File name: JACBudgetHearings2013_20130115_073019.dcr Folder: C:\Documents and Settings\happropriations\My Documents\JAC Audio 2013 0 ~ 1/15/2013 7:57:40 AM ~ Start Recording 2 ~ 1/15/2013 7:57:42 AM ~ January 15, 2013 Agency Hearings 008 - PD Office of the Public Defender 4:37 ~ 1/15/2013 8:02:16 AM ~ Bebout: Roll Call Qurom established. Welcome 5:28 ~ 1/15/2013 8:03:07 AM ~ Lazonao: State Public Defender, Brian Young, state Deputy defender Two units, largest part of budget is public defenders ; also have guardian ad litum program. Budget Reduction plan : 984+, thousand. Gov mead recommended less of a cut, primarily with ad litum. Public defenders office 15% county and 85% state funded. 689+ thousand out of 900 which is GF, Will come out of 900 sereis which is where we pay expert services, ...mental health experts, contract attorneys. Caseloads looked at. Not offer contracts to four attorneys in field offices. decrease in FT Can handle through FY 2014. know to expect further reductions. Guardian ad litum program: 75% GF, bill counties for 24%. small portion of money that can not bill counties. Gov Mead concern was with cuts to training.rest of budget reduction is travel for attorneys. 10:52 ~ 1/15/2013 8:08:32 AM ~ Perkins: why out of ste placements? 11:13 ~ 1/15/2013 8:08:52 AM ~ Lozano: reasons for kids to be taken out of home. 11:50 ~ 1/15/2013 8:09:30 AM ~ Perkins: why are we placing them out of state?3Lozano: guess is we might not have the resources. I can find out. 12:16 ~ 1/15/2013 8:09:55 AM ~ Perkins: Placements. Training and travel. can do that for a year or two. Looking at flat revenues for a while. Do you hav ideas how to manage that gonig forward? 13:33 ~ 1/15/2013 8:11:13 AM ~ Lozano: Rules and regulations requrie 5 to 10 hours certification. Plan to utilize video conferencing. I am concerned as well. Guardian ad litum program cu by 500,000 in 2010. budget at 25% less than when we received the program 14:22 ~ 1/15/2013 8:12:02 AM ~ Perkins: Caseloads tracking. 14:30 ~ 1/15/2013 8:12:10 AM ~ Lozanao: In house programs to track caseloads. GAL caseloads last year 20-10 children, increase of 5% lasdt year. Public defenders caseload. 216 new cases per attorney per year. 15:43 ~ 1/15/2013 8:13:22 AM ~ Perrkins: Public defenders case load inc? 16:06 ~ 1/15/2013 8:13:46 AM ~ Lozano: Flattened. Representation has increased. 82% to 86Compare avg wage for public defenders to aattorney gnerals 17:02 ~ 1/15/2013 8:14:41 AM ~ Lozana: same classification schem as the atoorney general's. 17:17 ~ 1/15/2013 8:14:56 AM ~ Nicholas: change, 75 full time 19 part time. What was it in the past? 17:36 ~ 1/15/2013 8:15:16 AM ~ Lozano: since 2007, added two attorneys and one legal assistant. have grown since 2000. 18:03 ~ 1/15/2013 8:15:43 AM ~ Nicholas: over all effect of guardian ad litum program. 18:35 ~ 1/15/2013 8:16:15 AM ~ Lozano: 18:43 ~ 1/15/2013 8:16:22 AM ~ Nicholas: streamlining program 18:52 ~ 1/15/2013 8:16:32 AM ~ Lozano: studies GAL program, 80 children max per attorney. We are under that. work well with DFS, helps streamline. no area of concern with GAL caseload 19:43 ~ 1/15/2013 8:17:23 AM ~ Nicholas: turnover rate for staff and attorneys. 19:51 ~ 1/15/2013 8:17:31 AM ~ Lozano: public dfenders avg of 5 years, 5 or 10 hve been with us longer. Staff turnover rate is less with asst and investigators. only 3 ad min staff in GAL 20:44 ~ 1/15/2013 8:18:23 AM ~ Nicholas: Supreme Court language. 21:01 ~ 1/15/2013 8:18:41 AM ~ Lozano: 4 instaff handle appeals. meet to determine issues to raise. clients have some say about issues to raise, try not to raise issues that will get us criticized by the ssupreme court. laws change. In serious cases, have to raise issues. 22:06 ~ 1/15/2013 8:19:46 AM ~ Status of any funds for..cases? 22:14 ~ 1/15/2013 8:19:54 AM ~ Lozano: asked for 500,000 in captial cases, paying on three now. difference in funding,have to appoint two attorneys, trained nationally, fact investigator, mititgation investigator, do not have mititgation specialists on staff. Gov has recommended 2 of the 5 dollars. working with budget office on monies not spent last year. I can't say we won't be back in January because we do not know cases that will occur. 25:02 ~ 1/15/2013 8:22:41 AM ~ Nicholas: bieenialization 25:07 ~ 1/15/2013 8:22:47 AM ~ Lozano: most cuts within 900 sereis, can do as much as we can without contract attorneys. ..no control over number of cases and types of cases. 26:10 ~ 1/15/2013 8:23:50 AM ~ perkins: GAL cases, 888888880 children limit. do you differentiatie between open and active. 26:36 ~ 1/15/2013 8:24:16 AM ~ Lozano: GAL - no - open until the court says it is not. Pbublic Defenders side we do. 26:56 ~ 1/15/2013 8:24:35 AM ~ Perkins: open cases without anything gonig on. How do you make that determiniation. 27:13 ~ 1/15/2013 8:24:53 AM ~ Lozano: working with DFS for weighted ..program..busy on pater bersus actually busy 27:40 ~ 1/15/2013 8:25:20 AM ~ Perkins: Significant thing to look at. 27:49 ~ 1/15/2013 8:25:28 AM ~ Stubson: Contract atorneys rates, std fee or negotiated? 28:23 ~ 1/15/2013 8:26:03 AM ~ Lozano: ..attorney pay. 50 per hour is pay, independent 45 to 50 but pay for caseload so range up to 5700 a month. would lose contract attorneys if we paid less. 29:13 ~ 1/15/2013 8:26:53 AM ~ Stubson: actions of committee and legislature shown in arguments..can't afford to offer defense needed. 29:51 ~ 1/15/2013 8:27:30 AM ~ Lozano: not yet. concerns heard from jud, stakeholders and clients, need to add more attorneys. complaints on appeals that. more concerned about capital case funding..ability to provide resources. 30:44 ~ 1/15/2013 8:28:24 AM ~ Bebout: reductions can be biennialized? 30:56 ~ 1/15/2013 8:28:36 AM ~ Richards: mathmatically yes, questions of continuing to reduce double the amount of outside councel 31:15 ~ 1/15/2013 8:28:55 AM ~ Bebout: vacant positions. 31:20 ~ 1/15/2013 8:29:00 AM ~ Lozano - one but in middle of hiring. 31:28 ~ 1/15/2013 8:29:08 AM ~ Bebout: looked at reduction of staff 31:36 ~ 1/15/2013 8:29:16 AM ~ Lozano: did not 31:41 ~ 1/15/2013 8:29:20 AM ~ Bebout: staff cuts 31:47 ~ 1/15/2013 8:29:27 AM ~ Lozano: national formula. We are at 98% of maxiumum capability..continue to cut, would violate constitutional rights . Two legal assts do admin work. 32:34 ~ 1/15/2013 8:30:13 AM ~ 103 - CJCE - Commission on Judicial Conduct and Ethics.. 33:46 ~ 1/15/2013 8:31:25 AM ~ Dixon: complaints of judicial misconduct, review ethical and professional conduct of judgetrs. 3 judges, 3 lawyers, six laymembers. Maggie Farrell, Vice, Jim Wilson, Karen Hayes,. Wendy Soto executive director 35:00 ~ 1/15/2013 8:32:40 AM ~ Soto: manage agency as ex. director. explained her duties. inc. managing the docuet. 35:54 ~ 1/15/2013 8:33:34 AM ~ Dixon: 99.4% of work by conf call or by email. Meet twice a year. six year limit on commissioners. Historical budget about 400,000/ 341 in 2009, 365 in 2011, subject ot cuts. slight increase from 2009 to 2011 because of change in executive director. 20,000 inc. Joint judiciary recommened cut from 100 sereis and 900 sereis cut, overall 8%. JJC recommendation was 4%, asking usto take twice the cut of the judiciary. can absorb the 9000 cut. reconsider cut in 900 series. money for outside council to deal with disciplinary complaints. complaints have doubled in my six year tenure, complexity of complaints has increased. . budgeted 900 series at 108,ooo which has remainded level. money not spent reverts to the GF. tried to keep the funding level so we do not have to come back for money in middle of proceeding. asked for restoraton of 4800. 40:12 ~ 1/15/2013 8:37:52 AM ~ Nicholas: how much has reverted back? 40:34 ~ 1/15/2013 8:38:14 AM ~ Dixon: can not, 40:44 ~ 1/15/2013 8:38:24 AM ~ Soto: reverted 2009 about 75,000 from 900 series. 41:12 ~ 1/15/2013 8:38:52 AM ~ Nicholas: request to transfer 9000 reduction... 41:25 ~ 1/15/2013 8:39:05 AM ~ Dixon: No 41:32 ~ 1/15/2013 8:39:11 AM ~ Nicholas: Bieenialization 41:38 ~ 1/15/2013 8:39:18 AM ~ Soto: go ahead and take that 9700 which was for one year and take that in the second year. asking for 4800 to be restored. 42:30 ~ 1/15/2013 8:40:10 AM ~ Nicholas: office? 42:36 ~ 1/15/2013 8:40:16 AM ~ Soto: Hansen bldg. previous locaton in home of previous director. since june first have been in leased space. 43:08 ~ 1/15/2013 8:40:48 AM ~ Nicholas: your pay scale? 43:18 ~ 1/15/2013 8:40:58 AM ~ soto: at makret, has not changed. 43:26 ~ 1/15/2013 8:41:06 AM ~ Dockstader: case load doubled, inc. cost? 43:40 ~ 1/15/2013 8:41:20 AM ~ dixon: caseload and complexity has inc.. 44:16 ~ 1/15/2013 8:41:56 AM ~ Stubson: outside council 44:35 ~ 1/15/2013 8:42:15 AM ~ Dixon: case by case basis, 75 to 80% of complaints resolved on our own. when we have to file proable cause, we hire Mark Gifford or Kate fox. 45:22 ~ 1/15/2013 8:43:02 AM ~ Lambert; calculated risk taking 8 percent away; Detail risks; backgroung information on Dept of Corrections; Good stewards of public funds; Deliver correctional services; Cost more in wyoming than other states; less than 10 percent released return; many come back due to a technical issue; failure rate of 38 percent; higher rate; prison population grown slightly; page 9 population projections through 2015; 14o more inmates than last year; wyo will need complete construction of additional; Womens center in Lusk; intor comments concluded; Page 4 in budget document 8 percent redl Page 11 itimized reductions; lowest priority substance abuse; Page 14 reductions housing out of state; cost for housing inmates in federal facilitioes; Reduce flexibility; 53:45 ~ 1/15/2013 8:51:25 AM ~ Perkins community alternatives 54:11 ~ 1/15/2013 8:51:50 AM ~ Lambert affects placement in county jails; projected increase in -- concur with Gov rec. Page 19 reduction in professional fees; best practices; addopted a risk based; internal adjustments; Page 22 contracted housing; ISP violators; provides for less costly housing; projected needs; request to increase number of beds; 58:05 ~ 1/15/2013 8:55:45 AM ~ Bebout 58:10 ~ 1/15/2013 8:55:49 AM ~ Stubson cost of keeping in prison; number of acc beds 58:47 ~ 1/15/2013 8:56:26 AM ~ Lambert not a cut in contracted beds; at capacity; historical usage 59:21 ~ 1/15/2013 8:57:01 AM ~ Bebout 59:25 ~ 1/15/2013 8:57:05 AM ~ Meier construction of 144 beds; analysis; long-term solution; less expensive with county jail 1:00:10 ~ 1/15/2013 8:57:50 AM ~ Lambert rest of budget presentation will address issue 1:00:34 ~ 1/15/2013 8:58:14 AM ~ Perkins alternative centers; maintain current contracted beds; 1:01:06 ~ 1/15/2013 8:58:46 AM ~ Lambert funding to increase number of beds; due to state of budget did not increase number of beds 1:01:45 ~ 1/15/2013 8:59:25 AM ~ Lambert Page 27 5 requests to reduce medical care; constitutional level of care; Horizon medical provider; medical costs up 6 percent; shared cost; legislative review of medical costs; shared risk; better reinbursement rates; retain as many instate providers; Support from Governor's office; reduce medical costs; difficult to predict beyond 2014; Page 27 1:05:27 ~ 1/15/2013 9:03:07 AM ~ Burkhart 50 50 risk 1:05:41 ~ 1/15/2013 9:03:21 AM ~ Lambert in 2004 contract for all medical costs; premium; off-site care; Handle most cases in house; Average about 3 million in off-s ite costs; contracted amount has gone down; 1:07:39 ~ 1/15/2013 9:05:19 AM ~ Stubson 1:07:49 ~ 1/15/2013 9:05:29 AM ~ Perkins people qualify for medicare, medicade 1:08:34 ~ 1/15/2013 9:06:13 AM ~ Lambert there are people qualified; under current system elderly inmates elegible; 1:09:33 ~ 1/15/2013 9:07:12 AM ~ Stubson all inmates covered under AACA 1:10:01 ~ 1/15/2013 9:07:41 AM ~ Lambert prison population a subset of -- off-site care full day 1:10:35 ~ 1/15/2013 9:08:15 AM ~ Esquibel total costs for medical care 46 million. percent of total cost percent of costs for mental 1:11:58 ~ 1/15/2013 9:09:37 AM ~ Lambert bulk of cost for on-site; medicade expansion; 40m ; out-patient service; 10m for off-site costs; mental health costs 20 percent; 1:14:34 ~ 1/15/2013 9:12:14 AM ~ Esquibel breakdown spreadsheet of costs 1:14:57 ~ 1/15/2013 9:12:37 AM ~ Harshman 20 percent for mental costs. 1:15:17 ~ 1/15/2013 9:12:56 AM ~ Lambert 17 percent mental 1:15:32 ~ 1/15/2013 9:13:11 AM ~ Harshman how much can be shifted to AACA 1:15:53 ~ 1/15/2013 9:13:32 AM ~ Lambert cost in-house; medication upon release 1:16:32 ~ 1/15/2013 9:14:12 AM ~ Bebout out of the woodwork term 1:17:16 ~ 1/15/2013 9:14:55 AM ~ Bebout 8 million off-site 1:17:28 ~ 1/15/2013 9:15:07 AM ~ Lambert medical costs off-site 1:17:41 ~ 1/15/2013 9:15:20 AM ~ Bebut 3 million savings 1:17:51 ~ 1/15/2013 9:15:30 AM ~ Lambert 1:18:00 ~ 1/15/2013 9:15:39 AM ~ Perkins any data on mental health and prison populatiosn 1:18:58 ~ 1/15/2013 9:16:38 AM ~ Lambert community mental health services; Wyoming statistical center; How many 1:19:55 ~ 1/15/2013 9:17:35 AM ~ Perkins how many people not entering-- wing of prison; data helpful; 1:21:07 ~ 1/15/2013 9:18:46 AM ~ 1:21:08 ~ 1/15/2013 9:18:48 AM ~ Lambart; still remain in upper quadrant of state with prison inmates; population of state grown 10 percent;study information; Page 32 proposed reduction at womens center; Page 37 reduction amount; concur with Gov rec; 1:23:06 ~ 1/15/2013 9:20:45 AM ~ Bebout population at honor farm; Capacity 1:23:22 ~ 1/15/2013 9:21:01 AM ~ Lambaert Page 40 overtime budget at Rawlins; filling staff; managing overtime dollars; Risk to safety; ask to ageee with Gov recommendation; Risk mitigated vacancy savings to pay overtme costs; 1:25:05 ~ 1/15/2013 9:22:44 AM ~ Perkins what is the factors in turnover rate 1:25:30 ~ 1/15/2013 9:23:09 AM ~ Lambert change is salary structure; additioanl pay increases stopped; attrition rate past sallary scale; Trend upward 1:26:52 ~ 1/15/2013 9:24:31 AM ~ Perkins turnover rate alarming to you? 1:27:12 ~ 1/15/2013 9:24:52 AM ~ Lambert national trend in states not heavily unionized; more difficult to attract people; not having success in recruiting; 14 potential applicants; 17 percent turnover-trending upward; new jobs opening up in Carbon Co. 1:28:58 ~ 1/15/2013 9:26:38 AM ~ Meier cost to train 1:29:15 ~ 1/15/2013 9:26:55 AM ~ Lambert inhouse training; good training space cost coming down; 1:29:57 ~ 1/15/2013 9:27:37 AM ~ Bebout 1:30:02 ~ 1/15/2013 9:27:42 AM ~ Burkhart how are staffed 1:30:11 ~ 1/15/2013 9:27:51 AM ~ Lambert staffing higher than in past; recuriting difficulties for new staff; 1:30:58 ~ 1/15/2013 9:28:38 AM ~ Stubson cutting overtime 1:31:10 ~ 1/15/2013 9:28:50 AM ~ Lambert calculated risk with turnover rate; vacancy savings to pay for overtime 1:31:44 ~ 1/15/2013 9:29:24 AM ~ Stubson 70 vacancies 1:31:56 ~ 1/15/2013 9:29:36 AM ~ Lambert 1:32:11 ~ 1/15/2013 9:29:50 AM ~ Bebout timeframe to reduce 1:32:24 ~ 1/15/2013 9:30:04 AM ~ Lambert 1:32:42 ~ 1/15/2013 9:30:21 AM ~ Bobout followup showing 1:33:02 ~ 1/15/2013 9:30:42 AM ~ Lambert varies by job function; 32 days to 180 days 1:33:31 ~ 1/15/2013 9:31:11 AM ~ Bebout how many of 1:33:44 ~ 1/15/2013 9:31:24 AM ~ Lambert number of correctional officers 1:34:00 ~ 1/15/2013 9:31:40 AM ~ Bebout 37 percent 1:34:08 ~ 1/15/2013 9:31:47 AM ~ Lambert p 42 reduction of one staff person. workload absorbed; request concurrence 1:34:49 ~ 1/15/2013 9:32:28 AM ~ Bebout only position 1:34:58 ~ 1/15/2013 9:32:38 AM ~ Lambert Page 47 overtime budget reduction for facility in Torrrngton; demands for overtime not as great. Page 51 WMCI built to hospital standards; Hospice care; Page 53 outlines lowest priority; 64 bed transition facility; Technical violations; Program not up and runing as quickly as anticipated; remove money; Populations projections; In-house treatment; WMCI projections trend toward increased -- shift half Honor farm in Riverton; retain budget retain number of beds; Casper truly minimum beds; cost to do; consider this reduction in budget; retain 840k; shifting bed space across agency 1:44:15 ~ 1/15/2013 9:41:55 AM ~ Bebout request info 1:44:43 ~ 1/15/2013 9:42:23 AM ~ Lambert 1:44:51 ~ 1/15/2013 9:42:30 AM ~ Bebout move others out; 1:45:01 ~ 1/15/2013 9:42:40 AM ~ Lambert 244 beds available ; shift beds to honor farm; same number or treatment beds 1:45:42 ~ 1/15/2013 9:43:22 AM ~ Bebout please put info together 1:46:09 ~ 1/15/2013 9:43:48 AM ~ Perkins cost for staff members 1:46:23 ~ 1/15/2013 9:44:02 AM ~ Bebut parole side-population going up 1:46:49 ~ 1/15/2013 9:44:28 AM ~ Meier private contract facilities 1:47:05 ~ 1/15/2013 9:44:45 AM ~ Lambert vacant beds at honor farm. shift inmates to where beds are; 300 vacant beds in system; reduce backlog 1:47:50 ~ 1/15/2013 9:45:30 AM ~ Bebout get it back to us quickly; other questions 1:48:18 ~ 1/15/2013 9:45:58 AM ~ Nicholas transfet to 1:48:38 ~ 1/15/2013 9:46:17 AM ~ Lambert classification takes into account risk; 1:49:07 ~ 1/15/2013 9:46:47 AM ~ Nicholas risk factors qualified 1:49:26 ~ 1/15/2013 9:47:06 AM ~ Lambert classification system for Wyoming; calculated proven risk retainer; escape risk factor; absorbed as much risk as can; risk factor 1:50:30 ~ 1/15/2013 9:48:10 AM ~ Stubson 1-4 page followup 1:50:52 ~ 1/15/2013 9:48:31 AM ~ Lambert pools have dried up in other recuriting areas; 1:51:20 ~ 1/15/2013 9:49:00 AM ~ Bebout; msybe a call back needed; 11 million in reductions; Parole next 7 minutes 1:52:02 ~ 1/15/2013 9:49:41 AM ~ Anderson 7 member board traveling state; Dept of corrections data - 33 percent come back; Parolees ; 600 oparolees out in communities . 1:54:14 ~ 1/15/2013 9:51:54 AM ~ Bebout go to page 7 1:54:23 ~ 1/15/2013 9:52:03 AM ~ Anderson 25,000 matching funds; no longer needed; 900 series professional fees; give back funds; DOC contracts for sex offenders; 7,000 out of code 207. cut back in tuition assistance; travel budget cuts; travel to 24 hearing per year; state airplanes to attend hearings; cost analysis of savings; driving to half of hearings for 8 percent cut; 1:57:58 ~ 1/15/2013 9:55:37 AM ~ Bebout hearings and ways to cut in half. look into it ; 1:58:40 ~ 1/15/2013 9:56:20 AM ~ Harshmen 24 mandated 1:58:49 ~ 1/15/2013 9:56:29 AM ~ Anderson need to see inmates annually for parole; video lacks interaction; Gov agree; 1:59:31 ~ 1/15/2013 9:57:11 AM ~ Bebout we will return at 3 p.m. 2:00:22 ~ 1/15/2013 9:58:02 AM ~ Stop Recording