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Posted April 10, 2008

Significant State Sentencing and Corrections Legislation in 2007 and Corrections Budgets in 2007 and 2008

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State legislatures are concerned about the projected growth in prison populations and accompanying increases in corrections spending.  As a result, many state legislatures passed laws in 2007 to expand community corrections, manage probation and parole violators, boost incentives for good behavior, prepare inmates for re-entry, and link released offenders to community support.

Fiscal Year 2008 state expenditures for corrections are estimated at $39.8 billion, a growth of 6.8 percent in general fund spending.  The largest increases in spending are in North Dakota, Rhode Island, Montana, and Maine.  Kentucky, Oklahoma, and New York are projecting budget decreases.

STATE

FISCAL DATA

  2007 LEGISLATIVE ACTION  

Alabama

Estimated state spending for corrections, FY 2007:  $319.2 million.

Budget growth 2008 over 2007:  increase in inmate population, increase in corrections staff costs.

Creates a pretrial diversion program for certain non-violent offenders.

Alaska

Estimated state spending for corrections, FY 2007:  $185.4 million.

Budget growth 2008 over 2007:  More prison beds, new correctional staff positions.

Requires electronic monitoring for gang-related offenses as a part of probation and parole.

Arizona

Estimated state spending for corrections, FY 2007:  $817.2 million.

Budget growth 2008 over 2007:  10.6%, which includes $39.2 million for leased correctional beds.

Makes changes to inmate transition programming and adds prison reentry programming.

Arkansas

Estimated state spending for corrections, FY 2007:  $251.9 million.

Budget growth 2008 over 2007:  7.4%, which includes more female, special needs and elderly prison beds; and new correctional staff positions.

None reported.

California

Estimated state spending for corrections, FY 2007:  $8.5 billion.

2008/2009 appropriations:  Includes more than $7.6 for expansion of prison and treatment bed space and services.

Creates new prison beds for inmate programming; medical and mental health treatment; and reentry services. Creates the California Rehabilitation Oversight Board and requires research prevention.

Colorado

Estimated state spending for corrections, FY 2007:  $585 million.

Budget growth 2008 over 2007:  8.9%, which includes increased corrections staff costs, increased funds for private prisons, and new prison beds.

Creates the Colorado Commission on Criminal and Juvenile Justice to research sentencing, reducing recidivism, and alternatives to incarceration. Continues public assistance application help for offenders.

Connecticut

Estimated state spending for corrections, FY 2007:  $617.3 million.

Identified corrections/criminal justice in the top three fiscal issues for 2008

Raises the age of juvenile jurisdiction, expands the authority of the parole board concerning pardons, creates an inmate discharge savings account, and expands inmate mental health services.

Delaware

Estimated state spending for corrections, FY 2007:  $229.2 million.

Budget growth 2008 over 2007:  Includes a court-mandated increase in inmate medical costs.

Creates a conditional driver's license for certain probationers.

Florida

Estimated state spending for corrections, FY 2007:  $2.141 billion.

Budget growth 2008 over 2007:  Includes new prison beds.

Identified corrections/criminal justice in the top three fiscal issues for 2008

Adds a sentence enhancement for felony murder against law enforcement and certain government officials.

Georgia

Estimated state spending for corrections, FY 2007:  $997.8 million.

Budget growth 2008 over 2007:  Includes increased salary for prison staff.

 Repeals the three-judge panel that reviews of sentences of imprisonment for a period exceeding 12 years, adds provisions concerning inmate work programs, and authorizes the commissioner of corrections to issue arrest warrants for escaped inmates.

Hawaii

Estimated state spending for corrections, FY 2007:  $196.2 million.

Budget growth 2008 over 2007:  11.1% which includes increased corrections staff costs, increased out-of-state prisoner costs, a new private prison, $500,000 for mental health care in prisons, and funding for incarcerated parent-child programming.

 Establishes a comprehensive offender reentry system, establishes the Offender Reentry Legislative Oversight Committee, and requires the court to impose the maximum length of imprisonment when sentencing a defendant to an extended term of imprisonment.

Idaho

Estimated state spending for corrections, FY 2007:  $143.6 million.

Budget growth 2008 over 2007:  14.1%, which includes expanded offender mental health and substance abuse services.

Identified corrections/criminal justice in the top three fiscal issues for 2008.

Adds offender substance abuse services to the state mental health authority development grant program.

Illinois

Estimated state spending for corrections, FY 2007:  $1.243 billion.

Establishes mental health courts.  Creates good time for inmates who earn their GED and limits amount of good time for violent and certain drug offenders. Requires the penalty for battery of a corrections officer to be served consecutively with current sentence.

Indiana

Estimated state spending for corrections, FY 2007:  $478.4 million

Budget growth 2008 over 2007:  12.4%, which includes increased salary for corrections officers.

None reported.

Iowa

Estimated state spending for corrections, FY 2007:  $304.2 million.

Budget growth 2008 over 2007:  6.5%, which includes new prison staff positions, new special needs prison beds, expansion of inmate education programs, and an increase in operations costs.

Identified corrections/criminal justice in the top three fiscal issues for 2008.

Allows the sheriff to x-ray inmates.  Expands the offense of possessing contraband.

Kansas

Estimated state spending for corrections, FY 2007:  $240.6 million.

Budget growth 2008 over 2007:  9.5%, which includes expansion of offender programs and continues offender assistance grant funding.

Establishes a community corrections grant program. Creates good time for certain non-violent offenders who complete treatment, vocational or educational programs.

Kentucky

Estimated state spending for corrections, FY 2007:  $239.5 million.

Budget decrease 2008 over 2007:  1.4%, with significant correctional cost increases in 2007.

None reported.

Louisiana

Estimated state spending for corrections, FY 2007:  $523.8 million.

Budget growth 2008 over 2007:  15.5%, which includes increase in operational costs, increase in salary for corrections staff, new staff positions for special needs facility, and expanded treatment programs.

Establishes a reentry program that provides inmates with the skills they need to be successful in the community.  Creates a prison substance abuse program for inmates convicted of controlled substances violations.

Maine

Estimated state spending for corrections, FY 2007:  $89.5 million.

Budget growth 2008 over 2007:  18.6%, which includes relief for prison overcrowding.

Allows a certain amount of inmate work hours to be applied toward good time.  Creates county-level criminal justice planning committees, establishes the State Sentencing and Corrections Practices Coordinating Council, and creates a community corrections grant program.

Maryland

Estimated state spending for corrections, FY 2007:  $764.2 million.

Budget growth 2008 over 2007:  $14 million for increased inmate health care costs and new prison staff positions.

Adds contraband and prison gangs to the list of study topics for the Task Force to Study Prison Violence and adds items to the contraband list.  Requires inmates to be provided with medication upon release.

Massachusetts

Estimated state spending for corrections, FY 2007:  $927.5 million.

None reported.

Michigan

Estimated state spending for corrections, FY 2007:  $1.859 billion.

Identified corrections/criminal justice in the top three fiscal issues for 2008.

 Allows a county or judicial circuit to adopt a jail population management plan to reduce overcrowding and revises procedures for release of inmates.  Establishes prison mental health programs.

Minnesota

Estimated state spending for corrections, FY 2007:  $303.7 million.

Budget growth 2008 over 2007:  Increase in inmate population and $49,954 for settlements of various liability claims.

Allocates funding for reentry pilot project and requires a statewide report on reentry policies and funding.

Mississippi

Estimated state spending for corrections, FY 2007:  $227.2 million.

Budget growth 2008 over 2007:  17.1%, which includes payments for non-recurring funds.

None reported.

Missouri

Estimated state spending for corrections, FY 2007:  $586.1 million.

Budget growth 2008 over 2007:  13.8%, which includes $42 million for increased operational costs.

None reported.

Montana

Estimated state spending for corrections, FY 2007:  $93.9 million.

Budget growth 2008 over 2007:  19.3%, due to increase in inmate population and implementation of "Jessica's Law."

Creates mental health courts.  Allows a judge, under certain circumstances, to grant early termination of a suspended sentence.

Nebraska

Estimated state spending for corrections, FY 2007:  $140.3 million.

2007/2008 Appropriations:  $25,000 for the Probation and Parole Services Merger Act.

Commissions an in-depth analysis of the state's probation and parole systems.

Nevada

Estimated state spending for corrections, FY 2007:  $238.7 million.

Commissions a study to determine the need for an oversight board for specialty courts.  Increases the amount of good time an inmate earns for completion of educational, vocational and substance abuse programs; amends residential confinement eligibility; and authorizes community sanctions for parole violators in lieu of prison.

New Hampshire

Estimated state spending for corrections, FY 2007:  $86.2 million.

Creates a day reporting program for county correctional facilities, allows contracts with other governmental entities for housing inmates, and establishes a commission to research costs related to transporting inmates.

New Jersey

Estimated state spending for corrections, FY 2007:  $1.076 billion.

Budget growth 2008 over 2007:  Includes $28 million for housing inmates in county jails and increase in inmate health care costs. 

None reported.

New Mexico

Estimated state spending for corrections, FY 2007:  $240.7 million.

Budget growth 2008 over 2007:  15.2%, with increase in inmate population, increase in prison operations costs, and increase in inmate medical costs.

Creates an equation to determine disbursement of corrections funds to counties.

New York

Estimated state spending for corrections, FY 2007:  $2.191 billion.

Budget decrease 2008 over 2007:  3.1% due to FY 2007 budget, including a retroactive bargaining agreement for prison staff.

Creates a pilot project for detaining probationers who violate their sentence.  Prohibits private ownership of a correctional facility but allows private contracts for certain services.

North Carolina

Estimated state spending for corrections, FY 2007:  $992.5 million.

Creates the Division of Correction Enterprise to employ inmates and amends inmate work laws.

North Dakota

Estimated state spending for corrections, FY 2007:  $33.4 million

Budget growth 2008 over 2007:  45.6% which includes increase in correctional staff salary, new correctional staff positions, and increased funding for inmate medical and treatment services.

Authorizes correctional facilities to house inmates for more than one year if they provide certain programs and services.

Ohio

Estimated state spending for corrections, FY 2007:  $1.501 billion.

None reported.

Oklahoma

Estimated state spending for corrections, FY 2007:  $456.0 million.

Budget decrease 2008 over 2007:  2.3%, but a supplemental appropriation is anticipated in 2008 following an agency audit.

Identified corrections/criminal justice in the top three fiscal issues for 2008.

Creates an oversight council for inmate reentry, creates a task force to establish goals for reducing recidivism and coordinating reentry programs, and requires tracking inmates' success and recidivism after release.  Adds post-imprisonment supervision for certain offenders.

Oregon

Estimated state spending for corrections, FY 2007:  $387.7 million.

Budget growth 2008 over 2007:  10.4%, with an increase in inmate population.

Creates the Public Safety Strategies Task Force to evaluate state-funded programs, make sentencing recommendations, and create a cost-benefit analysis. Requires fiscal and revenue impact statements for all measures reported out of committee, instead of every bill introduced.

Pennsylvania

Estimated state spending for corrections, FY 2007:  $1.415 billion.

Budget growth 2008 over 2007:  12.7%, with increase in inmate population.

Allows a correctional officer to use force to prevent an inmate from escaping.

Rhode Island

Estimated state spending for corrections, FY 2007:  $162.4 million.

Budget growth 2008 over 2007:  28.9%, which includes cost-of-living adjustment for corrections officers.

Authorizes a judge to waive incarceration after a direct sentence to community confinement, increases the allowable maximum funds in an inmate bank account, and restores age of juvenile jurisdiction to age 18.

South Carolina

Estimated state spending for corrections, FY 2007:  $314.7 million.

Budget growth 2008 over 2007:  7.2%, which includes increase in prison operation costs.

 Allows private contracts for inmate labor for service and export work.

South Dakota

Estimated state spending for corrections, FY 2007:  $50.6 million.

Budget growth 2008 over 2007:  5.9%, which includes replacement of lost Medicaid assistance.

None reported.

Tennessee

Estimated state spending for corrections, FY 2007:  $579.3 million.

Declares a defendant being sentenced for third or subsequent felony is not a favorable candidate for an alternative to incarceration and redefines first degree murder. Creates good time for inmates who complete education or vocational programs and allows the confiscated cash fund to be used tocombat drug trafficking in prisons.  Requires a contractual agreement for out-of-state prisoners.

Texas

Estimated state spending for corrections, FY 2007:  $2.085 billion.

2008/2009 Appropriations:  $690 million includes new treatment beds, new halfway house beds, and expanded prisoner and parolee mental health services.

Increases allowable daily prison populations, creates maximum parole officer caseloads, makes changes to eligibility and program requirements for community supervision sentences, and creates a progressive sanctions community supervision grant program.  Establishes the Criminal Justice Legislative Oversight Committee.

Utah

Estimated state spending for corrections, FY 2007:  $219.1 million.

Budget growth 2008 over 2007:  Includes funding for new correctional facilities and an increase in correctional staff salaries.

None reported.

Vermont

Estimated state spending for corrections, FY 2007:  $109.2 million.

Budget growth 2008 over 2007:  Includes new inmate health care contract.

Requires development of recommendations for the needs of mentally ill inmates.  Requires creation of a strategic plan to reduce number of inmates.

Virginia

Estimated state spending for corrections, FY 2007:  $796.7 million.

Budget growth 2008 over 2007:  14.9%, which includes funding for new prisons and an increase in correctional officer salaries.

None reported.

Washington

Estimated state spending for corrections, FY 2007:  $748.0 million.

Budget growth 2008 over 2007:  12.7%, which includes $26.4 million for leased prison bed space, $54 million for correctional staff costs, new prison beds, and new offender reentry programming.

Establishes a comprehensive offender reentry system, requires an analysis of current reentry programs, and directs construction of new reentry facilities.  Creates good time for offenders who participate in programming and requires task forces to review community supervision and community corrections workloads.

West Virginia

Estimated state spending for corrections, FY 2007:  $135 million.

 Creates inmate work programs in county jails and an inmate bank account for income earned through the work program.

Wisconsin

Estimated state spending for corrections, FY 2007:  $739.6 million.

None reported.

Wyoming

Estimated state spending for corrections, FY 2007:  $103 million.

None reported.

Budget information is based on NCSL Fiscal Affairs Program survey given to legislative budget staff.  Budget information includes operation of adult facilities and administrative costs.  Excluded, are federal funds, projects that are financed by debt, and funds created by correctional programs.  See also:

State Budget Update:   November 2007 (December 2007)
State Budget Actions:   FY 2006 and 2007 (June 2007)

Policy information based on NCSL Criminal Justice Program enactment research.  See also:

State Sentencing and Corrections Legislation:  2007 Action, 2008 Outlook (January 2008)
Public Safety Performance Project
Justice Reinvestment State Brief:  Texas
Justice Reinvestment State Brief:  Kansas

Laws highlighted are selected measures and do not represent an exhaustive list.  State legislatures’ websites can be viewed via http://www.ncsl.org/public/leglinks.cfm

For further information on this topic, contact Alison Lawrence, (303) 364-7700, ext. 1526 or cj-info@ncsl.org

 

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