M I N U T E S

 

Joint Judiciary Interim Committee

 

 

Fremont County School District #25                                                                                     May 1, 2002

Administration Building                                                                                              Riverton, Wyoming

121 North 5th Street West                                                                                                                     

 

 

PRESENT:       Senator John Schiffer, Chairman

                        Representative Jeff Wasserburger, Vice-Chairman

 

                        Senators John Hanes, Rae Lynn Job, Curt Meier and Kathryn Sessions.

 

                        Representatives Lorna Johnson, Jack Landon, Dave Rader, Jim Slater and Stephen Watt.

 

                        Legislative Service Office:  John H. Rivera, Senior Staff Attorney.

 

                        Others:  See Attachment "A".

                       

                        Absent:  Representatives Randall B. Luthi, Layton Morgan and Colin Simpson.

 

 

                                                                 * * * * * * * * * *

 

 

The following is a summary of Committee proceedings arranged by topic.  Copies of all materials referred to in these minutes which are not attached as exhibits are on file in the Legislative Service Office.

 

 

                                                                 * * * * * * * * * *

 

The meeting was called to order at 8:05 a.m. Chairman Schiffer explained the purpose of the meeting was to establish the direction the Committee will proceed with respect to consideration of correctional system needs in Wyoming.

 

Department of Corrections' Classification System

 

Director Judy Uphoff, Department of Corrections, introduced Carl Voightsberger and Kathy Bogus, who would discuss the Department's classification document used to classify inmates in the Department's custody (Attachment B).

 

Mr. Voightsberger advised the classification system was developed in conjunction with the National Institute of Corrections and the National Council on Crime and Delinquency in 1993. The classification system has been revalidated in 1995 and 1999. The system is used to classify both male and female inmates in Wyoming for purposes of determining proper custody level designation and housing designation.

 

For inmates placed out-of-state, the Wyoming classification system is not used. The instrument of the state housing the inmate is used to determine if the inmate will be housed by that state. A similar process is used if the inmate is to be housed in a Wyoming county's jail.

 

Probation and Parole

 

Mr. Steve Lindly, Administrator, Division of Field Services & Liaison to the Parole Board, asked the Committee to consider involving him or the Parole Board in Committee meetings. He explained that an inmate must complete the minimum sentence before the inmate is eligible for parole. If granted, the parole may continue to the maximum term of the inmate's imprisonment.

 

Currently there are about 330 inmates eligible for, but have not been granted, parole. Reasons cited include: failure to participate in programming; involvement in a major disciplinary action with in the most recent one year period; the inmate is not interested in serving a period of parole; or, a small group of inmates are not paroled because they are at risk of having their parole revoked as indicated by prior efforts at parole or the nature of the offense for which convicted.

 

The Parole Board follows the Department of Correction's recommendation about 73% of the time. Discretionary parole programs, such as used in Wyoming, nationally have a higher rate of success than mandatory parole processes used in other states, such as Colorado, because of the selection process used to screen out higher risk inmates and the supervision process used in discretionary parole programs.

 

Mr. Lindly advised that the packet sent to Committee members prior to their tour of correctional facilities at the end contains some recommendations for statutory changes to improve the correctional system, including probation and parole.

 

Director Uphoff reiterated that the passage of 02 House Bill 0059, Substance abuse control plan, may begin addressing many of the issues related to imprisonment and probation and parole.

 

Mr. Lindly agreed and stated that parole officers are being encouraged to work non-traditional hours to allow for more meaningful interaction with parolees on their caseloads. Intensive supervision parole officers are required to work non-traditional hours. The Department is conducting a time study to see how officers are using their time and to determine optimal staffing levels. That information will be provided to the Committee when it is available.

 

In response to a Committee question, Mr. Lindly explained that 2002 House Bill 0059 provides increased treatment options for parolees who violate their parole as a result of substance abuse. Full revocation of parole may be less likely in the future. Currently about 70% of revocations are alcohol- or substance abuse-related.

 

Committee Discussion

 

Representative Watt asked Mr. Lindly to provide data identifying why inmates are not being granted parole when they become eligible. Mr. Lindly replied he will try to quantify the reasons, but that information is to some extent anecdotal.

 

Senator Hanes asked the Department to provide better information regarding the success rates cited at the Honor Conservation and Boot Camp, or, if that information is not available, to develop a better process to evaluate the success rate for the facility.

 

Chairman Schiffer stated he has identified six issues for the Committee to consider presenting to the Department of Corrections to develop alternatives for and present such alternatives at the next Committee meeting. Committee members added other issues for consideration. Those issues include:

 

  1. The options available to establish a medium security prison to allow for the return of Wyoming inmates currently housed out-of-state;
  2. Increasing the capacity of the Women's Center in Lusk;
  3. Establishing a revocation center, including potentially a centralized in-processing center;
  4. Increasing the capacity at the Honor Farm in Riverton in accommodate up to 200 inmates;
  5. Revising state statutes to mesh with 2002 House Bill 0059;
  6. Removal of barriers to allow the prison industries program to succeed;
  7. Adding educators at the Women's Center to permit inmates to obtain a high school diploma rather than a general equivalency diploma (GED), including looking at a resources continuum, requiring the Department's classification system to consider whether the inmate has obtained a high school diploma, and work release as a component of the process;
  8. Consider how 2002 House Bill 0059 can be used to improve family functionality;
  9. Considering means to address the needs of mentally ill inmates when initially processed;
  10. Providing a summary of what is on the cutting edge nationally in the area of corrections;
  11. Providing means to determine that the corrections system is stream-lined, rather than simply advocating building more capacity to house inmates;
  12. Providing a comparison of sentencing structures used in Wyoming and other states.

 

Chairman Schiffer asked to Department of Corrections to respond to the issues raised by the Committee, together with an analysis of whether and how the program proposals could work. Senator Job asked for an objective speaker to address the pros and cons of a public or private correctional facility in Wyoming to house inmates currently out-of-state. Chairman Schiffer advised the Parole Board will also be asked to participate in future meetings of the Committee.

 

Dominion Correctional Services

 

Mr. Brent Kunz, representing Dominion Correctional Services, advised that Dominion Correctional Services owns and operates the Crowley Facility in Colorado where Wyoming male inmates are being housed. After distributing a binder describing correctional facilities owned or operating by Dominion (Attachment C), he invited Committee members to visit the facility in Crowley. He stated the binder he distributed contained some comparisons that may be useful to the Committee in its deliberations about building a private or public correctional facility.

 

After Chairman Schiffer asked how many Committee members were interested in visiting the Crowley facility, most members indicated an interest in such visit. Mr. Rivera advised that perhaps the Committee could visit the facility in conjunction with attendance at the NCSL Annual Conference in Denver. Chairman Schiffer agreed that the option to visit at that time should be explored further.

 

Chairman Schiffer inquired if any members were interested in also visiting the facility in Oklahoma where several Wyoming female inmates are housed. Representatives Slater and Wasserburger indicated an interest. Chairman Schiffer asked Director Uphoff if the interested members could fly in the plane used by the Department when it flies to the Oklahoma facility on business. Director Uphoff stated such arrangements could be made.

 

Chairman Schiffer advised the Committee may meet again in June in Casper to consider the legislative proposal being prepared by the Title 14 Committee and to visit two facilities in Casper. The timing of the meeting may depend on when the Title 14 Committee has a final working draft ready for consideration.

 

ADJOURNMENT

 

There being no further business, the meeting was adjourned at 10:35 a.m.

 

                                                                        Respectfully submitted,

 

 

                                                                        Senator John Schiffer

                                                                        Chairman

[Top] [Back] [Home]