and release areas, which has enhanced the searching of all inmate items received. Often, inmates with work assignments outside the secure perimeter have access to areas where contraband is placed by illegal means (contraband drop) and inmates will attempt to smuggle the contraband in through the secure perimeter. Additionally, inmates will attempt to smuggle contraband in their property when transported from institution to institution or family members/civilians will attempt to send contraband through specialty packages.

EDCIP also includes a Headquarters staffing component for oversight and monitoring. This component includes the following classifications: Correctional Captain, Statewide Canine Coordinator (Lieutenant), Associate Governmental Program Analyst (AGPA), and Research Program Specialist II.

CDCR contracted with the University of California, Berkeley and fellows from the Public Policy Institute of California to perform a data analysis study regarding the effectiveness of the EDCIP. The final report revealed a reduction in drug use (indicated by failed random urinalysis tests) and Rules Violation Reports for cell phone possession at the intensive level institutions. By comparison, the moderate level institutions displayed no statistically significant changes or improvements.

C. State Level Considerations

Cn June 20, 2014, Chapter 26, Statutes of 2014 (AB 1468) was chaptered and Penal Code section 6402 was added requiring CDCR to develop policies related to CDCR's contraband interdiction efforts for individuals entering detention facilities under the jurisdiction of CDCR. On June 24, 2015, Chapter 26, Statutes of 2015 (SB 85) was chaptered and Penal Code section 6402 was amended requiring CDCR to inform visitors of further potential search or visitation options and to consider the use of full body scanners. The bill further required CDCR, after two years of implementation of the policies created pursuant to the bill, to conduct an evaluation of the policy. On June 27, 2016, Chapter 33, Statutes of 2016 (SB 843) was chaptered and Penal Code section 6402 was amended, directing CDCR to develop policies related to CDCR's contraband interdiction efforts and also provide an interim final report to the Legislature on April 30, 2017.

CDCR amended the following sections of the California Code of Regulations, title 15, to comply with changes Penal Code section 6402: Section 3000, Definitions; Section 3173.2, Searches and Inspections; Section 3287, Cell, Property, and Body Inspections; Section 3290, Methods for Testing of Controlled Substances or for Use of Alcohol; Section 3315, Serious Rule Violations; Section 3410.1, Searches of Employees, Contractors, and Volunteers for Contraband and Illegal Drugs; and Section

Analysis of Problem

3410.2, Passive Alert Canine Searches of Employees, Contractors, Attorneys, and Volunteers. In addition, CDCR amended the following Department Operations Manual sections: Section 52050.27 Canine Unit; and Section 52050 and Electronic Drug Detection Equipment.

CDCR is responsible for preparing an offender for release back to the community to be a productive member of society. The aim of this request is to reduce crimes, victimization, and is in the interest of public safety. These efforts are consistent with the objectives of CDCR's plan, "The Future of California Corrections: A Blueprint to Save Billions of Dollars, End Federal Oversight, and Improve the Prison System." Enabling inmates to participate in rehabilitative programming requires an environment conducive to promoting change. Illegal contraband within the institutions interferes with that environment.

Justification

Managing contraband within the institutions will have the direct effect of reducing violence, injuries, gang influence, modified programs, and lockdowns. An increased focus on contraband detection and interdiction will result in a more stable institutional environment which prepares the offender to become a successful member of society upon release. Drug trafficking causes an increase in assaults, power struggles within the inmate population, establishment of an underground economy, staff corruption, and an inability for inmates to benefit from treatment programming. Drug trafficking challenges the credibility of the correctional mission.

The EDCIP pilot funding will end on June 30, 2017, which will revert CDCR back to 28 canine teams statewide. Minimizing the canine program threatens CDCR's ability to perform its role in public safety by providing an environment conducive to the safety and security of inmates, staff, and the public. Therefore, CDCR has elected to pursue the ongoing expansion of the canine program to take aggressive and positive steps against contraband in the institutions.

Canine teams are an integral part of CDCR's interdiction strategies. Canines specialize in detecting specific types of contraband, such as cell phones and drugs. Canines that are trained to detect drugs may also be hand-selected to become air scan trained to detect the odor of drugs on the inmate's person. Canines routinely search for contraband drops in housing units, classrooms, offices, buildings, primary entrance points, sally ports, and the institution perimeter.

A controlled drop is defined as a cell search, yard search, or mail discovery where a name can be tied to the discovery. An uncontrolled contraband drop is defined as contraband typically discovered in a common area and not under an individual's direct control, thereby making it difficult to associate the find with a specific individual. This is typically contraband thrown over a fence into the Recycling and Salvage Program area. Minimum Support Facility, or dropped in an area where inmate workers perform daily duties outside of the secured perimeter. These items are found in many different facets, such as tennis balls, duffel bags, basketballs, and drone drops.

The below table represents the number of controlled and uncontrolled canine team drop discoveries reported.

Controlled and Uncontrolled Drop Discovery Incidents

Fiscal Year EDCIP Pilot Institutions (11) Non-Pilot Institutions (24) 2014-15 45 92 2015-16 54 123 2016-17* 108 120 *Annualized based on actual data collected from July 2016 to February 2017.

Additionally, CDCR has ten canine teams trained to perform air scans. Air Scans allow canine teams to walk by a line of inmates and identify drugs on their person by sitting and staring at the inmate which the canine believes has the presence/odor of drugs. Once the inmate is identified, they are placed in restraints and escorted to another area in which an unclothed body search is conducted by staff and a

Analysis of Problem

urinalysis sample is obtained. If contraband is not discovered, staff may request to place the inmate on Contraband Surveillance Watch and obtain a urinalysis sample.

The success of canine teams during the pilot program support their use and expansion as an interdiction and detection strategy for all 35 institutions. Expanding the canine teams will allow all institutions to conduct routine checks in areas such as yards, mailrooms, education areas, and sally ports, rather than requiring an institution to schedule a search operation in advance. If the Investigative Services Unit at an institution receives a tip regarding an inmate with contraband in their cell, a canine can be readily available to search the suspected cell.

CDCR determined there is a need for a minimum of two canine teams per institution due to the size and design of institutions. Canines can search up to four hours per day; therefore, two canines allows the search to cover more ground and multiple areas (housing units, mailroom, warehouses, yards, education areas, sally ports, etc.). Furthermore, there are instances when handlers are absent from their post due to vacation or illness; having two canine teams per institution will assist with these absences. This request also includes four canines per year due to attrition.

To oversee the statewide CDCR canine program, CDCR is also requesting a Correctional Lieutenant position, which is consistent with the current oversight.

E. Outcomes and Accountability

The EDCIP pilot funding will end on June 30, 2017, which will revert CDCR back to 28 canine teams statewide. Ongoing funding and position resources are needed to continue and expand the canine program to all institutions.

Contraband in the prisons leads to multiple consequences. Inmates use contraband cell phones to commit criminal activities both inside and outside of the prison. Drug trafficking leads to staff and visitors being compromised through inmate pressures and also lead to inmate drug overdoses. The loss of canine teams could result in increased criminal activity, victimization within the community, and hostilities between the inmate populations as they strive to take over the underground economy interference with an environment conducive to rehabilitation.

F. Analysis of All Feasible Alternatives

Alternative 1

Approve $6,723 million GF and 43.0 positions in 2017-18 and $5,936 million GF and 43.0 positions beginning in 2018-19 to expand the Drug and Contraband Interdiction Program canine teams statewide.

• 1.0 Statewide Canine Coordinator (Lieutenant) - Headquarters • 42.0 Canine Correctional Officers • 21 Canines to include the equipment complement for each canine team • 4 Canines per year for attrition/replacement

Pros: • Decreases violence, modified programs, and disciplinary actions • Provides the resources necessary for CDCR to take a proactive approach to reduce drugs and

contraband entering the institutions, which promotes a safer environment that is more conducive to rehabilitation

Cons: Potential negative reaction to increased canine searches from inmates, visitors, staff, and contracted employees Requests GF augmentation

Analysis of Problem

Alternative 2

Approve $3.1 million GF and 22.0 positions in 2017-18, $6.7 million GF and 43.0 positions in 2018-19, and $5.9 million GF and 43.0 positions beginning in 2019-20 to establish positions and funding authority for a two-year rollout starting 2017-18, and implement 21 new canine teams at to-be-determined institutions each fiscal year.

• 1.0 Statewide Canine Coordinator (Lieutenant) - Headquarters • 42.0 Canine Correctional Officers • 21 Canines to include the equipment complement for each canine team • 4 Canines per year for attrition/replacement

Pros: • Decreases violence, modified programs, and disciplinary actions • Provides the resources necessary for CDCR to take a proactive approach to reduce drugs and

contraband entering the institutions, which promotes a safer environment that is more conducive to rehabilitation

Cons: • Potential negative reaction to increased canine searches from inmates, visitors, staff, and

contracted employees • Requests GF augmentation • Will delay implementation of a statewide canine strategy, allowing drugs to continue to enter the

institution until the strategy is fully implemented after two years

Alternative 3

Approve $2.1 million GF and 15.0 positions in 2017-18, $4.3 million GF and 29.0 positions in 2018-19, $6.7 million GF and 43.0 positions in 2019-20, and $5.9 million GF and 43.0 positions beginning in 2020-21 to establish positions and funding authority for a three-year rollout starting 2017-18, and implement 14 new canine teams at to-be-determined institutions each fiscal year.

• 1.0 Statewide Canine Coordinator (Lieutenant) - Headquarters • 42.0 Canine Correctional Officers • 21 Canines to include the equipment complement for each canine team • 4 Canines per year for attrition/replacement

Pros: • Decreases violence, modified programs, and disciplinary actions • Provides the resources necessary for CDCR to take a proactive approach to reduce drugs and

contraband entering the institutions, which promotes a safer environment that is more conducive to rehabilitation

Cons: • Potential negative reaction to increased canine searches from inmates, visitors, staff, and

contracted employees • Requests GF augmentation • Will delay implementation of a statewide canine strategy, allowing drugs to continue to enter the

institution until the strategy is fully implemented after three years

Implementation Plan

CDCR will begin recruitment and hiring of Canine Correctional Officers upon legislative approval. Canine academies consisting of seven-week/280-hour courses of instruction will begin upon approval and continue with one academy every three months until all canine units are trained and certified for deployment throughout the institutions. The Division of Adult Institutions will work with the Office of Business Services to establish a procedure for procuring and equipping vehicles for the newly established canine teams.

Analysis of Problem

H. Supplemental Information

N/A

I. Recommendation

CDCR recommends approval of Alternative 1 which provides $6,723 million GF and 43.0 positions in 2017-18 and $5,936 million GF and 43.0 positions beginning in 2018-19 to expand the Drug and Contraband Interdiction Program canine teams statewide.

BCP Fiscal Detail Sheet BCP Title: DAI Enhanced Drug and Contraband Interdiction Program

Budget Request Summary

BR Name: 5225-407-BCP-2017-MR

Personal Services Positions - Permanent

Total Positions

Salaries and Wages Earnings - Permanent

Total Salaries and Wages

Total Staff Benefits Total Personal Services

Operating Expenses and Equipment 5301 - General Expense 5302 - Printing 5304 - Communications 5306 - Postage 5320 - Travel: In-State 5322 - Training 5340 - Consulting and Professional Services -

Interdepartmental 5368 - Non-Capital Asset Purchases -

Equipment 539X - Other

Total Operating Expenses and Equipment

Total Budget Request

Fund Summary Fund Source - State Operations

0001 - General Fund Total State Operations Expenditures

Total All Funds

Program Summary Program Funding 4530010 - General Security

FY17 CY BY BY+1 BY+2 BY+3 BY+4

0.0 43.0 43.0 43.0 43.0 43.0

0.0 43.0 43.0 43.0 43.0 43.0

0 3,431 3,431 3,431 3,431 3,431 $0 $3,431 $3,431 $3,431 $3,431 $3,431

0 2,194 2,194 2,194 2,194 2,194

$0 $5,625 $5,625 $5,625 $5,625 $5,625

0 98 98 98 98 98 0 10 10 10 10 10 0 12 12 12 12 12 0 5 5 5 5 5 0 11 11 11 11 11 0 7 7 7 7 7

0 4 4 4 4 4

0 488 0 0 0 0

0 463 164 164 164 164 $0 $1,098 $311 $311 $311 $311

$0 $6,723 $5,936 $5,936 $5,936 $5,936

0 6,723 5,936 5,936 5,936 5,936 $0 $6,723 $5,936 $5,936 $5,936 $5,936

$0 $6,723 $5,936 $5,936 $5,936 $5,936

0 6,555 5,768 5,768 5,768 5,768

4550051 - Division of Adult Institutions Total All Programs

0 168 168 168 168 168 $0 $6J23 $5;936 $5,936 $5,936 $5,936

BCP Title: DAI Enhanced Drug and Contraband Interdiction Program BR Name: 5225-407-BCP-2017-MR

Personal Services Details

Salary Information Positions Min Mid Max CY BY BY+1 BY+2 BY+3 BY+4

9656 - Corr Lieut (Eff. 07-01-2017) 0.0 1.0 1.0 1.0 1.0 1.0 9662 - Corr Officer (Eff. 07-01-2017) 0.0 42.0 42.0 42.0 42.0 42.0

VROO - Various (Eff. 07-01-2017) 0.0 0.0 0.0 0.0 0.0 0.0

Total Positions 0.0 43.0 43.0 43.0 43.0 43.0

Salaries and Wages CY BY BY+1 BY+2 BY+3 BY+4

9656 - Corr Lieut (Eff. 07-01-2017) 0 101 101 101 101 101 9662 - Corr Officer (Eff. 07-01-2017) 0 3,222 3,222 3,222 3,222 3,222

VROO - Various (Eff. 07-01-2017) 0 108 108 108 108 108 Total Salaries and Wages $0 $3,431 $3,431 $3,431 $3,431 $3,431

Staff Benefits 5150450 - Medicare Taxation 0 48 48 48 48 48 5150600 - Retirement - General 0 1,394 1,394 1,394 1,394 1,394 5150800 - Workers'Compensation 0 150 150 150 150 150 i-.cnfion Other Post-Employment Benefits 0 43 43 43 43 43 bibuazu - (OPEB) Employer Contributions

0 43 43 43 43 43

5150900 - Staff Benefits - Other 0 559 559 559 559 559 Total Staff Benefits $0 $2,194 $2,194 $2,194 $2,194 $2,194

Total Personal Services $0 $5,625 $5,625 $5,625 $5,625 $5,625