Report to the Joint Select Committee on Corrections October 30, 1997 |
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REPORTTO THE JOINTS ELECTC OMMITTEOEN CORRECTIONS TERRYL . STEWART Director October 30,1997 REPORT TO THE JOINTS ELECTC OMMITTEOEN CORRECTIONS TERRYL . STEWART Director October 30,1997 CONTENTS Introduction ................................................................. 1 Prison Population Trends and Projections ........................................ 2 Population Growth Trend Graph ......................................... 3 Admission and Release Trends Graph ...................................... 4 Trend in Admission by Type Graph ....................................... 5 Population Projection Accuracy Graph ..................................... 6 Prison Population Projections Graph ...................................... 7 PrisonConstruction ........................................................... 8 Private Prison Operations ..................................................... 10 Private Prisons Table .................................................. 1.1 Inmate Education Overview ................................................... 1 2 Inmate Education Budget ..................................................... 1 4 InmateWorkPrograms ...................................................... 15 Work Training Programs Table .......................................... 1 6 Community Betterment Projects Table .................................... 1 8 WorkIncentivePayPlanTable .......................................... 2 3 Arizona Correctional Industries ................................................ 2 9 ACI Owned- and- Operated Enterprises and Activities Table .................. 3 0 ACI Private Sector Labor Contracts ...................................... 3 2 ACI Intergovernmental Agency Agreements ............................... 3 3 ACI Prison Industry Enhancement Program Table .......................... 33 ACI Program Descriptions .............................................. 3 4 MedicalFees ................................................................ 38 Health Need Requests Submitted Table ................................... 3 8 Health Need Requests Revenue Table ..................................... 38 Health Need Requests Revenue Table ..................................... 39 Medical Encounters Table .............................................. 39 Percentage of Medical Encounters ChargedIExempt ......................... 3 9 Orthopedic Costs Table ................................................. 39 CourtFees .................................................................. 40 Calendar Year 1996 Filing Fees Table ..................................... 4 0 UtilityCharges ............................................................. 4.1 Holidaypackages ............................................................ 4 2 Religious Freedom Restoration Act ............................................. 4 3 LegalAccess ............................................................... 4.5 InmateEscapes ............................................................. 4.8 INTRODUCTION The information contained within this report was prepared by the Arizona Department of Corrections ( ADC) for the October 30, 1997 meeting of the Joint Select Committee on Corrections ( JSCC). The JSCC was established by Laws 1994, Chapter 195. Pursuant to A. R. S. 5 41 - 161 0.04, the JSCC is required to receive testimony from the Department of Corrections regarding prison population and other matters relating to prison construction or prison operations. Consistent with the charge of the JSCC, this report contains pertinent information relating to the operation of the Arizona prison system. The document reviews information relating to the following subjects: prison population growth and projections; prison construction schedules; private prisons operations; inmate education; inmate work programs; Arizona Correctional Industries; medical, court and utility fees; legal access; Holiday packages; inmate legal access to the courts; the Religious Freedom Restoration Act; and, inmate escapes. PRISON POPULATION TRENDS AND PROJECTIONS The information below summarizes the trends and projections of the prison population. The graphs on the following pages detail population trends by growth, admissions and releases, population projection accuracy and population projections. Over the period January 1989- September 1997, the Arizona prison population grew by an average of 105 inmates per year. Peak growth in the prison population came during 1994 ( 1 58 per month) and 1995 ( 1 50 per month). Following the 1994- 95 peak, population growth dropped to 86 per month during 1996 and 107 per month during 1997 through September. Over the period January 1994- September 1997, actual population growth matched projected population growth at 127 inmates per month. The drop in population growth from 1995 to 1996 was fed in part by a 2% drop in prison admissions and in part by an increase in releases of short- term offenders under Truth- in- Sentencing. The Department lost 45+ admissions per month with the closing of the Shock Incarceration Program. rn Admissions were back up by 9% during the first nine months of 1997, however, releases have also continued at a higher level. The Department expects reduced growth in releases beginning in mid- to- late 1997. The Department anticipates a significant increase in admissions of juvenile offenders pursuant to Proposition 102lSenate Bill 1446. Proposition 200 is expected to have only a very minor impact on admissions and population, reducing drug possession admissions by 10%. The prison population is growing at the rate of 1 15 per month or 1,380 per year independent of the impact of Propositions 102 and 200. With their impact taken into consideration, the growth rate over the next five fiscal years ( FY 1998 and FY 2002) is expected to jump to 158. The total impact of the two propositions is expected to grow to 1,912 by June 30,2000. The current minors ( juvenile) population in the Department stands at 105. With the impact of Proposition 102lSenate Bill 1446, the minors population is expected to grow to 441 by June 30, 1998; to 1,094 by June 30, 1999; and to 1,269 by June 30,2000. ADMISSION AND RELEASE TRENDS 1989 1990 1991 1992 1993 1994 1995 1996 1997 ( 9 Mos.) Calendar Year v Admissions A Releases TREND IN ADMISSIONS BY TYPE 0 r 1989 1990 1991 1992 1 993 1994 1995 1996 1997 ( 9 Mos.) Calendar Year 7 Regular Court Commitments -- e- Flat- Term Probation Commitments A Release Violators Returned a Shock and Other Admissions POPULATION PROJECTION ACCURACY January 1994 to September 1997 12/ 94- 4195 5/ 95- 9196 10196- 9197 COMPOSITE r--- 1 I 1 Projected Growth I Actual Growth PRISON CONSTRUCTION The following four projects are under construction in the Arizona prison system: 1. The 4,150- bed Arizona State Prison Complex ( ASPC) - Lewis; 2. The 400- tent bed, Level 2, expansion of the North Unit at ASPC- Florence; 3. The 800- bed, Level 4, Dakota Unit at the ASPC- Yuma; and, 4. The security improvements at the ASPC- Perryville. Laws 1995, Chapter 2, First Special Session, appropriated $ 2 million from the corrections fund to the Department of Administration ( DOA) in Fiscal Year 1996 for a master plan, studies, site acquisition costs and site development costs for a new prison facility. The appropriation was authorized for only non- site specific purposes until the new complex was sited by the Arizona Legislature. During its July 1995 meeting, the JSCC recommended a site in Buckeye, Arizona, for the location of the new prison facility. Laws 1996, Chapter 337, sited the facility, appropriated $ 141.1 million over three fiscal years for its design and construction, and identified the level and number of beds to be built. The facility, named the ASPC- Lewis, is to consist of a 350- bed level five minors unit, a 600- bed level three female unit, two 800- bed male level three units and two 800- bed male level four units. The current estimate for the project is $ 162.7 million, $ 19.6 million more than the total appropriated amount. The unexpected cost increase is attributable to an inability to achieve any savings through value engineering because of design efficiency, issues associated with water and the waste water treatment plant, infrastructure modifications for future expansion of the juvenile and female units, and an unfavorable bid climate due to other significant projects including the Bank One Ballpark, the United States Courthouse, and the City of Phoenix Courthouse. The tentative construction schedule provided by the contractor is delineated below First 800- bed level 3 unit First 800- bed level 4 unit Second 800- bed level 3 unit Second 800- bed level 4 unit 350- bed Minors unit 600- bed Female unit July 1998 January 1999 May 1999 September 1999 February 2000 June 2000 The estimated completion date for the 400- bed tent project at the ASPC- Florence, North Unit, is October 1, 1997. The tent slabs have been poured and the tent frames have been erected. The addition of 21 tents had substantial completion as of August 5, 1997. The water, sewer and electric hook- ups are proceeding. The modular building contract has been awarded and its substantial completion is expected within ninety days. The perimeter fence is 95% complete, and only requires completion of the sallyport and gates installed at the construction access opening. The construction schedule for the 800- bed, level 4, Dakota Unit at ASPC- Yuma is as follows: Perimeter Fence Administration/ Kitchen/ Dining First Housing Unit Second Housing Unit Third Housing Unit Forth Housing Unit Lockup and Medical March 5,1997 May 4, 1998 May 4, 1998 June 3, 1 998 July 3, 1998 August 3, 1998 August 20,1998 The Arizona Legislature appropriated $ 4,479,400 to DOA in Fiscal Year 1998 for security improvements at the ASPC- Penyville. $ 2,673,200 was appropriated from the corrections fund, while the remaining monies were reappropriated from the Fiscal Year 1998 ADC operating budget. The legislation reverts any monies remaining from the operating budget share of the appropriation back to the ADC. The entire project was divided into two components. The DOA is responsible for the cell and electronic security improvements, while the ADC is responsible for the control room and unit security improvements. The DOA share of the project includes the following: Replace Cell Locks Replace Electronic Locking System Replace Cell Doors and Frames Install Astragals on Doors Replace Monitoring System Install Food Passes Replace Control Panels The ADC segment of the project is limited to control room improvements and unit security improvements. The specific projects are as follows: Control Rooms Raise Counters Install Escape Hatch Install Slam Lock Install Speak thru Install Pass thru Unit Security Install Pedestrian Gate Install Intercom ( Between Gate and Control Room) Install CJameras to Monitor Unit The construction schedule for the DOA scope of work is summarized below. Notice to Proceed Construction Begins First Building Complete Estimated Completion Date May 19,1997 June 22, 1997 Sept. 9, 1997 March 20, 1997 In regard to the construction schedules for the ADC scope of work, the control room improvements are to be completed by September 9, 1997, while the construction on the unit security improvements is set to begin on September 22, 1997, and be completed by January 5, 1998. PRIVATE PRISON OPERATIONS The information in this section provides a synopsis of the private prisons under contract with the Department. The table on the following page details the activation date, capacity, population and per diem rate of each facility. Marana Community Correctional Treatment Facility The facility is located in Marana, Arizona, operated by the Management and Training Corporation, and incarcerates offenders convicted of Driving- Under- the- Influence @ UI) and general population male and female inmates with substance abuse problems. In addition to work opportunities, programs, academic classes, recreation and religious programs, the inmate schedule revolves around substance abuse treatment. The facility provides a 14- week intensive substance abuse treatment program. The program begins with an initial evaluation and assessment of each inmate. This is followed by 4% hours of group counseling and three hours of life skills classes on a weekly basis. The aftercare program includes three hours of weekly group counseling on a weekly basis and bi-weekly individual counseling. Arizona State Prison ( ASP) - Phoenix West The facility is located in metropolitan Phoenix, operated by Correctional Services Corporation and incarcerates 400 male DUI inmates. In addition to various work opportunities, h a t e s are assigned to academic classes, religious, and recreational programs. The facility provides an intensive substance abuse program, focusing on the many aspects of alcoholism. This program covers the effects of alcohol on the body, addiction, withdrawal and recovery. Inmates are required to participate in the Stage I and I1 programs, which total 36 hours of treatment. Stage I programming consist of 12- Step meetings or an alternative, lectures on chemical dependency and life management, family or couples group counseling, and individual sessions with a therapist. Stage I1 programming provides the natural progression of substance abuse treatment, and includes the 12- Step program or its equivalent and the accompanying counseling programs. ASP- Florence West The facility has been located northwest of the ASPC- Florence and will be operated by Correctional Services Corporation. The facility was activated on October 1, 1997. The institution will incarcerate a total of 600 male prisoners, but two distinctive groups of inmates. ASP- Florence West will be divided into three housing units, one unit will house 200 Return- to- Custody ( RTC) inmates, while the remaining two units will house 200 DUI inmates respectively. RTC inmates are convicted felons who have been returned to the Department awaiting due process hearings for allegedly violating conditions of release imposed by the Board of Executive Clemency or by the Department. v, r- 0 0 m 5: d a $ g z g gs. 5 Z Z Z Z 0 Cl ' n o r - S q a < , " d ' z z 0 0 b a -- 64 - 0 F, 0 I n a a * + $ i. . E a2 Cic ~ j : 2+, 6$ 8 .3 a - c-- h -. -. d 0 . x- C h @ P) u L f c - 2 u a .*" 2 u o Ec 5 s a u g - I' ?-? e 0- + m s 9 ' 3 C ch & e , o- 0 - = g Q, k P) - g . i" 5 . II U ! 2 E: S: *= a Q, C) . i- 5 u Q G ..--- 0 cj ; L * bC) ., zX g CQ 2. 2 - 5 % INMATE EDUCATION OVERVIEW The Department has developed a new Education Plan and is in the first phase of its three- year implementation. This section summarizes the Department's new direction in educational programming. Adult Literacy is the cornerstone of ADC's education program. The Department estimates that 72% of all new commitments will require mandatory remedial education to meet the Arizona standard of an eighth grade equivalency. This estimate is based on the most recent random sampling of 5,760 inmates tested at reception during the 1997 Fiscal Year. Beginning this Fiscal Year the Department has established new incentives for inmates to meet this mandate through the Work Incentive Pay Program ( WIPP). In addition, the Department has completed the placement of a new common core curriculum to standardize educational programming. This common core curriculum allows inmates to encounter the same textbooks and computer- assisted learning materials at all institutions. The Department has an ambitious goal to increase GED completions by 5% per year. Again, the Department will establish work opportunity incentives for inmates to encourage enrollment and completion of the High School Equivalency Diploma. The High School Equivalency will be made mandatory for enrollment in the Vocational Training classes taught by community colleges. In some cases these courses have undergone substantial revisions to prepare inmates for job skills which can be utilized within the prisons and lead to entry-level skills in the workplace upon release. These courses include building maintenance and janitorial maintenance, construction skills, and business/ computer skills. The Department will strive to provide every inmate, who is without a High School Diploma or an Equivalency Diploma, with productive job training and real- world work experience. The Department is focusing training efforts on inmates who show the greatest motivation to reform, and who will be completing their incarceration in the near- term, so they will return to the society as taxpayers and law- abiding citizens. The combination of successful completion of education and acquiring real- world job skills is a critical element in efforts to lower recidivism. The following information provides a current snapshot of inmate daily involvement in educational programs. H 12,403 inmates participating in education programs. H 3,395 inmates participating in the Functional Literacy Program. 3,976 inmates participating in the General Equivalency program. H 2,346 inmate participating in Adult Basic Education. 1,785 inmates participating in Vocational Training. 548 inmates participating in English as a Second Language. 353 inmates participating in Special Education. The following reviews some of the educational achievements of student inmates during Fiscal Year 1997: 779 inmates were awarded General Equivalency Degrees. 468 inmates were awarded vocational certificates numbered, and the average program duration was between eight to twelve months. This duration requires inmates to remain in a status that permitted their continuing attendance and enabling their completion of the program. The Mandatory Literacy Program included 7,496 inmate students. There were 476 inmate students who completed the 300- hour requirement for mandatory literacy but did not meet the sixth grade standard. There were 3,250 inmate students who met or exceeded the sixth grade standard. There were 10,328 inmate enrollments in vocational classes ( there are multiple classes that make up each vocational program and this figure counts each class an inmate enrolled in as a part of the vocational program). There were 3,610 inmate students in the post secondary program. This would include developmental, legal research or vocational support programs required as a part of a vocational program. There were 63 special education inmate students and 6 disabled ( 504) special education inmate students. EDUCATION BUDGET The Department's Fiscal Year 1998 education budget is $ 10,782,500. The budget is allocated for the following programs in the identified amounts. 1. Functional Literacy: Program mandated by statute for eligible inmates who fail to score the equivalent of an eighth grade literacy level on a standardized test. ($ 4,109,600) 2. Adult Basic Education: Complimenting the Functional Literacy Program, this instructional effort is on reading, writing and arithmetic. ($ 862,300) 3. General Equivalency Diploma: Program in place for inmates trying to complete requirements needed to obtain a high school equivalency diploma, and includes GED practice tests and study guides. ($ 1,525,900) 4. Vocationa~ echnical: P rogram aimed at developing useful trades and slulls in inmates, and utilizes relevant textbooks and manuals related to subject matters. ($ 3,460,700) 5. Special Education: Program mandated by federal and state law for inmates under the age of 18 and for inmates with disabilities who are 2 1 or younger. ($ 824,000) It is important to note that there are certain amounts of carryover funds, estimated to be approximately $ 50,000, that have not been reflected in the estimated expenditures. However, these monies are dedicated to the education of the minors incarcerated within the prison system. INMATE WORK PROGRAMS A. R. S. fj 3 1- 25 1 grants the Department the authority to require that each able- bodied prisoner engage in work for not less than 40- hours per week, except that not more than 20- hours per week of participation in an educational, training or treatment program may be substituted for an equivalent number of hours for work. The Department is striving to create a natural programming progression for inmates from education to work. Since many inmates lack the basic educational, vocational and social skills necessary to enhance community integration and economic self- sufficiency, this strategy places greater emphasis on education and allows employment opportunities to serve as the reward, thereby optimizing prisoner participation in educational programs and promoting successful completion. Excluding jobs with Arizona Correctional Industries, the following three types of employment are available to inmates: 1. Work Incentive Pay Programs ( WIPP): The program allows inmates to utilize experience, training and expertise in meaningful employment while supporting their needs. 2. Community Betterment Projects ( CBP): Work that assist local governmental and non-profit organizations in meeting goals, while providing the inmate an opportunity to earn a wage and improve the community. 3. Work Training Programs ( Vocational Training): Instruct the inmate in marketable and employable skills that benefit the prison by providing labor and the inmate by preparing for future employment. The work programs are designed to meet statutory requirements as well as develop employable skills and a work ethic. All three work components provide inmates with the opportunity to earn a wage that may be utilized by the inmates to procure personal sundries and meet other financial needs. However, it must be noted that there are limits on the number of inmates that can work. These limitations include medical or serious mental health needs, lock down status or out to court. Other limits include selected housing assignments such as protective segregation, a death sentence, special management units, reception center, or county jail. The following three tables review the WIPP, CBP and vocational training jobs currently employing inmates. Work Training Programs ( Vocational Training) Institution ASPC- YUMA ASPC - WINSLOW ASPC - DOUGLAS ASPC- FLORENCE ASPC- EYMAN ASPC - SAFFORD Work Training Programs ( Vocational Training) No Vocational Training Building Trades Office Skills Computer Drafting Small Business Building Maintenance Masonry Horticulture Fire Science Janitorial Service Business Skills Computer Graphic Arts Carpentry Masonry Plumbing Concrete Computer Drafting Janitorial Upholstery Building Maintenance Small Business Management No Vocational Training Location N/ A Coronado Unit Coronado Unit Kaibab Unit Kaibab Unit On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site Meadows Unit Meadows Unit Meadows Unit Rynning Unit Cook Unit Cook Unit N/ A Inmates Employed N/ A 16 10 26 14 2 5 22 2 1 27 0 ( New Program) 94 29 5 - 6 13 16 3 8 - 17 13 10 11 13 17 N/ A r Institution ASP - FORT GRANT ASPC- TUCSON ASPC- PHOENIX ASPC- PERRYVILLE Work Training Programs ( Vocational Training) Building Maintenance Sheet Metal Masonry Business Machines Business Tech Computer Application Graphic Arts Vocational Business Electronics Waste Water Management Computer Construction Computer Application TOTAL NUMBER OF INMATES EMPLOYED 742 Location On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site ACW On- Site ACW On- Site On- Site Inmates Employed 32 2 3 3 1 18 26 24 16 4 3 8 24 3 8 2 0 5 Community Betterment Projects Institution ASPC- YUMA ASPC- WINSLOW Navajo Army Depot Crew ASPC- DOUGLAS Forest Service - Fencing, Dam Building, Trail Location City of Yuma City of Yuma State Highway County Community Betterment Projects City of Yuma City Crew/ Court/ ADOT ADOT Navajo County Labor Inmates Employed 49 12 36 8 Institution ASPC- SAFFORD National Guard Armo Graham County Landfill Safe House Safford 11 Community Betterment Projects Safford Public Works Graham County Fairgrounds Eastern Arizona College Clifton Town Crew Greenlee County Pima Town Crew Thatcher Town Crew Duncan Schools Sacred Heart Cemetery Greenlee County Landfill Duncan Cemetery Location Safford Safford Thatcher Clifton Clifton Pima Thatcher Duncan Morenci Clifton Duncan Inmates Employed 16 10 9 17 12 12 9 12 11 11 11 Institution ASP - FORT GRANT ASPC- TUCSON ASPC- PHOENIX Community Betterment Projects Wilcox Public Works ADOT BLM ADOT Graffiti Abatement Museum Fence Weavers Town of Winkleman ADOT Forest Service Gila County Landfill epartment of Health Location Wilcox Safford/ Wilcox Safford Off- Site Off- Site Off- Site Winkleman Globe Roosevelt Globe ASPC- PERRYVILLE Inmates Employed 13 24 12 8 6 10 9 13 13 20 4 Motor Vehicle Division Office of Tourism Motor Vehicle Division ADOT Phoenix Phoenix On- Site Highways 7 4 42 27 Inmates Employed 20 3 2 8 7 3 1 1,389 Location County County Buckeye Surprise Highways Institution ASPC- PERRYVILLE TOTAL NUMBER OF INMATES EMPLOYED Community Betterment Projects University of Arizona Farms Maricopa Flood Control District City of Buckeye City of Surprise ADOT WIPP Carpenters Clerks Construction Crew General Labor Crew Heavy Equipment Operator On- Site On- Site On- Site On- Site On- Site 7 32 15 102 4 Inmates Employed 15 1 40 23 23 165 30 4 23 7 3 00 Location On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site Institution ASPC- WINSLOW ASPC- DOUGLAS WIPP Kitchen Workers Laundry Workers Motor Pool Painters Porters Recreation Workers Shoe Shiners Warehouse & Inmate Store Welders Yard Landscapers Institution ASPC- DOUGLAS ASPC- FLORENCE WIPP WarehouseIInrnate Store Workers Welders Special Projects Kitchen Workers ASPC- EYMAN Location On- Site On- Site On- Site On- Site Inmates Employed 2 8 6 68 3 76 - Education Aides Clerks Porters Barbers Recreation Aides Store Workers General Labors On- Site On- Site On- Site On- Site On- Site On- Site On- Site 6 1 54 272 15 46 16 46 1 Institution ASPC- EYMAN ASPC - SAFFORD Location On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site WIPP Maintenance Kitchen Worker Janitors Laundry Concrete Crew Maintenance Concrete Crew Laundry Workers Fire Crew Motor Pool 1 Inmates Employed 72 500 5 5 0 2 156 55 2 7 11 ASP - FORT GRANT Recreation Education Aides Painters Clerks Porters Farmer Workers Barbers On- Site On- Site On- Site On- Site On- Site On- Site On- Site 26 18 3 15 3 3 15 7 INSTITUTION ASP - FORT GRANT ASPC- TUCSON Location On- Site On- Site On- Site On- Site WIPP General Labors Education Aides Maintenance Janitors Inmates Employed 125 2 1 4 1 5 4 Inmates INSTITUTION WIPP Location Employed ASPC- TUCSON Stable Workers On- Site 4 ASPC- PHOENIX Education Clerks On- Site 15 Clerks On- Site 7 8 Maintenance Workers On- Site 56 Kitchen Workers On- Site 223 Maintenance Workers On- Site 26 Laundry Workers On- Site 5 1 General Labors On- Site 1000 Porters On- Site 186 Recreation Workers On- Site 2 8 Motor Pool On- Site 22 TOTAL NUMBER OF INMATES EMPLOYED 13,025 ARIZONA CORRECTIONAL INDUSTRIES Arizona Correctional Industries ( ACI) is often referred to as the Division of the Department with responsibility for inmate work programs; however this may be somewhat misleading. While on any given day the vast majority of workable prisoners in Arizona are employed, most do not work in ACI jobs. Instead the majority of work opportunities are those reviewed in the previous section of this report, specifically, they are WIPP, CBP and vocational training jobs. Only a small percentage of the workable inmate population are engaged in Arizona Correctional Industries work programs. ACI is legislatively mandated to operate in a fiscally self- sufficient manner without any appropriated funding. In essence, this mandate requires ACI to operate in the highly- regulated and structured environment as state agency, but perform like a private sector business. ACI generates its revenues through the sale of inmate produced goods and services which pay all operational costs, including salaries of staff and inmates, plus all other expenses associated with its operations including the resources necessary for development and expansion. ACI work programs represent highly sought- after jobs in the Department which most closely reflect the kinds of employment opportunities found in the community. More specifically, ACI's enterprises and activities provide inmates with an opportunity to learn and practice good basic work habits and acquire job- specific skills that will best prepare them for release. Many of these programs also enable participating inmates to take fiscal responsibility for their actions by requiring them to contribute to the cost of their incarceration andlor contribute to family support and victim compensation. The information contained on the following pages provides an " at a glance" overview of existing Arizona Correctional Industries work programs statewide and is organized into four sections which represent the following categories of ACI work programs: ( 1) ACI Owned- and- Operated Enterprises and Work Programs; ( 2) ACIIPrivate Sector Labor Contracts for Inmate Labor; ( 3) Intergovernmental Agency Agreements between ACI and other State Agencies; and, ( 4) Federally Certified Prison Industry Enhancement Work Programs. Each section identifies and provides a brief description individual work programs or enterprises, indicates where the program is or the institutional source of inmate workers, and the monthly average number of inmate workers engaged in the activity over the past 12 months. ACI OWNED- AND- OPERATED Enterprise or Work Program IdentificationLDescription ACI Central Business Office Operations. See description at Item 1 - 1 ACI Materials Management Center Operations. See description at Item 1- 2 I Coupon Processing Center. See description at Item 1- 3 Data Processing Center. See description at Item 1- 4 Graphic Arts Division. See description at Item 1- 5 Copy Service. See description at Item 1- 6 Bedding Division. See description at Item 1- 7 License Plate Division. See description at Item 1- 8 Metal Fabrication Division. See description at Item 1- 9 Tucson Sewing Division. See des-cription at Item 1- 10 Douglas Sewing Division. See des-cription at Item 1 - 1 1 Sign Division. See Description at Item 1- 12 Wood and Metal Refurbishing Division. See description at Item 1- 13 Agri- Business Division. See des-cription at Item 1 - 14 Installation Support Services. See description at Item 1 - 15 Furniture Division. See descrip-tion at Item 1 - 16 ENTERPRISES AS OF AUGUST 1997 Location of Enterprise or Work Program 19 18 W. Van Buren, Phoenix Arizona State Prison Complex Florence Arizona State Prison Complex Winslow Arizona State Prison Complex Penyville - Santa Maria Unit Arizona State Prison Complex Penyville - Santa 1645 W. Jefferson, Phoenix Arizona State Prison Complex Florence Arizona State Prison Complex Florence Arizona State Prison Complex Florence Arizona State Prison Complex Tucson Arizona State Prison Complex Douglas Arizona State Prison Complex Tucson Arizona State Prison Complex Florence Arizona State Prison Complex Florence Arizona State Prison Complex Florence Arizona State Prison Complex Eyman - Rynning Unit AND ACTIVITIES Average Number of Inmates Employed Monthly during the past 12 months 15 3 0 67 86 77 4 18 3 1 79 79 132 23 26 33 6 62 Includes ACI Industrial Yard Maintenance Crew. 3 1 ACI OWNED- AND- OPERATED ENTERPRISES AND ACTIVITIES AS OF AUGUST 1997 Average Number of Inmates Employed Monthly during the past 12 months 32 2 115 3 0 947 Enterprise or Work Program Identification/ Description Upholstery Division. See descrip-tion at Item 1- 17 Retail Outlet Store. See descrip-tion at Item 1 - 18 Bakery Division. See description at Item 1- 19 ACI Region Operations ( Central & Southern Regions). See descrip-tion at Item 1- 20' Location of Enterprise or Work Program Arizona State Prison Complex Eyman - Rynning Unit Arizona State Prison Complex Florence Arizona State Prison Complex Eyman - Meadows Unit Arizona State Prison Complex Florence TOTAL NUMBER OF INMATES EMPLOYED 3~ enoteSse asonal Inmate Labor Contract. Average number of inmates worked is calculated on the basis of the total number of inmates worked divided by the number of months of operations during the year. Most seasonal contracts are for a period of several months during the year. ACI PRIVATE SECTOR LABOR CONTRACTS Identification/ Description of Labor Contract Hickman's Egg Ranch. See description at Item 2- 1 Dixon Farms. See description at Item 2- 2' Waddell Farms. See description at Item 2- 33 Pegasus Research Group, Inc., dba TELEVERDE. See description at Item 2- 4 0 Bar 0 Ranch. See description at Item 2- 5 Jerald A. Barney Farms. See des-cription at Item 2- 6= SODEXHO. See description at Item 2- 7 CDC Farms. See description at Item 2- S3 Greater Auto Auction of Phoenix. See description at Item 2- 9 Belloc's Farms. See description at Item 2- 1 O3 White Mountain Farms. See des-cription at Item 2- 1 l3 TOTAL NUMBER OF INMATES AS OF AUGUST 1997 Institutional Source of Inmate Labor Arizona State Prison Complex Perryville - San Pedro Unit Arizona State Prison Complex Florence - North Unit Arizona State Prison Complex Perryville - San Pedro Unit Arizona State Prison Complex Phoenix - Arizona Center for Women ( ACW) Arizona State Prison Ft. Grant Arizona State Prison Complex Safford Arizona State Prison Complex Phoenix - ACW Arizona State Prison Complex Safford Arizona State Prison - Phoenix West [ Private Prison] Arizona State Prison Complex Florence - Picacho Unit Arizona State Prison Complex Winslow - Apache Unit EMPLOYED Average Number of Inmates Employed Monthly during the past 12 months 66 5 0 Inactive during the past 12 months 3 0 Inactive during the past 12 months 3 6 6 3 2 22 38 20 300 ACI INTERGOVERNMENTAL AGENCY AGREEMENTS ( IGA) Identification/ Description of Intergovernmental Agency Agreement for services or work program Data Entry Services for ADOT-MVD. See description at Item 3- 1 Refurbishment of Highway Signs for ADOT. See description at Item 3- 2 Printing - ADOE. See description at Item 3- 3 Data Fulfillment - ADEQ. See description at Item 3- 4 MVD Call- In Center - ADOT. See description at Item 3- 5 MVD Call- In Center - ADOT. See description at Item 3- 6 City of Phoenix. See description at Item 3- 7 ACI PRISON INDUSTRY ENHANCEMENT PROGRAMS AS OF AUGUST 1997 AS OF AUGUST 1997 Location of Service or Work Program Arizona State Prison Complex Perryville - Santa Maria Unit Arizona State Prison Complex Tucson Arizona State Prison Complex Perryville Arizona State Prison Complex Perryville Arizona State Prison Complex Perryville, San Juan Unit Arizona State Prison Complex Perryville, Santa Maria Unit Arizona State Prison Complex Perryville - San Pedro Unit Average number of inmates Employed Monthly during the past 12 months 2 5 9 8 42 Identification/ Description of PIE Work Program Worldwyn Acceptance Company. See description at Item 4- 1 Natures Partner. See description at Item 4- 2 W. L. Gore. See description at Item 4- 3 Average Number of Inmates Employed Monthly during the past 12 months [ Programs Only] NA - Service Contract NA - Service Contract NA - Service Contract NA - Service Contract 2 5 23 12 TOTAL NUMBER OF INMATES EMPLOYED 1 Location of Work Program Arizona State Prison Complex Perryville - Santa Cruz Unit Arizona State Prison Complex Eyman - Cook Unit Arizona State Prison Complex Winslow - Kaibab Unit 60 TOTAL NUMBER OF INMATES EMPLOYED ACI PROGRAM DESCRIPTIONS ACI Central Office Operations: Structured along traditional lines of private industry, ACI functions with three ( 3) operating bureaus: a Finance and Accounting Bureau; a Marketing and Sales Bureau; and, an Operations Bureau. Inmate labor is used throughout ACI's Central Office to perform a wide variety of the entry- level clerical duties attendant to the overall operations of ACI. ACI Materials Management Center: ACI's Material Management Center consists of a complex of large warehouse facilities and a transportation unit. With resources located at the Arizona State Prison in Florence and the metropolitan area of Phoenix, the Management Center employs inmates in a variety of jobs involving the receipt and delivery of raw materials and finished goods. Coupon Processing Center: This correctional industry operation provides services that have traditionally moved and operated outside the United States. The Coupon Processing Center is representative of an effort by ACI to repatriate a service industry dedicated to processing coupons for U. S. Coupon Clearing Houses. Inmates are utilized in the operation to sort coupons, input data in computers and package coupons for distribution after processing. Data Processing Center: This is an ACI service industry designed to provide computer data entry and fulfillment services. Inmates are employed in the operation as computer operators. Graphic Arts Division: This ACI industry is a full- service printing operation. Inmate jobs include all those positions normally associated with and found in a sophisticated printing operation. Copy Service: The ACI Copy Service is a convenience copy center located within the Capitol Mall Complex. Inmates perform photocopying duties in the operation which is dedicated to supporting the Arizona Department of Corrections and other state agencies. Bedding Division: This is an ACI manufacturing operation dedicated to the producing an assortment of bedding products for the Department of Corrections as well as other state and governmental agencies. Inmates perform all functions associated with manufacturing a variety of different kinds of mattresses, pillows and other associated products. License Plate Division: The ACI License Plate Division produces, warehouses and distributes Arizona State license plates for the Motor Vehicle Division of the Arizona Department of Transportation. The division also manufactures an assortment of other types of license plates. Inmates are engaged in all aspects of this light metal manufacturing operation. Metal Fabrication Division: The Metal Fabrication Division of ACI is a manufacturing industry dedicated to producing detention furniture and a substantial number of other metal products for the Arizona Department of Corrections, other state agencies and customers. Inmates are utilized in all aspects of the operation. Tucson Sewing Division: Located in the Arizona Prison Complex at Tucson, this is a garment manufacturing operation dedicated to light- weight sewing. Inmate workers are trained and employed throughout the operation in the manufacturing of linens and light-weight clothing articles. Douglas Sewing Division: Located in the Arizona State Prison Complex at Douglas, this is a full- line garment manufacturing operation. Inmates are trained and engaged in manufacturing a large variety of different clothing articles ranging in degree of production difficulty. Sign Division: Inmates are trained and employed in this ACI manufacturing operation to produce a full assortment of signs and engraved items from plaques to regulatory signs and decals for emergency vehicles. Wood and Metal Refurbishing Division: This ACI operation provides wood and metal refurbishing services to ACI customers as an economic alternative to purchasing new. Inmates are trained and employed in all aspects of the operation. Agri- Business Division: ACI operates a year- round farm consisting of approximately 1,000 acres located in the Florence, Arizona area. Inmate labor is used exclusively for all operations of the farm including the operation of all farm equipment. Installation Support Services: Comprised of two Support Services Units, this operation of ACI is provides for the installation of furniture, millwork and modular office systems produced in other ACI operations. Inmates are trained, employed and supervised by ACI staff in all functions of the services provided by this ACI operation. Furniture Division: The ACI Furniture Division manufactures a full line of wood products including furniture, millwork, specialized cabinetry and modular office systems. Inmates receive training and an opportunity to work in all functional areas of the operation. Upholstery Division: Inmates assigned to the Upholstery Division are provided training and experience in manufacturing new products as well refurbishing used products. Retail Outlet Store: The ACI Retail Outlet provides inmates with a means of selling hand-crafted items they produced while incarcerated. The store also provides an outlet to the public for certain items produced in correctional industry operations. Bakery Division: The ACI Bakery produces and delivers all bakery goods used by the Department of Corrections. Inmates are trained and work in all aspects of the food service manufacturing operation. ACI Region Operations: Inmates employed in ACI Region Operations provide administrative and maintenance support for all ACI operations statewide. Inmates are engaged in ACI operations within their institutions and will receive training dependent upon their specific duties. Work assignments and training include equipment maintenance and repair as well as specialized training and jobs in the building trades ( electrician and plumbing). Hickman's Egg Ranch: This is a year- round work program. Inmates are the labor force utilized to support Hickman's egg operation, feed mill, and feed lot operations ( hogs and beef cattle). Dixon Farms: This is a seasonal work program. Inmate labor supports Dixon Farm's agricultural operation, i. e., harvesting water melons and thinning weeds in fields. Waddell Farms: This is a seasonal work program. Inmate labor supports Waddell Farm's agricultural operation, i. e., picking crops, thinning weeds and as general field labor. Pegasus Research Group, Inc., dba TELEVERDE: This is a year- round work program. Inmates perform tasks that support Televerde's telemarketing business operation. 0 Bar 0 Ranch: This is a seasonal work program. Inmates are used to sort, brand and work cattle on this ranch operation. Jerald A. Barney Farms: This is a seasonal work program. Inmates support Barney Farms agricultural operation by performing work relative to harvesting crops, i. e., cotton, water melons, cantaloupes, pumpkins, and chilies. Sodexho USA, Inc.: This is a year- round work program. Inmates support Sodexho7s hospital services by performing a variety of clerical functions. CDC Farms: This is a seasonal work program. Inmate labor is utilized to support CDC Farm's agricultural operations, i. e., harvesting chili peppers. Greater Auto Auction of Phoenix: This is a year- round work program. Inmates perform work related to automotive detailing, i. e., interiorlexterior car cleaning and reconditioning. Belloc's Farms, Inc.: Belloc Farms has contracted inmate labor on a permanent and temporary ( seasonal) basis. In both cases inmates perform work to support Belloc's agricultural operations. Work performed includes general farm labor, thinning weeds and harvesting crops, i. e., water melons and cantaloupes. White Mountain Farms: This is a seasonal work program. Inmate labor is utilized to support White Mountain Farms agricultural operations by performing work related to crop harvesting, i. e., potatoes, pumpkins and squash. Data Entry Services for ADOT: This is a service contract. Inmates at ACI perform tasks relative to data entry of minor motor vehicle citations for the Arizona Department of Transportation. 3- 2 Refurbishment of Highway Signs for ADOT: This is a service contract Inmates at ACI perform work relative to refurbishing and recycling highway signs for the Arizona Department of Transportation. 3- 3 Printing - ADOE: This is a service contract. Inmates at ACI perform work relative to printing and packaging of materials as requested by the Arizona Department of Education. 3- 4 Data Fulfillment - ADEQ: This is a service contract. Inmates at ACI perform work relative to assembling information packets for the Arizona Department of Environmental Quality. 3- 5 MVD Call- In Center - ADOT ( ASPC- PV San Juan): This is a year- round work program. Inmate labor is used to support the Arizona Department of Transportation's Motor Vehicle Division Call- In Center. The MVD Call- In Center is a customer service center which processes telephone calls regarding drivers license requirements, vehicle title and registration information and general questions concerning the Motor Vehicle Division. 3- 6 MVD Call- In Center - ADOT ( ASPC- PV Santa Maria): This is a year- round work program. Inmate labor is used to support the Arizona Department of Transportation's Motor Vehicle Division Call- In Center. The MVD Call- In Center is a customer service center which processes telephone calls regarding drivers license requirements, vehicle title and registration information and general questions concerning the Motor Vehicle Division. 3- 7 City of Phoenix: This is a year- round work program. Inmate labor is utilized by the City of Phoenix to separate refuse and process waste products for recycling. 4- 1 Worldwyn Acceptance Company: This is a year- round work program. Inmates perform telemarketing functions for Worldwyn Acceptance Co., a mortgage company dealing in secondary financing. 4- 2 Natures Partner: This is a year- round work program. Inmates are used to perform general labor for Natures Partner in support of their production of simulated natural features made fiom fiberglass reinforced polyester. 4- 3 W. L. Gore and Associates, Inc.: This is a year- round work program. Inmate labor is used to manufacture, assemble, and package W. L. Gore's bicycle cable systems. MEDICAL FEES In response to inmate abuses of the Department's health care delivery system, the Department sought the introduction of legislation to charge inmates for health care. In addition, other benefits of pursuing the legislation included placing a degree of ownership on the inmates for their health care and returning some monies to the state general fund in order to reduce the increasing cost of health care. The Legislature passed Laws 1994, Chapter 332, which amended A. R. S. 3 1- 20 1.0 1 to require the Department to establish by rule, reasonable medical and health services fees not to exceed $ 5, for each inmate- initiated medical visit. The statute allows the Department to charge for prescriptions, medical visits and prosthetic devices. However, the law prohibits the Department from charging a fee for visits or referrals initiated by its own medical or mental health staff. The legislation exempted payment for selected conditions. In a related issue, due to security reasons, orthopedic injuries to inmates and the corresponding escalating health costs, the Department removed weights from the prison system during Fiscal Year 1995. As expected, the removal of weights has significantly decreased the Department's orthopedic costs. The following tables detail the impact of charging inmates for health care. The first table reviews the number of Health Need Request ( HNR) forms submitted by inmates. The second table address the revenue associated with the HNR process. The third table documents the number of inmate encounters with the Department's health care providers in recent years. The last table defines the percentage of encounters charged and exempted. - Health Need Requests Submitted Fiscal Year 1997 1996 1995 Health Need Requests Revenue Fiscal Year 1997 1996 1995 Number of Health Need Requests Submitted 200,083 205,120 129,122 Amount Charges $ 233,001 2 16,828 1 37,667 Average Daily Population 22,245 ( estimated) 22,869 19,678 Amount Collected $ 227,943.5 1 195,259.26 105,733.21 Health Need Requests Per Inmate Per Year 9 9 6.5 Health Need Requests Revenue Medical Encounters The table on the following page reveals the orthopedic cost savings achieved by the Department upon removing the weights from the prison system. Total 528,935.98 Percentage of Encounters ChargedJExempt 587,496 Encounters Per Inmate 15 14.3 11 2 5 30 Fiscal Year 1997 1996 1995 1994 1993 Number of Encounters 333,037 326,99 1 2 16,389 446,850 484,478 Percent Exempted 76.6 77.9 78.8 Fiscal Year 1997 1996 1995 ORTHOPEDIC COSTS Percent Charged 23.4 22.1 21.2 Annual Cost Per Inmate $ 5,803 3,675 3,752 4,584 Ending Population 19,863 21,190 22,697 23,795 Annual Number of Prisoners 210 363 249 143 Fiscal Year 1994 1995 1996 1997 Total Cost $ 1,218,581 1,333,898 934,160 65 5,444 COURT FEES Laws 1994, Chapter 358, requires the judiciary to collect from a prisoner upon the filing of a civil action or proceeding a first time payment of 20% of the actual court costs or fees. Thereafter, the statute requires monthly payments totaling 20% of all deposits into the prisoner's trust account until all fees are paid in fill. The Attorney General's Office advises us that they compared the number of lawsuits filed in the year prior to the effective date of this legislation to the number filed after the effective date, and there was a 35% reduction in the number of lawsuits filed. This reduction is attributed to the legislation. The following table summarizes the filing fees the ADC forwarded to the courts during Calendar Year 1996. Calendar Court Arizona Supreme Court Court of Appeals, Division 1 Court of Appeals, Division 2 Cochise County Superior Court Coconino County Superior Court Gila County Superior Court Graham & Safford Justice Court Maricopa County Superior Court Maricopa County West Phoenix Justice Court Mohave County Superior Court Navajo County Superior Court Pima County Superior Court Pima City Tucson Justice Court 03 Pima City Tucson Justice Court 05 Pinal County Superior Court Yavapai County Superior Court Yuma County Superior Court Total Total Owed $ 21 59.20 1547.18 204.74 1 14.44 32.15 53.40 22.25 8246.20 42.52 163.39 160.16 521.52 0.00 7.50 1,297.9 1 73.05 70.00 $ 14,715.61 Year 1996 Filing Amount Collected $ 2,159.20 1,587.12 204.74 1 14.44 32.15 53.40 22.25 8,293.10 42.52 163.39 160.16 529.47 0.00 7.50 1,298.1 1 73.05 70.00 $ 14,810.60 Fees Refunds $ 0.00 39.94 0.00 0.00 0.00 0.00 0.00 46.90 0.00 0.00 0.00 7.95 0.00 0.00 0.20 0.00 0.00 $ 94.99 UTILITY CHARGES Following the establishment of A. R. S. 5 32- 239, the Department undertook a deliberate approach with regard to the structuring and implementation of utility charges. This included the preliminary development of automation to support utility charging, as well as a policy statement to implement the statutory requirements. The Department began collecting data on all appliances during October 1996. However, at this time the issue of Holiday packages surfaced and the dilemma of whether or not they would be permitted. This issue was resolved with the intervention of the federal courts on behalf of the inmates. As a result, staff attention and focus was directed to handling the Holiday packages and diverted fiom the utility charge issue. Following the Holiday season, there were a variety of automation hurdles to overcome in trying to create a report that would permit easy recovery of the information and debiting of inmate accounts on an automatic basis. In addition, the Department implemented a comprehensive policy restricting inmate telephone activities to only those individuals who cleared a background check via the visitation process. These issues have further delayed the implementation of the utility charges. At present the Department has mastered the automation issues, have forwarded and received feedback on DRAFT policy statements and automation activity fiom the individual complexes. The Department is currently studying the feedback and will implement the utility charging as soon as reasonably possible. HOLIDAY PACKAGES Hook v. State is a 1973 lawsuit that resulted in a consent decree governing the receipt, sending, and processing of inmate mail. One of the provisions of the decree permits each inmate to receive up to three ( 3) twenty- five ( 25) pound food packages ( i. e. up to 75 pounds of food) between December 10 and December 3 1 of each year. The decree contains no provision addressing inmate possession andlor use of hotpots. In October 1992, the Department moved to modify the decree to eliminate the food packages provision. The inmates, in addition to opposing our motion, filed a separate motion seeking to modify the decree to permit them to possess and use hotpots to heat and cook food items received in their holiday food packages. In April 1995, the district court denied the Department's motion and granted the inmates' motion. The Department appealed to the Ninth Circuit Court of Appeals. In October 1996, the Ninth Circuit issued an opinion reversing the district court's denial of the Department's motion and remanding the case to the district court with instructions to eliminate the provision from the decree. The opinion also reversed and vacated the district court's order granting the inmates' motion regarding hotpots. In November 1996, and in response to the Ninth Circuit's opinion, the inmates filed a petition for rehearing asking the Court to reconsider its decision. In July 1997, the Ninth Circuit granted the inmates' petition for rehearing, withdrew the October 1996 opinion, and issued a new opinion. In the new opinion, the district court's denial of the Department's motion was again reversed; but this time, instead of remanding the case to the district court with instructions to eliminate the food packages provision, the case was remanded to allow the district court to determine the appropriate extent, up to and including elimination, to which the provision should be modified to alleviate the Department's security concerns. In his concurring opinion, Judge Beezer reminds the district court that Department officials " are in the best position to determine how the holiday package provision should be modified in order to alleviate security concerns." The new opinion also once again reversed and vacated the district court's order granting the inmates' motion regarding hotpots. The Ninth Circuit's mandate/ July 1997 opinion was filed in the district court on August 19, 1997. On August 20, 1997, the Department filed a motion with the district court asserting that elimination of the food packages provision is the only modification that would appropriately alleviate security concerns, and asking the district court to issue an accelerated ruling to this effect. The inmates have filed their opposition to our motion, and we are currently awaiting a decision by the district court. As the number of adult inmates incarcerated in Arizona prisons has continued to escalate, so have the numbers associated with Holiday food packages. In 1990, the ADC processed 18,281 food packages totaling 157.2 tons at a cost of $ 128,220.84 in staff time. In 1993, 25,995 packages totaling 250.9 tons were processed at a cost of $ 129,03 1.7 1 in staff time. In 1996, 3 7,10 1 packages totaling 403.2 tons were processed at a cost of $ 343,940.59 in staff time. RELIGIOUS FREEDOM RESTORATION ACT ( RFRA) RFRA was enacted by the United States Congress in 1993. Its stated purpose was " to restore the compelling interest test as set forth in Sherbert v. Verner . . . and to guarantee its application in all cases where free exercise of religion is substantially burdened . . .." Accordingly, RFRA prohibited government from substantially burdening a person's exercise of religion unless it could demonstrate that the burden "( 1) [ was] in furtherance of a compelling governmental interest; and ( 2) [ was] the least restrictive means of furthering that compelling governmental interest." Congress rejected an attempt to exclude prisons from RFRA's coverage. RFRA was a direct response to the United States Supreme Court's decision in Employment Division v. Smith, 494 U. S. 872 ( 1990), a case in which free- world members of the Native American Church, whose religious practices included ingesting peyote for sacramental purposes, were denied unemployment benefits when they lost their jobs because they had used peyote in violation of an Oregon statute of general applicability which made the use of peyote criminal. The Smith plaintiffs urged the Supreme Court to decide the case in accordance with the test set forth in Sherbert v. Verner, 374 U. S. 398 ( 1963)' under which the Court would have to determine whether the statute substantially burdened a religious practice and, if so, whether the burden was justified by a compelling governmental interest. The Supreme Court declined to apply the Sherbert test, stating that: [ G] overnment7s ability to enforce generally applicable prohibitions of socially harmful conduct . . . cannot depend on measuring the effects of a governmental action on a religious objector's spiritual development. To make an individual's obligation to obey such a law contingent upon the law's coincidence with his religious beliefs, except where the State's interest is ' compelling' . . . contradicts both constitutional tradition and common sense. Accordingly, the Supreme Court in Smith held that neutral, generally applicable laws which happen to place a burden on religious exercise do not have to be supported by a compelling governmental interest. Prior to the enactment of RFRA, inmate claims of religious infringement by prison policies and practices were decided under the test set forth in the Supreme Court cases of 0 ' Lone v. Shabazz and Turner v. Safley. In essence, this test requires that prison officials show only that the policy or practice in question furthers some legitimate penological interest. Under this test, a number of religious challenges by inmates were defeated prior to RFRA. With the passage of RFRA, some of these previously decided issues were again raised and in the process of being relitigated. For example, prior to RFRA our policy prohibiting inmate beards was upheld against challenges that the policy violated certain religious beliefs and practices. After RFRA, judges in several cases challenging this policy on religious grounds issued temporary injunctions, pending resolution of the case, enjoining the ADC from enforcing the policy against the inmate- plaintiffs. In June 1997, in the case of City of Boerne v. Flores, the Supreme Court held RFRA to be unconstitutional. The Court undertook an analysis of Congress' constitutional powers and concluded that Congress, in enacting RFRA, had violated the separation of powers doctrine. The Court held that while Congress is empowered to enact legislation to remedy or prevent constitutional violations, it does not have the power to determine what constitutes a constitutional violation. The Court noted that RFRA was just such an attempt: RFRA is so out of proportion to a supposed remedial or preventive object that it cannot be understood as responsive to, or designed to prevent, unconstitutional behavior. It appears, instead, to attempt a substantive change in constitutional protections. As a result of the Supreme Court's ruling in the Boerne case, inmate religious claims will again be analyzed under the Turner/ OILone test, and the Department expects that it will be able to successfully defend these religious claims. For example, shortly after the Supreme Court's ruling in Boerne, a case that was moving toward trial under RFRA on the issue of the Department's policy prohibiting the wearing of headbands was dismissed by the trial court. RFRA had little impact upon the manner in which this Department conducted its inmate religious affairs. The Department has always recognized the significance of the inmates' free exercise of their religion, and has sought to insure accommodation of the requirements of the inmates' various faiths to the extent that such accommodation is consistent with sound correctional practices. Because of this approach, there was no need to make significant policy changes after RFRA was enacted. The only change made was to require that RFRA issues be referred to the Department's Administrator of Pastoral Activities. Inmates, however, apparently believed that RFRA should have had a much greater impact. They continually cited RFRA as the reason for making often outrageous religious requests, and then seeking to litigate when these requests were denied. In their view, RFRA would permit such things as co- habitation, inmate- created religions prohibiting work, and religious protection for all monies earned or received by the inmate. Under RFRA, some of these claims were able to survive dismissal by the courts. Just as the enactment of RFRA resulted in no significant policy changes, it is anticipated that the recent Supreme Court decision in Boerne also will not result in any such changes. The Department will continue to consider inmates' requests for religious accommodation in the light of legitimate concerns about the safe, secure, and orderly operation of Arizona's prisons. LEGAL ACCESS Gluth v. Kangas is a 1984 case in which the court, having held that the Department was in violation of the " access to the courts" rights of inmates at the Central Unit in Florence, appointed a special master to recommend the injunctive relief that should be entered to correct the violation. The special master's recommendation was ultimately adopted by the court and set forth in a 20- page Order. Among other things, the Order: Required Extensive Law Libraries; Designated the days and hours of operation of the law library; Required that inmates be permitted a minimum of 10 hours per week in the law library; Required that ADC provide, maintain, and train a " sufficient number" of inmate law clerks, including Spanish speaking, to assist inmates in using the law libraries; Required ADC to provide " at least one full- time professionally trained librarian at each law library with adequate secretarial support"; Required ADC to provide a detailed 60- hour training program for legal assistants; and Required ADC to " minimally [ maintain] a one- to- five ratio of electric typewriters- to- law library capacity" and to cover such typewriters " by a service contract or other professional repair system." In the 1990 case of Casey v. Lewis, inmates sought to expand the Glurh injunction to cover all of Arizona's prison facilities and units. In 1992, following a trial on the issue, the district court judge found against the Department and, having expressed his belief that the appropriate remedy would be to apply the Gluth injunction system wide, appointed the Gluth special master to determine what modifications, if any, to the Gluth injunction were appropriate. Although the injunctive relief recommended by the special master, and ultimately adopted by the district court judge in October 1993, was substantially the same as in Gluth, it additionally required, among other things, Pacific Reporters and Digests, self- help manuals, materials on immigration law, and a recent Arizona Bar Directory be included as a part of every prison law library. On appeal, the Ninth Circuit Court of Appeals affirmed the district court's ruling. The Department's Petition for Writ of Certiorari asking the United States Supreme Court to review the case was granted in June of 1995. Oral argument before the Supreme Court was held in November 1995, and in June 1996 the Court issued its opinion reversing the district court's decision and remanding the case to the district court for further proceedings. Critical findingslholdings made by the Supreme Court are as follows: Any previous court cases " suggest[ ing] that the State must enable the prisoner to discover grievances, and to litigate effectively once in court . . . [ are] now disclaim[ ed]." An inmate's right of access to the courts is violated only if it is shown that the alleged deficiencies of a prison's library facilities or legal assistance program caused " actual injury" to the inmate. An inmate shows " actual injury" if he can " demonstrate that a nonfrivolous legal claim had been frustrated or was being impeded." The two isolated instances of actual injury identified by the district court " were a patently inadequate basis for a conclusion of system wide violation and imposition of system wide relief." The district court injunction was " inordinately - indeed, wildly - intrusive" and " is a model of what should not [ be done]." Inmates are not guaranteed " the wherewithal to transform themselves into litigating engines capable of filing everything from shareholder derivative actions to slip- and- fall claims." They must be provided only those tools needed " to attack their sentences, directly or collaterally, and in order to challenge the conditions of their confiP e ment. Impairment of any other litigating capacity is simply one of the incidental ( and perfectly constitutional) consequences of conviction and incarceration." "[ Tlhe Constitution does not require that prisoners ( literate or illiterate) be able to conduct generalized research, but only that they be able to present their grievances to the courts." " Local experimentation" with respect to assuring inmate access to the courts should be encouraged and the Courts should defer to the decisions of prison administrators. " One such experiment might replace libraries with some minimal access to legal advice and a system of court- provided forms . . . that ask[] the inmates to provide only the facts and not to attempt any legal analysis." The Department, taking the Supreme Court at its word, devised a system that would eliminate the extensive use of law libraries and, instead, would rely on the use of contract paralegals and limited reference materials to assist inmates in preparing factual, plain- English complaints for filing with the courts. The affirmative assistance to be provided under this new system, which went into effective on August 4, 1997, extends only to those actions involving direct appeals from the inmates' criminal conviction, Rule 32 post- conviction relief actions, habeas corpus actions, and $ 1983 civil rights and conditions of confinement cases. For any other type of claim, the inmate is on his or her own and may proceed in the matter pro se or retain an attorney to assist. The old system required the Department to provide extensive law libraries and to pay inmates to serve as law library clerks. This system cost the Department millions of dollars to set- up and over $ 665,000 per year to maintain. Under this system, the Department was providing affirmative assistance to inmates beyond the filing of a complaint - assistance was available to allow inmates to conduct generalized research and to effectively litigate any and all types of legal claims. The Department estimates that the new system, which reduces the space needed to operate the program and streamlines the affirmative assistance to be provided in connection with the inmates' access to the courts rights, will cost approximately $ 513,000 per year. The closing of the law libraries on August 4, 1997 has permitted us to use the space for other activities and, in new prisons, to avoid the cost of the space that had been dedicated to this program. Inmates are now offered assistance from trained paralegals, and have access to limited, but adequate references, such as legal forms and self- help books. The Department is carefully managing and monitoring implementation of the new system. A video tape was produced for use in educating the inmates, staff, and the public about the system. A system wide training program was undertaken, and a presentation about the system was made to a group which included the Presiding Superior Court Judges and at least one Arizona Supreme Court Justice. In addition, each prison unit is required to submit weekly reports about problems encountered and the steps taken to resolve those problems. The inmate requests for paralegal assistance, which are submitted to designated staff, are copied to a Monitor that has been hired specifically to oversee the system to ensure compliance by staff and the paralegal contractors with the policy and paralegal contract. Corrective action is being taken, as needed, to ensure that the system operates consistent with the Supreme Court's decision in Lewis. The old law books and reference materials were offered in an Invitation For Bid and public sale. The Department sent out invitations to 161 vendors who may have had an interest in bidding on some or all of the materials. Unfortunately, the Department received only 5 responses, and all of them indicated they were not submitting a bid. Currently, the Department is considering the various options that may be undertaken, pursuant to the Procurement Rules. At present, the materials are in storage, protected from the elements. It is the Department's intent that their contents be sold by the end of September 1997. The proceeds from books that are sold will be distributed according to the pro rata share as depicted by the historical records that are available. These records reflect that Inmate Activity and Recreation ( A& R) funds were used to purchase less than half of all of the materials ( approximately 47%). Funds received from any sale will be deposited in the A& R account and the balance that were purchased with budgeted state funds ( approximately 53%) will be deposited in the State's General Fund. INMATE ESCAPES The last escape occurred from the private DUI prison. ASP- Phoenix West. on April 28, 1996. The Department has stressed the importance of security in the newly revised Performance Audit System which is used to inspect the Prisons. The table below reviews the escapes from custody since 1980. 4 Year to date inmate population. ESCAPES FROM THE CUSTODY OF THE Calendar Year 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1 9974 ARIZONA DEPARTMENT Escapes 74 109 6 1 7 3 66 64 5 0 40 28 29 12 24 20 12 32 9 14 0 OF CORRECTIONS Ending Population 3,859 4,999 5,991 6,984 7,388 8,623 9,53 1 1 1,275 12,580 13,368 14,313 15,464 16,572 17,968 19,863 21,190 22,697 23,795 Escapes Per 1,000 Inmates 19.2 21.8 10.4 10.5 8.3 7.4 5.3 3.6 2.2 2.2 0.8 1.6 1.2 0.7 1.6 0.4 0.6 0.0
Object Description
TITLE | Report to the Joint Select Committee on Corrections |
CREATOR | Arizona. Dept. of Corrections. |
SUBJECT | Prisons--Arizona; Prisoners--Services for--Arizona; Prisons--Overcrowding--Arizona; |
Browse Topic |
Crime and violence Society and culture |
DESCRIPTION | This title contains one or more publications. |
Language | English |
Contributor | Arizona. Legislature. Joint Select Committee on Corrections. |
Publisher | Arizona. Dept. of Corrections. |
Material Collection |
State Documents Legislative Study Committee Reports |
Source Identifier | COR 1.3:J 54 |
Location | 49681895 |
REPOSITORY | Arizona State Library, Archives and Public Records--Law and Research Library. |
Description
TITLE | Report to the Joint Select Committee on Corrections October 30, 1997 |
DESCRIPTION | 51 pages (PDF version). File size: 2482.928 KB. |
TYPE | Text |
Material Collection |
House Received Reports Legislative Study Committee Reports |
Acquisition Note | Publication or link to publication sent to reports@lib.az.us |
RIGHTS MANAGEMENT | Copyright to this resource is held by the creating agency and is provided here for educational purposes only. It may not be downloaded, reproduced or distributed in any format without written permission of the creating agency. Any attempt to circumvent the access controls placed on this file is a violation of United States and international copyright laws, and is subject to criminal prosecution. |
DATE ORIGINAL | 1997-10-30 |
Time Period |
1990s (1990-1999) |
ORIGINAL FORMAT | Paper |
DIGITAL IDENTIFIER | RMDHOUSE_JSCC_OCT_30_1997.pdf |
DIGITAL FORMAT | PDF (Portable Document Format) |
DIGITIZATION SPECIFICATIONS | Digitized into PDF form through scanning at the Records Management Division, Arizona State Library. |
REPOSITORY | Arizona State Library. Archives and Public Records--Law and Research Library. |
File Size | 2482.928 KB |
Full Text | REPORTTO THE JOINTS ELECTC OMMITTEOEN CORRECTIONS TERRYL . STEWART Director October 30,1997 REPORT TO THE JOINTS ELECTC OMMITTEOEN CORRECTIONS TERRYL . STEWART Director October 30,1997 CONTENTS Introduction ................................................................. 1 Prison Population Trends and Projections ........................................ 2 Population Growth Trend Graph ......................................... 3 Admission and Release Trends Graph ...................................... 4 Trend in Admission by Type Graph ....................................... 5 Population Projection Accuracy Graph ..................................... 6 Prison Population Projections Graph ...................................... 7 PrisonConstruction ........................................................... 8 Private Prison Operations ..................................................... 10 Private Prisons Table .................................................. 1.1 Inmate Education Overview ................................................... 1 2 Inmate Education Budget ..................................................... 1 4 InmateWorkPrograms ...................................................... 15 Work Training Programs Table .......................................... 1 6 Community Betterment Projects Table .................................... 1 8 WorkIncentivePayPlanTable .......................................... 2 3 Arizona Correctional Industries ................................................ 2 9 ACI Owned- and- Operated Enterprises and Activities Table .................. 3 0 ACI Private Sector Labor Contracts ...................................... 3 2 ACI Intergovernmental Agency Agreements ............................... 3 3 ACI Prison Industry Enhancement Program Table .......................... 33 ACI Program Descriptions .............................................. 3 4 MedicalFees ................................................................ 38 Health Need Requests Submitted Table ................................... 3 8 Health Need Requests Revenue Table ..................................... 38 Health Need Requests Revenue Table ..................................... 39 Medical Encounters Table .............................................. 39 Percentage of Medical Encounters ChargedIExempt ......................... 3 9 Orthopedic Costs Table ................................................. 39 CourtFees .................................................................. 40 Calendar Year 1996 Filing Fees Table ..................................... 4 0 UtilityCharges ............................................................. 4.1 Holidaypackages ............................................................ 4 2 Religious Freedom Restoration Act ............................................. 4 3 LegalAccess ............................................................... 4.5 InmateEscapes ............................................................. 4.8 INTRODUCTION The information contained within this report was prepared by the Arizona Department of Corrections ( ADC) for the October 30, 1997 meeting of the Joint Select Committee on Corrections ( JSCC). The JSCC was established by Laws 1994, Chapter 195. Pursuant to A. R. S. 5 41 - 161 0.04, the JSCC is required to receive testimony from the Department of Corrections regarding prison population and other matters relating to prison construction or prison operations. Consistent with the charge of the JSCC, this report contains pertinent information relating to the operation of the Arizona prison system. The document reviews information relating to the following subjects: prison population growth and projections; prison construction schedules; private prisons operations; inmate education; inmate work programs; Arizona Correctional Industries; medical, court and utility fees; legal access; Holiday packages; inmate legal access to the courts; the Religious Freedom Restoration Act; and, inmate escapes. PRISON POPULATION TRENDS AND PROJECTIONS The information below summarizes the trends and projections of the prison population. The graphs on the following pages detail population trends by growth, admissions and releases, population projection accuracy and population projections. Over the period January 1989- September 1997, the Arizona prison population grew by an average of 105 inmates per year. Peak growth in the prison population came during 1994 ( 1 58 per month) and 1995 ( 1 50 per month). Following the 1994- 95 peak, population growth dropped to 86 per month during 1996 and 107 per month during 1997 through September. Over the period January 1994- September 1997, actual population growth matched projected population growth at 127 inmates per month. The drop in population growth from 1995 to 1996 was fed in part by a 2% drop in prison admissions and in part by an increase in releases of short- term offenders under Truth- in- Sentencing. The Department lost 45+ admissions per month with the closing of the Shock Incarceration Program. rn Admissions were back up by 9% during the first nine months of 1997, however, releases have also continued at a higher level. The Department expects reduced growth in releases beginning in mid- to- late 1997. The Department anticipates a significant increase in admissions of juvenile offenders pursuant to Proposition 102lSenate Bill 1446. Proposition 200 is expected to have only a very minor impact on admissions and population, reducing drug possession admissions by 10%. The prison population is growing at the rate of 1 15 per month or 1,380 per year independent of the impact of Propositions 102 and 200. With their impact taken into consideration, the growth rate over the next five fiscal years ( FY 1998 and FY 2002) is expected to jump to 158. The total impact of the two propositions is expected to grow to 1,912 by June 30,2000. The current minors ( juvenile) population in the Department stands at 105. With the impact of Proposition 102lSenate Bill 1446, the minors population is expected to grow to 441 by June 30, 1998; to 1,094 by June 30, 1999; and to 1,269 by June 30,2000. ADMISSION AND RELEASE TRENDS 1989 1990 1991 1992 1993 1994 1995 1996 1997 ( 9 Mos.) Calendar Year v Admissions A Releases TREND IN ADMISSIONS BY TYPE 0 r 1989 1990 1991 1992 1 993 1994 1995 1996 1997 ( 9 Mos.) Calendar Year 7 Regular Court Commitments -- e- Flat- Term Probation Commitments A Release Violators Returned a Shock and Other Admissions POPULATION PROJECTION ACCURACY January 1994 to September 1997 12/ 94- 4195 5/ 95- 9196 10196- 9197 COMPOSITE r--- 1 I 1 Projected Growth I Actual Growth PRISON CONSTRUCTION The following four projects are under construction in the Arizona prison system: 1. The 4,150- bed Arizona State Prison Complex ( ASPC) - Lewis; 2. The 400- tent bed, Level 2, expansion of the North Unit at ASPC- Florence; 3. The 800- bed, Level 4, Dakota Unit at the ASPC- Yuma; and, 4. The security improvements at the ASPC- Perryville. Laws 1995, Chapter 2, First Special Session, appropriated $ 2 million from the corrections fund to the Department of Administration ( DOA) in Fiscal Year 1996 for a master plan, studies, site acquisition costs and site development costs for a new prison facility. The appropriation was authorized for only non- site specific purposes until the new complex was sited by the Arizona Legislature. During its July 1995 meeting, the JSCC recommended a site in Buckeye, Arizona, for the location of the new prison facility. Laws 1996, Chapter 337, sited the facility, appropriated $ 141.1 million over three fiscal years for its design and construction, and identified the level and number of beds to be built. The facility, named the ASPC- Lewis, is to consist of a 350- bed level five minors unit, a 600- bed level three female unit, two 800- bed male level three units and two 800- bed male level four units. The current estimate for the project is $ 162.7 million, $ 19.6 million more than the total appropriated amount. The unexpected cost increase is attributable to an inability to achieve any savings through value engineering because of design efficiency, issues associated with water and the waste water treatment plant, infrastructure modifications for future expansion of the juvenile and female units, and an unfavorable bid climate due to other significant projects including the Bank One Ballpark, the United States Courthouse, and the City of Phoenix Courthouse. The tentative construction schedule provided by the contractor is delineated below First 800- bed level 3 unit First 800- bed level 4 unit Second 800- bed level 3 unit Second 800- bed level 4 unit 350- bed Minors unit 600- bed Female unit July 1998 January 1999 May 1999 September 1999 February 2000 June 2000 The estimated completion date for the 400- bed tent project at the ASPC- Florence, North Unit, is October 1, 1997. The tent slabs have been poured and the tent frames have been erected. The addition of 21 tents had substantial completion as of August 5, 1997. The water, sewer and electric hook- ups are proceeding. The modular building contract has been awarded and its substantial completion is expected within ninety days. The perimeter fence is 95% complete, and only requires completion of the sallyport and gates installed at the construction access opening. The construction schedule for the 800- bed, level 4, Dakota Unit at ASPC- Yuma is as follows: Perimeter Fence Administration/ Kitchen/ Dining First Housing Unit Second Housing Unit Third Housing Unit Forth Housing Unit Lockup and Medical March 5,1997 May 4, 1998 May 4, 1998 June 3, 1 998 July 3, 1998 August 3, 1998 August 20,1998 The Arizona Legislature appropriated $ 4,479,400 to DOA in Fiscal Year 1998 for security improvements at the ASPC- Penyville. $ 2,673,200 was appropriated from the corrections fund, while the remaining monies were reappropriated from the Fiscal Year 1998 ADC operating budget. The legislation reverts any monies remaining from the operating budget share of the appropriation back to the ADC. The entire project was divided into two components. The DOA is responsible for the cell and electronic security improvements, while the ADC is responsible for the control room and unit security improvements. The DOA share of the project includes the following: Replace Cell Locks Replace Electronic Locking System Replace Cell Doors and Frames Install Astragals on Doors Replace Monitoring System Install Food Passes Replace Control Panels The ADC segment of the project is limited to control room improvements and unit security improvements. The specific projects are as follows: Control Rooms Raise Counters Install Escape Hatch Install Slam Lock Install Speak thru Install Pass thru Unit Security Install Pedestrian Gate Install Intercom ( Between Gate and Control Room) Install CJameras to Monitor Unit The construction schedule for the DOA scope of work is summarized below. Notice to Proceed Construction Begins First Building Complete Estimated Completion Date May 19,1997 June 22, 1997 Sept. 9, 1997 March 20, 1997 In regard to the construction schedules for the ADC scope of work, the control room improvements are to be completed by September 9, 1997, while the construction on the unit security improvements is set to begin on September 22, 1997, and be completed by January 5, 1998. PRIVATE PRISON OPERATIONS The information in this section provides a synopsis of the private prisons under contract with the Department. The table on the following page details the activation date, capacity, population and per diem rate of each facility. Marana Community Correctional Treatment Facility The facility is located in Marana, Arizona, operated by the Management and Training Corporation, and incarcerates offenders convicted of Driving- Under- the- Influence @ UI) and general population male and female inmates with substance abuse problems. In addition to work opportunities, programs, academic classes, recreation and religious programs, the inmate schedule revolves around substance abuse treatment. The facility provides a 14- week intensive substance abuse treatment program. The program begins with an initial evaluation and assessment of each inmate. This is followed by 4% hours of group counseling and three hours of life skills classes on a weekly basis. The aftercare program includes three hours of weekly group counseling on a weekly basis and bi-weekly individual counseling. Arizona State Prison ( ASP) - Phoenix West The facility is located in metropolitan Phoenix, operated by Correctional Services Corporation and incarcerates 400 male DUI inmates. In addition to various work opportunities, h a t e s are assigned to academic classes, religious, and recreational programs. The facility provides an intensive substance abuse program, focusing on the many aspects of alcoholism. This program covers the effects of alcohol on the body, addiction, withdrawal and recovery. Inmates are required to participate in the Stage I and I1 programs, which total 36 hours of treatment. Stage I programming consist of 12- Step meetings or an alternative, lectures on chemical dependency and life management, family or couples group counseling, and individual sessions with a therapist. Stage I1 programming provides the natural progression of substance abuse treatment, and includes the 12- Step program or its equivalent and the accompanying counseling programs. ASP- Florence West The facility has been located northwest of the ASPC- Florence and will be operated by Correctional Services Corporation. The facility was activated on October 1, 1997. The institution will incarcerate a total of 600 male prisoners, but two distinctive groups of inmates. ASP- Florence West will be divided into three housing units, one unit will house 200 Return- to- Custody ( RTC) inmates, while the remaining two units will house 200 DUI inmates respectively. RTC inmates are convicted felons who have been returned to the Department awaiting due process hearings for allegedly violating conditions of release imposed by the Board of Executive Clemency or by the Department. v, r- 0 0 m 5: d a $ g z g gs. 5 Z Z Z Z 0 Cl ' n o r - S q a < , " d ' z z 0 0 b a -- 64 - 0 F, 0 I n a a * + $ i. . E a2 Cic ~ j : 2+, 6$ 8 .3 a - c-- h -. -. d 0 . x- C h @ P) u L f c - 2 u a .*" 2 u o Ec 5 s a u g - I' ?-? e 0- + m s 9 ' 3 C ch & e , o- 0 - = g Q, k P) - g . i" 5 . II U ! 2 E: S: *= a Q, C) . i- 5 u Q G ..--- 0 cj ; L * bC) ., zX g CQ 2. 2 - 5 % INMATE EDUCATION OVERVIEW The Department has developed a new Education Plan and is in the first phase of its three- year implementation. This section summarizes the Department's new direction in educational programming. Adult Literacy is the cornerstone of ADC's education program. The Department estimates that 72% of all new commitments will require mandatory remedial education to meet the Arizona standard of an eighth grade equivalency. This estimate is based on the most recent random sampling of 5,760 inmates tested at reception during the 1997 Fiscal Year. Beginning this Fiscal Year the Department has established new incentives for inmates to meet this mandate through the Work Incentive Pay Program ( WIPP). In addition, the Department has completed the placement of a new common core curriculum to standardize educational programming. This common core curriculum allows inmates to encounter the same textbooks and computer- assisted learning materials at all institutions. The Department has an ambitious goal to increase GED completions by 5% per year. Again, the Department will establish work opportunity incentives for inmates to encourage enrollment and completion of the High School Equivalency Diploma. The High School Equivalency will be made mandatory for enrollment in the Vocational Training classes taught by community colleges. In some cases these courses have undergone substantial revisions to prepare inmates for job skills which can be utilized within the prisons and lead to entry-level skills in the workplace upon release. These courses include building maintenance and janitorial maintenance, construction skills, and business/ computer skills. The Department will strive to provide every inmate, who is without a High School Diploma or an Equivalency Diploma, with productive job training and real- world work experience. The Department is focusing training efforts on inmates who show the greatest motivation to reform, and who will be completing their incarceration in the near- term, so they will return to the society as taxpayers and law- abiding citizens. The combination of successful completion of education and acquiring real- world job skills is a critical element in efforts to lower recidivism. The following information provides a current snapshot of inmate daily involvement in educational programs. H 12,403 inmates participating in education programs. H 3,395 inmates participating in the Functional Literacy Program. 3,976 inmates participating in the General Equivalency program. H 2,346 inmate participating in Adult Basic Education. 1,785 inmates participating in Vocational Training. 548 inmates participating in English as a Second Language. 353 inmates participating in Special Education. The following reviews some of the educational achievements of student inmates during Fiscal Year 1997: 779 inmates were awarded General Equivalency Degrees. 468 inmates were awarded vocational certificates numbered, and the average program duration was between eight to twelve months. This duration requires inmates to remain in a status that permitted their continuing attendance and enabling their completion of the program. The Mandatory Literacy Program included 7,496 inmate students. There were 476 inmate students who completed the 300- hour requirement for mandatory literacy but did not meet the sixth grade standard. There were 3,250 inmate students who met or exceeded the sixth grade standard. There were 10,328 inmate enrollments in vocational classes ( there are multiple classes that make up each vocational program and this figure counts each class an inmate enrolled in as a part of the vocational program). There were 3,610 inmate students in the post secondary program. This would include developmental, legal research or vocational support programs required as a part of a vocational program. There were 63 special education inmate students and 6 disabled ( 504) special education inmate students. EDUCATION BUDGET The Department's Fiscal Year 1998 education budget is $ 10,782,500. The budget is allocated for the following programs in the identified amounts. 1. Functional Literacy: Program mandated by statute for eligible inmates who fail to score the equivalent of an eighth grade literacy level on a standardized test. ($ 4,109,600) 2. Adult Basic Education: Complimenting the Functional Literacy Program, this instructional effort is on reading, writing and arithmetic. ($ 862,300) 3. General Equivalency Diploma: Program in place for inmates trying to complete requirements needed to obtain a high school equivalency diploma, and includes GED practice tests and study guides. ($ 1,525,900) 4. Vocationa~ echnical: P rogram aimed at developing useful trades and slulls in inmates, and utilizes relevant textbooks and manuals related to subject matters. ($ 3,460,700) 5. Special Education: Program mandated by federal and state law for inmates under the age of 18 and for inmates with disabilities who are 2 1 or younger. ($ 824,000) It is important to note that there are certain amounts of carryover funds, estimated to be approximately $ 50,000, that have not been reflected in the estimated expenditures. However, these monies are dedicated to the education of the minors incarcerated within the prison system. INMATE WORK PROGRAMS A. R. S. fj 3 1- 25 1 grants the Department the authority to require that each able- bodied prisoner engage in work for not less than 40- hours per week, except that not more than 20- hours per week of participation in an educational, training or treatment program may be substituted for an equivalent number of hours for work. The Department is striving to create a natural programming progression for inmates from education to work. Since many inmates lack the basic educational, vocational and social skills necessary to enhance community integration and economic self- sufficiency, this strategy places greater emphasis on education and allows employment opportunities to serve as the reward, thereby optimizing prisoner participation in educational programs and promoting successful completion. Excluding jobs with Arizona Correctional Industries, the following three types of employment are available to inmates: 1. Work Incentive Pay Programs ( WIPP): The program allows inmates to utilize experience, training and expertise in meaningful employment while supporting their needs. 2. Community Betterment Projects ( CBP): Work that assist local governmental and non-profit organizations in meeting goals, while providing the inmate an opportunity to earn a wage and improve the community. 3. Work Training Programs ( Vocational Training): Instruct the inmate in marketable and employable skills that benefit the prison by providing labor and the inmate by preparing for future employment. The work programs are designed to meet statutory requirements as well as develop employable skills and a work ethic. All three work components provide inmates with the opportunity to earn a wage that may be utilized by the inmates to procure personal sundries and meet other financial needs. However, it must be noted that there are limits on the number of inmates that can work. These limitations include medical or serious mental health needs, lock down status or out to court. Other limits include selected housing assignments such as protective segregation, a death sentence, special management units, reception center, or county jail. The following three tables review the WIPP, CBP and vocational training jobs currently employing inmates. Work Training Programs ( Vocational Training) Institution ASPC- YUMA ASPC - WINSLOW ASPC - DOUGLAS ASPC- FLORENCE ASPC- EYMAN ASPC - SAFFORD Work Training Programs ( Vocational Training) No Vocational Training Building Trades Office Skills Computer Drafting Small Business Building Maintenance Masonry Horticulture Fire Science Janitorial Service Business Skills Computer Graphic Arts Carpentry Masonry Plumbing Concrete Computer Drafting Janitorial Upholstery Building Maintenance Small Business Management No Vocational Training Location N/ A Coronado Unit Coronado Unit Kaibab Unit Kaibab Unit On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site Meadows Unit Meadows Unit Meadows Unit Rynning Unit Cook Unit Cook Unit N/ A Inmates Employed N/ A 16 10 26 14 2 5 22 2 1 27 0 ( New Program) 94 29 5 - 6 13 16 3 8 - 17 13 10 11 13 17 N/ A r Institution ASP - FORT GRANT ASPC- TUCSON ASPC- PHOENIX ASPC- PERRYVILLE Work Training Programs ( Vocational Training) Building Maintenance Sheet Metal Masonry Business Machines Business Tech Computer Application Graphic Arts Vocational Business Electronics Waste Water Management Computer Construction Computer Application TOTAL NUMBER OF INMATES EMPLOYED 742 Location On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site ACW On- Site ACW On- Site On- Site Inmates Employed 32 2 3 3 1 18 26 24 16 4 3 8 24 3 8 2 0 5 Community Betterment Projects Institution ASPC- YUMA ASPC- WINSLOW Navajo Army Depot Crew ASPC- DOUGLAS Forest Service - Fencing, Dam Building, Trail Location City of Yuma City of Yuma State Highway County Community Betterment Projects City of Yuma City Crew/ Court/ ADOT ADOT Navajo County Labor Inmates Employed 49 12 36 8 Institution ASPC- SAFFORD National Guard Armo Graham County Landfill Safe House Safford 11 Community Betterment Projects Safford Public Works Graham County Fairgrounds Eastern Arizona College Clifton Town Crew Greenlee County Pima Town Crew Thatcher Town Crew Duncan Schools Sacred Heart Cemetery Greenlee County Landfill Duncan Cemetery Location Safford Safford Thatcher Clifton Clifton Pima Thatcher Duncan Morenci Clifton Duncan Inmates Employed 16 10 9 17 12 12 9 12 11 11 11 Institution ASP - FORT GRANT ASPC- TUCSON ASPC- PHOENIX Community Betterment Projects Wilcox Public Works ADOT BLM ADOT Graffiti Abatement Museum Fence Weavers Town of Winkleman ADOT Forest Service Gila County Landfill epartment of Health Location Wilcox Safford/ Wilcox Safford Off- Site Off- Site Off- Site Winkleman Globe Roosevelt Globe ASPC- PERRYVILLE Inmates Employed 13 24 12 8 6 10 9 13 13 20 4 Motor Vehicle Division Office of Tourism Motor Vehicle Division ADOT Phoenix Phoenix On- Site Highways 7 4 42 27 Inmates Employed 20 3 2 8 7 3 1 1,389 Location County County Buckeye Surprise Highways Institution ASPC- PERRYVILLE TOTAL NUMBER OF INMATES EMPLOYED Community Betterment Projects University of Arizona Farms Maricopa Flood Control District City of Buckeye City of Surprise ADOT WIPP Carpenters Clerks Construction Crew General Labor Crew Heavy Equipment Operator On- Site On- Site On- Site On- Site On- Site 7 32 15 102 4 Inmates Employed 15 1 40 23 23 165 30 4 23 7 3 00 Location On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site Institution ASPC- WINSLOW ASPC- DOUGLAS WIPP Kitchen Workers Laundry Workers Motor Pool Painters Porters Recreation Workers Shoe Shiners Warehouse & Inmate Store Welders Yard Landscapers Institution ASPC- DOUGLAS ASPC- FLORENCE WIPP WarehouseIInrnate Store Workers Welders Special Projects Kitchen Workers ASPC- EYMAN Location On- Site On- Site On- Site On- Site Inmates Employed 2 8 6 68 3 76 - Education Aides Clerks Porters Barbers Recreation Aides Store Workers General Labors On- Site On- Site On- Site On- Site On- Site On- Site On- Site 6 1 54 272 15 46 16 46 1 Institution ASPC- EYMAN ASPC - SAFFORD Location On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site On- Site WIPP Maintenance Kitchen Worker Janitors Laundry Concrete Crew Maintenance Concrete Crew Laundry Workers Fire Crew Motor Pool 1 Inmates Employed 72 500 5 5 0 2 156 55 2 7 11 ASP - FORT GRANT Recreation Education Aides Painters Clerks Porters Farmer Workers Barbers On- Site On- Site On- Site On- Site On- Site On- Site On- Site 26 18 3 15 3 3 15 7 INSTITUTION ASP - FORT GRANT ASPC- TUCSON Location On- Site On- Site On- Site On- Site WIPP General Labors Education Aides Maintenance Janitors Inmates Employed 125 2 1 4 1 5 4 Inmates INSTITUTION WIPP Location Employed ASPC- TUCSON Stable Workers On- Site 4 ASPC- PHOENIX Education Clerks On- Site 15 Clerks On- Site 7 8 Maintenance Workers On- Site 56 Kitchen Workers On- Site 223 Maintenance Workers On- Site 26 Laundry Workers On- Site 5 1 General Labors On- Site 1000 Porters On- Site 186 Recreation Workers On- Site 2 8 Motor Pool On- Site 22 TOTAL NUMBER OF INMATES EMPLOYED 13,025 ARIZONA CORRECTIONAL INDUSTRIES Arizona Correctional Industries ( ACI) is often referred to as the Division of the Department with responsibility for inmate work programs; however this may be somewhat misleading. While on any given day the vast majority of workable prisoners in Arizona are employed, most do not work in ACI jobs. Instead the majority of work opportunities are those reviewed in the previous section of this report, specifically, they are WIPP, CBP and vocational training jobs. Only a small percentage of the workable inmate population are engaged in Arizona Correctional Industries work programs. ACI is legislatively mandated to operate in a fiscally self- sufficient manner without any appropriated funding. In essence, this mandate requires ACI to operate in the highly- regulated and structured environment as state agency, but perform like a private sector business. ACI generates its revenues through the sale of inmate produced goods and services which pay all operational costs, including salaries of staff and inmates, plus all other expenses associated with its operations including the resources necessary for development and expansion. ACI work programs represent highly sought- after jobs in the Department which most closely reflect the kinds of employment opportunities found in the community. More specifically, ACI's enterprises and activities provide inmates with an opportunity to learn and practice good basic work habits and acquire job- specific skills that will best prepare them for release. Many of these programs also enable participating inmates to take fiscal responsibility for their actions by requiring them to contribute to the cost of their incarceration andlor contribute to family support and victim compensation. The information contained on the following pages provides an " at a glance" overview of existing Arizona Correctional Industries work programs statewide and is organized into four sections which represent the following categories of ACI work programs: ( 1) ACI Owned- and- Operated Enterprises and Work Programs; ( 2) ACIIPrivate Sector Labor Contracts for Inmate Labor; ( 3) Intergovernmental Agency Agreements between ACI and other State Agencies; and, ( 4) Federally Certified Prison Industry Enhancement Work Programs. Each section identifies and provides a brief description individual work programs or enterprises, indicates where the program is or the institutional source of inmate workers, and the monthly average number of inmate workers engaged in the activity over the past 12 months. ACI OWNED- AND- OPERATED Enterprise or Work Program IdentificationLDescription ACI Central Business Office Operations. See description at Item 1 - 1 ACI Materials Management Center Operations. See description at Item 1- 2 I Coupon Processing Center. See description at Item 1- 3 Data Processing Center. See description at Item 1- 4 Graphic Arts Division. See description at Item 1- 5 Copy Service. See description at Item 1- 6 Bedding Division. See description at Item 1- 7 License Plate Division. See description at Item 1- 8 Metal Fabrication Division. See description at Item 1- 9 Tucson Sewing Division. See des-cription at Item 1- 10 Douglas Sewing Division. See des-cription at Item 1 - 1 1 Sign Division. See Description at Item 1- 12 Wood and Metal Refurbishing Division. See description at Item 1- 13 Agri- Business Division. See des-cription at Item 1 - 14 Installation Support Services. See description at Item 1 - 15 Furniture Division. See descrip-tion at Item 1 - 16 ENTERPRISES AS OF AUGUST 1997 Location of Enterprise or Work Program 19 18 W. Van Buren, Phoenix Arizona State Prison Complex Florence Arizona State Prison Complex Winslow Arizona State Prison Complex Penyville - Santa Maria Unit Arizona State Prison Complex Penyville - Santa 1645 W. Jefferson, Phoenix Arizona State Prison Complex Florence Arizona State Prison Complex Florence Arizona State Prison Complex Florence Arizona State Prison Complex Tucson Arizona State Prison Complex Douglas Arizona State Prison Complex Tucson Arizona State Prison Complex Florence Arizona State Prison Complex Florence Arizona State Prison Complex Florence Arizona State Prison Complex Eyman - Rynning Unit AND ACTIVITIES Average Number of Inmates Employed Monthly during the past 12 months 15 3 0 67 86 77 4 18 3 1 79 79 132 23 26 33 6 62 Includes ACI Industrial Yard Maintenance Crew. 3 1 ACI OWNED- AND- OPERATED ENTERPRISES AND ACTIVITIES AS OF AUGUST 1997 Average Number of Inmates Employed Monthly during the past 12 months 32 2 115 3 0 947 Enterprise or Work Program Identification/ Description Upholstery Division. See descrip-tion at Item 1- 17 Retail Outlet Store. See descrip-tion at Item 1 - 18 Bakery Division. See description at Item 1- 19 ACI Region Operations ( Central & Southern Regions). See descrip-tion at Item 1- 20' Location of Enterprise or Work Program Arizona State Prison Complex Eyman - Rynning Unit Arizona State Prison Complex Florence Arizona State Prison Complex Eyman - Meadows Unit Arizona State Prison Complex Florence TOTAL NUMBER OF INMATES EMPLOYED 3~ enoteSse asonal Inmate Labor Contract. Average number of inmates worked is calculated on the basis of the total number of inmates worked divided by the number of months of operations during the year. Most seasonal contracts are for a period of several months during the year. ACI PRIVATE SECTOR LABOR CONTRACTS Identification/ Description of Labor Contract Hickman's Egg Ranch. See description at Item 2- 1 Dixon Farms. See description at Item 2- 2' Waddell Farms. See description at Item 2- 33 Pegasus Research Group, Inc., dba TELEVERDE. See description at Item 2- 4 0 Bar 0 Ranch. See description at Item 2- 5 Jerald A. Barney Farms. See des-cription at Item 2- 6= SODEXHO. See description at Item 2- 7 CDC Farms. See description at Item 2- S3 Greater Auto Auction of Phoenix. See description at Item 2- 9 Belloc's Farms. See description at Item 2- 1 O3 White Mountain Farms. See des-cription at Item 2- 1 l3 TOTAL NUMBER OF INMATES AS OF AUGUST 1997 Institutional Source of Inmate Labor Arizona State Prison Complex Perryville - San Pedro Unit Arizona State Prison Complex Florence - North Unit Arizona State Prison Complex Perryville - San Pedro Unit Arizona State Prison Complex Phoenix - Arizona Center for Women ( ACW) Arizona State Prison Ft. Grant Arizona State Prison Complex Safford Arizona State Prison Complex Phoenix - ACW Arizona State Prison Complex Safford Arizona State Prison - Phoenix West [ Private Prison] Arizona State Prison Complex Florence - Picacho Unit Arizona State Prison Complex Winslow - Apache Unit EMPLOYED Average Number of Inmates Employed Monthly during the past 12 months 66 5 0 Inactive during the past 12 months 3 0 Inactive during the past 12 months 3 6 6 3 2 22 38 20 300 ACI INTERGOVERNMENTAL AGENCY AGREEMENTS ( IGA) Identification/ Description of Intergovernmental Agency Agreement for services or work program Data Entry Services for ADOT-MVD. See description at Item 3- 1 Refurbishment of Highway Signs for ADOT. See description at Item 3- 2 Printing - ADOE. See description at Item 3- 3 Data Fulfillment - ADEQ. See description at Item 3- 4 MVD Call- In Center - ADOT. See description at Item 3- 5 MVD Call- In Center - ADOT. See description at Item 3- 6 City of Phoenix. See description at Item 3- 7 ACI PRISON INDUSTRY ENHANCEMENT PROGRAMS AS OF AUGUST 1997 AS OF AUGUST 1997 Location of Service or Work Program Arizona State Prison Complex Perryville - Santa Maria Unit Arizona State Prison Complex Tucson Arizona State Prison Complex Perryville Arizona State Prison Complex Perryville Arizona State Prison Complex Perryville, San Juan Unit Arizona State Prison Complex Perryville, Santa Maria Unit Arizona State Prison Complex Perryville - San Pedro Unit Average number of inmates Employed Monthly during the past 12 months 2 5 9 8 42 Identification/ Description of PIE Work Program Worldwyn Acceptance Company. See description at Item 4- 1 Natures Partner. See description at Item 4- 2 W. L. Gore. See description at Item 4- 3 Average Number of Inmates Employed Monthly during the past 12 months [ Programs Only] NA - Service Contract NA - Service Contract NA - Service Contract NA - Service Contract 2 5 23 12 TOTAL NUMBER OF INMATES EMPLOYED 1 Location of Work Program Arizona State Prison Complex Perryville - Santa Cruz Unit Arizona State Prison Complex Eyman - Cook Unit Arizona State Prison Complex Winslow - Kaibab Unit 60 TOTAL NUMBER OF INMATES EMPLOYED ACI PROGRAM DESCRIPTIONS ACI Central Office Operations: Structured along traditional lines of private industry, ACI functions with three ( 3) operating bureaus: a Finance and Accounting Bureau; a Marketing and Sales Bureau; and, an Operations Bureau. Inmate labor is used throughout ACI's Central Office to perform a wide variety of the entry- level clerical duties attendant to the overall operations of ACI. ACI Materials Management Center: ACI's Material Management Center consists of a complex of large warehouse facilities and a transportation unit. With resources located at the Arizona State Prison in Florence and the metropolitan area of Phoenix, the Management Center employs inmates in a variety of jobs involving the receipt and delivery of raw materials and finished goods. Coupon Processing Center: This correctional industry operation provides services that have traditionally moved and operated outside the United States. The Coupon Processing Center is representative of an effort by ACI to repatriate a service industry dedicated to processing coupons for U. S. Coupon Clearing Houses. Inmates are utilized in the operation to sort coupons, input data in computers and package coupons for distribution after processing. Data Processing Center: This is an ACI service industry designed to provide computer data entry and fulfillment services. Inmates are employed in the operation as computer operators. Graphic Arts Division: This ACI industry is a full- service printing operation. Inmate jobs include all those positions normally associated with and found in a sophisticated printing operation. Copy Service: The ACI Copy Service is a convenience copy center located within the Capitol Mall Complex. Inmates perform photocopying duties in the operation which is dedicated to supporting the Arizona Department of Corrections and other state agencies. Bedding Division: This is an ACI manufacturing operation dedicated to the producing an assortment of bedding products for the Department of Corrections as well as other state and governmental agencies. Inmates perform all functions associated with manufacturing a variety of different kinds of mattresses, pillows and other associated products. License Plate Division: The ACI License Plate Division produces, warehouses and distributes Arizona State license plates for the Motor Vehicle Division of the Arizona Department of Transportation. The division also manufactures an assortment of other types of license plates. Inmates are engaged in all aspects of this light metal manufacturing operation. Metal Fabrication Division: The Metal Fabrication Division of ACI is a manufacturing industry dedicated to producing detention furniture and a substantial number of other metal products for the Arizona Department of Corrections, other state agencies and customers. Inmates are utilized in all aspects of the operation. Tucson Sewing Division: Located in the Arizona Prison Complex at Tucson, this is a garment manufacturing operation dedicated to light- weight sewing. Inmate workers are trained and employed throughout the operation in the manufacturing of linens and light-weight clothing articles. Douglas Sewing Division: Located in the Arizona State Prison Complex at Douglas, this is a full- line garment manufacturing operation. Inmates are trained and engaged in manufacturing a large variety of different clothing articles ranging in degree of production difficulty. Sign Division: Inmates are trained and employed in this ACI manufacturing operation to produce a full assortment of signs and engraved items from plaques to regulatory signs and decals for emergency vehicles. Wood and Metal Refurbishing Division: This ACI operation provides wood and metal refurbishing services to ACI customers as an economic alternative to purchasing new. Inmates are trained and employed in all aspects of the operation. Agri- Business Division: ACI operates a year- round farm consisting of approximately 1,000 acres located in the Florence, Arizona area. Inmate labor is used exclusively for all operations of the farm including the operation of all farm equipment. Installation Support Services: Comprised of two Support Services Units, this operation of ACI is provides for the installation of furniture, millwork and modular office systems produced in other ACI operations. Inmates are trained, employed and supervised by ACI staff in all functions of the services provided by this ACI operation. Furniture Division: The ACI Furniture Division manufactures a full line of wood products including furniture, millwork, specialized cabinetry and modular office systems. Inmates receive training and an opportunity to work in all functional areas of the operation. Upholstery Division: Inmates assigned to the Upholstery Division are provided training and experience in manufacturing new products as well refurbishing used products. Retail Outlet Store: The ACI Retail Outlet provides inmates with a means of selling hand-crafted items they produced while incarcerated. The store also provides an outlet to the public for certain items produced in correctional industry operations. Bakery Division: The ACI Bakery produces and delivers all bakery goods used by the Department of Corrections. Inmates are trained and work in all aspects of the food service manufacturing operation. ACI Region Operations: Inmates employed in ACI Region Operations provide administrative and maintenance support for all ACI operations statewide. Inmates are engaged in ACI operations within their institutions and will receive training dependent upon their specific duties. Work assignments and training include equipment maintenance and repair as well as specialized training and jobs in the building trades ( electrician and plumbing). Hickman's Egg Ranch: This is a year- round work program. Inmates are the labor force utilized to support Hickman's egg operation, feed mill, and feed lot operations ( hogs and beef cattle). Dixon Farms: This is a seasonal work program. Inmate labor supports Dixon Farm's agricultural operation, i. e., harvesting water melons and thinning weeds in fields. Waddell Farms: This is a seasonal work program. Inmate labor supports Waddell Farm's agricultural operation, i. e., picking crops, thinning weeds and as general field labor. Pegasus Research Group, Inc., dba TELEVERDE: This is a year- round work program. Inmates perform tasks that support Televerde's telemarketing business operation. 0 Bar 0 Ranch: This is a seasonal work program. Inmates are used to sort, brand and work cattle on this ranch operation. Jerald A. Barney Farms: This is a seasonal work program. Inmates support Barney Farms agricultural operation by performing work relative to harvesting crops, i. e., cotton, water melons, cantaloupes, pumpkins, and chilies. Sodexho USA, Inc.: This is a year- round work program. Inmates support Sodexho7s hospital services by performing a variety of clerical functions. CDC Farms: This is a seasonal work program. Inmate labor is utilized to support CDC Farm's agricultural operations, i. e., harvesting chili peppers. Greater Auto Auction of Phoenix: This is a year- round work program. Inmates perform work related to automotive detailing, i. e., interiorlexterior car cleaning and reconditioning. Belloc's Farms, Inc.: Belloc Farms has contracted inmate labor on a permanent and temporary ( seasonal) basis. In both cases inmates perform work to support Belloc's agricultural operations. Work performed includes general farm labor, thinning weeds and harvesting crops, i. e., water melons and cantaloupes. White Mountain Farms: This is a seasonal work program. Inmate labor is utilized to support White Mountain Farms agricultural operations by performing work related to crop harvesting, i. e., potatoes, pumpkins and squash. Data Entry Services for ADOT: This is a service contract. Inmates at ACI perform tasks relative to data entry of minor motor vehicle citations for the Arizona Department of Transportation. 3- 2 Refurbishment of Highway Signs for ADOT: This is a service contract Inmates at ACI perform work relative to refurbishing and recycling highway signs for the Arizona Department of Transportation. 3- 3 Printing - ADOE: This is a service contract. Inmates at ACI perform work relative to printing and packaging of materials as requested by the Arizona Department of Education. 3- 4 Data Fulfillment - ADEQ: This is a service contract. Inmates at ACI perform work relative to assembling information packets for the Arizona Department of Environmental Quality. 3- 5 MVD Call- In Center - ADOT ( ASPC- PV San Juan): This is a year- round work program. Inmate labor is used to support the Arizona Department of Transportation's Motor Vehicle Division Call- In Center. The MVD Call- In Center is a customer service center which processes telephone calls regarding drivers license requirements, vehicle title and registration information and general questions concerning the Motor Vehicle Division. 3- 6 MVD Call- In Center - ADOT ( ASPC- PV Santa Maria): This is a year- round work program. Inmate labor is used to support the Arizona Department of Transportation's Motor Vehicle Division Call- In Center. The MVD Call- In Center is a customer service center which processes telephone calls regarding drivers license requirements, vehicle title and registration information and general questions concerning the Motor Vehicle Division. 3- 7 City of Phoenix: This is a year- round work program. Inmate labor is utilized by the City of Phoenix to separate refuse and process waste products for recycling. 4- 1 Worldwyn Acceptance Company: This is a year- round work program. Inmates perform telemarketing functions for Worldwyn Acceptance Co., a mortgage company dealing in secondary financing. 4- 2 Natures Partner: This is a year- round work program. Inmates are used to perform general labor for Natures Partner in support of their production of simulated natural features made fiom fiberglass reinforced polyester. 4- 3 W. L. Gore and Associates, Inc.: This is a year- round work program. Inmate labor is used to manufacture, assemble, and package W. L. Gore's bicycle cable systems. MEDICAL FEES In response to inmate abuses of the Department's health care delivery system, the Department sought the introduction of legislation to charge inmates for health care. In addition, other benefits of pursuing the legislation included placing a degree of ownership on the inmates for their health care and returning some monies to the state general fund in order to reduce the increasing cost of health care. The Legislature passed Laws 1994, Chapter 332, which amended A. R. S. 3 1- 20 1.0 1 to require the Department to establish by rule, reasonable medical and health services fees not to exceed $ 5, for each inmate- initiated medical visit. The statute allows the Department to charge for prescriptions, medical visits and prosthetic devices. However, the law prohibits the Department from charging a fee for visits or referrals initiated by its own medical or mental health staff. The legislation exempted payment for selected conditions. In a related issue, due to security reasons, orthopedic injuries to inmates and the corresponding escalating health costs, the Department removed weights from the prison system during Fiscal Year 1995. As expected, the removal of weights has significantly decreased the Department's orthopedic costs. The following tables detail the impact of charging inmates for health care. The first table reviews the number of Health Need Request ( HNR) forms submitted by inmates. The second table address the revenue associated with the HNR process. The third table documents the number of inmate encounters with the Department's health care providers in recent years. The last table defines the percentage of encounters charged and exempted. - Health Need Requests Submitted Fiscal Year 1997 1996 1995 Health Need Requests Revenue Fiscal Year 1997 1996 1995 Number of Health Need Requests Submitted 200,083 205,120 129,122 Amount Charges $ 233,001 2 16,828 1 37,667 Average Daily Population 22,245 ( estimated) 22,869 19,678 Amount Collected $ 227,943.5 1 195,259.26 105,733.21 Health Need Requests Per Inmate Per Year 9 9 6.5 Health Need Requests Revenue Medical Encounters The table on the following page reveals the orthopedic cost savings achieved by the Department upon removing the weights from the prison system. Total 528,935.98 Percentage of Encounters ChargedJExempt 587,496 Encounters Per Inmate 15 14.3 11 2 5 30 Fiscal Year 1997 1996 1995 1994 1993 Number of Encounters 333,037 326,99 1 2 16,389 446,850 484,478 Percent Exempted 76.6 77.9 78.8 Fiscal Year 1997 1996 1995 ORTHOPEDIC COSTS Percent Charged 23.4 22.1 21.2 Annual Cost Per Inmate $ 5,803 3,675 3,752 4,584 Ending Population 19,863 21,190 22,697 23,795 Annual Number of Prisoners 210 363 249 143 Fiscal Year 1994 1995 1996 1997 Total Cost $ 1,218,581 1,333,898 934,160 65 5,444 COURT FEES Laws 1994, Chapter 358, requires the judiciary to collect from a prisoner upon the filing of a civil action or proceeding a first time payment of 20% of the actual court costs or fees. Thereafter, the statute requires monthly payments totaling 20% of all deposits into the prisoner's trust account until all fees are paid in fill. The Attorney General's Office advises us that they compared the number of lawsuits filed in the year prior to the effective date of this legislation to the number filed after the effective date, and there was a 35% reduction in the number of lawsuits filed. This reduction is attributed to the legislation. The following table summarizes the filing fees the ADC forwarded to the courts during Calendar Year 1996. Calendar Court Arizona Supreme Court Court of Appeals, Division 1 Court of Appeals, Division 2 Cochise County Superior Court Coconino County Superior Court Gila County Superior Court Graham & Safford Justice Court Maricopa County Superior Court Maricopa County West Phoenix Justice Court Mohave County Superior Court Navajo County Superior Court Pima County Superior Court Pima City Tucson Justice Court 03 Pima City Tucson Justice Court 05 Pinal County Superior Court Yavapai County Superior Court Yuma County Superior Court Total Total Owed $ 21 59.20 1547.18 204.74 1 14.44 32.15 53.40 22.25 8246.20 42.52 163.39 160.16 521.52 0.00 7.50 1,297.9 1 73.05 70.00 $ 14,715.61 Year 1996 Filing Amount Collected $ 2,159.20 1,587.12 204.74 1 14.44 32.15 53.40 22.25 8,293.10 42.52 163.39 160.16 529.47 0.00 7.50 1,298.1 1 73.05 70.00 $ 14,810.60 Fees Refunds $ 0.00 39.94 0.00 0.00 0.00 0.00 0.00 46.90 0.00 0.00 0.00 7.95 0.00 0.00 0.20 0.00 0.00 $ 94.99 UTILITY CHARGES Following the establishment of A. R. S. 5 32- 239, the Department undertook a deliberate approach with regard to the structuring and implementation of utility charges. This included the preliminary development of automation to support utility charging, as well as a policy statement to implement the statutory requirements. The Department began collecting data on all appliances during October 1996. However, at this time the issue of Holiday packages surfaced and the dilemma of whether or not they would be permitted. This issue was resolved with the intervention of the federal courts on behalf of the inmates. As a result, staff attention and focus was directed to handling the Holiday packages and diverted fiom the utility charge issue. Following the Holiday season, there were a variety of automation hurdles to overcome in trying to create a report that would permit easy recovery of the information and debiting of inmate accounts on an automatic basis. In addition, the Department implemented a comprehensive policy restricting inmate telephone activities to only those individuals who cleared a background check via the visitation process. These issues have further delayed the implementation of the utility charges. At present the Department has mastered the automation issues, have forwarded and received feedback on DRAFT policy statements and automation activity fiom the individual complexes. The Department is currently studying the feedback and will implement the utility charging as soon as reasonably possible. HOLIDAY PACKAGES Hook v. State is a 1973 lawsuit that resulted in a consent decree governing the receipt, sending, and processing of inmate mail. One of the provisions of the decree permits each inmate to receive up to three ( 3) twenty- five ( 25) pound food packages ( i. e. up to 75 pounds of food) between December 10 and December 3 1 of each year. The decree contains no provision addressing inmate possession andlor use of hotpots. In October 1992, the Department moved to modify the decree to eliminate the food packages provision. The inmates, in addition to opposing our motion, filed a separate motion seeking to modify the decree to permit them to possess and use hotpots to heat and cook food items received in their holiday food packages. In April 1995, the district court denied the Department's motion and granted the inmates' motion. The Department appealed to the Ninth Circuit Court of Appeals. In October 1996, the Ninth Circuit issued an opinion reversing the district court's denial of the Department's motion and remanding the case to the district court with instructions to eliminate the provision from the decree. The opinion also reversed and vacated the district court's order granting the inmates' motion regarding hotpots. In November 1996, and in response to the Ninth Circuit's opinion, the inmates filed a petition for rehearing asking the Court to reconsider its decision. In July 1997, the Ninth Circuit granted the inmates' petition for rehearing, withdrew the October 1996 opinion, and issued a new opinion. In the new opinion, the district court's denial of the Department's motion was again reversed; but this time, instead of remanding the case to the district court with instructions to eliminate the food packages provision, the case was remanded to allow the district court to determine the appropriate extent, up to and including elimination, to which the provision should be modified to alleviate the Department's security concerns. In his concurring opinion, Judge Beezer reminds the district court that Department officials " are in the best position to determine how the holiday package provision should be modified in order to alleviate security concerns." The new opinion also once again reversed and vacated the district court's order granting the inmates' motion regarding hotpots. The Ninth Circuit's mandate/ July 1997 opinion was filed in the district court on August 19, 1997. On August 20, 1997, the Department filed a motion with the district court asserting that elimination of the food packages provision is the only modification that would appropriately alleviate security concerns, and asking the district court to issue an accelerated ruling to this effect. The inmates have filed their opposition to our motion, and we are currently awaiting a decision by the district court. As the number of adult inmates incarcerated in Arizona prisons has continued to escalate, so have the numbers associated with Holiday food packages. In 1990, the ADC processed 18,281 food packages totaling 157.2 tons at a cost of $ 128,220.84 in staff time. In 1993, 25,995 packages totaling 250.9 tons were processed at a cost of $ 129,03 1.7 1 in staff time. In 1996, 3 7,10 1 packages totaling 403.2 tons were processed at a cost of $ 343,940.59 in staff time. RELIGIOUS FREEDOM RESTORATION ACT ( RFRA) RFRA was enacted by the United States Congress in 1993. Its stated purpose was " to restore the compelling interest test as set forth in Sherbert v. Verner . . . and to guarantee its application in all cases where free exercise of religion is substantially burdened . . .." Accordingly, RFRA prohibited government from substantially burdening a person's exercise of religion unless it could demonstrate that the burden "( 1) [ was] in furtherance of a compelling governmental interest; and ( 2) [ was] the least restrictive means of furthering that compelling governmental interest." Congress rejected an attempt to exclude prisons from RFRA's coverage. RFRA was a direct response to the United States Supreme Court's decision in Employment Division v. Smith, 494 U. S. 872 ( 1990), a case in which free- world members of the Native American Church, whose religious practices included ingesting peyote for sacramental purposes, were denied unemployment benefits when they lost their jobs because they had used peyote in violation of an Oregon statute of general applicability which made the use of peyote criminal. The Smith plaintiffs urged the Supreme Court to decide the case in accordance with the test set forth in Sherbert v. Verner, 374 U. S. 398 ( 1963)' under which the Court would have to determine whether the statute substantially burdened a religious practice and, if so, whether the burden was justified by a compelling governmental interest. The Supreme Court declined to apply the Sherbert test, stating that: [ G] overnment7s ability to enforce generally applicable prohibitions of socially harmful conduct . . . cannot depend on measuring the effects of a governmental action on a religious objector's spiritual development. To make an individual's obligation to obey such a law contingent upon the law's coincidence with his religious beliefs, except where the State's interest is ' compelling' . . . contradicts both constitutional tradition and common sense. Accordingly, the Supreme Court in Smith held that neutral, generally applicable laws which happen to place a burden on religious exercise do not have to be supported by a compelling governmental interest. Prior to the enactment of RFRA, inmate claims of religious infringement by prison policies and practices were decided under the test set forth in the Supreme Court cases of 0 ' Lone v. Shabazz and Turner v. Safley. In essence, this test requires that prison officials show only that the policy or practice in question furthers some legitimate penological interest. Under this test, a number of religious challenges by inmates were defeated prior to RFRA. With the passage of RFRA, some of these previously decided issues were again raised and in the process of being relitigated. For example, prior to RFRA our policy prohibiting inmate beards was upheld against challenges that the policy violated certain religious beliefs and practices. After RFRA, judges in several cases challenging this policy on religious grounds issued temporary injunctions, pending resolution of the case, enjoining the ADC from enforcing the policy against the inmate- plaintiffs. In June 1997, in the case of City of Boerne v. Flores, the Supreme Court held RFRA to be unconstitutional. The Court undertook an analysis of Congress' constitutional powers and concluded that Congress, in enacting RFRA, had violated the separation of powers doctrine. The Court held that while Congress is empowered to enact legislation to remedy or prevent constitutional violations, it does not have the power to determine what constitutes a constitutional violation. The Court noted that RFRA was just such an attempt: RFRA is so out of proportion to a supposed remedial or preventive object that it cannot be understood as responsive to, or designed to prevent, unconstitutional behavior. It appears, instead, to attempt a substantive change in constitutional protections. As a result of the Supreme Court's ruling in the Boerne case, inmate religious claims will again be analyzed under the Turner/ OILone test, and the Department expects that it will be able to successfully defend these religious claims. For example, shortly after the Supreme Court's ruling in Boerne, a case that was moving toward trial under RFRA on the issue of the Department's policy prohibiting the wearing of headbands was dismissed by the trial court. RFRA had little impact upon the manner in which this Department conducted its inmate religious affairs. The Department has always recognized the significance of the inmates' free exercise of their religion, and has sought to insure accommodation of the requirements of the inmates' various faiths to the extent that such accommodation is consistent with sound correctional practices. Because of this approach, there was no need to make significant policy changes after RFRA was enacted. The only change made was to require that RFRA issues be referred to the Department's Administrator of Pastoral Activities. Inmates, however, apparently believed that RFRA should have had a much greater impact. They continually cited RFRA as the reason for making often outrageous religious requests, and then seeking to litigate when these requests were denied. In their view, RFRA would permit such things as co- habitation, inmate- created religions prohibiting work, and religious protection for all monies earned or received by the inmate. Under RFRA, some of these claims were able to survive dismissal by the courts. Just as the enactment of RFRA resulted in no significant policy changes, it is anticipated that the recent Supreme Court decision in Boerne also will not result in any such changes. The Department will continue to consider inmates' requests for religious accommodation in the light of legitimate concerns about the safe, secure, and orderly operation of Arizona's prisons. LEGAL ACCESS Gluth v. Kangas is a 1984 case in which the court, having held that the Department was in violation of the " access to the courts" rights of inmates at the Central Unit in Florence, appointed a special master to recommend the injunctive relief that should be entered to correct the violation. The special master's recommendation was ultimately adopted by the court and set forth in a 20- page Order. Among other things, the Order: Required Extensive Law Libraries; Designated the days and hours of operation of the law library; Required that inmates be permitted a minimum of 10 hours per week in the law library; Required that ADC provide, maintain, and train a " sufficient number" of inmate law clerks, including Spanish speaking, to assist inmates in using the law libraries; Required ADC to provide " at least one full- time professionally trained librarian at each law library with adequate secretarial support"; Required ADC to provide a detailed 60- hour training program for legal assistants; and Required ADC to " minimally [ maintain] a one- to- five ratio of electric typewriters- to- law library capacity" and to cover such typewriters " by a service contract or other professional repair system." In the 1990 case of Casey v. Lewis, inmates sought to expand the Glurh injunction to cover all of Arizona's prison facilities and units. In 1992, following a trial on the issue, the district court judge found against the Department and, having expressed his belief that the appropriate remedy would be to apply the Gluth injunction system wide, appointed the Gluth special master to determine what modifications, if any, to the Gluth injunction were appropriate. Although the injunctive relief recommended by the special master, and ultimately adopted by the district court judge in October 1993, was substantially the same as in Gluth, it additionally required, among other things, Pacific Reporters and Digests, self- help manuals, materials on immigration law, and a recent Arizona Bar Directory be included as a part of every prison law library. On appeal, the Ninth Circuit Court of Appeals affirmed the district court's ruling. The Department's Petition for Writ of Certiorari asking the United States Supreme Court to review the case was granted in June of 1995. Oral argument before the Supreme Court was held in November 1995, and in June 1996 the Court issued its opinion reversing the district court's decision and remanding the case to the district court for further proceedings. Critical findingslholdings made by the Supreme Court are as follows: Any previous court cases " suggest[ ing] that the State must enable the prisoner to discover grievances, and to litigate effectively once in court . . . [ are] now disclaim[ ed]." An inmate's right of access to the courts is violated only if it is shown that the alleged deficiencies of a prison's library facilities or legal assistance program caused " actual injury" to the inmate. An inmate shows " actual injury" if he can " demonstrate that a nonfrivolous legal claim had been frustrated or was being impeded." The two isolated instances of actual injury identified by the district court " were a patently inadequate basis for a conclusion of system wide violation and imposition of system wide relief." The district court injunction was " inordinately - indeed, wildly - intrusive" and " is a model of what should not [ be done]." Inmates are not guaranteed " the wherewithal to transform themselves into litigating engines capable of filing everything from shareholder derivative actions to slip- and- fall claims." They must be provided only those tools needed " to attack their sentences, directly or collaterally, and in order to challenge the conditions of their confiP e ment. Impairment of any other litigating capacity is simply one of the incidental ( and perfectly constitutional) consequences of conviction and incarceration." "[ Tlhe Constitution does not require that prisoners ( literate or illiterate) be able to conduct generalized research, but only that they be able to present their grievances to the courts." " Local experimentation" with respect to assuring inmate access to the courts should be encouraged and the Courts should defer to the decisions of prison administrators. " One such experiment might replace libraries with some minimal access to legal advice and a system of court- provided forms . . . that ask[] the inmates to provide only the facts and not to attempt any legal analysis." The Department, taking the Supreme Court at its word, devised a system that would eliminate the extensive use of law libraries and, instead, would rely on the use of contract paralegals and limited reference materials to assist inmates in preparing factual, plain- English complaints for filing with the courts. The affirmative assistance to be provided under this new system, which went into effective on August 4, 1997, extends only to those actions involving direct appeals from the inmates' criminal conviction, Rule 32 post- conviction relief actions, habeas corpus actions, and $ 1983 civil rights and conditions of confinement cases. For any other type of claim, the inmate is on his or her own and may proceed in the matter pro se or retain an attorney to assist. The old system required the Department to provide extensive law libraries and to pay inmates to serve as law library clerks. This system cost the Department millions of dollars to set- up and over $ 665,000 per year to maintain. Under this system, the Department was providing affirmative assistance to inmates beyond the filing of a complaint - assistance was available to allow inmates to conduct generalized research and to effectively litigate any and all types of legal claims. The Department estimates that the new system, which reduces the space needed to operate the program and streamlines the affirmative assistance to be provided in connection with the inmates' access to the courts rights, will cost approximately $ 513,000 per year. The closing of the law libraries on August 4, 1997 has permitted us to use the space for other activities and, in new prisons, to avoid the cost of the space that had been dedicated to this program. Inmates are now offered assistance from trained paralegals, and have access to limited, but adequate references, such as legal forms and self- help books. The Department is carefully managing and monitoring implementation of the new system. A video tape was produced for use in educating the inmates, staff, and the public about the system. A system wide training program was undertaken, and a presentation about the system was made to a group which included the Presiding Superior Court Judges and at least one Arizona Supreme Court Justice. In addition, each prison unit is required to submit weekly reports about problems encountered and the steps taken to resolve those problems. The inmate requests for paralegal assistance, which are submitted to designated staff, are copied to a Monitor that has been hired specifically to oversee the system to ensure compliance by staff and the paralegal contractors with the policy and paralegal contract. Corrective action is being taken, as needed, to ensure that the system operates consistent with the Supreme Court's decision in Lewis. The old law books and reference materials were offered in an Invitation For Bid and public sale. The Department sent out invitations to 161 vendors who may have had an interest in bidding on some or all of the materials. Unfortunately, the Department received only 5 responses, and all of them indicated they were not submitting a bid. Currently, the Department is considering the various options that may be undertaken, pursuant to the Procurement Rules. At present, the materials are in storage, protected from the elements. It is the Department's intent that their contents be sold by the end of September 1997. The proceeds from books that are sold will be distributed according to the pro rata share as depicted by the historical records that are available. These records reflect that Inmate Activity and Recreation ( A& R) funds were used to purchase less than half of all of the materials ( approximately 47%). Funds received from any sale will be deposited in the A& R account and the balance that were purchased with budgeted state funds ( approximately 53%) will be deposited in the State's General Fund. INMATE ESCAPES The last escape occurred from the private DUI prison. ASP- Phoenix West. on April 28, 1996. The Department has stressed the importance of security in the newly revised Performance Audit System which is used to inspect the Prisons. The table below reviews the escapes from custody since 1980. 4 Year to date inmate population. ESCAPES FROM THE CUSTODY OF THE Calendar Year 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1 9974 ARIZONA DEPARTMENT Escapes 74 109 6 1 7 3 66 64 5 0 40 28 29 12 24 20 12 32 9 14 0 OF CORRECTIONS Ending Population 3,859 4,999 5,991 6,984 7,388 8,623 9,53 1 1 1,275 12,580 13,368 14,313 15,464 16,572 17,968 19,863 21,190 22,697 23,795 Escapes Per 1,000 Inmates 19.2 21.8 10.4 10.5 8.3 7.4 5.3 3.6 2.2 2.2 0.8 1.6 1.2 0.7 1.6 0.4 0.6 0.0 |