Expand the operational flexibility of the Youthful Offender System (YOS) program in the Department of Corrections; clarify the time credits that are awarded in YOS cases when a revocation occurs; address issues regarding payment of certain fees in YOS cases; and modify training requirements for DOC staff who work with inmates that are placed in YOS facilities.

 

Specifically, modify the following provisions in statute:

1) Delete in 18-1.3-407 (2)(a)(IV)(a.5) the prescriptive programming language;

2) Amend "may" to "shall" in 18-1.3-407 (2)(a)(IV)(b) regarding time credit;

3) Amend 18-1.3-407 (3.3)(c)(I) regarding placement in YOS Phase II;

4) Add "OR DESIGNEE" in 18-1.3-407 (3.5) regarding staff transfers to reflect current practice;

5) Amend 18-1.3-407 (3.5) to allow flexibility regarding staff training requirements;

6) Delete 18-1.3-407 (11) regarding district attorney data collection; and

7) Amend 18-1.3-407 (11.5)(a)(I) and (c) to clarify court cost payments.

 

[See the "Recommendation Text" for the specific Proposed Statutory Revisions.]

Encourage the General Assembly to provide funding to the DOC to develop or expand an intensive residential treatment program for inmates who have relatively short sentences who are assessed to need that level of treatment.

Increase treatment resources at DOC.

Using the Level of Supervision Inventory-Revised (LSI-R) and other tools as appropriate, DOC shall conduct a comprehensive risk/needs assessment of each offender prior to release for the development of a case plan. This plan will form the basis of providing vouchers (or other approved mechanisms) that assist the offender in accessing immediate services, including housing, medication (for example, insulin), mental health services, addiction treatment, and related programs.

Develop an efficient system for transferring an offender from DOC institutional custody to the custody of community corrections and/or parole supervision.

Because the research is conclusive that stable and meaningful employment is critical to recidivism reduction, the Department of Corrections should work with the Department of Labor and the Division of Vocational Rehabilitation, private businesses, trade unions, along with city, county, state and private employers to expand the number and scope of vocational programs offered in prison, and to ensure that the job skills offered by these programs are relevant and transferable to the current job market. Job placement and job readiness programs should be added in the Department of Corrections, and should be a priority for offenders approaching their release date. A focus on creating jobs for individuals coming from the Department of Corrections should be a priority for the collaborating entities.

Upon request and as appropriate, job supervisors at the Department of Corrections should be encouraged to write job recommendations for individuals being released from incarceration.

Commission supports the Department of Corrections' effort to expand parenting and bonding programs.

Since implementation of evidence-based practices requires the reallocation of existing state resources, and because research shows that incentives are a powerful and important method to modify behavior, business practices should be amended to accomplish the following:

 

To allow for enhanced release planning and services,  DOC case managers, time computation staff, and members of the parole board should schedule for release a certain category of offenders up to 60 (class 4 and 5) or 30 days (class 6) prior to MRD. This earned release time is available for individuals serving a sentence for non-person conviction crimes* who meet the following criteria:

Those individuals released in this manner will be classified by DOC as earned releases (not discretionary or mandatory releases). The parole board retains discretion over the final release decision.

 

Note that additional earned time will move up the date that the individual becomes eligible for community corrections, and this may reduce the size of the prison population. Any savings that results from the application of earned time from these changes in practice should be placed in a designated fund for recidivism reduction programming.

The Commission supports efforts by the Department of Corrections to expand existing apprenticeship programs.

Post secondary educational opportunities should be expanded for both inmates and staff.

Any statutory impediment to inmates' access to or funding of post-secondary education should be eliminated.

Encourage the General Assembly to provide funding that promotes partnerships between local and state public or private entities for the construction on publically owned lands of multi-purpose correctional supervision and re-entry facilities.

The Commission requests that the Department of Corrections develop and implement a standardized policy regarding early terminations of parole and require parole officers to submit such requests to the parole board when a parolee has served at least half of the parole period and has met other risk reduction benchmarks. In addition, the Department of Corrections should provide data on the numbers and decisions of early termination requests to the Division of Criminal Justice. The Commission further requires that such request comply with the Victim's Rights Act.*