MINUTES OF THE JOINT MEETING OF

      SENATE COMMITTEE ON FINANCE

      AND

      ASSEMBLY COMMITTEE ON WAYS AND MEANS

 

      Sixty-seventh Session

      February 19, 1993

 

The joint meeting of the Senate Committee on Finance and the Assembly Committee on Ways and Means was called to order by Chairman William J. Raggio, at 8:00 a.m., on Friday, February 19, 1993, in Room 119 of the Legislative Building, Carson City, Nevada.  Exhibit A is the Meeting Agenda.  Exhibit B is the Attendance Roster.

 

SENATE COMMITTEE MEMBERS PRESENT:

 

Senator William J. Raggio, Chairman

Senator Lawrence E. Jacobsen

Senator Diana M. Glomb

Senator William R. O'Donnell

Senator Matthew Q. Callister

 

ASSEMBLY COMMITTEE MEMBERS PRESENT:

 

Mr.  Morse Arberry, Jr., Chairman

Mr.  Larry L. Spitler, Vice Chairman

Mrs. Vonne Chowning

Mr.  Joseph E. Dini, Jr.

Mrs. Jan Evans

Ms.  Christina R. Giunchigliani

Mr.  Dean A. Heller

Mr.  David E. Humke

Mr.  John W. Marvel

Mr.  Richard Perkins

Mr.  Robert E. Price

Mrs. Myrna T. Williams

 

SENATE COMMITTEE MEMBERS ABSENT:

 

Senator Raymond D. Rawson, Vice Chairman (Excused)

Senator Bob Coffin

 

ASSEMBLY COMMITTEE MEMBERS ABSENT:

 

Ms. Sandra Tiffany (Excused)

 

GUEST LEGISLATORS PRESENT:

 

Assemblyman John Carpenter

Assemblyman Marcia de Braga

 

STAFF MEMBERS PRESENT:

 

Dan Miles, Fiscal Analyst

Mark Stevens, Fiscal Analyst

Bob Guernsey, Principal Deputy Fiscal Analyst

Gary Ghiggeri, Principal Deputy Fiscal Analyst

Dee Crawford, Committee Secretary

Dale Gray, Committee Secretary

 

OTHERS PRESENT:

 

Gerald Adams, Fire Marshal, North Lake Tahoe Fire Protection         District, Incline Village, Nevada

Ron Angelone, Director, Department of Prisons

Dave Ayoob, Chairman, Board of Commissioners, Pershing County

Robert Baker, Citizen, Lovelock, Nevada

Robin Bates, Chief, Classification and Planning, Department of        Prisons

George Boucher, Elko County Manager

Brenda Burns, Warden, Northern Nevada Correctional Center,           Department of Prisons

Ken Carpenter, President, Nevada State Firemen's Association

John Chachas, Chairman, White Pine County Commissioners

Lee Chapman, Elko County Commissioner

Dan Daly, Civil Engineer, State Public Works Board

George Deeds, Warden, Southern Desert Correctional Center,           Department of Prisons

Reverend Wiley Deiss, Wells Baptist Church and Volunteer Chaplain    at the Wells Honor Camp.

Paul De Lorey, Fire Chief, Tahoe Douglas Fire Protection District

Bill Driscoll, Fire Chief, East Fork Fire and Paramedic              District

Michael Fondi, District Judge, Chairman of the Legislative           Committee for the Nevada District Judges' Association

Bob Gagnier, Director, State of Nevada Employees Association

Lee Griswold, Mayor, City of Carlin

Tom Grady, Executive Director, Nevada League of Cities

Bob Hadfield, Executive Director, Nevada Association of Counties

Leon Hardison, Warden, Rural Camps and Southern Nevada Correctional    Center, Department of Prisons

Sherman Hatcher, Warden, Ely State Prison, Department of Prisons

John Ignacio, Warden, Nevada State Prison, Department of Prisons

George Kaiser, M.D., Medical Director, Department of Prisons

Former State Senator Floyd Lamb, Commissioner, Lincoln County

Miles Long, Warden, Nevada Women's Correctional Center, Department    of Prisons

Jo Ann Malone, Mayor, City of Ely

Judy Matteucci, Director, Department of Administration

Hugh Montrose, Mayor, City of Lovelock

John Neill, Fiscal Services, Department of Prisons

Mike Nolan, Medical Administrator, Department of Prisons

Dave Sarnowski, Chief Deputy Attorney General, Office of the          Attorney General

Howard Skolnik, Assistant Director, Prison Industries, Department    of Prisons

Lowell (Lody) Smith, Retired Nevada State Forester

Bob Sorensen, City Manager, Tonopah, Nevada

Tom Stephens, Secretary-Manager, State Public Works Board

P. Forrest (Woodie) Thorne, Deputy Budget Administrator, Department    of Administration

George Yan, Mayor, City of Wells

 

Senator Raggio announced Senator Raymond D. Rawson and Ms. Sandra Tiffany were excused. Ms. Christina Giunchigliani was also excused, but arrived at the hearing at 9:50 a.m. Senator Bob Coffin was absent from the meeting.

 

Dan Miles, Fiscal Analyst, distributed Exhibit C, Legislative Counsel Bureau Fiscal Division, Comparative Revenue Data, 2 Percent Sales and Gaming Percentage Fees, to the committee. Mr. Miles explained the December business sales tax was at an ll.8 percent collection factor, bringing year-to-date sales tax collections to 8 percent. The gaming tax was only 2.6 percent, he reported, bringing year-to-date collections to 6.3 percent for the business period.

 

Ron Angelone, Director, Department of Prisons, introduced George Deeds, Warden, Southern Desert Correctional Center, Department of Prisons, to the committee. Mr. Angelone stated Warden Deeds, for the past 25 years, has been employed by the Department of Prisons and has performed in an exemplary manner. Mr. Angelone announced Warden Deeds will retire on May 2, 1993 and expressed his most sincere appreciation for his dedication and years of service. Warden Deeds received a standing ovation.

 

Senator Raggio thanked Warden Deeds for his dedication on behalf of the State of Nevada.

 

Forestry Honor Camps - Page 1584

 

Mr. Angelone provided a synopsis of agency activity over the past 2 years. He declared:

 

      ...In February l99l, I came to you and received $89.9 million for FY [Fiscal Year] l992 and $92.9 million for FY l993.  In January l992, the Department of Prisons [DOP]...was asked to cut the FY 1992 budget. In the DOP, that was $4.6 million and to also cut the FY 1993 budget in the DOP, that was $6.9 million....In December l992...the department was still not reaching its budgeted shortfalls, and I had to make more decisions on down-sizing the DOP.....This fiscal year, I was approved $92.9 million in l99l, yet I come to you today and ask for only $85.9 million for FY 1994 and $87.1 million in FY 1995....

 

      I do remember you asking, back in l99l, do you really need all the money to run the prison system and, if so, do you need more to run the prison system safely. The first question was answered with a strong yes. The second was answered with a weak no. Both answers were truthful....

 

Mr. Angelone explained the agency's program for FY 1994 and FY 1995, based on the reduced budget, is to close seven conservation honor camps in the state and to reopen the Southern Nevada Correctional Center.  Also, the plan must incorporate a Facilities Capacity Act (FCA), "to ensure public safety, staff safety and inmate safety are achieved throughout the biennium," he proclaimed.

 

Continuing, he explained:

 

      When I presented this plan to the Governor, his answer was not no, it was hell no! Until he was told, then shown, that the only other safe plan was to increase the department's budget by $l6 million and to increase NDF [Nevada Division of Forestry] budget by $6.6 million, for a total of $22.6 million. I know there are concerned citizens here today to be heard....I know you plan to listen and...so does the department.

 

      This plan is driven by economic problems of the state with an understanding that public safety is paramount, no matter what the cost. This plan meets both the economic problems and the maximum public safety demand. I have looked at all other possibilities and I can only say this plan is the safest for the state, the one that meets the demand for lower budget projections and one I can defend successfully in any court system in the land.

 

Mr. Angelone reiterated the agency is working within a budget of $85.9 million. "When we looked at that, we realized that we do not have enough money in that budget to exist, with the current population as it is today...." he declared.

 

Mr. Angelone distributed Exhibit D, memorandum dated February l6, l993, (Exhibit D - Original on File in the Research Library) to the committee. He explained the FCA is a mechanism to control the size of the prison population by releasing inmates when predetermined capacity levels are reached. It is designed so that, when invoked, it applies sentence credits to only those inmates who are closest to an unconditional discharge of their sentence. It does not affect parole eligibility, except to the extent that it may cause an inmate with a short sentence to be discharged before becoming eligible for parole.

 

The FCA does not discriminate on the basis of custody classification or offense, Mr. Angelone explained.  The single consideration is proximity to discharge date.  It first looks at inmates who are within 1 day of discharge and gives them two sentence credits, and so on.  It stops awarding sentence credits when the desired capacity level is reached, he emphasized. Male and female inmates have separate institutions, separate capacities and would thus be looked at separately under this act.  The DOP has proposed that the FCA be invoked whenever the male or female inmate population reaches 98 percent of the emergency capacity threshold.  It would remain in effect until the population dropped to 96 percent, he clarified.

 

Mr. Angelone explained the simulation model used by the DOP to invoke the FCA.  He declared the simulation was based on custody classification type. If the population were to be reduced by 200 and 500 inmates, respectively, on both simulations, it was noted the releases had a similar composition.  Approximately 63 percent were from minimum custody, 37 percent were from medium and close custody combined.  For purposes of preparation of the Governor's Executive Budget, Mr. Angelone explained it was assumed that, at any given time, the mixture of inmates would be similar to this referenced scenario.

 

It was explained to the committee that a release of l00 inmates, for example, would include about 63 from conservation camps and 37 from institutions. The FCA would affect minimum custody inmates at a higher percentage rate because they are, by statute, close to release before they receive minimum custody status. The fact that 37 percent of the releases would be from medium and close custody reflects the fact that proximity to release is not the sole criteria for minimum custody, he avowed.

 

Continuing, Mr. Angelone described using a simulation model date of November l6, it would be necessary to award up to 60 days of credit in order to accomplish 200 simulated releases.  The first inmate to be released in this simulation would be only 1 day from scheduled discharge. The 200th inmate to be released in this simulation would be 60 days from scheduled discharge. All of the inmates in this simulation would have been released on discharge within 60 days of November l6, he stated. "Their release, with or without the influence of the FCA, was an inevitable...reality," he opined.

 

Continuing, he explained, the 500 simulated releases required as many as l50 days of sentence credits for some inmates.  Thus, a release of 500 inmates, under the FCA, may shorten some sentences by as much as 5 months. In reality, he concluded, the FCA releases would occur over a period of 24 months, so the sentence credits given to the 500th released inmate would probably be less than demonstrated in the simulation, whereby 500 inmates were released simultaneously.

 

In conclusion, Mr. Angelone maintained, "When we added this faction to our budget projections, we were able to say we could reach an $85 million budget, successfully keep hardened [inmates] behind prison fences and release those inmates closest to being released in the near future."

 

Continuing, he proclaimed:

 

      This is not the Department of Prison's best program. It is the Department of Prison's only [emphasis] program. With $85.9 million inmate-driven costs going up every day, inflation, 2 years of merit increases, salary increases, I come to you from $92 million and ask for $85 million. Economic problems have driven what the prison has to do to provide the ultimate public safety, but meet its economic responsibility....

 

Exhibit E, Nevada Honor Camps, (Exhibit E - Original on File in the Research Library) was distributed to the committee.

 

Assemblyman Marcia de Braga stated she has received "literally hundreds of letters and phone calls from people in my district, and many more from others all across the state, opposing the closing of the honor camps." She declared the conservation honor camps have become a vital part of the rural economy, enabling many counties to provide services to its citizens that would otherwise be unaffordable. Ms. de Braga strongly urged the legislature "to continue this very valuable program."

 

Assemblyman John Carpenter testified if the honor camps are closed "we are going to take a giant step backwards in our penal system...." He proclaimed the honor camps also provide the opportunity to the inmates to learn work ethics. He opined that within a few years, Nevada will ultimately have to reopen the honor camps anyway because "Nevada is hard on crime...." Mr. Carpenter opined releasing prisoners before completion of their sentences would discourage the law enforcement community. Concluding his testimony, Mr. Carpenter suggested:

 

      There's a source of revenue out there that can be used for this program to keep it open, and perhaps to add to other programs that we know have been cut in the state. That is to reopen the Beatty low-level waste disposal site. This site...was closed the first of January. Last year it contributed more than $l8 million to the state coffers....The U.S. [United States] Ecology has committed that if this site could be reopened, and just stay open to July l994, they would commit $20 million to the State of Nevada....If they were allowed to stay open for 2 years, we could probably get at least $40 million. We'd have enough money for this program, plus other programs that we know are short of funds. I know the Governor has strong feelings about opening this site up, but it's a necessary thing....

 

Lowell (Lody) Smith, Retired Nevada State Forester, distributed Exhibit F, Honor Camp Closure Point for Discussion, to the committee. Mr.Smith expressed his pride in having a major role in the inception, l6 years ago, of the camps. He spoke in support of 60 employees at the Nevada Division of Forestry (NDF) who would be laid off if the honor camps were to be closed. He declared:

 

      These are not your common employees...their activity is out with an inmate crew in the snow, digging out fire hydrants....Also, in the summertime, these are the ones with full fire gear, carrying a heavy pack in some of the most rugged terrain in the United States, hiking into fires and then spending days on those fires eating out of a can and sleeping on the ground....These are the employees that have made the program work....

 

Mr. Smith distributed Exhibit G, letters in protest of closing the honor camps, (Exhibit G - Original on File in the Research Library) and avowed:

 

      ...It was very difficult for us to go into those small communities and talk to those folks and say listen, we would like to put an honor camp in your vicinity with l50 inmates in it....There was a lot of people that really strongly objected. But in your packets, [Exhibit G], you will find letters from those very same folks that are saying, now, that it is a very successful program.... 

 

Mr. Smith pointed out the Nevada Division of Forestry is responsible for l0 million acres in the state. He explained a simulated fire scenario was programmed into the Nevada Division of Forestry computer. An attempt to compare the cost of a fire that occurred in the summer of l992, in Elko's Ruby Mountain range, was used in the simulated computer model. "The only variation was the delay of 8 hours in hand crew arrival. A dramatic change in the fire's final outcome was predicted," he asserted. The original fire consumed 2,960 acres with crews making the initial attack, he stated. With a computer simulated 8-hour delay in crew arrival, the fire size was predicted to be 53,592 acres. In conclusion, he cautioned, without the use of a prison conservation camp crew, an increase of 50,692 acres could be destroyed as a result of the simulated lapse in time.

 

Mr. Smith provided examples regarding the cost to use inmate conservation honor camp crews to suppress fires. He stated an outside fire crew of 20 professionals, for 8 hours, plus 8 hours of overtime pay and meals, would cost approximately $4,635 per crew shift.  In comparison, the cost of an inmate crew of 24 for l6 hours, plus 8 hours overtime pay and meals, would cost approximately $l,424. Mr. Smith declared the situation would be compounded by the fact outside crews are not always available to fight Nevada's fires. He cautioned, "Remember, these outside crews are hours, and sometimes days, away and, at times, are not available at all."

 

The Oakland/Berkeley Hills Fire brochure, (Exhibit H - Original on File in the Research Library), was distributed to the committee.

 

Mr. Price referenced Exhibit I, Nevada Appeal newspaper article regarding the honor camps, dated February l8, 1993, and requested it be made part of the record.

 

Senator Raggio indicated to the committee he personally received 300 letters in opposition to closing the conservation honor camps.

 

Mr. Marvel asked Mr. Smith what would happen to the park system without use of the honor camp crews.

 

Mr. Smith opined the parks would deteriorate.

 

Senator Callister referenced Exhibit E and pointed out the summary of the l99l community-related projects, and stated:

 

      I'd still like to get an itemization of how much the state benefits for preservation of state lands, or BLM [Bureau of Land Management] lands, or something we have an obligation for all the state to protect. That argument seems to me to be separate and distinct from the dollar value of localized programs and projects that have localized municipal kinds of benefits.

 

Mr. Dini provided the example the northern Nevada Veterans' Cemetery in Fernley would probably not be maintained without the honor camp crews from Silver Springs. Continuing, Mr. Dini mentioned:

 

      The philosophical thing is why we created the honor camps. Not only to do public works, but to take those prisoners...and put them into the honor camp, give them some work and teach them to get back into the mainstream of America by doing some work. I think that's the most important part of this thing....

 

Continuing, Mr. Dini explained:

 

      ...If you left Jean [Southern Nevada Correctional    Center], the way it is right now, in the budget for l993 it was $3.4 million. So you had that for 2 years. The cost of the camps to remain open in l994-1995 is $5 million to $5.5 million, total of $l7,846,000. If you take Jean and just restore it back to where it was, I think the net process is about $3.2 million for the 2 years...those are obtainable figures....It seemed to me like it's attainable and if we can stay with this program, I think the value of the program is not only to the locals, but the state generally in the release of these prisoners back into society.

 

Tom Grady, Executive Director, Nevada League of Cities, read from Exhibit E, and pointed out the contents of the exhibit are expressions of support to maintain the camps in the form of resolutions from cities and counties in Nevada, letters from communities and newspaper articles.

 

Mr. Grady urged the committee not to close the camps prematurely and suggested to coordinate efforts to protect the program which he opined was of benefit to all Nevadans.

 

Mr. Grady pointed out:

 

      ...I would recommend you read carefully, Mr. Angelone's briefing statement of February l2....It tells the FY 1993 prison population of 6,l77 with and including the l0 camps. FY 1995 projections of 7,096. Using his FCA, a simulation could release 500 inmates, using l50 days, or a 5-month credit. Thirty-seven percent of those released would not qualify for honor camps, yet they will be released into our community with no conditions and no supervision. Should the prison system be able to override our judges' sentences, I hope not....We will work with any committee to try and find solutions to this very important problem.

 

Bob Hadfield, Executive Director, Nevada Association of Counties, testified in favor of keeping the honor camps open. He expressed his concern regarding the long-term impact of the FCA. He pointed out the budget was not built on the projected inmates expected to enter the prison system, it was based on limiting and "setting an artificial goal for prison capacity....We're concerned because the only way those targets can be met, is by the early release of prisoners back into our communities...."

 

In summary, Mr. Hadfield stressed:

 

      ...We urge you to consider the long-term impact of the FCA and the camp closures....We have a stated public policy of being tough on crime. If it's our desire not to do that any more, let's address it from a system standpoint. Let's not take one part of the system and cut it off and say that's the solution. If we don't want these people to serve their sentences, then do we need to revise the laws and change the sentences? We need to look at this from a system perspective and that's what our association wants to see happen. We support that effort and we will work with you to achieve that....

 

Senator Raggio asked, "Does your position represent that of the Nevada Association of Counties?"

 

Mr. Hadfield replied, "Our position has been clearly stated with regard to taking an entire look at the system. We are the ones that are stuck paying the cost of the front end of the system and that does represent our position."

 

Senator Raggio continued, "And that includes the major counties as far as population is concerned? Clark and Washoe counties?"

 

Mr. Hadfield responded in the affirmative.

 

Senator Raggio requested the Sergeant at Arms to invite absent members of the committee to return to the hearing room.

 

Senator Raggio invited testimony from Michael Fondi, District Judge.  Judge Fondi declared he was also testifying as chairman of the Legislative Committee for the Nevada District Judges Association.  Although the association has not taken a vote on the issue, as chairman, Judge Fondi proclaimed he has been authorized to take a position when the need arises.  Judge Fondi opined the position of the association would be that the honor camps remain open. Commenting further, he pointed out the honor camps are one of the few institutions in the state that the communities in which they are placed receive something in return.  Judge Fondi stressed:

 

      ...Keeping people occupied...is a major problem in the prison system....There is plenty of work for them to do....When they don't have something to do, that's when the problems are created, that's when I start to see them from within, as opposed to from without....

 

Judge Fondi restated his position that the association is in favor of retaining the honor camps and emphasized the suggestion to eliminate the camps would not be a cost-effective expenditure of taxpayer money.

 

Mr. Perkins asked for comments from Judge Fondi regarding the FCA.

 

Judge Fondi responded he was troubled by the concept. He agreed with Messrs. Grady and Hadfield and stated:

 

      We're [judges] asked, by the populace in this state, to be tough on crime....When we impose sentences we believe are necessary and appropriate...we are doing so with full recognition of the fact that the sentence we impose is somewhat artificial because the sentence is infringed upon by mandatory release provisions, mandatory parole considerations....The FCA, that I have heard described today, concerns me a great deal because it is simply a numbers game and has absolutely nothing to do with who is being let go. There are some people who need to be individualized in that process and that's why we have a parole board. The parole board simply needs to take a better look at who, indeed, should be eligible and released after having the full benefit of classification criteria from the institutional system, to decide who is an appropriate risk in the community and who is not. I fully support the actions of the parole board that they have taken to date and I expect them to take in the future.

 

Senator O'Donnell recognized a presentence conference is conducted with an individual who is about to be incarcerated and queried whether judges confer with the prison system previous to sentencing.

 

Judge Fondi responded:

 

      Absolutely not. What we do, whenever we have someone convicted of a felony offense, is we are mandated by state law to get a presentence report, which is by statute. A 30-day time frame is allowed to provide that report, unless the person has been in the system within a 5-year period immediately prior to you seeing him or her again.

 

Judge Fondi explained the presentence report is an evaluation of the offending individual based upon their background, prior criminal offense and work history. The Department of Parole and Probation prepares a recommendation to the court regarding the disposition of the criminal, which may range anywhere from incarceration for a specified number of years, to probation with various terms and conditions.  Continuing, Judge Fondi disclosed:

 

      I can tell you, as a matter of course, that probably, I am more inclined in this time, because of the economic facts that we're confronted with, to put someone on probation and take a chance that they're going to make it, and be allowed to remain in the community, rather than lock them up and make them a tax upon the community. That hasn't been my philosophy in the past, but I recognize the need and the legislative direction in that regard and I figure we have nothing to lose, particularly in most cases, by giving probation as opposed to incarceration and let the person earn their way either back into society or into the prison....

 

Senator O'Donnell asked Judge Fondi if his attempts to properly sentence an individual for incarceration are frustrated because of the lack of facilities and "will they be, if this [the honor camps] closes?"

 

Judge Fondi responded:

 

      If this closes, yes. I've had a number of judges tell me, that if they had the...legal authority to do it, they would sentence people directly to camps, rather than into the system because of the nature of the inmate that they have.  Third offender, DUI [Driving Under the Influence] is a prime example, particularly one from out of the state, because they are not eligible for the in-state release program after they've been classified as an alcoholic and eligible for house arrest.  We have to incarcerate all third DUI offenders who come in...and they stay locked up for the duration of the time that is required.

 

Mr. Heller asked Judge Fondi about the deterrent of crime and asked if it was accomplished through the swiftness of justice as opposed to length of incarceration.

 

Judge Fondi responded:

 

      I don't think you can make statements like that, that have a great deal of validity across the board. Swiftness of justice certainly is desirable...but length of sentence is also very important because the people who get the lengthy sentences usually warrant them, they've earned them. We like to think when we impose those lengthy sentences, that they are meaningful and will basically keep somebody off the street, who is liable to victimize people again, and again, and again....

 

Judge Fondi expressed his opinion there was no truth in sentencing in the current justice system and declared, "When I impose a sentence, I am conscious of the fact that when I sentence someone to 4 years in prison, it doesn't really mean 4 years in prison. It means about a year, generally, and that's top-side. That concerns me a great deal."

 

Judge Fondi said he was appointed to the legislatively-created  commission to study sentencing guidelines of felons. The majority of the commission members felt, even though some members of the committee disagreed, that more discretion, rather than less discretion, in the sentencing responsibility of a judge should be granted to the judge. "I think the federal system has demonstrated this, that the federal district court judges are very unhappy with their mandatory sentencing guidelines they have to follow. But you have to have individual sentences with individuals, rather than the crimes they commit," he opined. For example, convicted burglars, who are convicted more than once, are required to be incarcerated, he pointed out. "The burglars cannot be granted probation and if they are convicted multiple times in other jurisdictions, and finally get to Nevada and commit a series of burglaries for which they find themselves in front of the court, we ought to be able to put that person away for the maximum period of time allowed by law..." he stressed.

 

Ken Carpenter, President, Nevada State Firemen's Association, came forward to testify. Mr. Carpenter introduced Paul De Lorey, Fire Chief, Tahoe Douglas Fire Protection District; Bill Driscoll, Fire Chief, East Fork Fire and Paramedic District; Gerald Adams, Fire Marshal, North Lake Tahoe Fire Protection District, Incline Village, Nevada, all of whom were in support of maintaining the prison conservation honor camp crews.

 

Mr. Carpenter proclaimed the Nevada State Firemen's Association urges the legislature not to eliminate funding for the prison conservation honor camp crews. "Volunteer fire departments exist...because of the sparse population, and long distances between rural Nevada communities, where it makes no economic sense to staff full-time paid fire departments," he avowed.

 

Former State Senator Floyd Lamb, Commissioner, Lincoln County, urged the committee to reconsider funding to maintain the conservation honor camp crews and distributed Exhibit J, 133 letters from Lincoln County residents in protest of closing the prison conservation honor camps. (Exhibit J - Original on File in the Research Library.)

 

George Boucher, Elko County Manager, distributed Exhibit K, written testimony, and testified in support of maintaining the necessary funding to support the prison conservation honor camp crews.

 

For the record, Mr. Boucher listed some of the 1992 Elko projects achieved by the inmates of the honor camps: campground and recreation site repair and maintenance; roadside cleanup; fencing of state highways; building and maintenance of fire equipment; building and maintenance of volunteer fire stations; services to senior citizens; construction and remodelling of museums and libraries; building and installation of playground equipment; cemetery maintenance; wildlife habitat creation and maintenance; and construction and remodelling of public facilities.

 

Lee Chapman, Elko County Commissioner, testified in favor of the necessary funding to support the prison conservation honor camp crews.

 

George Yan, Mayor, City of Wells, testified while referencing Exhibit L, written testimony, (Exhibit L - Original on File in the Research Library) in support of the prison conservation honor camp crews. Mr. Yan drew the committee's attention to Attachment 4, of Exhibit L, letter from Cindy Shepherd, Executive Director, Committee Against Domestic Violence [CADV], Elko, Nevada.  Ms. Shepherd's letter urged the committee to reconsider maintaining the budget to support the prison conservation honor camp crews. Her letter explained the goal of the CADV is the construction of Harbor House, a shelter for battered women and children. The CADV serves 850 victims and children and has been working toward the Harbor House objective for 2 years, at a cost of $200,000, Mr. Yan informed the committee. However, it was explained, with the in-kind prison honor camp labor donation, the cost of the facility could be reduced to $50,000. "Without this donation...we would be unable to build this shelter...," the letter stated.

 

Continuing, Mr. Yan referenced the FCA and pointed out the DOP is proposing the FCA would mandate an early release program to meet the standard of 96 percent of emergency capacity in each prison facility.  In order to achieve the required target prison population figure, he pointed out, the early release program may shorten the actual sentence of the inmates by 90 days, l20 days, or whatever is necessary to achieve the target figure.

 

Mr. Yan contended that, contrary to projections by the budget office, the cost savings to the DOP by closing the rural conservation camps and relocating the inmates to the Southern Nevada Correctional Center is a false savings. The average annual cost of housing each inmate in the conservation camps is $6,038, compared with the average annual cost in the correctional center of $l3,038, as outlined in Attachment 9 of Exhibit L.  The difference, Mr. Yan declared, is an additional $7,000 per inmate, per year. 

 

Lee Griswold, Mayor, City of Carlin, distributed Exhibit M, letter dated January 29, 1993 to Governor Miller, (Exhibit M - Original on File in the Research Library) in opposition to closing the prison conservation honor camps. Mr. Griswold referenced the lease- agreement, as outlined in Exhibit M. Mr. Griswold explained the City of Carlin is under a lease-agreement between the State of Nevada, through the Division of State Lands, to build and operate a conservation camp on city-owned property.  The duration of the agreement is from August l, l987 to August l, 2036. The City of Carlin is to be provided one honor camp crew daily, at a minimum of nine men, for public works projects in the City of Carlin, at no cost to the city. Mr. Griswold asserted if the conservation honor camp is closed and funds are diverted to make other prison facilities operational, under the terms of the lease, the City of Carlin would be eligible for damages.  He emphasized the City of Carlin has no desire to seek damages and would prefer that all parties adhere to the agreement.

 

Jo Ann Malone, Mayor, City of Ely, testified in support of maintaining the prison conservation honor camps. She distributed Exhibit N, 480 letters from citizens of Ely and White Pine counties in protest of closing the prison conservation honor camps, (Exhibit N - Original on File in the Research Library) to the committee for inclusion in the hearing minutes. Ms. Malone asked the legislature to also consider the loss of jobs, as well as public service, by closing the prison conservation honor camps.

 

John Chachas, Chairman, White Pine County Commissioners, testified regarding the concerns of the citizens of White Pine County on the subject of the proposed closing of the prison conservation honor camps.  He declared:

 

      ...Our constituents are reaping the direct benefits of tax dollars spent on these camps. Our board has listened to appeals brought before us by construction contractors voicing concerns about jobs being taken away from them because of use of camp labor. Once again, I go on record stating these projects would not be let out to competitive bidding because...we do not have the funding to pay for them....

 

In conclusion, Mr. Chachas stated, the honor camps located in the rural communities are part of the "surviving heartbeat" of those communities. "It is imperative this committee consider continued funding of those camps because that's our tax dollars...," he proclaimed.

 

Bob Sorensen, City Manager, Tonopah, Nevada, distributed Exhibit O, position statement by David Hamilton, Chairman of the Tonopah Town Board, in opposition to closing the honor camps. The exhibit material points out the benefits derived from the work of the prison honor camp crew to the town of Tonopah, as well as the State of Nevada, respectively. The manpower from the camp has made it possible for Tonopah to eliminate hiring summer cleanup crews, Mr. Sorensen proclaimed. Furthermore, the assistance the camp renders to the Tonopah Public Utilities has made it possible for the utility to comply with both state and federal requirements, he reported.

 

It was pointed out that the town of Tonopah is in the process of obtaining 73 acres of old mining property. Several of the old structures on the property are still standing, but in need of renovation. Plans are underway to make it a tourist attraction, but without the assistance of the conservation honor camp crews, that plan will not materialize. Additionally, the exhibit material points out two other great undertakings by the town of Tonopah will be the development of a sports complex and rodeo fairground. Both complexes are said to have great potential to host major events in the central Nevada area. However, as declared in the exhibit material, without maintenance assistance from the conservation honor camp crews, the projects "are doomed to mediocrity."

 

Dave Ayoob, Chairman, Board of Commissioners, Pershing County, recounted some of the financial commitments made by the county in anticipation of the opening of the Lovelock Correctional Center.  Pershing County completed the construction of a road into the prison site at a cost of $82,396. Further, the county has expended $ll2,000 for purchase of the site. By the middle of this summer, construction of the Lovelock prison will be completed, he reported.  Mr. Ayoob concluded, "Pershing County has fulfilled its commitments concerning the correctional center and anxiously awaits its opening."

 

Hugh Montrose, Mayor, City of Lovelock, testified briefly in opposition to the anticipated closing of the prison conservation honor camps.  

 

Mr. Montrose addressed the delayed opening of the Lovelock prison. He declared that action will pose a financial burden on the community, both private and public. He maintained the City of Lovelock has spent $l80,000 in preparation for the opening of the prison. The local residents approved a bond issue of $8 million for a new elementary school in anticipation of prison employees and their families moving to Lovelock, he proclaimed.

 

Senator Raggio asked if the elementary school was built specifically in anticipation of the opening of the Lovelock prison facility.

 

Mr. Montrose responded in the affirmative.

 

Continuing, Mr. Montrose declared several local businesses have joined in the construction of a child care center, office space, apartments and short-term rental units in anticipation of the opening of the facility. "I feel Lovelock has done all it can to uphold its end of the bargain, we now ask the same of you," he urged. Mr. Montrose questioned the logic of remodelling the older prison facility at Jean, Nevada, when a state-of-the-art facility at Lovelock is ready for occupancy.

 

Robert Baker, Citizen, Lovelock, Nevada, testified while referencing Exhibit P.  Mr. Baker asserted that the City of Lovelock and Pershing County have spent a substantial amount of money in anticipation of the opening of the Lovelock prison. Additionally, local businesses have spent in excess of $l million in anticipation of the needs of those individuals who will be working at the facility, he maintained.

 

Continuing, Mr. Baker pointed out the Pershing County Economic Development Committee sponsored a series of workshops "on selling items to the prison, the state purchasing procedures and financing resources for starting or expanding a small business. That was all done to comply with the state recommendations that the community be ready [emphasis] for the prison and its employees, when it opened [emphasis]," he declared.

 

Mr. Baker objected to the 20-year old prison facility at Jean, Nevada, being renovated while the Lovelock facility stands ready to be occupied. He asked, "How much will it cost the taxpayers of Nevada to remodel the Jean facility so it can be reopened?"  Continuing, he declared, "It is known throughout the prison system, law enforcement and by members of your own committee, that the [Jean] prison is insecure and has a history of inmates walking away."

 

Continuing, Mr. Baker asked how much will it cost the State of Nevada to let the Lovelock prison facility sit idle. He pointed out the local power company has spent over $200,000 to build a substation specifically for the prison facility.

 

Mr. Baker called the committee's attention to the subject of contractor warranties and asked how would that be addressed if the Lovelock facility is not opened for 2 years. He asked, "If we do lose the contractor's warranties, what happens when the facility is opened and things don't work...? Without any warranties, the taxpayers of this state will, again, pay for something that they should not have to...."

 

Concluding, Mr. Baker asserted the legislature has invested many years and millions of dollars into long-range prison planning to back up its strong stand against crime in Nevada. "Let's not apply a band-aid solution to a long-term problem and jeopardize the investment, the welfare, and the safety of the citizens of Nevada. That is all the Facilities Capacity Act will do," he insisted. "The Facilities Capacity Act should not be enacted, the honor camps should not be closed, the Southern Nevada Correctional Center should not be reopened and the new Lovelock Correctional Center should be used, not wasted," he summarized.

 

Bob Gagnier, Director, State of Nevada Employees Association, distributed Exhibit Q, Facts Pertaining to Conservation Camp Closures, to the committee and declared the average annual cost of keeping 928 inmates, in the conservation camps proposed for closure, is approximately $6,357 per inmate and the total annual cost for these inmates in conservation camps is about $5,899,296.  Continuing, he stated the emergency operating capacity of the Southern Nevada Correctional Center (SNCC) at Jean is 6l9 inmates. The budgeted per-inmate cost of operating this facility this fiscal year, if it had remained open, was $l3,982 per inmate, or $8,654,858 total. Mr. Gagnier opined "the Jean facility cannot pick up the total 928 inmates, so it is assumed that the prison will release those 309 inmates."  He pointed out, "Even after returning 309 felons to the streets, it costs $2,755,562 more to house the remaining inmates at SNCC." Mr. Gagnier stated his concern was the closing of the honor camps and "what will happen to the employees there."

 

Senator Raggio asked where Mr. Gagnier obtained the per-inmate operating costs, as outlined in Exhibit Q.

 

Mr. Gagnier responded, "From a publication put out by the DOP....The rated operating capacity and the emergency operating capacity figures came out of the budget this year...."

 

Reverend Wiley Deiss, Wells Baptist Church, and Volunteer Chaplain at the Wells Honor Camp, testified there are currently three churches, as well as other groups, such as Alcoholics Anonymous, working with the honor camp inmates. Reverend Deiss urged the committee to keep the prison conservation camps open.

 

Senator Raggio called a recess at l0:52 a.m. and reconvened the meeting at ll:10 a.m.

 

Senator Callister referenced urban Nevada locations and pointed out those areas do not have the benefit of "state-funded labor to provide such services." Senator Callister opined it was an equity issue and invited comments from the respective mayors.

 

Mr. Montrose responded:

 

      ...It wasn't sold on the idea that we're going to lower public utility costs by coming out and fixing our streets and cleaning our parks....The idea was to house young men and try to bring them back in the mainstream of life. To do so, they needed to develop a work ethic and they didn't want them doing meaningless jobs....I think you have to remember that the idea was to rehabilitate these people....

 

Ms. Malone commented:

 

      As far as equity, I think I supplied this committee with 2,282 signatures of equity [Exhibit N]....We have been trying to plan our community for preparation for flood, and we are going to be relying on our conservation camp to fill our sand bags....Why not [emphasis] give rural Nevada some benefit from the state...? If one service we do get is to benefit from a camp service, and it's so greatly relied on by our small community, your people are your equity and you're representing those people.

 

Mr. Chachas responded:

 

      ...With reference to...the plight that the City of Reno is enduring regarding their pothole problems, the City of Ely and White Pine County initiated that 5 cent gas tax, approximately 3 1/2 years ago. We have finished...in excess of a $3 million overlay project....Ely can pride itself in one of the finest road systems in the state. The community took it upon itself to initiate that tax and we are paying for that through that additional gas tax revenue.

 

      Regarding equity, what equity is there when you start trying to determine where the majority of the inmates are generated from? Are they generated from the rural communities or are they generated from the urban communities...? So the equity...not only focuses on the prison system, but when you're looking at equities of the rural counties and the metropolitan communities...that's always been a continuous war as to who is subsidizing who. Again, we all live here in the State of Nevada together, and this is just another facet of budget problems that we all are facing....We all pay taxes and I feel that our fair share of taxes need to be prioritized and granted to the allocation of those camps and the survival of those camps in rural Nevada.

 

Mr. Griswold maintained the urban areas do benefit from the rural honor camps. He pointed out the inmates perform tremendous effort by working on environmental projects and recreational sites in Elko County. He opined the honor camp crews contribute to beautification of the state and, ultimately, increased tourism to the Elko area.

 

Senator Jacobsen asked the mayors if they were to poll their respective communities, how many citizens would be in opposition to the honor camps.

 

Mr. Chachas agreed there are some individuals in opposition to having a prison climate in their community. However, he disclosed White Pine County is currently actively pursuing the possibility of a federal prison being constructed in the area.

 

Ms. Malone declared:

 

      Keep in mind, the economical base the rural Nevada communities have, which is mining, which is nothing stable. We hope and believe the state is a stable thing to rely on, and I welcome any institution to be placed in White Pine County, or the City of Ely, because that's what's kept us going....

 

Mr. Marvel pointed out, three of the five counties represented are not being financially subsidized, "they are exporting counties."

 

Ms. Giunchigliani opined there is a fundamental policy issue at question and declared:

 

      ...Years ago, the state launched on an economic development factor of locating prisons in rural counties at a greater expense, in the long run, in order to create an economic climate.

 

      ...The issue we raised 2 years ago, and still have not resolved as a legislature...is the position...what is the state responsibility, versus county responsibility? At some point, we have to get a handle on all the areas where we've mixed and crossed over the lines. We must make a choice whether we want to continue that or not....It is an equity issue in the matter that there are certain things that are being provided with state dollars....

 

Mr. Marvel pointed out he chaired the prison site selection committee and every county was polled prior to site selection. He emphasized, "Clark County definitely told us they did not want any more prisons. Washoe County said they didn't want any prisons, but if we needed them, they would try and cooperate. That is why we concentrated our efforts in rural Nevada."

 

Senator Glomb commented:

 

      As a group, we're looking at the cost of the camps. A prisoner in the camp costs about $8,000 a year. We have an ADC [Aid to Dependent Children] mother and two children who, all we are able to give to her and her family for three people is $4,100....Now, we know these young children, without the kind of support they need, run the risk of being the future prisoners of tomorrow without that economic base and support....

 

Senator Raggio addressed the equity issue and declared:

 

      The borders of this state do not encircle the Las Vegas metropolitan area. They don't just limit themselves to the Reno metropolitan area....The problems that occur in this state, in almost every case, are disproportionate to the population from which they emanate....The history of this state didn't occur in any one area....It disturbs me greatly, when I hear these issues of equity and fairness imposed as the only predicate on which we base our major decisions in this state....

 

Mr. Price mentioned, for the record:

 

      I feel that this state made a commitment to the rural areas when we embarked on these programs....With respect to tax rates...in regard to Wells and Carlin, for example...Las Vegas is 39 cents lower than what the folks in Wells have imposed upon themselves, 69 cents lower than Carlin....

 

Senator Raggio adjourned the meeting at ll:47 a.m. and reconvened the meeting at l:l3 p.m. Senator Callister was excused for the afternoon portion of the hearing.

 

Department of Corrections - Page ll85

 

John Neill, Fiscal Services, Department of Prisons, distributed Exhibit R, Department of Corrections, Legislative Presentation, (Exhibit R - Original on file in the Research Library) to the committee.

 

Senator Raggio asked how the prison budget was developed.

 

Mr. Angelone explained, "We were given a figure...and...we tried to reach that target."

 

Senator Raggio asked, "What was the target number given to you?"

 

Mr. Neill stated approximately $86 million a year.

 

Senator Raggio asked if the target request was issued by the Department of Administration.

 

Mr. Angelone responded in the affirmative.

 

Robin Bates, Chief, Classification and Planning, Department of     Prisons, explained the relationship between the FCA and the decision to close the prison conservation honor camps:

 

      That level of funding provides, in FY 1994 and FY 1995, a level of beds which approximates the level we have today, which is at the end of FY l993 will be 6,502 beds. The FY 1994 and FY 1995 populations are expected to average 6,582 and 7,096, respectively. That's l,000 inmates more than we have today....

 

      In the plan developed by the DOP, equilibrium in the number of beds and inmates would be achieved by carefully selecting which beds remain open, which remain closed and which are deferred. In addition, there would be the early release mechanism....About 950 minimum security camp beds would close, those are the seven conservation camps. About l,050 multi-custody beds would reopen....All the locations which remain open would operate at the threshold of emergency capacity.  At the end of FY 1994, under our plan, we would have enough beds for 6,365 inmates, about l00 beds fewer than today....Over the course of the biennium, we would release about l,000 inmates under the FCA.

 

      ...The beds we propose to retain, or reopen, would be the Southern Nevada Correctional Center at Jean; Unit 7, which is scheduled to open at NNCC [Northern Nevada Correctional Center], is a 269-bed addition, which is scheduled to open in March. The Indian Springs Conservation Camp project...would add 78 beds to that camp. The Stewart camp would be rebuilt, adding 36 beds and the Regional Medical Facility would be opened this September, adding ll2 beds.

 

Concluding, he maintained, the proposed FCA is a mechanism to control the size of the prison population by releasing inmates when predetermined capacities are reached.

 

Senator Raggio asked, of the l,050 multi-custody beds, how many were earmarked for the Jean facility.

 

Mr. Bates responded, "There's a total of 620 beds, there's currently 60 operating right now."

 

Senator Raggio queried, "There would be an addition of 560 at Jean?"

 

Mr. Bates responded in the affirmative.

 

Continuing, Mr. Bates stated the FCA involves only those inmates closest to an unconditional discharge of their sentence. It does not apply to parole eligibility, except to the extent that it may advance the discharge date of an inmate so that he would be discharged before becoming eligible for parole. It does not discriminate on the basis of custody classification or offense, he stressed.

 

Senator Raggio asked, "Does it mean someone in for homicide would be treated the same way as someone incarcerated for fraudulent checks or burglary?"

 

Mr. Bates responded, "If their discharge date was approximate reality, if they were going to be released anyway, they are considered in the pool of all those inmates who are about to be released."

 

Senator Raggio clarified that no consideration would be given to the pool of potential "early releases as to the severity of their offense?"

 

Mr. Bates responded in the affirmative.

 

Mr. Price stated it has been his impression that some inmates choose not to even try for parole "because they have accepted the fact they are not going to get parole."

 

Mr. Angelone declared, "That law was changed in the last session to have inmates go up for parole review...." Since l99l, 6 months before mandatory release, all inmates go before the State Board of Parole Commissioners, Mr. Angelone disclosed.

 

Continuing, Mr Angelone stated over 52 percent of all inmates released annually, leave unsupervised from the Nevada prison system. Continuing, he declared, "Under 48 percent of the inmates that leave every year, leave under supervision...." Mr. Angelone provided the example the FCA is addressing an inmate with 1 day left on his sentence today, and is not discriminated to inmates being released tomorrow. "We have to give all inmates that 1 day credit going toward release," he emphasized.

 

Senator Raggio asked:

 

      Are you indicating you do not have the authority, or it's illegal under such a program, to make the releases subject to the severity of the offense? That you must treat them all the same? Assuming this proposed act becomes law and you then have to emanate that, when you reach 98 percent of capacity, you must release x-number of prisoners. Are you saying that there is some over-riding law that says you must release inmates merely on the basis of the time left on their sentence and that you cannot release them by classification as to the severity of the crime...?

 

Dave Sarnowski, Chief Deputy Attorney General, Office of the       Attorney General, interjected to respond:

 

      ...My division acts as counsel to the DOP, the Department  of Parole and Probation, the [State] Board of Parole Commissioners and the Board of [State] Prison Commissioners. We anticipate that, if the FCA were enacted in such a fashion as to try to distinguish or discriminate between types of offense, it is...almost a certainty that it would be subject to court challenge in both the state and federal courts. But more important, it is very likely that law could successfully be challenged since, in fact, by statute, you would be discriminating against what is arguably a prisoner that is similarly situated to others who is not given the same benefit. That is, the murderer, who has l0 days left on his sentence, would be discriminated against, as opposed to the third-time DUI offender who has not seriously injured or killed someone in a traffic accident....

 

      Your staff could certainly draft a statute drawing those lines, but from our perspective, being the ones who litigate constitutional issues on a daily basis, I think we would be subject to serious and, possibly, successful challenge.

 

Senator Raggio interjected to ask if a legal opinion had been rendered on the issue.

 

Mr. Sarnowski responded, "No...we have engaged in some discussions with the department...."

 

Senator Raggio proclaimed:

 

      This is a very crucial part of this proposal...If we're going to accept a recommendation of this FCA, and it doesn't have built into it some control to assure the public that the program has the safety of the public involved, I think it's going to be very difficult to sell....based on [whether] it's easier to administer, or...that we fear there might be a legal challenge to it....unless there is more reasoning involved than how many days they have left on their sentence. The over-riding public concern is how the releases are going to affect the public. Director [Angelone], I know you well enough to know that is also a concern of yours and your staff. So let's not kid each other here just to get a budget passed....

 

Senator Glomb asked for information demonstrating where the FCA precedent has been set in other states. She asked, "Is...the parole board given guidelines by statute?"

 

Mr. Sarnowski responded:

 

      The parole board has great discretion in Nevada. They must consider certain factors, but parole is not an entitlement to any inmate in the system. The only entitlement an inmate has is to be considered for parole and be given due process...."

 

Senator Glomb asked, "Is that the discretion of the parole board?"

 

Mr. Sarnowski answered, "...Yes, and the courts have consistently rejected challenges by prisoners who have claimed the board has abused its discretion in not releasing them."

 

Senator Glomb asked the average cost of an honor camp bed versus a multi-purpose bed.

 

Mr. Angelone responded:

 

      ...I've been in prisons for 23 years, and for 20 of those years I've dealt with going to hearings for budgets...and this is the first time in the 20 years I've gone to budget hearings for prisons, that people have come out concerned about prisons....When we talk about a camp, we've always talked in terms of our price, prison's price, of housing the inmates, the camp cost. When you have to look at funding the total thing, from that part of administration in terms of medical, the administration cost for the warden and NDF costs, the whole thing, the actual for l992 is $l4,629 per inmate per year for a camp bed. That is an actual figure. The average prison bed, including maximum and medium prisons, is $l5,868. Very close. Those are the actual real figures.

 

Mrs. Williams asked how early would the prisoners be released under the FCA. "Are we talking about the possibility of letting somebody out a year before their time is up...?" she asked.

 

Mr. Bates recited:

 

      At the end of the biennium, if 850 inmates are released, the 850th inmate that gets released could have a reduction in his sentence from 6 to 9 months. These inmates will be released over a period of 24 months. The releases will come in increments of 30 a month....

 

Mr. Angelone added, "67 percent of those would be minimum security inmates being released, which are inmates with shorter times."

 

Senator O'Donnell asked Mr. Angelone if the premise is correct that the cost of prison incarceration is inmate-driven.

 

Mr. Angelone responded that some of the factors are inmate-driven.

 

Mr. Neill explained an inmate-driven cost includes food, clothes, inmate labor "to hire them on the yard to work," and operational supplies. "Those usually run around $l,400 a year versus the $l5,000 to $l6,000 a year to run the whole prison. We don't inmate-drive staff....Staff is about 72 percent of our budget...," he recounted.

 

Senator O'Donnell pointed out the prison budget has been reduced by approximately 8 percent less than last biennium. He pointed out since there is a budget reduction of 8 percent, and the cost is partially inmate-driven, part of the reduction would have to be accommodated by shortening the inmate's length of stay.

 

Mr. Neill replied:

 

      ...If we can release 700 more inmates than we had planned on, it's more than inmate-driven, though. When we closed the whole camp, for instance, we just saved $l3,000 an inmate. If you close the whole facility, then you can get rid of the staff. That's where the savings comes in. You can lay off the staff or transfer them. In our case, we're transferring them to another facility.

 

Senator O'Donnell reiterated, "If there is a savings, how do you get the savings if you transfer them?"

 

Mr. Neill said, "We're going to open the Jean facility and we also have turnover around l6 percent a year that we figure we can hire all of our staff back...."

 

Senator O'Donnell concluded, "There is no savings if you're going to hire them all back."

 

Mr. Neill countered:

 

      We have to open the SNCC. There's 89 positions that we're going to fill. That's approximately the number we're going to lay off....We're not going to house 700 to 800 inmates, we're not going to feed them or have facilities open to take care of them. We're going to take all our institutions...and take them right up to our emergency population and we're not doing that currently.

 

Senator O'Donnell commented, "What we're doing is simply capping the number of prisoners."

 

Mr. Neill clarified, "We're going to have a certain number of beds that are capped."

 

Senator O'Donnell stated, "So we have additional inmates coming in with a fixed number of beds, which means you'll have to roll them out quicker. What percent are we talking about decreasing the length of stay, average?"

 

Mr. Bates responded, "We have no idea what that would be...."

 

Senator O'Donnell concluded, "We're up here passing laws, as far as the judiciary, and telling the judges how long to keep people incarcerated, and you can't tell us how long you're going to keep them?"

 

Mr. Bates answered:

 

      I can't tell you the population of the future in terms of their length of stay. The FCA would be triggered by every time the population reached a predetermined limit, we would start releasing inmates who are closest to release. It would affect their length of stay. In some cases, the last person to be released would have a reduction of perhaps 6 to 9 months. If he had a 5-year sentence, it would be a reduction of 6 to 9 months off that sentence.

 

Senator O'Donnell concluded, "So we'd let them go because of a budget reduction."

 

Mr. Bates responded in the affirmative.

 

Mr. Price asked if the FCA was currently being used in the State of California.

 

Mr. Angelone said:

 

      I'm sure they have their own release program....About 2 months ago, the director there said no more money, inmates go home. There are many, many early release programs throughout the United States....This program is based after the Arkansas model.

 

Mr. Price expressed his concern the cost to house inmates may have been inflated in the past and advised he would research past minutes of the Department of Prisons to ascertain that information.

 

Mr. Angelone stated:

 

      ...Two years, 4 years, 6 years back, the questions that were only asked were in terms of the camp itself. The Department of Prisons camp cost, which is a certain figure. I don't think it was ever asked what about medical cost. Is that in the camp budget when they go to the doctor in the county, who pays it? Well that comes out of the Department of Administration....NDF has never been part of our budget, so we were never allowed to group that figure together. That's a separate agency that had their own budget....When you take all the figures and put it together, you come up with a figure of two agencies to run one place, it's no longer l2 employees with the DOP, it's 25 employees, counting NDF, as well as the cost of their two budgets.....

 

Mr. Price clarified, "...The question was never asked what was the combined amount. But by the same token, that combined amount has been there since day-one."

 

Mr. Angelone responded in the affirmative.

 

Ms. Giunchigliani asked that the committee be provided with an inmate classification profile.

 

Mr. Marvel asked who will make the determination under the FCA concept regarding which inmates will be released.

 

Mr. Angelone said he will approach the Board of State Prison Commissioners when 98 percent of emergency capacity is reached. Mr. Angelone will inform the commission how many inmates to release in order to return to the 96 percent capacity. "I will get their vote to enact the act, at which time I will enforce the act by using the computer system," he asserted.

 

Mr. Marvel asked if those inmates released would be under any supervision.

 

Mr. Angelone responded, "No, and they wouldn't have been under release of supervision, anyway...."

 

Mr. Marvel asked how long the Arkansas FCA model has been in effect.

 

Mr. Angelone stated he was unsure, but thought possibly for 3 years.

 

Mr. Marvel asked what was the rate of recidivism under the Arkansas model.

 

Mr. Angelone did not have that information.

 

Mr. Spitler asked what designated the maximum capacity of the FCA, by total inmates population or by institution.

 

Mr. Angelone stated the emergency capacity was based on the total population, except for gender separation.

 

Mr. Spitler asked if emergency capacity was reached more readily with the male inmate population versus the female population.

 

Mr. Bates stated it was approximately the same.

 

Mr. Spitler asked if the proposed Compassionate Release Program required legislative action.

 

Mr. Angelone responded in the affirmative and stated "It's not a factor in the program, it's another medical-driven cost."

 

Mr. Spitler asked if the medical-driven costs were approximately $l million over the biennium.

 

Mr. Angelone responded in the affirmative.

 

Mr. Spitler asked, "Does that have the same neutral look at it in terms of who would become eligible for that, or when a decision would be made to release someone under a Compassionate Release Program?" Mr. Spitler declared his approval of compassionate release for terminally ill individuals. However, in some cases, he pointed out, if someone did not have a home to return to, a medical expense from the prison arena may be transferred to some other public assistance program. Mr. Spitler asked if those points would be addressed in the legislation.

 

George Kaiser, M.D., Medical Director, Department of Prisons, stated the bill draft submitted in regard to compassionate release would require an appropriate setting for the individual to go to and would be dependent on the individual's illness. He declared placement would be determined by a social worker. The savings would be seen if someone was eligible for state indigent medical care, 50-50 state and federal funding, "whereas currently we are paying the full expense with state dollars," he pointed out.

 

Mrs. Williams asked for a definition of emergency capacity with respect to availability of beds. "If you have l00 beds, do you call emergency capacity when 98 beds are full, or is emergency capacity when you have ll0," she queried.

 

Mr. Angelone responded emergency capacity is l00 beds.

 

Mr. Perkins asked to be supplied with the recidivism rate for prison honor camp inmates.

 

Mr. Angelone responded he has never tracked the recidivism rate "because I have never seen true documents on it. We have inmates that leave a prison system, go to Utah, commit a crime. Get into their system, go to California, or rob....It's very hard to just count those that just come back to our own prison system and say, is that a true recidivism rate....We...have a certain number of inmates that come back into our system, but only our system, no other system."

 

Mr. Bates declared the inmates in the honor camps are a different class, distinguished by the lack of recent violence, or closeness to release time and that they re-offend less frequently.

 

Mr. Arberry asked how long can a prison operate at emergency capacity.

 

Mr. Angelone emphasized:

 

      If you hit emergency capacity in the wintertime, you do have a better chance of controlling that institution and dealing with it with the staff you have, than you would in the middle of the summer when it's very hot....Southern Desert Correctional Center has been operating at over l,500 inmates for the last year. They are over critical operating capacity and close to emergency....

 

Mr. Arberry asked if Mr. Angelone could estimate the length of time a prison could operate at emergency capacity.

 

Mr. Angelone stressed it is not a good practice to house inmates at emergency capacity status.

 

Senator Raggio referenced the informal opinion rendered by Mr. Sarnowski and proclaimed:

 

      ...I would really question that any law, constitutional requirement or otherwise, would obviate the implementation of a reasonable classification plan....as long as the people within those classifications are treated equally....I'm sure there would be a challenge...but the question is whether it would be sustainable....I would invite our legal staff to give us an opinion on that principle and would also invite you to...revisit it with that in place. I think it's a serious concern. More serious because of the answer solicited by Mrs. Williams....The people who go to prison, ordinarily, are not first-timers....These are not initial offenders except in very limited cases....But when you tell me that, in addition to the short time they serve, in view of our parole policy...time earned credit...that they are going to be able to be released 6 to 9 months early in some cases, I am going to be concerned.

 

      What you're telling us today is an insult to this committee and these committees who have served here for any length of time. We have been told continually that the reason you wanted us to construct authorized conservation camps is it costs much less per inmate to house those inmates. Obviously, we know it costs a lot less to construct those than other facilities. It's a poor policy, parenthetically, because we're in a budget crunch now to say, okay, we're going to release them rather than build new facilities. That's not even an argument here, because we have facilities we haven't even used. Director, it doesn't stack up, because what you're suggesting is, sure it costs more when you add in everything else they're doing, but we were putting these inmates to productive use. If you're suggesting we close down one of the functions of government, and that was the forestry service in this state, yes, then it does cost more. If we just close other programs, and you add up that cost, I suppose that's true. But don't insult us by telling us we were never told that it was more cost effective, by far, to have inmates in conservation camps than to have them in prison facilities and there are ways to do that. You don't have to operate a whole facility. You can close wings of a facility and cut staff.

 

Concluding, Senator Raggio asked, "Where are you going to get the staff for the Jean prison, if you reopen?

 

Mr. Angelone responded:

 

      ...We have it in the budget to afford the staff that are at the seven conservation camps, with moving expenses to move to southern Nevada and work at Southern Nevada Correctional Center. That is in the budget with the plan.

 

Senator Raggio referenced moving all staff from the closed conservation camps to the Jean facility and asked if that transfer would be sufficient to support the facility.

 

Mr. Angelone responded in the affirmative and added:

 

      ...I don't think at any time, either my predecessors, or myself, have ever tried to sway what goes on at minimum. We believe in the conservation camp program. We do believe that building it is a much more inexpensive way to build housing for inmates than it would be to build a medium or maximum security prison.

 

Senator Raggio commented, "Most of these were built, so we wouldn't have to build prisons."

 

Mr. Angelone responded in the affirmative and added:

 

      But when we had to look at all the cost that would be attributed if another plan was used other than the one we gave....I've never been asked about how much, I never knew how much NDF spent because they're not part of my department, so I never knew. But when you have l50 inmates in a program that you're closing down, and the question is how much would it be to run that, you have to give it the whole picture and that's when we merged them together.

 

Senator Raggio interjected, "Are you and the administration suggesting we close down the forestry division of the state?"

 

Mr. Angelone responded:

 

      Absolutely not....That's another thing that didn't really come across and that's the fact that we have three major conservation camps that will be open. Staffed sufficiently with enough fire crews to be able to provide fire coverage as it was explained to me by the state forester.

 

Senator Raggio asked, "Where would they come from if a fire broke out in the Jarbidge area?"

 

Mr. Angelone stated they would come from the Stewart and Indian Springs camps. Continuing, he expounded:

 

      When you get into the NDF budget, what was explained to me, was that they anticipate that during high fire seasons, they would send a strike team from the institutions up to certain areas in preparation if something did happen, they would be on site immediately....But that's the state forester's area and I would not be able to explain more than that simplistic explanation of it.  To talk about prisons, and closing certain parts of it, when I closed Jean, that was a question asked by everybody in Las Vegas, why don't you just close a unit in every institution rather than closing all of Jean? You cannot sufficiently just close a unit and save money. The core factors, the correctional officers staff around the fences, everybody has to stay in place whether it's one inmate or l,000, based on the fact an inmate will look for the easiest way to egress out of a situation....We don't save money by closing a piece, that's why I closed all of Jean, except for one small corner, which is an enclosed area that was the emotionally disturbed unit. The only one we had for the south...and it is largely staffed due to the type of person that's in there.

 

Mr. Bates addressed the FCA and expounded:

 

      I would like to continue to explain its effect. We've done some simulations that show us that at any given time, a release under the FCA would include about 63 percent minimum custody conservation inmates and about 37 percent inmates from medium and maximum custody, so a release of l00 inmates, for example, would include 63 from camps and 37 from institutions. Minimum custody inmates are affected more because, by statute, they are closer to release than their medium or close custody counterparts. The fact that 37 percent of releases, at any given time, are from the higher custody levels is merely reflective of the fact that proximity to release is not the sole criteria for minimum custody....So, why close camps? We first had to remember that any strategy to meet the proposed budget targets necessarily included a reduction in the beds which we currently operate. Our challenge was to determine the best combination of beds to fund and then to develop a method to release the population of inmates, which could not be accommodated. As it turned out, it was the FCA, the mechanics of it as we have designed it, that determines what kind of beds need to be funded....If we reduce our population with the FCA, we create less need for camps because more of the minimum custody camp inmates would be released than inmates from institutions. The large number of minimum releases cannot be replenished by a monthly intake of that custody group and the empty camp beds can't be used to house medium or close custody inmates. Our plan provides for a combination of beds where there will be no beds which cannot be used because of a shortage of inmates who are eligible for minimum custody. In our plan, throughout the biennium, there would be minimum custody inmates living in medium security beds, as high as 864 in October l993 and then dropping to around 545 by the end of the biennium.

 

      It's been suggested that we close Jean and leave the camps open. I'd like to compare those...so you can see why we addressed the problem the way we did. In the alternative plan, Jean remains closed and the camps are open. That would be possible only if the camp beds were medium security. In that plan, the number of releases is driven by a shortage of medium security beds, rather than a shortage of minimum security beds. The institutions fill up and we'd start releasing inmates under the FCA. In June l994...the department would be absolutely out of medium and close security beds without the means to modify the course. In that month, we'll begin releasing inmates of all custody levels...to make room at medium and close security. As we release mediums, we also flush out minimums. Minimum releases are of such great numbers, that the minimum pool cannot replenish itself through normal new commitments....At any given time, we estimate that today, our population of minimum security men is 25 percent of the total. At the end of November l994, the effect of that is so severe that we would have l50 empty camp beds. At the end of March l995, there would be 300 empty camp beds....and it would peak at 4l0 beds at the end of the biennium as a result of the mechanics of the FCA.

 

Senator Raggio asked:

 

      I'm not sure we're following that, but accepting that, under the present situation, understanding that certain crimes are not eligible, for example sexual assault offenders, generally speaking, are other minimum prisoners eligible, otherwise, for the camps at the present time?

 

Mr. Angelone responded:

 

      A large majority of medium security inmates are eligible. I think what Robin [Bates] is trying to show you, by illustrating the fact, was that Jean was closed and the camps were left open, that as the other medium and maximum institutions needed beds, we have to release from here....Being in federal court and trying to defend our constitutional rights as citizens and taxpayers, we find out that judges interpret things a lot differently. They interpret that inmates, when sentenced at the beginning of their sentence, are given short time for supposed crimes that are not that violent...and longer time for those crimes that are that bad. Once they are in the system...they look at all inmates as the same so that when they get towards the end of their sentence, an inmate that might have been in for 20 years, which means he committed a very horrendous crime, but only has a month left in prison, and an inmate that is in for 2 years and has 9 months left, that if we released the 2 year man with 9 months left...and we kept the 20-year offender in because he only had a few months left, we would be sued for discrimination over the fact that these are people that served their time equally, based on the offense and they have a right to be released by whatever statute is set, rather than discriminating against them.

 

Mr. Sarnowski interjected:

 

      ...There are some people in our system, particularly those who are serving sentences for second degree murder, that may have been given a term of years, as opposed to a life term.  A first degree murderer in Nevada is subject to only one of three sentences: life with the possibility of parole, without the possibility of parole, or death....If those types of people...are parole- eligible candidates, they would not come up on an expiration of term because you don't expire a life term until you expire period, or you are pardoned....

 

Mr. Spitler asked:

 

      Would this mean we would never occupy the Lovelock facility, that we would continually just work on this number of beds? If that isn't the case, what would be the criteria to say you would ever need another prison since you are always moving someone out when you reach this particular capacity?

 

Mr. Angelone stressed:

 

      This is not the best program, this is the only [emphasis] program. This is a program set up for 2 years, driven exclusively on economic problems for the state....You're absolutely right, in the next biennium, when we start preparing that budget, one of the driving forces will be what is the flavor for economic improvement and then what would we do? I don't think there is a person here, and I know there's not a person in the Governor's Office, that is looking at this as this is the greatest thing since sliced bread. We are not. What we are looking at, is I have to run a safe prison system for the citizens of this state and I'm given only a certain amount of money for these 2 years...

 

Mr. Spitler asked if "this piece of legislation would sunset in 2 years."

 

Mr. Angelone recommended if the legislation passed, "and if it is written in such a way that it is successful for everyone to say we're not wholesaling people out, I would recommend leaving it there for whoever the executive officer is at any time that there might be economic problems in this state again, to have there as a resource, but not to be used. It's only used when the prison system reaches 98 percent of capacity of whatever that prison system is, on that given day."

 

Senator Jacobsen asked for clarification of how the prison proposal was developed.

 

Mr. Angelone said the budget before the committee is the Governor's recommended budget.

 

Judy Matteucci, Director, Department of Administration, explained:

 

      ...This year...when we did the budget, we sent around target amounts to each one of the agencies. The target amounts were developed uniformly...based on the percentage of all budgets in the current fiscal year, after the reductions to total General Fund, carried forward against the projections for the next 2 years. They essentially maintain their same percentage of General Fund. There were two major exceptions to that: welfare and the distributive school account. Those we did not feel we were able to come up with any kind of a reasonable target....The Department of Prisons was faced with a significant shortage in the amount of money they needed to operate the facilities they currently have, or the ones ready to be opened, came back in with this proposal. This proposal was presented to the Governor who, at first, was quite reluctant to go forward with it until we looked at what the available funds were. After the explanation from the director and the assurances of the safety factors...he felt that was the best recommendation to come forward to this body. So that's how the proposal was put together....

 

Mr. Heller questioned what deters crime, swiftness of justice or length of prison term. He pointed out the average length of incarceration for a person serving a 4-year sentence was approximately l year and asked Mr. Angelone if that was accurate. "...At the end of the biennium, if you're talking about releasing these people in 6 to 9 months, is it accurate to say that somebody who received a 4-year sentence will then have 3 to 6 months of time served?"

 

Mr. Angelone responded:

 

      Someone coming in, the swiftness of as soon as that person's crime is committed, they are caught, they are...tried and those that are found guilty are sent directly to prison...A seasoned, hardened criminal that has nothing to do, people with first offenses...that has a lot to do with that.  The word rehabilitation came up an awful lot. I don't use the word rehabilitation, we don't use it in the DOP, we don't use it on mission statements, due to the fact I can't rehabilitate anybody. Nobody else can rehabilitate anybody. We provide areas of expertise that inmates can take a shot at, whether it's GED [General Education Diploma], high school, community college...and down the road they will make their decisions whether they rehabilitate themselves and choose to go one way now, or go back to the same way.... 

 

Mr. Bates interjected:

 

      Under a 4-year sentence, under the one-third parole law, [an inmate] would become eligible for parole in 243 days, less than a year, on a 4-year sentence. I'm talking about parole eligibility, because in the case of a 4-year sentence, that's what will occur first is the person will become eligible for parole first, and eligible for discharge next. If he was denied parole, then the FCA would affect that sentence. The first thing that happens with a 4-year sentence, under optimum conditions, the person is earning sentence credits at the highest rate, it's 243 days.

 

Mrs. Williams referenced recent recidivism studies and declared by maintaining the connection between the prisoner and their community and family "is the best way to attack recidivism. Would it be fair to say this is one of the reasons that you were looking at reopening Jean, in terms of the large percentage of prisoners that are from southern Nevada?"

 

Mr. Angelone answered:

 

      I agree with you fully that inmates that keep real ties with real members of their family, it does facilitate and help in the transition from prison life to community life, to be successful....The second part...no, we were looking at medium security beds, because today I might want to house a minimum in bed A, Tuesday I want to house a medium in Bed A and move the other one out, and the next day, a close custody inmate in Bed A, so the bed was more important than the idea....

 

Senator Raggio asked Mr. Angelone if he disagreed, other than the DUI offender or those incarcerated on a mandatory sentence for an initial offense, for example murder, that most of the inmates are not first offenders, they are repeat offenders.

 

Mr. Angelone agreed and stated:

 

      ...It probably goes beyond that because offenders go to court, they might be found guilty, they might not because of a technicality or they get probation l5 times, so they are offenders....It's very rare, except for a heinous crime, for a first-time offender to make it into the prison system, initially.

 

Mr. Bates referenced the FCA and illustrated the point:

 

      Assuming that Jean remained closed and the camps stayed open and assuming the FCA was designed as we had proposed, in that case, there becomes a shortage of medium and close security beds before there is a shortage of minimum security beds. In that case, if the FCA was targeted for just a custody-type, it would be used to release medium and close custody inmates and that is why we went with this other plan....What we wanted to do is release as many minimums as possible and as few mediums as possible.

 

Senator Raggio asked if Mr. Bates desired to address the inmate projections provided by the NCCD [National Council on Crime and Delinquency].

 

Mr. Bates explained the NCCD reviewed inmate projections in December l992 and "validated the information." He declared, "They said they were confident the men's projections were accurate, tracking within l percent. They said the female projection was off slightly and if it continued this way, they would probably downgrade the female projection in a couple of months."

 

Senator Raggio asked if the NCCD projected a total inmate population of 7,326 by the end of FY 1995.

 

Mr. Bates responded in the affirmative and explained, "They're projecting growth of about l,000 inmates over today, which is about 7,300."

 

Mr. Neill directed the committee's attention to Exhibit R and explained the new budget format of the handout.

 

Department of Prisons - Page ll85

 

Mr. Neill testified the only difference in this budget is the fact the prison indicates three data processing positions shifting to the Department of Data Processing and explained "so the funds have been taken out for those positions and they are reflected in the Data Processing category...."

 

Drawing the committee's attention to the Operating category, Mr. Neill advised the other difference is "the Deputy AG [Attorney General] salaries are also out. So it appears that the Operating expenses are cut in half...."

 

Mr. Neill referenced the Enhancement portion of the budget and explained the prison replaces approximately 20 percent of the inmate mattresses each year. He explained the recommendation was indicated as a one-shot appropriation in the budget, however "this year it is placed in the director's office for simplicity...."

 

Senator Raggio asked what were the indicated special projects listed in the Executive Budget.

 

Mr. Neill explained the heating conditions in building 89 are very poor, therefore, repairs and maintenance of the air handlers are necessary. 

 

Senator Raggio pointed out the total positions are indicated at 96 for each year of the biennium and questioned what positions would be transferred.

 

Mr. Neill responded:

 

      You'll see the three data processing positions in our budget....Three camp positions because the closure of the camps....The warden, the business manager for camps and his secretary, are also gone out of this budget, that's six positions. It's a little confusing. If you add up those numbers, you'll find the director's position shows up twice, actually, in the payroll section of the budget....So it puts the count off by one. There's six positions, three go away with the camps and three just due to reorganization change....

 

Senator Raggio referenced the agency Performance Indicators on page ll9l and asked, "Are those figures still accurate in view of the new proposal that's before us?"

 

Mr. Neill responded, ..."They're very reliable comparisons."

 

Mr. Heller asked that recidivism rates be used as part of the performance indicators.

 

Senator Raggio concurred with the suggestion.

 

Prison Medical Care - Page l205

 

Mike Nolan, Medical Administrator, Department of Prisons, testified in addition to providing inmate care, the State Board of Prison Commissioners suggests to task the medical division with the provision of staff health care in terms of providing staff physicals "under the heart-lung bill, treadmill, OSHA [Occupational, Safety and Health Administration] requirements...for hepatitis and tracking and costs of exposure to blood-born pathogens."

 

Mr. Nolan pointed out one change in the Revenue category and explained after the budget was completed, the department learned the substance abuse grant, in the amount of $85,000 from Department of Motor Vehicles and Public Safety (DMV&PS), would only be available through FY 1994. Instead, approximately, $2l,250 will be from that DMV&PS grant.  "This grant is the funding source for the substance abuse coordinator's position....in conjunction with the downsizing and conversion of the DUI program at Indian Springs to a community-based operation. They have set aside some of their grant funds to transfer to operate that program to cover the substance abuse coordinator salary in that second year, approximately $30,000," he recited.

 

Senator Raggio asked if the agency will be able to maintain the position of substance abuse coordinator.

 

Mr. Nolan responded that was his understanding.

 

Senator Raggio asked if the agency was in compliance with all court mandates of the program.

 

Mr. Angelone responded:

 

      In reference to the Taylor vs. Wolff case, which is explicitly in terms of mental health and medical care, we have just received a letter from the court monitor who stated that if we continue to develop and put in the tracking system, which we are doing under our current expenditures, and we're able to maintain the present level of staff that are in the mental health area, and we open up the Regional Medical Facility, then in July they will come in and recommend that the monitoring be over. There is a clause when they do that they have l year left of monitoring after that....In essence, July of the following year, the Taylor vs. Wolff case will end.

 

      In reference to the Phillips court decree that we have, we met and argued our case in front of the federal magistrate in October or November. We are waiting to hear back from the judge, her perceptions. We are saying we feel we more than meet the decree and the other side is saying they would like to stay longer. It is now in the judge's hands.

 

Senator Raggio asked if there were any serious problems regarding the aforementioned court cases.

 

Mr. Angelone stated, "In those cases, absolutely not. Every other case we've dealt with and settled and won."

 

Mr. Nolan drew the committee's attention to the agency positions and explained a total of 60.5 additional positions are included in the budget for FY 1994 and an additional l5 in FY 1995. Of those positions, 30 are medical and 30.5 are mental health positions in FY 1994, and ll medical and 4 mental health positions in FY 1995.  He explained the positions are as a result of the opening of the Regional Medical Facility and the requirements to satisfy Taylor vs. Wolff and Phillips court cases. The budget also reflects the elimination of 7 positions at the Indian Springs Conservation Camp and one at Silver Springs in conjunction with the DUI program. He explained the DUI program will be replaced with a Bureau of Alcohol and Drug Abuse grant program.

 

Mr. Nolan referenced the Operating category and explained adjustments were made in inmate-driven and contractual services. There are some adjustments to reduce operating expenditures "mainly the medical division was given a target figure to try and meet from the Department of Administration and we did our best."  Continuing his explanation, "In terms of opening the Regional Medical Facility, we felt that we could provide or accumulate some hospital savings and those total $393,503 in FY 1994 and $550,903 in FY 1995." He explained those figures were calculated after reviewing the hospitalized costs for FY 1992 and the types of treatment and lengths of stay, as well as considering the capacity in the facility for the treatment at the Regional Medical Facility. He concluded, "We assumed a 20 percent savings in FY 1994 due to delayed opening of the RMF [Regional Medical Facility] and a 30 percent savings in FY 1995."

 

Senator Raggio asked how many additional staff will be needed for the RMF expected to open in September l993.

 

Mr. Nolan responded there are 50 positions needed; 37 the first year of the biennium and l3 the second.

 

Senator Raggio asked what is the estimated prediction for prison medical care for FY 1993.

 

Mr. Nolan answered the agency is budgeted for $l7,203.

 

Senator Raggio asked, "So you're looking at a $600,000 shortfall at the moment?"

 

Mr. Nolan responded in the affirmative.

 

Senator Raggio asked, "...Has that been contemplated in the preparation of the budget....or is there a supplemental going to be asked for on this?"

 

Mr. Nolan stated, "Estimated prison medical care has not been contemplated." 

 

Senator Raggio asked for input from the budget office.

 

P. Forrest (Woodie) Thorne, Deputy Budget Administrator, Department  of Administration, testified, "If it turns out they end up with a shortfall, we would be coming back to you for supplemental funding, yes. But at this point...given the size of the budget, they are running fairly close to their projections for this year."

 

Senator Raggio repeated, "The actual is going to be pretty close to what your work program was, if that's what you're saying. So, in effect, there will be no reduction in this budget."

 

Mr. Bates responded, "No."

 

Senator Raggio pointed out the agency "will experience about $l8.6 million this FY 1993."

 

Mr. Bates countered, "No, we're at $l7.2 [million] and if we're $600,000 over, if the projections are that accurate, it will be about $l7.8 [million]...." He explained the projections are numerical extrapolations based on the first half of the year.

 

Senator Raggio asked what is the amount the committee is being asked to authorize for FY 1994.

 

Mr. Nolan responded, "$l9,340,019."

 

Senator Raggio countered, "It looks like $l9,447,000 total expenditures. General Fund is $l9.3 [million] and then $20.3 [million]."

 

Mr. Nolan responded in the affirmative.

 

Senator Raggio asked when the figures were calculated "did you do so recognizing that you're looking at something like a $600,000 additional cost this year?"

 

Mr. Nolan replied:

 

      No, I didn't. The reason I didn't is, at that time that we did the budget and submitted all this stuff, which was back in August, we had no idea where we were. We had not yet officially entered into the EPO [Exclusive Provider Organization] utilization review under the risk management umbrella, either.

 

Senator Raggio asked Mr. Angelone if he was still unwilling to give serious consideration to contract out for the prison medical services.

 

Mr. Angelone responded:

 

      We've just received a letter from one of those groups to look at our Ely State Prison and make a recommendation on that area. I haven't had a chance to get with Dr. Kaiser and have these people come out and talk to us yet, because of the preparation for today's meeting. But we're looking at many avenues of what they can say they can do and what we are doing.

 

Senator Raggio contended if the medical services were contracted out it would be done on a fixed amount and there would be no substantial overrun on medical costs in the budget every year. "I would suggest you take a good look at it before we close this budget," Senator Raggio urged.

 

Mr. Angelone agreed and declared, "When we do talk to them, I know that part of it is they will pay so much in a contract, we will still take catastrophic problems."

 

Mr. Marvel asked if any recruiting is currently underway for medical staff.

 

Mr. Nolan responded in the affirmative and added "as the positions are unfrozen...we are trying to fill them as soon as possible...."

Mr. Nolan added:

 

      Of the $600,000 that we're looking at, approximately $280,000 is a result of increased contract services for utilization review and of that $280,000, $l00,000 is...OSHA requirements for Hepatitis B, that the medical division is assuming the cost and doing the vaccination and that's coming out of our budget.

 

Senator Raggio asked if a proposal for the Ely facility has been received.

 

Mr. Angelone stated, "No...we received a letter from them giving us a ballpark figure and then saying could they come and just talk about the in-depth study of it."

 

Senator Raggio requested a copy of that letter be provided to the committee.

 

Senator Glomb asked if the prison is mandated to provide a full range of medical care to inmates, or were options available.

 

Mr. Nolan responded the courts have determined that inmates must be able to access medical care, they are entitled to see a professional competent provider and must be given the care prescribed.

 

Senator Glomb requested staff investigate what is offered through Medicaid versus the court-mandated medical requirements.

 

Mrs. Williams asked what was the cost in the last biennium associated with terminally ill inmates.

 

Mr. Nolan advised that information was not readily available, but quoted the cost for terminally ill inmates last fiscal year was $l.9 million for 70 inmates and "the year before we spent $l.5... million for 52...inmates....But we don't classify them as terminally ill."

 

Mrs. Williams asked, "...If that compassionate release is passed, is that reflected in this budget?"

 

Mr. Nolan responded in the affirmative and added:

 

      The $3.2 [million] is what we call catastrophic, which has been termed improper, but it represents all inmates whose expenditures exceed $l0,000 in a given year. We estimated by enacting compassionate release, we could save about $532,000 a year. That was based on review of last fiscal year's costs of $l.9 million for those inmates who were minimum custody, which was approximately 70 percent, then we just took a factor of about 40 percent....

 

Prison Industry - Page l220

 

The Prison Industries division provides meaningful work and job training for prison inmates in the production of goods and services at no direct cost to the taxpayer.  Operations include printing, book bindery, mattress, detergent and linen manufacturing at the Nevada State Prison.  Upholstery, wood and metal furniture manufacturing is accomplished at the Northern Nevada Correctional Center. Stained glass, wood products, limousine manufacturing and auto repair is provided at Southern Desert Correctional Center and drapery manufacturing at the Ely State Prison.

 

Howard Skolnik, Assistant Director, Prison Industries, Department  of Prisons, advised l0 positions have been abolished to reflect current levels of operations. One new program assistant position is recommended to provide fiscal support for the new accounting system and to track inmate payrolls for offenders working in Prison Industries. This position will be funded out of retained earnings and will not be filled unless sufficient income is available.

 

Mr. Skolnik advised the enhancement program will provide for sales increases in drapery, mattresses, a new weaving program at the women's prison and expanded product line in soap and stainless steel as well as expansion of furniture lines of restaurant and new office furniture.

 

Senator Raggio asked what will be the impact of budget reductions on this program.

 

Mr. Skolnik stated the anticipated impact could reach as high as 40 percent of government business decline, but "we feel we can and have already begun to replace it through private sector sales...."

 

Mr. Skolnik disclosed currently there are 305 inmates working in the prison industry program.

 

Senator Raggio asked for recommendations to changes in the law necessary to allow more inmates to participate.

 

Mr. Skolnik advised the "biggest problem we currently have is space. We do have a couple of bills that have been recommended...to assist us in our operation....A clarification of the statutes regarding the 5 percent withholding from inmate wages for the construction of new industry programs...."

 

Mr. Marvel proudly announced the Prison Industries division is a self-sufficient operation, fiscally solvent, and no longer funded through the General Fund.

 

Prison Dairy - Page 1226

 

The prison dairy is a self-supporting prison industry program operating on revenue from processed milk sold to the DOP and other northern area state and local government agencies, as well as from sale of surplus raw milk to private vendors.  Income is also generated from the sale of livestock as needed to cull the herds.  The prison dairy provides employment for l5 inmates, with 5 additional inmates during times of planting and harvesting.

 

Mr. Skolnik explained the increased sales in this budget is a combination of the sales of the beef herd and placement of an additional 60 acres of land into feed for the beef herd, as well as additional milk sales.

 

Southern Nevada Restitution Center  - Page l2ll

 

George Deeds, Warden, Southern Desert Correctional Center, Department of Prisons, testified the Southern Nevada Restitution Center (SNRC) is located on North Las Vegas Boulevard in Las Vegas and functions as a community trustee facility, housing male and female inmates who are employed in the community.  From earned income, inmates make restitution payments to victims and criminal justice agencies and are allowed to accumulate funds to facilitate their release to the community.  As a result of the Northern Nevada Restitution Center relocation and conversion to an all male facility, SNRC will increase its female capacity from l2 to 30.

 

Presently, Mr. Deeds stated, there are 57 inmates, both female and male. The FY 1994 and FY 1995 projections indicate the population will increase to 60 in both years of the biennium.

 

Mr. Spitler asked, as a result of not building the two women's facilities originally projected in southern Nevada, "would this facility be the only place that a female incarcerated would be in southern Nevada?"

 

Mr. Angelone stated, "Under the present budget, that is correct."

 

Mr. Spitler disclosed the females committing crimes in Nevada are mostly from the southern part of the state, yet are incarcerated in the northern part of the state. Mr. Spitler expressed his concern that displacement of the female inmates from their family members is not the most positive way for the "system to evolve."

 

Senator Glomb asked what was the criteria for inmates to be placed in restitution centers.

 

Mr. Angelone declared it is a classification issue and they are within 9 months of the possibility of parole, or "flat-timing out," and are non-violent offenders. "This is the next level below minimum [custody]...," he stated.

 

Senator Glomb asked if passage of the FCA would affect the restitution centers.

 

Mr. Angelone responded:

 

      Fifty-two percent of all individuals that leave our prison system every year, leave flat-timing out, no supervision. Forty-eight percent leave under parole. Our restitution center would be filled with people going to parole as well as our camps....The majority of people in the restitution centers will be people facing the possibility of parole.

 

Mrs. Williams referenced the existing l2 female inmates in the restitution center and asked what percentage of the overall female population do they represent.

 

Mr. Angelone answered the current total female population is 478.

 

Mrs. Williams asked what percentage of the female population is from southern Nevada.

 

Mr. Angelone answered approximately 85 percent.

 

Expressing her opinion, Mrs. Williams declared she would like to see the restitution program broadened to allow more equity between the female and male population. Mrs. Williams asked how many males were in restitution centers versus total male prisoners.

 

Mr. Angelone stated, "5,700 in the entire system; and 60 restitution beds."

 

Southern Desert Correctional Center - Page l239

 

Warden Deeds explained the Southern Desert Correctional Center (SDCC) is a medium security correctional facility located approximately 40 miles south of Las Vegas in Jean, Nevada and

presently houses approximately l,500 inmates.

 

Senator Raggio asked if the projected l,5l8 inmate capacity represented 98 percent of the FCA.

 

Warden Deeds advised l,5l8 inmates represents l00 percent capacity.

 

Senator Raggio asked how the budget reductions affected the SDCC directly,

 

Mr. Bates interjected, "What it would mean to the SDCC is that they would operate at l,5l8 for the duration of the biennium."

 

Mr. Arberry referenced Capital Improvement Project numbers M-3 and M-4, replacement of the high mast lights, and asked "how do you propose to do those with the capacity that you plan on having in those prisons?"

 

Warden Deeds responded custody staff are provided to the contractors during the course of their work.

 

Mr. Arberry asked, "Is that going to be the same way when you do the sprinklers in unit one through seven? And is all this cost built into your budget?"

 

Warden Deeds responded in the affirmative.

 

Continuing, Mr. Arberry asked how would the sprinklers be installed while the prisoners were housed in the unit.

 

Warden Deeds avowed he was not aware of the intent to install a sprinkler system but was under the impression the project was for installation of an electrical system.

 

Mr. Arberry proclaimed, "You say you're not aware of it and we were not aware of it. Referencing the Capital Improvements Program book, I'm looking here...recommendation of fire sprinklers in unit one through seven."

 

Warden Deeds insisted he was unaware of a sprinkler project for unit one through seven.

 

Tom Stephens, Secretary-Manager, State Public Works Board, proclaimed there is no problem working in the prison with housed inmates. He pointed out an extensive heat pump installation was recently installed at the Indian Springs facility, which merely required extra assistance from the guards.

 

Mr. Arberry asked how the prisoners would be relocated while the contractor is in the building.

 

Mr. Stephens explained, "...I believe they are going to work during the day when the prisoners are normally out of their cells and make sure they don't leave any mess at night....Then they're going to come in and install the next section...."

 

Senator Raggio asked for an analysis of the total cost per inmate, per institution, to be provided to the committee.

 

Indian Springs Conservation Camp - Page l287

 

The Indian Springs Conservation Camp (ISCC) houses minimum custody inmates in an open facility, immediately adjacent to the SDCC at Indian Springs. The ISCC was increased in size in the fall of l990 to accommodate an inmate population of l50.  The inmates housed at this facility support the Nevada Division of Forestry program of conservation projects and fire suppression activities. Effective September l990, a program was established to provide for a 60-bed bootcamp located next to ISCC which includes intensive instruction of military bearing, courtesy, drills, ceremony and physical exercise.  A DUI treatment center started in FY 1992 will be continued using grant funds.

 

It was reported the average population for FY 1992 was l29 inmates.  The projected population for FY 1994 is l89 inmates. The projected average population for FY 1995 is 228 inmates.

 

A camp renovation is scheduled to begin in l993 for replacement of trailers with a modular prototype similar to the Tonopah Conservation Camp. Operational capacity will be l68 regular camp inmates and 60 bootcamp inmates. Warden Deeds explained bids will be let in April l993 for the new camp.

 

Senator Raggio asked, "Will this, in any way, diminish the existing bootcamp program?"

 

Warden Deeds replied, "No."

 

Senator Raggio asked when is the construction anticipated to be completed.

 

Mr. Stephens responded February l995.

 

Mr. Angelone explained the project was approved in the l99l session of the legislature and interjected, "I think they meant to say February l994. It's going out in April for bid and it would take approximately 9 months to build the camp."

 

Senator Raggio asked for confirmation of the date by Mr. Stephens and replied, "If it's not until l995, then we do have a concern?"

 

Mr. Stephens responded:

 

      That's the date [1995] we have. We're still in the design of that project. They expect the design to be completed in August. There was a delay in the design because of the consideration in the change for the heating system....It can be ready for occupancy in December of l994, but we're not, because of some of the delays on construction, normal type of delays, using a facility operational date. The facility operational date is now listed on our status report as February l995.

 

Mr. Arberry asked where the inmates will be housed if the FCA is approved and in light of the extended construction date.

 

Mr. Angelone replied, "These are less beds, which means we would have to increase the number of inmates that were being released....It would be approximately 80 inmates that we would have to throw into the formula...."

 

Senator O'Donnell asked Mr. Angelone if he was under the impression the facility would be built in February l995. He asked Mr. Angelone, "Ron, is this news to you?"

 

Mr. Angelone responded, "This is totally news to us because we have it in our budget and approved by the Governor for money to fund us for this project...."

 

Senator O'Donnell asked, "And you're counting on it?"

 

Mr. Angelone responded, "I was definitely counting on every bed in that project."

 

Mr. Arberry asked for response from Mr. Angelone regarding how the inmates will be accommodated while the sprinkler system is being installed.

 

Mr. Angelone responded:

 

      Based on what we understood from [State] Public Works [Board], we would do the work...the correctional officer would be there. We would remove all the inmates during the daytime from that wing. We would close off that wing.....They would work on that project, individually throughout the rooms, stop that project. The officers would then shake down the area, bring the outside employees out and then allow the inmates back in. It's not the best way to do any project, but when you're up to emergency capacity at every prison, and that's why we always say we have design capacity, rating capacity, critical operating capacity, emergency capacity and that the more inmates you put in, the more stress is put on them. When these things have to be done, extreme stress is put on them. It's not the way to do business....

 

Mr. Arberry asked, "Basically, what you're saying is, it will not be very safe there, then?"

 

Mr. Angelone responded, "It will be safe. It will be uncomfortable and tough for the staff to make sure they communicate extremely well with these inmates...."

 

Mr. Arberry commended Mr. Angelone for past performance and his excellent job in maintaining a safe atmosphere for both staff and prisoners.

 

Southern Nevada Correctional Center - Jean - Page l232

 

Leon Hardison, Warden, Rural Camps and Southern Nevada Correctional  Center (SNCC), Department of Prisons, testified the SNCC is a medium security institution located approximately 30 miles south of Las Vegas in Jean, Nevada.  It was designed with 346 cells and has a rated operating capacity of 5l9 inmates.  Emergency capacity of the institution is 6l9 inmates, and it is expected to operate at this level after July l, l993 due to closure of several conservation honor camps. 

 

The Southern Regional Mental Health Unit is also located at SNCC and currently houses approximately 60 inmates. The SNCC also has an industry program manufacturing stained glass. The average inmate population in l992 was 28l. The institution was closed in February l992 in an effort to save funds under the state's budget reduction plan and will remain closed through June 30, 1993, but is to reopen in July l993 housing both male and female inmates. The projected average population for FY 1994 and FY 1995 is 6l9 inmates, 522 males and  97 females, it was reported.

 

Warden Hardison explained the agency is requesting one new Correctional Casework Specialist to meet the required 125:1 inmate-to-counselor ratio. Warden Hardison explained in the Equipment category, the agency is requesting l2 hand-held portable radios. 

 

Senator Raggio asked if 6l9 inmates was the capacity for the facility.

 

Warden Hardison responded in the affirmative.

 

Senator Raggio asked, "Once this is reopened with that inmate population, and you're indicating very little, if anything, for enhancement of the facility, new equipment. Based on the budget, will, in your opinion, this facility meet the necessary standards?"

 

Warden Hardison responded in the affirmative and added, "....We'll make do with what we have."

 

Senator Raggio asked, "Does this put us in jeopardy of being sanctioned for not providing the required necessary standards of incarceration?"

 

Warden Hardison responded, "No, I don't think so....We're meeting the minimum requirements."

 

Senator Raggio asked what are the prison needs in anticipation of the facility reopening.

 

Warden Hardison explained, "Currently there are some public works projects underway. Reroofing the entire institution, which should be done in April and the smoke alarm system has to be reactivated."

 

Senator Raggio asked if Warden Hardison had any concerns regarding minimum classification inmates being housed with medium custody inmates.

 

Warden Hardison responded, "No, we've done it before."

 

Mr. Spitler asked how much time is required for staff to meet the July l, l993, reopening date.

 

Mr. Angelone interjected:

 

      If the plan, as it was developed, is followed in the BDR [Bill Draft Request] that you will receive...that explains the Facility Capacity Act. We are trying to encourage that a May l date of approval happens for that, so that it can be made into law and that between May and June we can start the process working where we will be able to release the inmates at a slow rate and move inmates from camp areas, as well as their camp budget....Some of the staff would be there beforehand....and in practicality within about 2 months.

 

Mr. Price asked what was the contingency plan in the anticipation of the FCA not passing.

 

Mr. Angelone responded, "Honestly, I do not have a contingency plan."

 

Senator Jacobsen suggested to move the inoperative heavy equipment to the Division of Forestry for repair instead of leaving it sitting out in the elements at the SNCC prison site. Continuing, Senator Jacobsen suggested "Isn't it an ideal time to get rid of that religious little segment there on the side?"

 

Mr. Angelone declared:

 

      I'm still under the court decree from l970-something where I cannot, under any way, forego that area for religious rights to Native Americans. I have stopped anyone who cannot prove that either they are Native Americans or have passed through the passage as someone not of Native American blood passes through on a reservation....I believe I can stop people that I believe are not going out there to do passage through the Native American religion, for going out there just to be themselves and we'll see what happens in federal court.

 

Ely State Prison - Page l248

 

Sherman Hatcher, Warden, Ely State Prison, Department of Prisons, testified the prison is located approximately 9 miles from Ely and houses maximum security and death-row inmates. The facility is equipped to house and care for the most unmanageable inmates who have been security problems in the Nevada prison system.  The facility offers religious, substance abuse and educational programs to inmates and staff.  An industry program that manufactures drapes and bedspreads has opened for the textile industry and employs 26 inmates.

 

Warden Hatcher stated the projected inmate population is l,l00 and the agency has requested an additional Correctional Casework Specialist. The prison is also requesting alarms be installed on the doors in the warehouse.

 

Warden Hatcher pointed out eight emergency lighting fixtures were being requested and explained emergency lighting is needed in prison industries, culinary and the laundry areas. It was explained the prison industries drapery factory is approximately l0,000 square feet with no backup lighting. When the power is interrupted, the lighting goes out for several minutes. Due to the environment and the nature of tools used to manufacture drapes, it is essential for safety and security to have backup lighting.

 

Warden Hatcher stated the inmate population is currently l,060, the rated capacity is l,026.  The projected capacity for FY 1994 and FY 1995 is l,l00.

 

Senator Raggio asked what was the difference between the rated capacity and current capacity.

 

Mr. Angelone stated:

 

      ...At Ely State Prison, during the time we were building this budget and we realized that we needed more bed space, we added some double bunks into areas, under maximum security, would not be double-bunked. But since we're using Phase I maximum, Phase II medium, we're able to double bunk and bring it up from going to critical operating to emergency.

 

Senator Raggio asked if there were any problems with availability of staff housing.

 

Warden Hatcher declared there has not been any further housing problems.

 

Senator Raggio asked about the lack of physicians in the Ely area.

 

Mr. Angelone responded it is not a problem "because we do have a physician, and a psychiatrist and psychologist out there right now...."

 

Senator Glomb asked Mr. Angelone about the risk associated with the prisons being kept at maximum capacity. Senator Glomb asked if the Ely State Prison is one of the facilities that is most at-risk.

 

Mr. Angelone replied:

 

      No this is not the one I worry about the most because...in the design of Ely State Prison, it's excellent....I do have gun coverage for all areas inside where the inmates and staff walk. I do have gun coverage inside the control areas of every housing unit so that we do have excellent coverage inside Ely. To answer your question about emergency capacity, at every prison I worry about that....The larger the medium security prison, the more I worry about it, because there you have inmates that are identified as not really minimum and could be out in a camp, and shouldn't be out in camp, and not really maximum security that should be at Ely, but are right there in the middle. Gang members....but yet they have total movement through the yard continuous with very limited coverage by staff. So it's a medium [rated facility]. I worry more about emergency capacity....Emergency capacity is a risky situation, it's not ideal, it's not one I like to be supervising.

 

Senator Raggio asked if there is a danger under the proposed plan that there may be inmates incarcerated in the maximum prison that should not be confined under that classification.

 

Mr. Angelone responded:

 

      No...Ely is two prisons. It's a medium and a maximum now. But in the maximum side, no....The other thing with the FCA...that good time for minimum inmates would be provided at the same rate they, by law, should be getting if they're working inside a fence. It will not stop their good time....

 

Senator Raggio expressed his concern of the possibility of misuse of the classification process in order to solve the housing problem.

 

Mr. Angelone avowed that situation "is not occurring."

 

Lovelock Correctional Center Page 1253

 

Senator Raggio pointed out the budget indicates a total of only two positions at this facility. "If you are going to delay the opening of this prison, it's difficult for me to believe that two positions will be adequate to take care of that facility," he stated.

 

Mr. Angelone stated under the current scenario, the DOP does not own the building, so the budget was only prepared for staff to provide water treatment and plant maintenance of the facility.

 

Mr. Stephens testified:

 

      We were not planning to operate the facility. From our point of view, the prison was going to take it over. I knew they were planning to have maintenance people there. As far as utilities are concerned, I assumed they were going to take care of the utility bill. But...from what was just said, they're not planning to do that. Is that correct? The [State] Public Works Board [SPWB] has no budget to pay for operating costs outside of the construction period.

 

Mr. Neill interjected that he spoke with Judy Matteucci and she declared that funding would be made available in the SPWB budget to pay for the utilities at the Ely State Prison.

 

Mr. Stephens advised he was not aware of any such agreement.

 

General discussion ensued regarding who would pay the utility expenses in the interim.

 

P. Forrest (Woodie) Thorne, Deputy Budget Administrator, Department  of Administration, testified:

 

      As I understand it, the prisons were to provide the minimal maintenance that would be required to keep the facility from deteriorating. There are a number of areas that need to be worked out as far as the details in dealing with power companies, for example....Where we may end up with a customer deposit...for the facility, will not be coming on-line. That is a refundable deposit that will be credited against future utility bills. There are a number of areas like this that need to be worked out. As far as the one indicated specifically in the budget...For the boiler maintenance, there was some concern about the number of personnel that would be required to keep that on an operational basis, but this is not a steam or pressure boiler situation, it's a hot water system which requires a much lower level.

 

Senator Raggio asked, "Aren't you going to have to have a couple of people there at all times...or do you plan to leave the building sit out there by itself?"

 

Mr. Angelone interjected:

 

      We've just received a National Institute of Corrections grant to send Warden Burns and the Chief of Plant Operations to look at two early detection prison fence systems. These fences were developed to tell us when inmates are escaping....We are looking to see if we can merge with [State] Public Works [Board] and have some money available to have this fence put in around the prison so that we know if someone is trying to get into the prison. We will not have people there 24 hours a day.

 

Senator Raggio countered, "You're going to have to have live bodies out there, I would think at all times. You don't plan to just leave that building sit there, even with an invisible fence, do you? How much was that building, $45 million?"

 

Mr. Angelone agreed with Senator Raggio and added:

 

      Of course it's going to be the department's responsibility to provide the employees that would have to be out there. We'd have to eat that out of our own current FTEs [full time equivalents] that are available in the department. But no, there was nothing planned since the building was not part of the department and the recommendation to us was to only provide a boiler operator.

 

Senator Raggio directed "...You need to submit to us a budget on how this facility is going to be preserved and maintained during the period it is not going to be operating...."

 

Senator Glomb questioned that if the FCA does not pass, will the DOP need the facility and is the facility ready to open?

 

Mr. Angelone stated, "If the FCA is not passed, we'd need money to keep the camps open, and open up Jean, and run all our institutions and all our camps at emergency capacity."

 

Senator Glomb asked, "So you would still not open this facility?"

 

Mr. Angelone affirmed, "We would still not open it. We would go from asking for $22.6 million to asking for...$47 million. That's why we would run all the prisons at emergency capacity because that would cost $22.6 million to do that."

 

Mr. Spitler expressed his concern the warranties will expire before the prison is occupied. Mr. Spitler suggested leasing the facility, perhaps to the federal government, on a temporary basis during the interim.

 

Mr. Angelone stated:

 

      ...We know the Federal Bureau of Prisons is looking at Fallon and...the Ely area. But I think they are more explicitly looking at the Fallon area....The thing I want to look at before I would present this to the Governor, is what impact would this have on the town of Lovelock in reference to are these people just going to move in? I realize the salaries would be nice. Our prison would be taken care of...and the state would be receiving money for the use of our facility....Is there an infrastructure there that is going to take care of that for them...?

 

Mr. Dini pointed out when the Ely prison was completed, a dry run was conducted with 50 inmates and they "shook it down and ran it to find out if it was all working....Is anybody going to do that at this one, or just leave it sit there when it's completed. Seems to me like you've got to do that to get your warranties...."

 

Mr. Angelone declared:

 

      No, we never had 50 in, but we had a minimum security group of inmates that is housed there at Ely, on the outside fence, about 26 of them, and they were working and moving things and getting things ready. The warranties...normally would run [out] within 2 years. I know the [State] Public Works Board is developing a program right now....We are going to have all of the institution checked out, but it's not going to be when we're housing inmates there....but it will be staff that turns things on and checks things out and makes sure they're running.

 

Mr. Dini asked how will deficiencies be detected if the prison is unoccupied.

 

Mr. Angelone declared, "...We didn't need to do that at Ely, we wouldn't need to do that at Lovelock. We know the prison is sound and built the way we had it designed, we're not going to worry about the inmates trying to get out."

 

Mrs. Williams asked for an explanation of the difference between the impact of federal prisoners versus state prisoners "on an area," and asked, "Won't the impact on the town be the same, regardless of who the prisoners are?"

 

Mr. Angelone responded in the affirmative and added:

 

      But the idea is this is a state project. If Lovelock was opened with the DOP, state project, state inmates in our system, and we've already talked to them. I think the state needs to know are we just making money, or giving the federal government a building for $22 a day per bed. And, is the City of Lovelock being impacted?

 

Mrs. Williams declared, "If we are getting some money back on our investment, as opposed to just letting it sit there and there are  people working there and people using the businesses in that town, what difference does it make if they are state or federal people?"

 

Mr. Angelone agreed and added:

 

      I want to make sure I cover as many loopholes to make sure that if we are allowed to and the federal government does merge with that, and use it for us, that I haven't left a hole open where all of a sudden the welfare rates in Lovelock go sky high and they were not ready for it. I just want to communicate with the Lovelock people.

 

Mrs. Williams asked if he followed that procedure for the town of Ely.

 

Mr. Angelone said, "It happened at the beginning when I had concerned individuals from the county call me on it."

 

Senator Raggio interjected:

 

      ...I can't believe this has been all that well thought out. In all fairness to all of the comments here, Lovelock was selected as a site by both the Governor and by this legislature and unlike Ely, where we made Lovelock jump through a whole bunch of hoops, and we got a commitment from them that they would do certain things and they were told they had to do these things....They have gone out and saddled themselves with building a school that they wouldn't have otherwise needed, I guess gone into debt for that....They have relied, to their detriment, on the representations of this state that was going to occur and whether or not we think they ought to get a benefit or not, they relied on that. We're now, all of a sudden, pulling the rug out from under them, leaving them with the debt service necessary that they would not have otherwise incurred....This is a very tragic thing. Maybe Reno or Henderson or someplace else could absorb that, but Pershing County, I don't think can. I think this is a really troublesome situation.

 

      Another point, if this FCA is such a great thing, and it doesn't cause the concern that some of us have expressed, why doesn't the federal government adopt the FCA and instead of building new prisons, why doesn't it release people when they get to 98 percent of capacity...? That raises the question in my mind of whether philosophically and from the standpoint of public safety, we ought to be even considering the adoption of such an act....

 

Mr. Angelone agreed and reiterated "...This is not the best plan, it's not a great plan, it's the only plan based on $85 million...."

 

Senator Raggio urged Mr. Angelone to meet with the Governor again regarding his recommended budget for the DOP and declared "I think this part of it is extremely troublesome as well as the honor camp situation."

 

Mr. Angelone declared he will return to the Governor and readdress the matter.

 

Northern Nevada Correctional Center - Page l262

 

Brenda Burns, Warden, Northern Nevada Correctional Center (NNCC),  Department of Prisons, testified the NNCC is a medium security institution located near the Stewart complex in Carson City. NNCC receives and evaluates all males sentenced to the DOP by the courts in northern Nevada.  NNCC is also home of the new Regional Medical Facility which is scheduled to open in September l993.  NNCC employs inmates in such industries as metal fabrication, office furniture manufacturing and upholstery.  Educational programs, including Western Nevada Community College evening classes, and an apprenticeship chef's program are offered to inmates, as well as religious, substance abuse and sexual offender programs. 

 

Warden Burns declared the Regional Medical Facility will add l02 male and l0 female beds to the capacity. The inmate population averaged 8l9 in FY 1992 and is projected at l,306 for FY 1994 and l,330 for FY 1995, she declared.

 

Senator Raggio asked what changes are being necessitated by the budget reduction and how will that affect the operation of the facility.

 

Warden Burns referenced the Base portion of the budget and declared it reflects the continuation of existing programs with the addition of two transferred casework specialists from the proposed camp closing. Also, it is proposed that four additional correctional staff be employed to operate unit 6, the present mental health unit. The agency is also requesting six correctional staff for the Regional Medical Facility due to open in September l993. Because of the added units, it is necessary to hire an additional maintenance staff, she recited.

 

Senator Raggio asked what was the present inmate population.

 

Warden Burns answered 891.

 

Stewart Conservation Camp - Page l278

 

Warden Burns explained the Stewart Conservation Camp houses minimum and community trustee custody inmates in an open facility, immediately adjacent to the NNCC. The majority of inmates housed at this facility support the NDF program of conservation projects and fire suppression activities.  Other inmates are assigned to work at the prison ranch and at other state agencies.  The camp has a rated operating capacity of l88. An expansion and renovation which will increase the capacity to 224 is scheduled to be completed by June l995. The average population for FY 1992 was l87. The projected average inmate population for FY 1994 is l88 and FY 1995 is l9l.

 

Dan Daly, Civil Engineer, State Public Works Board, testified advertisement for an architect and engineer would be done in September l993. The design process would take approximately 6 months and it would take approximately l2 months for construction.

 

Senator Raggio asked during FY 1994 and FY 1995, with the expansion not to be completed in that time frame, "are you going to still have the capacity for the l9l that you are projecting here? When it is completed, then you will go up to 224?"

 

Warden Burns responded in the affirmative and added after completion the facility capacity will increase to 224.

 

Nevada Women's Correctional Center - Page l268

 

Miles Long, Warden, Nevada Women's Correctional Center (NWCC), Department  of Prisons, testified the NWCC is the female reception center and major female institution for the state. Located in Carson City, NWCC houses inmates of all custody levels, from maximum to community trustee. The average inmate population in FY 1992 was 226 and is projected at 254 for FY 1994 and 287 for FY 1995.

 

Senator Raggio asked how the budget reductions affected the facility.

 

Warden Long responded with the closing of the Reno Correctional Center, the captain's position will be moved to the NWCC.

 

Senator Raggio asked what was the present inmate population at the NWCC.

 

Warden Long responded 231.

 

Senator O'Donnell asked for an explanation of Operating Expenses in the negative amount of <$33,000> requested by the agency, yet the Governor recommended $34,000.

 

Mr. Neill explained:

 

      The original budget request called for opening up the Las Vegas minimum facility for women. At that time, our budget would have actually gone down for inmates at the women's center in Carson City due to that expansion. Since that wasn't recommended by the Governor, now we have an increase to this budget because the inmates are staying there.

 

Senator Glomb asked what prison industries are offered at the NWCC.

 

Mr. Miles stated Bently of Nevada, Corporation, an electronics firm, employs inmates to assemble circuit boards.

 

Senator Glomb asked the number of participating inmates in the prison industry program.

 

Mr. Miles declared l6, out of 23l inmates, are participating.

 

Senator Glomb asked if expansion of the opportunity has been extended to the female inmates.

 

Warden Long answered:

 

      The expansion of that particular program depends on Bently of Nevada, Corporation, business. It is a program operated, including supervision, by Bently of Nevada, Corporation. Yes, they tell me they would like to expand it, they tell me it will be dependent upon some orders that will be placed in the coming year....

 

Senator Jacobsen praised the Bently of Nevada, Corporation and pointed out they have contributed greatly to the community as well as the Western Nevada Community College.

 

Mrs. Williams asked what type of educational opportunities were available for females at the facility.

 

Warden Long responded the Carson City School District provides a high school program and culinary arts program. Additionally, Western Nevada Community College provides various programs.

 

Senator Raggio acknowledged a letter from Mr. Angelone, dated February l8, 1993, Exhibit S, and explained the contents address the issue of the interior doors at the Reno Correctional Facility. The letter points out it was determined by the DOP it would be more cost effective to leave the doors intact and simply convert them to manual control at a cost of $420.

 

Silver Springs Conservation Camp - Page l304

 

Warden Long testified the facility is a female minimum custody facility located approximately 30 miles east of Carson City. Inmates housed at the Silver Springs Conservation Camp (SSCC) either work at the camp or are employed by the NDF in conservation work, fire suppression activities or public service projects.  In order to accommodate a greater demand for female beds, brought on partially by the closing of the Reno Correctional Facility, the capacity of SSCC is being increased from ll2 to l68.  This is being accomplished by adding 28 more bunk beds to the existing space.  The FY 1992 average population was 78 and is projected at l68 for FY 1994 and FY 1995.

 

Warden Long reported the current capacity of the facility is l63 and the staff of l2 has not been increased.

 

Senator Raggio asked if that was an adequate staffing level.

 

Warden Long declared, "So far, it seems just fine. We are not experiencing any great problems...."

 

Mr. Dini complimented the warden on the operation of the facility.

 

Senator Jacobsen and Mr. Dini stressed the facility is highly utilized and of great assistance to surrounding communities.

 

Northern Nevada Restitution Center  - Page l2l5

 

Warden Long reported the Northern Nevada Restitution Center (NNRC) is located in Reno and functions as a community trustee facility, housing inmates who are employed in the community.  From earned income, inmates make restitution payments to victims and criminal justice agencies and are allowed to accumulate funds to facilitate their release to the community.  NNRC will relocate to the former site of the Reno Correctional Center facility in March l993. This move will create savings in excess of $l million per year and allow 28 more inmates to be housed at the restitution center. In order to eliminate the additional staff needed in a coed facility, the center will house only male inmates starting in FY 1994.  The inmate population averaged 56 in FY 1992 and is projected at 88 for both FY 1994 and FY 1995.

 

Senator Raggio asked if the warden had any reservations regarding the appropriateness of the facility to the type of inmate designated to be housed there.

 

Warden Long responded the facility is being modified and "we have asked to retain the former Reno Correctional Center facility maintenance person and keep him at the new restitution center based on it being a larger facility with complex air handler systems...."

 

Mr. Spitler asked if the FCA is approved "will this in any way throw the numbers differently in terms of how you currently have federal prisoners there and I think they contribute a significant amount of money. Would that change the numbers at all? You're lowering the bed count in the prison system, so those coming out of the Nevada State Prison system to this system...how would it impact?"

 

Mr. Neill responded presently some of the inmates in restitution centers are expiring their sentences, but with the passing of the FCA they will all be facing parole.

 

Nevada State Prison - Page l256

 

John Ignacio, Warden, Nevada State Prison, Department of Prisons, testified the Nevada State Prison (NSP) is a medium security institution located in Carson City.  It was designed with 59l cells and has a rated operating capacity of 739 inmates. The threshold for the emergency capacity of the institution is 827. The NSP offers numerous religious, substance abuse and educational programs to inmates, including college courses sponsored by Western Nevada Community College as well as individual and group counseling services.  There is also a hobby-craft program offered at the facility. The Department of Motor Vehicles and Public Safety operates a license plate factory at this institution.  The average population for FY 1992 was 732 inmates. Budgeted inmate population for FY 1994 and FY 1995 is 739.

 

Senator Raggio asked how the budget reductions affected the facility.

 

Warden Ignacio stated, "I have no problems."

 

Mr. Angelone interceded, "The NSP has always been capped due to the Phillips agreement of 739 [inmates], so they are running exactly under the similar type program, but inside the system under that court decree of a maximum number of inmates allowed at NSP."

 

Senator Raggio asked if cell blocks A and B were fully functional.

 

Warden Ignacio responded in the affirmative and added work is currently under way to convert the mechanical locks to electronic locks.

 

Mr. Spitler referenced the kitchen facility renovation project and asked if the facility would have to be shut down completely during the renovation.

 

Mr. Angelone interjected:

 

      We were told that this project would be a renovation of the culinary as it exists now. I don't believe that can happen. I think I need to revisit with the [State] Public Works Board as soon as possible....I have a constitutional mandate that I will provide three hot meals, or at least two hot meals and one cold, every day of the week an inmate is in prison....At some point, something is not going to work and 738 inmates are going to be without food....

 

Mr. Spitler expressed his concern how the inmates would be accommodated if the unit is shut down during the renovation process.

 

Various attendees in the audience submitted letters of support to keep the prison honor camps open. Those documents have been included as Exhibit T, (Exhibit T - Original on File in the Research Library).

 

There being nor further business to come before the committee, Chairman Raggio adjourned the meeting at 5:00 p.m.

 

 

            RESPECTFULLY SUBMITTED:

 

 

 

                                    

            Dee Crawford,

            Committee Secretary

 

 

 

APPROVED BY:

 

 

 

 

                                   

Senator William J. Raggio, Chairman

 

 

DATE:                              

 

 

 

 

                                   

Mr. Morse Arberry, Jr., Chairman

 

 

DATE:                              

 

 

??

 

 

 

 

 

 

 

Senate Committee on Finance

Assembly Committee on Ways and Means

February 19, 1993

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