MINUTES OF COMMITTEE ON WAYS AND MEANS AND SENATE FINANCE JOINT SUBCOMMITTEE ON PUBLIC SAFETY, TRANSPORTATION AND NATURAL RESOURCES Sixty-eighth Session May 23, 1995 The joint meeting of the Committee on Ways and Means and Senate Finance Joint Subcommittee on Public Safety, Transportation and Natural Resources was called to order at 8:00 a.m., on Tuesday, May 23, 1995, Chairman Fettic presiding in Room 321 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. ASSEMBLY COMMITTEE MEMBERS PRESENT: Mr. Thomas A. Fettic, Chairman Mr. Morse Arberry, Jr. Mr. Jack D. Close Ms. Chris Giunchigliani Mr. Larry L. Spitler SENATE COMMITTEE MEMBERS PRESENT: Senator Lawrence E. Jacobsen Senator William R. O'Donnell Senator Bernice Mathews COMMITTEE MEMBERS EXCUSED: Mr. John W. Marvel GUEST LEGISLATORS PRESENT: None STAFF MEMBERS PRESENT: Gary Ghiggeri, Deputy Fiscal Analyst Robert Guernsey, Deputy Fiscal Analyst OTHERS PRESENT: Lupe Gunderson, Parole Board Susan McCurdy, Parole Board Chairman Fettic suggested the meeting begin with testimony pertaining to the Parole Board as Mrs. Lupe Gunderson had other commitments later that morning. Mr. Ghiggeri explained the adjustments to the Parole Board budget account 101-3800. He stated the recommendations he was making increased the General Fund cost by approximately $4,571 the first year and reduction in General Fund appropriation of $13,996 the second year. He noted hire dates for the recommended new Parole Board Commissioner and new Management Assistant I are recommended for July 1, 1995 (to coincide with the revised opening date of the Lovelock Correctional Center) instead of September 1995 as recommended by the Governor. Included in the other recommended adjustments was funding to provide for the relocation of the Parole Board from Building 6 at Stewart to Building 107; funding will provide for trenching and cabling to continue access to NDOP's Computer System. The Parole Board had requested funding for a new telephone system, however, CIP 96-M2 for remodel of Building 107 includes funding for a new telephone system. Funding has also been recommended for two additional file cabinets per year ($779 in each year) which are recommended in E-720 and the "Unspecified Software" is recommended for deletion. Mr. Ghiggeri added the remaining adjustments were fine tuning and the redisplaying of some of the costs. Mr. Spitler asked whether there was any money in the budget for training. Mr. Ghiggeri replied the Governor had recommended training to provide for one commissioner per year to attend the McGeorge School of Law Professional Training Program. He stated the money had been left in the budget and not eliminated in the budget closing action. In addition there is money included in the budget for one commissioner per year to attend the APPA and API Conference. Mr. Ghiggeri stated the cost of sending one commissioner per year was $1,907. Mr. Spitler felt a minimum of two commissioners should be sent. Mrs. Lupe Gunderson representing the Parole Board explained the training lasts four to five days and felt the best program offered was in Colorado. Mr. Arberry maintained all the commissioners should be sent to training at one time. Mr. Close asked whether any of the commissioners had attended the McGeorge program. Mrs. Gunderson replied none had attended; the cost of the McGeorge program was $1,700 per person. Ms. Giunchigliani recommended establishing a $12,000 pool for training. Mr. Spitler hoped the pool would not support conference or convention expenses; he noted most board appointees are inexperienced and would profit from the training. Mr. Ghiggeri responded the funding for conferences is included in the operating category which is separate from the training category and the out-of-state travel costs associated with the conferences is in the out-of-state category. Mr. Close stated he was in favor of training and asked whether professional trainers could come to Nevada in order to save travel costs. Mrs. Gunderson responded she believed the McGeorge School of Law could arrange a training session in Nevada. Mr. Close encouraged the committee to look at this option as it would focus on the needs of Nevada. Senator Jacobsen asked how many square feet the Parole Board was occupying at Stewart. Mrs. Gunderson replied the board occupied 1,500 square feet and most likely would be expanding within the next four years. Senator Jacobsen suggested the board occupy a 2,000 square foot building in Stewart located across the street from the Community College. Mrs. Gunderson said she intended to inspect the property. Ms. Giunchigliani asked how long commission terms were. Mrs. Gunderson said they were all four year terms; two positions are due for reappointment in July. Senator O'Donnell asked for the latest parole release approval rate. Mrs. Gunderson stated she could not supply a percentage rate at the present time. Referring to a conversation he had with Senator James regarding his proposed legislation, Mr. Spitler indicated the projected parole population for the 1995-97 biennium was based on a 35 percent parole factor. Mr. Spitler's stated his concern was that the state would not be able to handle prison bed needs in the future. He stated the inmate population projections should be based on the Parole Board aproval rate as opposed to a projected number. Ms. Giunchigliani agreed with Mr. Spitler and noted everything was based on the 35 percent rate; legislators need to recognize the large gap that will result should the actual figures differ from the projection. Senator O'Donnell assured Mrs. Gunderson he did not want her to change her mode of operation. He told Mrs. Gunderson not to let anyone tell her who or how many inmates to release; legislators have the responsibility to respond to the number of prisoners in prison. He advised Mrs. Gunderson to deal with prisoners on the basis of information she had. Ms. Giunchigliani voiced her concern that the criteria used to evaluate an inmate's parole risk originally set by the Parole Board has never been updated. She felt the old form (citeria) would continue to keep people in prison who should be paroled and asked if there were plans to change the criteria. Mrs. Gunderson replied she was in the process of working on a new criteria with Dr. Leoni of the University of Reno's Criminal Justice Department. A public hearing would be necessary to adopt the criteria. Ms. Giunchigliani asked whether the Parole Board could use the Prison's criteria (reflects the statutory changes made during the 1989 legislative session) in the interim. Mrs. Gunderson said it would not be possible as the offenses on their present document do not coincide with the prison's document. Ms. Giunchigliani asked Mrs. Gunderson for assurance in the form of a letter that the board was moving to change their criteria according to policy changes made during the 1989 session. Mrs. Gunderson agreed to comply. MS. GIUNCHIGLIANI MOVED TO CLOSE THE PAROLE BOARD BUDGET ACCORDING TO STAFF RECOMMENDATIONS, INCREASE THE TRAINING TO $10,000 IN THE FIRST YEAR OF THE BIENNIUM, $2,000 IN THE SECOND YEAR OF THE BIENNIUM, AND REPORT BACK TO THE FULL COMMITTEE THAT PAROLE BOARD QUALIFICATIONS BE MODIFIED. MR. ARBERRY SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. SENATOR O'DONNELL MOVED TO CONCUR WITH THE ASSEMBLY'S MOTION. SENATOR JACOBSEN SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. Chairman Fettic turned the committee's attention to the Division of Parole and Probation budget account 101-3740. Mr. Ghiggeri reviewed the adjustments to the General Fund. He reported there was an approximate $160,000 reduction in fiscal year 1996 and $48,000 in fiscal year 1997. The adjustments are recommended to be made against the original budget as recommended by the Governor. Decision unit M-200 was based upon a revised caseload projection as provided by the Budget Division in mid-March and provides for a 12.52 percent increase in fiscal year 1996 over fiscal year 1994 and an additional increase of 5.27 percent in fiscal year 1997 over fiscal year 1996. The decision module provides for the addition of 19 Program Assistant IV's in fiscal year 1996 with an additional two in fiscal year 1997 to address "paper-intensive" functions. Also included are 14 Parole and Probation Officers in fiscal year 1996 and an additional 11 in fiscal year 1997 to address the projected growth in the Division's workload. Decision unit E-425 provides for the Operation of an Assessment and Lifeskills Program in Reno and Las Vegas. The program is projected to "deflect" 14 prison admissions per month or an average of 61 offenders in fiscal year 1996 and 179 offenders in fiscal year 1997. Decision unit E-429 provides for the operation of an expanded residential confinement program to include non-violent first and second time offenders. Included in the funding are 7 positions and operating costs which includes the lease of Residential Confinement monitors. The operation of this program is projected to reduce the inmate population by an average of 141 inmates in fiscal year 1996 and an average of 148 inmates in fiscal year 1997. Assembly Bill 317 must be approved by the 1995 Legislature to facilitate the operation of the program. Decision unit E-805 provides for the reclassification of a vacant Personnel Analyst position to Deputy Chief and provides for a two grade increase for the existing Deputy Chief. Mr. Ghiggeri called the committee's attention to two items that were not included in the recommendations. He reported the Budget Division has supplied a recommendation to automate the Division of Parole and Probation over 5 years with an estimated cost of approximately $72,000 in fiscal year 1996 and approximately $420,000 in fiscal year 1997. The Budget Division recently recommended the inclusion of the Substance Abuse Coordinator in the Lifeskills Program. The position is currently funded in the Department of Employment, Training and Rehabilitation. The transfer of the position to the Division of Parole and Probation would be funded with general fund monies. Ms. Giunchigliani asked for an explanation of the Lifeskills Program. Mr. Richard Wyett, Chief, Division of Parole and Probation, introduced Bertha Koon, Coordinator for Lifeskills in the Las Vegas area and Alan Barnes, Operations Supervisor with the Department of Parole and Probation and administrator of the Washoe County Lifeskills Project. Mr. Barnes indicated the Lifeskills project is a system devised to coordinate service delivery in three specific areas for people in the criminal justice system: education, counseling and job development. The program determines the needs of the offender in a scientific and standardized fashion and coordinates a systems package that allows an offender to come to one site and obtain services. If the person is in the district court system pending sentencing, the lifeskills assessment will occur before they are sentenced so the district court judge will have a very meaningful profile of who stands before them and who they will or will not grant parole. Mr. Barnes noted their caseload was mainly composed of probationers, not parolees (73 percent on probation; 27 percent on parole). The proposed program provides services to the Parole Board for the parolee, however, their major objective is to get systems in place to prevent the probationer from failing probation. Ms. Giunchigliani asked who performs the assessments. Ms. Koon replied the assessment process would be conducted by Parole and Probation trained program assistants. The information is funneled into the sentencing investigation report which is given to the courts to assist in the presentencing of the offender. Every offender who has been found guilty of either a gross misdemeanor or a felony will be assessed by the Lifeskills Center staff. Ms. Giunchigliani asked who trained the program assistants and what was their background to do assessments. Ms. Koon stated the administration of assessments could be taught to the program assistants; the administration of a (assessment) test does not require a trained technician. Mr. Barnes indicated the presentencing report will advise the judge what the individual's needs are and what the likelihood is of his completing probation, not what he would like to do after granted probation. Mr. Spitler asked how many participants would be involved in the program over the biennium. Mr. Barnes stated the program is attempting to target the property offender/substance abuser population, not situational offenders. Sixty-five percent of the caseloads in Nevada fall into the property offender/substance abuser category, spanning from the municipal courts through the parole boards. As of fiscal year 1994 Clark County had over 3,600 offenders that were in the offender/substance abuser category; in Washoe County there were approximately 1,479 in the same category. Mr. Barnes noted every person coming through the system needed to be assessed in order to create a baseline. In terms of people coming through the system, the program can anticipate working through some type of programmatic structure in Washoe County to accommodate 1,500 persons per year. Ms. Koon said Clark County will average approximately 25 assessments per day, five days a week (every offender who has been found guilty of a gross misdemeanor or a felony). In reference to Mr. Spitler's question regarding whether the program's staffing pattern would accommodate the assessment numbers, Ms. Koon said it did. Mr. Spitler noted it would be helpful for the committee to have an analysis regarding percentage of assessments according to gender in order to project bed space requirements. Mr. Barnes stated the Department of Prisons had made bed need projections by gender based upon their admissions. Mr. Spitler was very supportive of the concept and asked for copies of letters of commitment from all the various parties. Mr. Spitler asked if the judicial system had received orientation in regard to the program. Mr. Barnes indicated he had been working with the judges on a one-on-one basis. Ms. Koon reported she had been working with an advisory board in Clark County comprised of 35 committed people representing all disciplines (education, judiciary, and chemical dependency agencies). Mr. Close stated he had a strong bias for youthful offenders and felt they had the greatest potential for recovery as opposed to repeat offenders. Ms. Giunchigliani requested the projected intake breakdown to include gender and age. Mr. Barnes stated the project's previous budget was based on 75 probationers and parolees per officer as was the present budget. Ms. Giunchigliani felt the problem had not been taken care of; more staff had been added but the caseload issue had not been resolved. Ms. Giunchigliani asked what the standard ratio was in the industry. Mr. Barnes said the ideal standard would be 25 to one, the same ratio as that for juveniles. Ms. Giunchigliani stated she was very supportive of the Lifeskills Program, however, she felt all parties needed to be committed before the committee approved the budget. Mr. Arberry asked Mr. Barnes to explain the reasoning for the size difference of men's and women's guns. Mr. Barnes indicated the difference was only in the size of the gun handles; the caliber was identical. Mr. Close asked Mr. Ghiggeri to address the one-shot computer maintenance request. Mr. Ghiggeri said he was not familiar with the specifics; what he provided was supplied by the Division of Parole and Probation. He noted testimony included the state was currently buying computers with 3-year maintenance contracts. The committee could choose to remove some of the funding if it they felt it was not required. Mr. Close stated he would like to see the funding changed in order to maintain consistency with other maintenance contracts. Referring to the motor pool, Ms. Giunchigliani asked whether the budget recommended larger sedans. Mr. Ghiggeri stated the money provided in the In-State Travel category was based on $200 per vehicle. The acquisition of the vehicles is located in the one- shot appropriation for the Motor Pool Division. He believed the intermediate sized sedan was $225 per vehicle; staff recommendation included funding for 133 compact sedans, 11 vans and 4-wheel drives over the biennium. He indicated any adjustments the subcommittee wanted to make to the size of the vehicles would result in an addition to the recommended budget. Senator O'Donnell expressed concern over the data processing budget. He suggested closing the budget according to staff recommendations with the vehicles that have been suggested, fund the first year of the biennium and place the rest of the data processing funds in a reserve, and allow the division to return to the Interim Finance Committee with an updated computer request. The Senator felt the department should not be tied to a specified amount as in two years the computer equipment most likely would be superior and cheaper. SENATOR O'DONNELL MOVED TO CLOSE THE PAROLE AND PROBATION BUDGET ACCORDING TO STAFF RECOMMENDATIONS, INCLUDING THE VEHICLES SUGGESTED, FUND IN THE FIRST YEAR OF THE BIENNIUM OUT OF THE ONE-SHOT THE NECESSARY MONIES TO GET THE DEPARTMENT UP TO SPEED ON THEIR COMPUTER DATA PROCESSING, TAKE THE SECOND YEAR OF THE FUNDING FOR THE DATA PROCESSING AND PLACE IT AS THE ONE SHOT INTO THE RESERVE AND REQUEST THEY RETURN TO THE INTERIM FINANCE COMMITTEE WITH AN UPDATED COMPUTER LIST FOR APPROVAL. SENATOR JACOBSEN SECONDED THE MOTION. Senator Mathews felt the size of the cars should be increased. Senator O'Donnell said with increased size came increased gas mileage, brake problems and all of the costs. Mr. Close asked whether Senator O'Donnell's motion included IFC approval of computer maintenance contracts. Senator O'Donnell stated it would as maintenance contracts would change when the computer equipment changed. THE MOTION CARRIED. SENATOR MATHEWS VOTED NO. MS. GIUNCHIGLIANI MOVED TO CLOSE THE PAROLE AND PROBATION BUDGET ACCORDING TO STAFF RECOMMENDATION WITH THE AUTOMATION AS RECOMMENDED WITH MAINTENANCE CONTRACTS APPROVED BY THE INTERIM FINANCE COMMITTEE AND NOT INCLUDING THE TRANSFER OF THE DRUG SUBSTANCE ABUSE COORDINATOR OF THE LIFESKILLS PROGRAM. THE MOTION FURTHER REQUESTED ASSURANCES FROM PARTIES LINKED TO THE LIFESKILLS PROGRAM THAT THEY ARE COMMITTED AND CAN PROVIDE THE STAFF SUPPORT AND FIFTY PERCENT OF THE SEDANS BE UPGRADED TO MID-SIZE. Mr. Spitler asked whether Ms. Giunchigliani was recommending the dollar amount for the equipment be rolled into the one shot appropriation. Ms. Giunchigliani said Mr. Spitler's statement was correct. Mr. Spitler felt the division made a very strong argument for the Substance Abuse Coordinator and recommended the committee approve the position without saying it came from the Drug Commission. Ms. Giunchigliani stated she would be agreeable to making that part of her motion. Senator O'Donnell questioned whether Ms. Giunchigliani realized how much the vehicle upgrades would additionally cost the state. Ms. Giunchigliani responded she relies on the staff to determine the cost; she would subsequently make her argument to the full committee once she had the data. Mr. Ghiggeri believed Parole and Probation was not changing all of their vehicles. He asked whether the committee wished to replace all the division's vehicles or phase them in on the vehicles scheduled for replacement over the biennium. MS. GIUNCHIGLIANI MOVED TO CLOSE THE BUDGET ACCORDING TO STAFF RECOMMENDATIONS AND AUTHORIZED THE PURCHASE OF VEHICLES TO BE MID-SIZE WITHIN THE CONFINES OF THE CURRENT BUDGET; APPROVAL OF THE SUBSTANCE ABUSE COORDINATOR TRANSFER BASED ON THE BADA BUDGET CLOSINGS; APPROVAL OF THE AUTOMATION IN THE ONE-SHOT APPROPRIATION WITH THE MAINTENANCE CONTRACTS SUBJECT TO REVIEW BY THE INTERIM FINANCE COMMITTEE. Mr. Ghiggeri asked for clarification. He stated the $72,000 recommended in the first year would provide for the hiring of staff in October; $88,000 in the second year would also be applied to staffing. The $332,000 for equipment could come out of one shot funds which would be expended prior to June 30, 1995. The money could be applied to reserve for the division to return to Interim Finance with a plan for its expenditure. Mr. Ghiggeri felt Mr. Close's intent was to eliminate the maintenance contracts as the computers have three year warranties; the one shot would be reduced by the amount of the maintenance contracts. Mr. Ghiggeri felt the $332,000, as Mr. Spitler indicated, could be rolled into A.B. 236 (it would come out of one-shot money) with a letter of intent informing the division that a detailed plan would be necessary before the money could be spent on computers. Senator O'Donnell reiterated the division should be allowed the flexibility to purchase a product one year from now which will most likely have more capacity and be of better quality. Mr. Spitler felt the division should be granted the full amount for computer purchases and be spared the inconvenience of returning to Interim Finance for approval. Ms. Giunchigliani believed the division should not be held to their present list of computer equipment and that they should be given the money as they are purchasing the equipment. Mr. Close asked whether striking the maintenance contract was part of the motion. Ms. Giunchigliani acknowledged it was. MR. CLOSE SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. Senator O'Donnell stated he needed to clarify the Senate's action. SENATOR O'DONNELL RESCINDED HIS PREVIOUS MOTION. SENATOR JACOBSEN SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. SENATOR O'DONNELL MOVED TO AMEND HIS MOTION TO CONCUR WITH THE ASSEMBLY'S MOTION. SENATOR JACOBSEN SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. Mr. Ghiggeri wanted confirmation whether his information pertaining to the motions was correct. He stated the committee was going to roll a revised estimate for the automation less the maintenance agreements into A.B. 236 (currently in Ways and Means); add the positions to the budget as recommended starting October 1995; the new vehicles purchased by the Motor Pool for Parole and Probation will be midsized, however the division will not receive an augmentation to their budget; and the Substance Abuse Counselor will be added with General Fund dollars. The meeting adjourned at 10:10 a.m. RESPECTFULLY SUBMITTED: Janine Sprout, Committee Secretary Assembly Committee on Ways and Means and Senate Finance Joint Subcommittee on Public Safety, Transportation and Natural Resources May 23, 1995 Page