Corrections Committee

CORRECTIONS COMMITTEE

The Corrections Committee was assigned two studies. Section 5 of Senate Bill No. 2016 directed a study of the facilities and operations of the Department of Corrections and Rehabilitation. Section 5 required that the study was to include the use of consultant services. Section 5 also required that the study include an analysis and evaluation of all current facilities used by the department, the future facility needs, the staffing needs of the department, the anticipated need for additional prison beds, and a cost-benefit analysis of the department's current and proposed programs. Senate Concurrent Resolution No. 4018 directed a study of the commitment procedures contained in North Dakota Century Code (NDCC) Chapter 25-03.1 and the commitment laws from other states to determine if North Dakota law sufficiently addresses the treatment needs of controlled substance abusers in this state, to study the mandatory minimum sentence requirements of NDCC Chapter 19-03.1 and the mandatory minimum sentencing laws from other states and the federal government relating to drug offenses, and to study the need for legislation to assist in the cooperative efforts of state, local, and federal agencies to combat unlawful drug use and abuse in this state. The Legislative Council also assigned to the committee the responsibility to receive a report, pursuant to Section 19-03.1-44, from the Attorney General on the current status and trends of unlawful drug use and abuse and drug control and enforcement efforts in this state.

Committee members were Representatives Duane DeKrey (Chairman), Ron Carlisle, Howard Grumbo, Gil Herbel, George Keiser, Joe Kroeber, John Mahoney, Ken Svedjan, Laurel Thoreson, John M. Warner, and Amy Warnke and Senators Dick Dever, Jerome Kelsh, Stanley W. Lyson, Carolyn Nelson, Dave Nething, and Darlene Watne.

The committee submitted this report to the Legislative Council at the biennial meeting of the Council in November 2002. The Council accepted the report for submission to the 58th Legislative Assembly.

CORRECTIONAL SYSTEM STUDY
Background

The Department of Corrections and Rehabilitation includes two major divisions--the Adult Services Division and the Division of Juvenile Services. Within each division is an institutional division and a community division. Therefore, the four areas the Department of Corrections and Rehabilitation oversees are the Prisons Division (North Dakota State Penitentiary, James River Correctional Center, and Missouri River Correctional Center), the Field Services Division (adult parole and probation across the state), the North Dakota Youth Correctional Center, and Juvenile Community Services.

The State Penitentiary in eastern Bismarck is the main prison complex and houses maximum security inmates as well as some medium security inmates. The James River Correctional Center at Jamestown is designed to hold medium security male inmates and has the bulk of the women inmates. The Missouri River Correctional Center in southwest Bismarck houses minimum security male and female inmates. The Revocation Center, located at the Stutsman County Correctional Center, is managed through the department's Field Services Division, and houses both inmates and noninmates. Other inmates may be held in local correctional centers, in the community placement program, and in other states through the interstate compact program.

State Penitentiary

North Dakota Century Code Section 12-47-01 provides for the establishment of the State Penitentiary. The State Penitentiary, which was founded in 1885, is located in Bismarck and is the general penitentiary and prison of the state for the punishment and reformation of offenders against the laws of the state. In 1997 Section 12-47-01 was amended to permit the director of the Department of Corrections and Rehabilitation to establish affiliated facilities at other locations throughout the state within the limits of legislative appropriations. The Penitentiary and the immediate surrounding property occupy approximately 200 acres on the eastern outskirts of Bismarck. In addition, the Penitentiary owns or leases approximately 4,400 acres, which include the Missouri River Correctional Center and other lands used for farming purposes.

The Penitentiary facility is composed of seven units that are used to house male inmates. Other buildings located at the Penitentiary site include a food service building, education building, the administration building, a recreation building, a purchasing and distribution building, the visiting center, power plant, chiller building, old slaughterhouse, pressing room, program building, dairy barn, wood granary, the Sunny Farm barn, the Roughrider Industries office and warehouse, and a machine storage pole barn.

Pursuant to NDCC Section 12-47-11, the warden, under the direction of the director of the Division of Adult Services, is the person responsible for the custody and control of the Penitentiary, its lands, its property, and its inmates. The warden is responsible for the policing of the Penitentiary and the discipline of the inmates.

James River Correctional Center

The James River Correctional Center (JRCC), which is located on the grounds of the State Hospital in Jamestown, was completed for use as a correctional facility in 1998. The JRCC contains three units for its inmate population. The second floor of the center is a medium security male unit with dormitory-style cells and an inmate capacity of 160. The female unit, which is located on the third and fourth floors, is a medium security, dormitory-style unit that has a capacity of 80. The JRCC also includes a newly constructed building for Roughrider Industries. The JRCC uses the building previously called the Forensic Unit to house mentally ill inmates and those requiring segregation from the male population for safety reasons.

Missouri River Correctional Center

The Missouri River Correctional Center (MRCC) is located eight miles south of Bismarck near the Missouri River. The MRCC has no walls or barriers to contain the inmates and is located in a wooded setting. The institution houses male and female inmates whose sentences are not less than 30 days nor more than one year. The buildings at the MRCC include a manager's residence, male and female inmate housing units, a library, recreation building, vocational education building, industries building, storage barn, auto mechanic classroom, kitchen and dining room, treatment building, equipment repair shop, and various storage buildings. The inmate housing facilities at the MRCC include a minimum security, dormitory-style housing unit for male inmates which has a capacity of 136. In addition, there is a minimum security, dormitory-style housing unit for female inmates with a capacity of 14. The administration of the MRCC is under the jurisdiction of the warden of the State Penitentiary, but a manager lives onsite and conducts the day-to-day administration.

Among the education programs offered to the inmates of the MRCC are included a high school equivalency program, a resident tutoring program, a business education class, welding and automotive programs, carpentry classes, and prerelease and education release programs.

Field Services Division

The Field Services Division has offices across the state staffed by parole and probation officers. The division manages offenders sentenced to supervision by a court, released to parole by the Parole Board, sent to community placement by the director, and placed at the Revocation Center. The division staff supervise offender compliance with the supervision conditions and provide cognitive behavioral and other forms of counseling services. The division also manages the victims services program to help mitigate the suffering of crime victims by providing fiscal support and services to crime victims.

Division of Juvenile Services

The Community Services Division of the Division of Juvenile Services has nine satellite offices serving the eight human services regions across the state and is staffed to provide supervision to juveniles committed by the courts. The division's case managers supervise about 500 juveniles per day. Approximately 40 percent of those juveniles are in their homes, 25 percent are in residential foster care or group homes, eight percent are in therapeutic foster care or in individual homes, and 12percent are institutionalized.

The Division of Juvenile Services also oversees the North Dakota Youth Correctional Center. The Youth Correctional Center, located south of Mandan, is the state's secure juvenile correctional institution. The Youth Correctional Center serves as a secure detention and rehabilitation facility for adjudicated juveniles who require the most restrictive placement and maximum staff supervision and which provides appropriate programming to address delinquent behavior. The basic mission of the Youth Correctional Center is to protect society while providing education and therapeutic services to troubled adolescents within a safe and secure environment. Juvenile programming at the Youth Correctional Center includes drug and alcohol programming, child psychiatric and psychological services, a pretreatment program for sex offenders, a special management program for juveniles who are difficult to manage, and a security intervention group program to inform, educate, and provide juveniles with alternatives to gang activity and gang affiliation. The Youth Correctional Center provides adjudicated adolescents an opportunity to complete or progress toward completing their education coursework while in residence. There are typically about 90 juveniles at the center with 70 to 75 in treatment and the remainder divided between detention, evaluation, and time-out.

Consultant Services and Methodology

Section 6 of Senate Bill No. 2016 provided for an appropriation of $200,000 for the purpose of contracting with a consultant to conduct the study of the facilities and operations of the Department of Corrections and Rehabilitation. The committee received proposals from two companies that specialized in studies of correctional facilities, both of which were recommended by the National Institute for Corrections. The committee selected and contracted with Security Response Technologies, Inc. (SRT), a consulting company based in Middleton, Massachusetts. Security Response Technologies, Inc. began its work on December 1, 2001, and concluded the study with the presentation of a final report to the committee on June 27, 2002.

The consultant's project team gathered information to evaluate the department's current facilities, assess the department's future capacity needs, examine its current operations, and analyze its programs. The project team spent over 1,200 hours over the course of six trips to North Dakota collecting data. The team used the following techniques to collect data:

The consultant reviewed internal and published documents regarding the operations, programs, and facilities of the Department of Corrections and Rehabilitation to obtain information pertinent to the project.
The consultant's team toured the institutions by conducting extensive, repeated inspections at each of the department's primary facilities, including the Penitentiary, the JRCC, the MRCC, and the Youth Correctional Center. Each facility was toured a minimum of three times. Initial tours were conducted to gain a general orientation on the layout and operation of each facility. In subsequent visits the members of the project team personally inspected each building and building system at these institutions.
The consultant's team conducted formal interviews with 33 department managers. In many cases multiple sessions were held with individuals to revisit specific points of inquiry. In addition, the team conducted numerous informal interviews with both staff and inmates during the course of facility tours. Team members discussed facility operations with staff on every shift at each facility in order to establish a comprehensive view of issues at each institution. In addition, interviews were conducted with state's attorneys, members of the Legislative Assembly, and the Chief Justice of the Supreme Court in order to gain a broader perspective of the department.
The consultant's team analyzed data on characteristics of the offender population provided by the department's information management system, as well as data tracked by the department's Office of Planning, to identify the key issues facing the department in each of the areas of capacity planning, offender programs, facility operations, and physical plant assessment.

The committee, together with members of the consultant's team and members of the Budget Tour Group, toured the facilities at the State Penitentiary, Roughrider Industries, the James River Correctional Center (JRCC), the Missouri River Correctional Center (MRCC), the Youth Correctional Center, and the State Hospital. The committee received testimony that the number of inmates as of December 1, 2001, was 1,127, which consisted of 535 inmates at the State Penitentiary, 342 inmates at the JRCC, 139 inmates at the MRCC, 11 inmates in county jails, 18 inmates at the Thompkins Rehabilitation and Corrections Unit (TRCU), 13 inmates at the DUI offender treatment center at the State Hospital, 34 inmates in community placement programs, and 35 inmates at a private correctional facility in Appleton, Minnesota. The committee also received testimony that the number of mentally ill inmates is an area of concern for the department. During the past 23 months, 710 inmates received contracted psychiatric care. It was reported that 33 percent of all inmates under the care of the department are receiving psychiatric care. It was noted that mentally ill inmates account for 78 percent of serious behavior incidents. The committee also received testimony that a need exists at the MRCC for a new food service and multipurpose facility to replace the current food service building. During the tour of the Youth Correctional Center, the committee received testimony that mental health problems are an increasing problem with the students sentenced to the facility. It was noted that about 80 percent of all students at the center are male and that about 80 percent of all students have some type of drug or alcohol problem. Testimony received during the tour of the JRCC indicated that housing women and men together in the same facility has created numerous problems. According to the testimony, the situation forces the department to operate the medium security facility with maximum security procedures to protect the female inmates from the male inmates. The testimony indicated that the construction of a new women's unit at a separate location at the JRCC would eliminate many of these problems.

Consultant Findings and Recommendations

This portion of the report presents the findings and recommendations of the consultant's study of the Department of Corrections and Rehabilitation as well as the response of the department to those recommendations. The consultant's report included findings and recommendations in the following areas: population and capacity management, physical plant, operations, and programs.

Population and Capacity Management
Findings

According to the findings of the consultant, the state's correctional system is operating at or near the limit of its current capacity. With only 971 readily available prison beds, the department is managing over 1,100 inmates, forcing it to rely upon contracted beds in county jails and the privately operated correctional facility located in Appleton, Minnesota. Available capacity to house female offenders is a particularly critical issue.

The inmate population will continue to grow. The consultant's projections indicate that the number of inmates in the North Dakota prison system will continue to grow by approximately 3 percent annually, resulting in an additional 415 offenders by the year 2012. The female offender population will grow even faster, adding 84 inmates over the next 10 years, a 67 percent increase over the current population. Although North Dakota has not experienced an increase in its overall population, the inmate population is projected to increase because of the anticipated increase in drug crimes, especially methamphetamine-related drug crimes, because of the decline in the rate of parole, and because of the state's sentencing practices.

Recommendations

To resolve the population and capacity management concerns, the consultant recommended the following:

Expand the corrections rehabilitation and recovery program by an additional 25 beds for female offenders. This initiative is currently under negotiation with the State Hospital and would provide some of the additional capacity needed for the female population.
Increase contracting with county jails and the Prairie Correctional Facility in Appleton, Minnesota, as needed over the next year. Although expensive, the contractual beds provide additional capacity to manage short-term population growth.
Accelerate parole reviews of eligible offenders. North Dakota paroles offenders later in their prison term than virtually any other state. By following the same pattern in the timing of parole decisions found nationally, projected prison population growth would be reduced by 45percent over the next 10years.
Build a new housing unit for female inmates at the JRCC. Construction of a 180-bed unit would provide sufficient capacity to manage the female population for the foreseeable future and provide an effective solution to many of the current problems experienced by the department in managing female offenders. The construction of such a facility would also free up 114 beds currently utilized by females for males, providing significant additional capacity to address projected male population growth.

According to the consultant, the implementation of these recommendations will allow the department to address its current capacity problems and manage projected prison population growth in a responsible, cost-effective manner.

In response to committee concerns about the recommended location for a new women's facility, the consultant testified that the JRCC was recommended for a new female unit over the MRCC because the MRCC lacks a secure perimeter, does not have medical services, and has other infrastructure issues. For these reasons, it would be more costly to build a new women's facility at the MRCC. The projected cost of a new female unit was $11,494,829, which includes the general housing unit, a multipurpose visitation and recreation area, medical services, and academic and vocational programming. According to the consultant, there is not a significant difference in the labor force in Jamestown and Bismarck and adequate services are available in both cities. It was noted that the JRCC has a staff that is already trained in working with female offenders. It was also noted that the JRCC has a power plant and that the road access is better at the JRCC than at the MRCC. According to the testimony, locating the new facility at the MRCC would also require the need to build up the physical plant, the access road, and the parking, all of which are already in place at the JRCC. According to the testimony the MRCC is also limited on the amount of public water it can purchase and use. That problem could be overcome by the addition of a water tower, however, that would add $500,000 to the cost of the project. In response to a committee member's suggestion that the 900 acres surrounding the MRCC could be sold to help offset the cost of building the facility, the consultant noted it is not likely developers would want to build a residential development around a correctional facility.

According to the testimony of the consultants, the disparate treatment of female inmates could become a litigation issue. According to the testimony the two primary issues that lead to Department of Justice investigations of prisons are the treatment of the mentally ill and the treatment of female offenders. The testimony indicated that the Department of Justice has been very aggressive throughout the country in investigating the disparate treatment of females in prisons. It was noted that Michigan has been involved in litigation over similar issues for the past 25 years. According to the testimony North Dakota has clear issues regarding its female inmates which need to be addressed. The testimony indicated that these issues have arisen due in part to the rapid growth of the state's female inmate population and the lack of adequate programs and facilities.

In response to committee concerns regarding the feasibility of contracting with a private prison company to provide prison beds for the female inmates or for a portion or all of the male inmate population, the consultant indicated that large-scale privatization is not feasible for North Dakota. The testimony indicated that contracting for an entire facility requires the state to pay for more beds than it may need. It was projected that privatization would result in increased state spending on corrections due to the department's need to continue to cover its fixed costs.

Several members of the committee expressed concern that the consultant's report did not include a full assessment of prison privatization in the state. According to the committee members, the privatization option should have been explored further.

Another committee member expressed concern that the consultant did not adequately explore the option of a fully integrated single-unit system. According to the concerns, the experts did not give their vision of long-term ways to maximize the return on the investment of the state's taxpayers.

Department's Response

Regarding the consultant's recommendation that the corrections rehabilitation and recovery program be expanded, the committee received testimony from the Department of Corrections and Rehabilitation that the department, in its 2003-05 budget request, has requested new treatment staff positions to provide adequate treatment for the female offenders in the new women's unit. According to the testimony the treatment will be structured to specifically meet the needs of female offenders. Regarding the consultant's recommendation to increase contracting with county jails and the Appleton, Minnesota, facility as needed over the next year, the department testified that the department does not anticipate it will need to increase contracting for housing outside of the department's facilities. With the addition of a new women's unit and implementation of the more aggressive parole process, the department will need fewer contract beds.

Regarding the recommendation to accelerate parole reviews of eligible offenders, the department testified that the acceleration of parole reviews of eligible offenders has been implemented. According to the testimony, on average, offenders can be paroled approximately 120 days longer than they were in 2001. According to the department the aggressive parole process will identify a few more offenders for parole each month than was the case in 2001. The testimony indicated that the department is already seeing a small impact of the implemented changes. According to the testimony the department's cost analysis indicates the aggressive parole planning will result in a $2,686,277 savings during the next biennium. The department estimated that if the Parole Board is able to continue the more aggressive paroling process, the inmate population will be 1,160 by July 1, 2003, rather than the 1,260 as indicated in the consultant's projections.

According to the testimony the department has been very conservative in its parole recommendations. It was noted the Parole Board relies heavily on the recommendations of the department. The testimony indicated that in developing the aggressive parole process, the department looked at the average sentence served, which is 22months. According to the testimony the department will be able to reduce the orientation process to three to four weeks rather than five weeks. Consequently, based on the time it takes to meet an inmate's treatment needs and the reduced orientation process, the average sentence can be reduced by 120 days. According to the department, research indicates that, upon the successful completion of treatment, moving an offender back into the community with aftercare supervision gives that offender the best chance of succeeding in society. It was noted that state's attorneys and judges get notice for all offenders appearing before the Parole Board. According to the department, not more than 60 parolees should be assigned to a parole officer. The department indicated it will be requesting an additional parole officer for each 60 persons added to parole.

The committee also received testimony from representatives of the Parole Board. According to the testimony, about the same number of offenders were paroled in 2001 as were paroled in 1990. In 1990, however, there were 475 inmates in the prison population compared to over 1,100 in 2001.

The department also testified it investigated all options for a new facility for housing female inmates. According to the testimony, in response to the consultant's recommendation, the department researched four options. The four options were to renovate the MRCC, build a new facility at the JRCC, build a new facility at the Penitentiary, and build a new facility in Fargo. Based upon the consultant's recommendation and the department's strategic planning process, the department testified it appears that the best and most economical location for the new women's unit is at the JRCC. It was noted that the MRCC is not adequate for expansion. According to the testimony the MRCC is a minimum security facility that does not have a fence around the perimeter, the inmates do not have constant supervision, and housing all women at the MRCC would make it difficult to keep the male and female inmates apart.

The department also testified that it had contacted the two major private prison corporations, Corrections Corporation of America and Wackenhutt Corrections Corporation. According to the testimony, to get an accurate estimate from these companies, a detailed request for proposal (RFP) would be needed. The testimony indicated it would take 30 to 60 days to prepare the RFP and another 30 to 60 days for the companies to respond.

The department indicated it has been working with the State Hospital on a plan to utilize some of the State Hospital facilities for prison use, including the food service and laundry areas.

Physical Plant
Findings

According to the consultant's findings, the primary facilities at the department's four major institutions--the Penitentiary, the JRCC, the MRCC, and the Youth Correctional Center--are largely in sound condition. With a reasonable investment in maintenance, each of these facilities can continue to be used effectively for the foreseeable future. It was also noted that all of the facilities of the department are very clean and well-maintained. According to the consultant, a clean facility is usually an indication that the facility is well-managed.

Each institution's physical plant currently has or can be expected to develop issues that will need to be addressed. To assure the efficient use of these facilities, the consultant recommended that the department, in consultation with the executive and the legislative branches, prioritize and fund work to address these issues.

Recommendations

With respect to the physical plant, the consultant recommended the following:

Invest an estimated $42 to $62 million in major capital repairs to the four facilities over the next 10 years. Major projects that need to be pursued during this time period include a new dietary building at the MRCC; a new female housing unit at the JRCC; a new Penitentiary gatehouse; a fire alarm system at the Youth Correctional Center; replacement of the Penitentiary east cellhouse; and other roofing and infrastructure projects.
Invest $14 to $21 million in facility maintenance over the next 10 years. This amount is based on the replacement value of the facilities and includes routine maintenance, minor capital repair, and the cost of contracts and salaries for maintenance staff.

According to the testimony the women's facility should be the top priority followed by the gatehouse at the Penitentiary. It was advised that in any construction project undertaken, it is important that the architects hired have experience in correctional facility design.

Department's Response

Regarding the recommendation that the department needs to invest an estimated $42 to $62 million in major capital repairs to the four facilities over the next 10years, the committee received testimony that the department agreed with this assessment. According to the testimony the new female housing unit, the MRCC dietary building, and the fire alarm system at the Youth Correctional Center are the most urgent. The department also agreed with the consultant's recommendation that the department needs to invest $14 to $21 million in facility maintenance over the next 10 years.

Operations
Findings

According to the consultant's findings, the department does not utilize a master roster or relief factor system. As a result, it is difficult for the department to justify its staffing needs to the Legislative Assembly and equally difficult for the Legislative Assembly to discern the department's needs to appropriate sufficient resources to meet those needs. The development of a good master roster begins with a post analysis and a calculation of the relief factor based upon the actual number of personnel required to staff a function complete with post coverage on days off, sick days, vacation, and other types of absences. According to the findings, over the years the department has underestimated its true staffing needs and opted instead to request only what it believes the Legislative Assembly will support. The result has been a staffing process that is based more on personalities and politics than on objective assessment tools. The consultant calculated a relief factor for the Penitentiary, which includes the MRCC and the JRCC. The consultant conducted a post analysis for each post on every shift, and the resulting posts were then applied to a master roster. The relief factor was then applied to the posts and the roster and the number of personnel required for each function was then calculated. The calculations showed the Penitentiary to have a seven-day relief factor of 1.62 and the JRCC to have a seven-day relief factor of 1.55.

Recommendations

The consultant recommended staff increases of 15.5full-time equivalent (FTE) positions at the Penitentiary, 30.7 FTE positions at the JRCC, 4.0 FTE positions at the MRCC, and 1.0 FTE position at the central office to enhance safety and security. The recommendations for the Penitentiary included a recommendation that one of the two deputy warden positions be converted to a warden position and the combined director of Prison Division/Warden position be split into two separate positions.

Regarding the major staffing deficiencies at the JRCC, the consultant recommended an additional 30.7FTE positions in the areas of security, administration, maintenance, and education. It was noted that the JRCC relies on a maintenance agreement with the State Hospital for most of its maintenance needs, but because the JRCC is a high-maintenance facility, it needs its own maintenance staff. It was also noted that two areas at the MRCC, the visiting room and the overnight shift, need to be addressed. It was pointed out that the visiting room is a prime location for the exchange of contraband, and it is essential that well-trained officers staff this function. It was noted that as the system grows and becomes more complex, the staffing issues raised in the report will need to be addressed. According to the testimony the Penitentiary and the JRCC are very staff intensive because of each facility's design.

It was also recommended that the department develop or acquire an information system for Field Services Division which can communicate with the Prison Division's ITAG system. Finally, it was recommended that the department integrate the policies and procedures of its various divisions into one policy manual and formalize an audit system to test policy compliance.

Department's Response

Regarding the consultant's operations recommendations, the committee received testimony from the department that it agreed that additional staff are necessary to assure security and to operate in an effective manner. The department will include these new FTE positions in its 2003-05 budget request. The department also agreed the position of warden of the Penitentiary and the position of the director of the Prisons Division should be separated. However, the department has concerns about eliminating one of the deputy warden positions at this time.

The department agreed with the recommendation that the department needs to develop or acquire an information system for the Field Services Division which can communicate with the Prison Division's ITAG system. However, the cost to integrate the two systems has been prohibitive. The testimony indicated the estimated cost to accomplish this in 2000 was over $800,000. According to the testimony the department will pursue this if the costs of integration decrease or if funding becomes available through grant sources.

Regarding the consultant's recommendation that the department integrate the policies and procedures of its various divisions into one policy manual and formalize an audit system to test policy compliance, the department responded that it will work toward this recommendation; however, it is not a priority at this time. According to testimony the department has a common personnel policy manual. Because the Division of Juvenile Services, Prisons Division, and Field Services Division policies, by necessity, are often different, integrating the policies into one policy manual would be very cumbersome.

Programs
Findings

The findings of the consultant regarding the department's programs are as follows:

The department lacks minimally adequate vocational training programs. Elimination of federal funding has resulted in a severe deterioration of the department's vocational training programs.
The classification instrument utilized by the department was developed in 1983 and has not been validated since its inception. The classification system has evolved considerably since its inception, changing in response to the types of issues facing the department.
The present intake process at the Penitentiary is completed in five weeks from the time of admission. This represents an extremely long amount of time to complete the classification process.
Female offenders do not have adequate access to programs. The coeducational housing system and general lack of program opportunities at the JRCC have had the effect of diminishing access of female offenders to program opportunities relative to male offenders in the system.

Recommendations

With respect to the findings regarding programming, the consultant recommended the following:

Increase educational programming at the JRCC. Two additional instructors and improved facilities are needed to increase access to educational programming. This is a particularly critical issue for the female inmates at the JRCC.
Expand vocational training programs. This will aid in the rehabilitation of offenders. The development of vocational programming for females is essential in order to assure equal access to programs.
Accelerate the processing of offenders through classification. More timely processing will speed the assignment of offenders into programs, shortening the amount of time an offender must wait before a parole hearing.
Review and validate the classification instrument. It is essential that any classification instrument be valid and reliable in order to assure the appropriate placement of offenders into housing and programs. A classification system specifically designed for females should be developed or acquired.
Explore expansion of the community placement program. Relative to other states, North Dakota underutilizes supervised management of inmates placed in the community. Based on the size and composition of the inmate population, the department should have no difficulty identifying additional low-risk inmates for this program.

Department's Response

The department agreed with the recommendation to increase educational programming at the JRCC. According to the department's testimony, improved access and adequate facilities for educational programming can be accomplished with the construction of a new women's unit and through the acquisition of the laundry and food service space from the State Hospital.

Regarding the consultant's recommendation to expand vocational training programs, the department will include a request in its 2003-05 budget request for additional vocational programming for inmates. Regarding the consultant's recommendation of the acceleration of the processing of offenders through classification, the testimony indicated the department is in the process of implementing this proposal. Under the accelerated process, inmates will be processed in three to four weeks rather than in five weeks.

In response to the consultant's recommendation that the classification instrument be reviewed and validated, the department testified it has submitted a request to the National Institute of Corrections to provide the technical assistance necessary to validate the classification instrument used by the Prisons Division. Regarding the consultant's recommendation to explore the expansion of the community placement program, the department indicated it has some concerns about expanding the program. It was noted that the newly operational Transition Center has taken 50 additional inmates out of the population and placed them in a community program. According to the testimony the department will continue to place eligible candidates in the community placement program. However, the department is concerned that placing additional inmates in the community placement program may not be in the best interest of public safety.

Privatization of Prison Facilities

In addition to the assessment of the consultant regarding the feasibility of privatizing prison facilities in the state, the committee received presentations from two private prison corporations, Wackenhutt Corrections Corporation (WCC) and Corrections Corporation of America (CCA), both of which operate private prison facilities throughout the country.

According to testimony received from WCC, the company has 56 facilities under contract worldwide with over 40,000 beds. The testimony indicated one of the advantages of privatization of correctional facilities is the ability to be innovative, creative, and flexible. According to the testimony, privatization also provides a cost-savings. It was estimated that a state can save 15 to 20percent in the construction phase and about 10percent annually in operating costs. The testimony indicated that privatization reduces the liability of the contracting agency. According to the testimony, 25percent of the correctional facilities in Oklahoma are privatized, and Texas has more than 30 private correctional facilities. The testimony indicated that another advantage of privatization of correctional facilities is that more project financing options are available to the private sector than are available to the state. Privatization, it was noted, also provides for corporate oversight and responsibility. A publicly traded company must be accountable. According to the testimony, when designing new facilities, a company's objective is to meet the operational needs of the client.

The testimony indicated that WCC builds facilities based on the needs of the client and on the requirements set forth in the RFP and the contract. The facilities are built with a design that can be expanded if needed. According to the testimony the smallest facility operated by WCC is 200 beds. The company's testimony indicated that it will design a facility that meets the state's needs and that a contract can be written so that the state will only pay for those beds that are needed.

According to the testimony both minimum and maximum security inmates can be housed in the same facility. This can be accomplished by compartmentalizing the facility. Because of management problems, it is not recommended that males and females be housed at the same facility. According to the testimony the average cost per day in this region is $42. It was noted that the per day cost includes programming. The testimony indicated that the typical amount of time from RFP to a facility being operational is about two years. That time period includes the RFP, negotiating the contract, designing the facility, obtaining permits, and construction. The testimony indicated that in this region, the average starting salary of employees would be $21,000 to $22,000.

The committee also received testimony from a representative of CCA. According to the testimony, CCA houses more than 54,000 inmates in 61 facilities under contract for management in 23 states, the District of Columbia, and Puerto Rico and provides treatment, programs, and health care for its inmates. It was noted that 86 percent of CCA's facilities are accredited by the American Correctional Association. According to the testimony the respective states pay for what is needed and a state can contract for a set number of beds or a certain percentage of that amount. It was noted that CCA does not handpick inmates. According to the testimony, CCA's average starting salary is around $21,000.

The committee also received testimony from the warden of Prairie Correctional Facility in Appleton, Minnesota. According to the testimony the facility houses 40 North Dakota inmates and has housed as many as 60 North Dakota inmates. The testimony indicated that the facility began as an economic development project in Appleton in an effort to create jobs and to develop a stable workforce in the area. In 1996 CCA purchased the facility. The facility has a maximum capacity of 1,365 inmates. The facility employs 400 persons and has an annual payroll of $10.5 million. Annually, the facility pays approximately $1 million in property taxes and $730,000 in utilities. It was noted the facility has not had any successful escapes nor has it had any facility-wide incidents. The facility offers a variety of programming, including drug and alcohol treatment and aftercare. According to the testimony, employees are paid a competitive wage for the region, and the facility has a fairly stable workforce. The testimony indicated that employees are required to complete 200 hours of training before having contact with inmates. According to the testimony the facility offers certified vocational training programs in a number of areas, including facility maintenance, plumbing, carpentry, computers, and hydraulics. It was noted the state of North Dakota pays $50 per day to house inmates at the Appleton facility.

Conclusion

Upon the receipt of the consultant's final report, the committee commended the Department of Corrections and Rehabilitation for its cooperation with the consultant and the efforts made by the department to respond to the recommendations of the final report. The committee concluded that the state's corrections budget has reached the saturation point, and the state needs to be more creative and inventive in the area of corrections. The committee also commended the efforts of the department and the State Hospital for working together to provide more cost-effective and efficient services.

SUBSTANCE ABUSE AND DRUG SENTENCING STUDY
Background

Senate Concurrent Resolution No. 4018 directed a study of the commitment procedures and treatment needs of substance abusers and mandatory sentencing requirements. Because some of the issues to be addressed in this study were the same or similar to the issues studied by the consultant hired by the committee to study the operations and facilities of the Department of Corrections and Rehabilitation, the information and testimony received by the committee which is applicable to both studies is discussed in the first portion of this report.

Mental Illness and Chemical Dependency

The majority of North Dakota's initial laws concerning the voluntary, involuntary, and emergency commitment of individuals with mental illness and chemical dependency were enacted in 1957 and were not substantially changed until 1977. In 1977 the Legislative Assembly enacted Senate Bill No. 2164, which is codified as NDCC Chapter 25-03.1. The bill established many of the commitment procedures for individuals with mental illness and chemical dependency. The bill was precipitated by a number of state and federal court decisions that had invalidated state commitment laws similar to North Dakota's.

A number of the commitment procedures contained in NDCC Chapter 25-03.1 have been amended since 1977. For example, in 1989, Senate Bill No. 2389 replaced the terms "alcoholic individual" and "drug addict" with "chemically dependent person"; the bill set forth more specific procedures for the application for involuntary treatment; and the bill permitted the parties to waive the preliminary hearing. In 1993 Senate Bill No.2370 authorized a state's attorney to seek reimbursement of funds expended by a county for a respondent who was determined to be indigent but is later found to have funds or property; clarified that a respondent has a right to a preliminary hearing; and set forth a procedure for a respondent to seek the discharge of a petition.

North Dakota Drug Laws

The Uniform Controlled Substances Act, codified as NDCC Chapter 19-03.1, is the primary law regulating controlled substances in North Dakota. The Act has been adopted in 48 states, the District of Columbia, Puerto Rico, and the United States Virgin Islands.

Chapter 19-03.1 was initially passed in 1971 and is administered by the State Board of Pharmacy. Controlled substances or drugs are divided into five schedule classifications ranging from Schedule I, which lists drugs having a high potential for abuse and no accepted medical use, to Schedule V, which lists drugs having a low potential for abuse and currently accepted medical use.

Mandatory Sentences for Drug Offenses

Mandatory sentencing laws have been among the more popular crime-fighting measures of recent years. Mandatory sentencing laws require that a judge impose a sentence of at least a specified length if certain criteria are met.

For proponents of mandatory sentences, their certainty and severity help ensure that incarceration goals will be achieved. Those goals include punishing the convicted and keeping them from committing more crimes for a period of time as well as deterring others not in prison from committing similar crimes. Critics of the laws, however, point out that mandatory minimums foreclose discretionary judgment when it may most be needed and that these laws result in instances of unjust punishment.

North Dakota Century Code Section 19-03.1-23 provides for mandatory terms of imprisonment for the manufacture, delivery, or the possession with intent to manufacture or deliver certain controlled substances. The crime with which an offender may be charged and the length of mandatory imprisonment under this section is dependent upon the classification of the controlled substance and whether the offender has previous convictions for that offense. Section 19-03.1-23.1 provides for increased penalties for aggravating factors in drug offenses, including the manufacture or distribution of a controlled substance in or on or within 1,000feet of a school or the delivery of a controlled substance to a minor.

Testimony and Committee Considerations

The committee received testimony and reviewed information submitted by the Department of Corrections and Rehabilitation, the Attorney General, the Department of Human Services, the Governor, and representatives of the North Dakota Commission on Drug and Alcohol Abuse regarding chemical dependency commitment and treatment and regarding drug offense sentencing requirements. The committee's considerations centered on four issues--mandatory drug sentences, substance abuse offenses and treatment, methamphetamine concerns, and a report from the Attorney General on the current status and trends of unlawful drug use and abuse and drug control and enforcement efforts in this state.

Mandatory Drug Sentences

The committee received testimony regarding the state's mandatory drug offense sentences. According to the testimony, among all admissions, 103 people, or 13.7 percent, were sentenced under mandatory laws for violent, sex, drug, or driving under the influence (DUI) offenses. Of those 103, 81percent were male. In 2001, 70.9 percent of mandatory admissions were for drug offenses. The average sentence was 27.5 months with a mandatory period to serve of 20.2 months. Of the total incarcerated population of 1,140 on February 1, 2002, 162 inmates, or 14.2percent, were incarcerated under mandatory sentence laws.

In 2001 the Legislative Assembly enacted House Bill No. 1364, which repealed the one-year and one-day mandatory time for first-time drug possession offenders. The bill became effective on August 1, 2001. According to the testimony the Department of Corrections and Rehabilitation completed an impact assessment of the bill shortly after the effective date of the bill and determined the bill to have no measurable impact on the number of offenders housed in secure confinement. To confirm these results, the consultant hired to study the department conducted a hand review of the sentencing survey reports on the 73 offenders admitted for either drug sale or possession or both to determine the applicability of the bill to offender. The hand review revealed that 5 of the 73 offenders appeared to be first-time offenders. According to the testimony this small number of offenders would have very little impact on the prison population.

The committee also received testimony that alternatives to the state's mandatory sentencing laws should be considered. According to the testimony there is a need for more education and treatment programs for the state's youth.

Following is a chart that indicates the sentences by offense type for inmates with mandatory sentences who were in the custody of the Department of Corrections and Rehabilitation in 2001:

Gender and Offense Type	Number of Admits (2001)	Average Sentence (Months)	Mandatory Time (Months)	Number of Persons Incarcerated (February 1, 2002)
Males	83	32.8	21.8	135
Violent	11	32.7	30	36
Sex offense	8	134.3	52	4
Drug sale/ possession	54	34.1	21.3	83
Driving under the influence	15	17.9	10.6	12
Females	20	237	11.2	27
Violent	0			2
Drug sale/ possession	19	25	12	24
Driving under the influence	1	12	6	1
Total	103	27.5	20.2	162

The committee makes no recommendation regarding the state's mandatory drug offense sentences.

Substance Abuse Offenses and Treatment

The committee received extensive testimony from the Department of Corrections and Rehabilitation and the Attorney General regarding substance abuse problems and substance abuse offenses being committed in the state. According to the testimony the majority of offenders sentenced to the Department of Corrections and Rehabilitation have serious chemical dependency issues. According to department records, in the past two years, 66 percent of offenders sentenced to prison have an alcohol or drug addiction. In addition, it was noted that if other addictions, such as gambling, are included in the calculations, 80 to 85 percent of inmates have some type of addiction. According to the testimony the primary treatment options in the prison include intensive outpatient treatment (4 weeks/30-36 hours); day treatment (5weeks/120 hours); long-term residential treatment (sixmonths to one year in the therapeutic community); the TRCU program (average 100 days early in sentence); and the DUI program (during last 90 days of sentence). The testimony indicated that of those offenders on parole or probation in the community, 64percent have been referred to treatment to address substance abuse or other treatment issues. According to the testimony the majority of offenders are able to remain crime-free upon release if they do not resume substance abuse.

The testimony indicated there are consequences for an inmate who refuses treatment. It was noted that the accumulation of "good time" requires the participation in treatment. According to the testimony the Parole Board considers an inmate's participation in treatment when reviewing an inmate's request for parole. The department also testified that most of the inmates sentenced for DUI violations have been charged with four or more DUIs. According to the testimony most of those inmates have gone through a treatment program at some point before being incarcerated, and a majority of those offenders participate in a treatment program while incarcerated. According to the testimony the recidivism rate of inmates who successfully complete treatment is about one-half of the general prison population.

The committee also received testimony that services for mental illness and substance abuse have moved from an institutional to community-based service model over the past several years. According to the testimony recent research indicates that chemical dependency alters the brain biology and that the brain alteration for a person using methamphetamines is very rapid and intense, more so than with other drugs. Because of this change, the person's response to methamphetamine addiction treatment may take longer than some other chemical addictions. According to the testimony there are no guarantees with treatment. It was noted that only about 10 percent of people trying to remain drug-free or alcohol-free are able to do so after their first treatment. According to the testimony a goal of treatment is not only a continuance of sobriety but also an increase in the person's ability to function in society. According to the testimony the Department of Human Services works closely with the Department of Corrections and Rehabilitation treatment programs. According to the testimony, treatment works best when it is combined with a cognitive approach

The committee also received testimony that various medications exist which are used for detoxification. The approval of more medications for the treatment of addiction is anticipated. According to the testimony there is a need for adequate funding to provide those medications. The testimony indicated in some cases, persons requiring treatment may need to continue to take a low dose of antidepressants for the remainder of their lives. According to the testimony the needed medications are provided to an inmate while the inmate is incarcerated, but often following an inmate's release, that person is often unable to afford to continue with the medication and relapses occur. The testimony indicated the regional human service centers provide samples and have indigent drug programs for those who cannot afford to purchase the medications. However, funding for those programs is diminishing.

Methamphetamine Concerns

The committee received extensive testimony regarding the changes in substance abuse patterns in the state, especially the use and manufacture of methamphetamines. According to the testimony the state has seen an explosion of methamphetamine use and methamphetamine-related crimes since the mid-1990s. According to the Attorney General, as of September 2002, the number of methamphetamine lab busts had reached 178, twice the number of busts for 2001. According to the testimony Williams County headed the list with 36 methamphetamine lab busts, followed by Ward County (23), Burleigh County (17), and Grand Forks County (14). The testimony indicated although methamphetamine use is becoming more prevalent in the state, increased public awareness of the indicators of methamphetamine labs, together with the efforts of drug task force agents and local law enforcement agencies, have led to an increasing success rate in detecting and eliminating the labs. The testimony indicated that to combat the methamphetamine problem, a broad and full public awareness of the problem is needed. The committee received testimony that a large amount of the ephedrine used to make methamphetamines comes from Canada. It was noted that other states, especially those in the midwest, are experiencing the same problems with methamphetamine manufacture and use. The typical methamphetamine lab in North Dakota is small, and the persons operating the labs include educated and uneducated, young and old. According to the testimony some of the trigger signs of a possible methamphetamine lab include an unusual smell, persons coming and going at odd hours, and people using a building believed to be unoccupied. The Bureau of Criminal Investigation only has 30 agents statewide so it must rely on the public for tips. According to the testimony many busts are made as the result of traffic stops. It was reported that in spite of the increases in the number of methamphetamine labs in the state, most of the methamphetamines used in the state are manufactured out of state.

The Attorney General's office has developed a program known as the North Dakota Retailers Meth Watch Program. The program is a partnership between the Attorney General's Bureau of Criminal Investigation and the state's retailers. The program's goals are to raise the level of awareness across the state of the methamphetamine lab problem, educate and train retail employees to recognize the telltale signs of individuals who are obtaining the necessary precursors of the illegal production of methamphetamine, and to eliminate the precursors. It was also noted it is important that the education process be extended into the school systems. However, the programs must be workable, and the programs must be introduced at an early level. According to the testimony the programs must also educate parents. The testimony stressed the need for the involvement of parents, schools, churches, law enforcement, and the community.

The Governor and the Attorney General have formed the North Dakota Commission on Drugs and Alcohol to evaluate existing programs in the areas of enforcement, prevention, and treatment. The commission includes several legislators as well as other persons who work in the areas of treatment, prevention, education, and law enforcement. The commission is studying which programs work and which do not work. The commission has received information from other states, including Kansas and Wyoming, regarding those states' problems, programs, and success stories. The commission has conducted eight public forums throughout the state in an effort to update the North Dakota comprehensive substance abuse prevention five-year plan. The Attorney General testified that the commission has also reviewed the state's mental illness commitment statutes regarding substance abuse and has concluded that the statutes do not need major change, but rather more education is needed in implementing the statutes that are in place. According to the testimony, education is the key and an overhaul of the commitment statutes is not needed.

Unlawful Drug Use and Abuse Report

The committee received a report from the Attorney General, pursuant to NDCC Section 19-03.1-44, on the current status and trends of unlawful drug use and abuse and drug control and enforcement efforts in this state. This initial report is intended to provide a statistical baseline from which future successes or failures can be compared. The report contained information compiled by the State Department of Health, the state crime laboratory, the Department of Human Services, the Department of Corrections and Rehabilitation, and the Attorney General. The testimony indicated that in the future, the Attorney General hopes to be able to correlate changes in statistics directly to the outcomes produced by the North Dakota Commission on Drugs and Alcohol.

The report included a summary from the 2001 Statewide Youth Risk Behavior Survey. The report provided information on the types of controlled substances tested at the state crime laboratory and the number of times tests were run for each controlled substance. According to the report, marijuana led the way during 2001 with 3,442 samples analyzed. The report also provided numbers from the Department of Human Services regarding treatment. The numbers reflected treatment statistics from the nine public providers across the state. The report also included information on the prison and probation component of the study. The analysis considered the number of admissions for drug offenses for the year, excluding parole violators. The report included an overview of current enforcement efforts to combat unlawful drug trafficking and usage and statistics on arrests. The report indicated that drug arrests in 2001 increased by 20.7 percent over 2000. According to the report, the number of methamphetamine lab busts is almost equally split between urban and rural locations.

Conclusion

It was the consensus of the committee that the laws and procedures in place regarding commitment for substance abuse and mental illness commitment are generally working well and do not need major change, but more education is needed in implementing the statutes that are in place.

The committee received updates on the progress of the efforts of the North Dakota Commission on Drugs and Alcohol. However, the committee finished its work before the commission's legislative recommendations were available for the committee's consideration. The committee was informed that any legislation developed by the commission would be introduced by the Attorney General.