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Governor’s Executive Order Hurts California Working Families and Public Safety

Tim-Salyer.gifBy Tim Salyer
President
California Therapeutic Communities (“CTC”)

On July 31, 2008, representatives from the California Department of Corrections and Rehabilitation (“CDCR”) Division of Addiction and Recovery Services (“DARS”) notified providers of in-prison substance abuse programs (“SAP”) that, due to Governor Schwarzenegger’s signing of the Executive Order, all in-prison treatment programs in 30 of our state’s prisons will be temporarily suspended. Because of this suspension, treatment staff was notified that they were NOT to return to work and that their pay was indefinitely suspended.

The Executive Order is having a devastating effect on the rehabilitative efforts of CDCR and the contracted non-profit and for-profit companies that provide substance abuse services in prisons. Already, hundreds of employees, mostly in the Central Valley, have been laid off and the companies they worked for are losing hundreds of thousands of dollars every week. While the Executive Order was implemented to help save California money, it will end up having the opposite effect as unemployment numbers swell and businesses throughout the state will cease to exist.

Further problems are sure to ensue. The rehabilitative services that are provided by CTC member companies have become very effective in reducing both the return to custody (recidivism) rate and the overall population of the California prison system. Without these services, we can expect a rise in recidivism and the prison population, which will end up costing the state even more. Recidivism rates dropped dramatically for those completing in prison and post prison community based programs – less than 28% return to custody.

We believe the CDCR interpretation of the Order is erroneous. The Order states:

“…all State agencies and departments under my direct executive authority take immediate action to terminate the services of the following four (sic, “six”) categories of employees and individuals: (1) Retired Annuitants; (2) Permanent Intermittent Employees; (3) Seasonal Employees; (4) Temporary Help Workers; (5) Student Assistants; and (6) individuals providing services under contract, except for services provided pursuant to multi-year contracts for development of Information Technology projects.”

This order does not appear to apply to private organizations under contract for inmate and/or parolee rehabilitative services as has been inferred by CDCR/DARS.

The immediate impact of shutting down these in-prison programs overseen by the DARS is:

• Termination of rehabilitative services to nearly 8,000 inmates. These inmates will then be without assignments, which will increase their time in prison.
• Volunteer inmates will lose their trust in the treatment programs.
• Relationships between the treatment providers take years to develop, and these will be disrupted.
• It takes a long time to create a therapeutic treatment culture, and this will need to be done anew when contracts resume.
• It will take months to replace lost staff, and the new staff will need to be trained at the state’s expense.
• About 50% of in-prison program participants volunteer for aftercare. This population would be lost in the wake of suspended services.
• The other 50% of the population, which is legally mandated to aftercare, would not be able to comply. This possibility would open the door to further lawsuits against the state.
• Many parolees served under CDCR contracts are mandated to do so by either the legislature or the courts, including Valdivia v. Schwarzenegger and Senate Bill 1453.
• Failing to provide these services exposes the State of California to further federal lawsuits.
• Other community-based providers will switch to more reliable contracts where their existence is not in jeopardy due to contract interruption.
• Nearly 2,800 counselors and case managers working on contracts with the State (and an unknown number working for community based providers have and will be laid off. These individuals will almost certainly apply for, and receive, unemployment, a direct economic impact on the state.
• Many of these individuals will move on to other careers and will make recruitment of qualified staff to provide rehabilitative services to inmates and parolees much more difficult. This will further hamper rebuilding the rehabilitative system of CDCR.

Finally, the CDCR/DARS interpretation of the Executive Order is premised on reducing the cash out-flow for the state. In fact, this interpretation will only worsen the cash position of the state. In the past, contractors have carried contract payments (through loans) until the state budget was passed and the current providers appear willing to accept delayed payment during this budgetary process to avoid disruption of parolee services. This is bad public policy and bad cash management.

A more appropriate solution to this problem is to ask the providers of these services to accept no payment until a budget is signed – and then receiving payment retroactively. In past years, during a budget stalemate, providers of in-prison treatment programs received delayed payments from the state.

We strongly urge the Governor to reverse the Executive Order and exempt in-prison rehabilitation programs to keep Californian’s employed, businesses intact and inmates continuing with much needed treatment!

Posted on August 21, 2008

Comments

Mr. Salyer, I am not sure what in prison SAP programs you are touting the success of, but you need to visit CSATF before you expound the virtues of SAP. This is not a 'theraputic community' it is a bunch of inmates warehoused, 8 to a 4 man cell with the SAP program consisting of poorly trained Walden House counselors 'talking' to large groups of inmates for 2.5 hours a day. The SAP counselors only have a 45 day program curriculum, so after 45 days they just repeat the material, for inmates doing 12-24 months that means they get the same material 'read to them' about 8-16 times. None of the normal elements of a theraputic treatment model are present in CSATF, no confrontation therapy, no individual therapy, no treatment plan, no contact with counselors after the 2.5 hour daily session. Look at some of the evaluations that UC has done that show what a huge failure the program is, they have found NO difference in recidivism rates for CSATF inmates as compared to inmates not in a SAP program, and have strongly advocated that CDCR follow a theraputic treatment model and quit placing inmates in the program against their will.
For an inmate with a 'serious felony prior' no matter how long ago it occured, there is NO incentive, no early release to DTF, nothing. CDCR places inmates in F&G yards (their flagship SAP program) involuntarily, it is so bad, and the reputation of the harsh and unfair treatment at CSATF so widespread that they can't get many inmates to 'volunteer' so they just randomly throw inmates into the 'program' many of them with no evidence of a drug or alcohol problem, they just 'fill beds'. G unit has been on lockdown for 21 out of the last 22 days. In my opinion the state could save alot of money by suspending SAP permanently and just giving these guys a job or something meaningful to do rather than lock them up 24/7. I really wish you would tour that facility before you wrote an article such as you did, talk to the inmates- ask them what they think of SAP, check the lockdown logs and come back and tell me how effective drug treatment is in a facility that is locked down 80% of the time...

Posted by: marie at August 21, 2008 01:48 PM

Mr. Slayer yes SAP prgrams do work and it is O.K. that we dont save every inmate from a continued life of addiction. However Marie can you put a price on a victom of a violent crime? You see for just one inmate not returning to a life of crime that is one less house broken into or one less rape. Some of the SAP programs have a mandated population and yes that makes it very difficult to provide treatment but you do end up with a group that becomes successful and productive. On the other hand some programs are volintary and extreemly successfull. So Marie before you take judgment on all incustody SAP programs I suggest you further your reserch.

Posted by: Z at August 22, 2008 09:59 AM

While it is true we can't and don't save every inmate who enrolls or is mandated to a SAP or aftercare program - I have worked in this initiatve since 1991, when there was only one SAP (today there are over 30) and a great number of the programs have produced unprecendented outcomes in terms of reducing recidivism; (often with outcomes below 20 and 30 percent). It is not fair to access the entire initiative on the SATF at Corcoran which is a level four institution-and a challenging prison to do substance abuse treatment in. Bottom line....nearly all incarcerated individuals in California will eventually parole - aside from the financial benefits of reducing recividism - there are the moral and public safety benefits which far outweigh the costs. Even if recidivism is reduced by 10 or 20 percent - that means our streets are safer and that as many families are reunified and most importantly, the children of these individuals do not become the second and third generation inmates and substance abusers. for the most part, those who work in the prison and aftercare programs are not in it for the money, but rather the dedication and comittment to helping people stay off drugs and out of prison; many of them barely get by on the wages they do earn and are heroes for having the courage to do the work that most people don't even want to think about.

Posted by: Denise at August 22, 2008 11:26 AM

I was quite clear that I was referring to F&G yards in SATF which by the way, are not level 4 yards, they are level two yards with some level one inmates housed there. Would you like me to post the studies that have been done that show what an abject failure SAP has been in SATF? I would be glad to do so. I am stating a simple truth, the SAP program, at least in SATF is poorly managed, what part of that is the fault of the provider, and what part is the responsibility of CDCR administration I will not even speculate on, but the fact remains, the program is a failure, it does not incorporate the modalities which have been proven to be integral parts of effective substance abuse treatment, inmates have no incentive for participation, and they are on lockdown most of the time. If that is the fault of CDCR, then it is the moral and ethical responsibility for Walden House to address the issue with CDCR rather than just sending counselors there so that they can make money off of the deal. If you are concerned, why not call CDCR yourselves and try to get to the bottom of what is going on in SATF, don't shoot the messenger. And while I was not going to post a 'follow up' to my first post, I do have a question for Mr. Salyer, could you tell us about your organization? Is it, as I suspect, a lobbying organization for the corporations who provide in prison substance abuse services?
And for the other two posters- could you reference the 'astounding successes' of California SAP programs? Because no independent researcher seems to agree...The only program with any demonstrable success was Amity in RJ Donovan which was a completely voluntary program...
I stand by my initial remarks, the SAP program as it exists at CSATF does not serve the public or inmates well, it is a huge waste of money, those inmates would probably have a lower recidivism rate if they were put into vocational programs where they could learn marketable work skills.

Posted by: Marie at August 22, 2008 04:23 PM

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