No department has been left untouched and many have expressed doubts about their ability to provide adequate services with the cuts they are facing.
Governor and Legislature: Different Approaches to Cuts
The Governor and the Senate have taken a different approach to imposing painful budget cuts. The Governor has relied more heavily on MANAGEMENT RESERVES to achieve her cuts. These are very significant budget cuts wilthin agencies (Courts - $6.6 mil; Correction - $15 mil) that would be taken as the year moves along. Some of them can be taken in the form of lapsed salaries as the year progresses. Nearly every agency has some percentage of employees who transition during the year and while those positions are open, they provide additional funds that are available to the Department.
The legislature is generally more interested in making its own decisions about where the budget will be than in leaving those cuts up to the agencies. That's what the Senate has done in many of this week's budget decisions. In the case of the Courts, though, the Senate imposed both a management reserve and specific program cuts.
BUDGET THEMES
As you look across state agencies, you can find recurrent themes in the manner in which the cuts have been taken. These themes help in understanding the overall budget. They include:
Positions - Positions that are currently vacant have been eliminated across state agencies in the Courts (2.7 mil); Justice ($390,000); Juvenile Justice (1.1 mil) and Crime Control ($560,000) as a way to make cuts without laying off personnel. Of course, many vacant positions were eliminated last year, so there's not as many left to take.
In theDepartment of Correction, 11 Division of Prison administrative positions, 4 in-prison out-patient treatment positions, and 2 Division of Community Corrections positions totaling $1 million were eliminated or consolidated within Corrections.
Indigent Defense Services has very few actual positions but the Senate continued the theme by taking a $5.75 million cut to the private assigned counsel fund. These are not vacant positions, however, and without additional funds, IDS is nearly certain to have unpaid bills at the end of the 2010-2011 fiscal year. On the positive side, the individual attorney appointment fee was raised from $50 to $60.
Operating Reductions - Operating budgets have been reduced in all agencies.
all across state government were reduced by an additional 5% on top of last year's reductions. In the Justice and Public Safety area, many of these are excellent community-based programs that already took from 5% to 15% cuts last year. Several of the programs were completely eliminated in the Governor's budget. Unfortunately, when programs are not direct staff members of a state agency they are sometimes viewed as more expendable.
Justice and Public Safety programs in this item include: Dispute Settlement Centers; NC Bar - Civil Justice Funds; Center for Death Penalty Litigation; Financial Protection Law Center; Harriot's House; NC Prisoner Legal Services; NC Leaf ; Our Children's Place; Project Challenge; Summit House; Women at Risk.
NC VAN, also a pass through, did not receive a 5% cut.
FEES - $13 million in fees were added in the Senate budget. Of these fees, $10 million were used to restore the cut to approximately 60 Victim/ Witness assistant positions within the DAs office. Of the 11 fee increases, several affect defendants who may have a difficult time paying. There are $10 increases in the supervision fee and the attorney appointment fee. There is a $75 increase in the community service fee.
SPECIFIC CUTS/ EXPANSION ITEMS
DA's Association - $100,000 cut
Medicaid Fraud Criminal Investigation Team - There have been instances of medicaid fraud and the Governor and the Senate are both adding funds to the investigation team in the Department of Justice.
Felony Arrestee DNA - the Senate did not include funds to obtain a DNA sample on every felony arrestee.
JUVENILES
The Youth Detention Center (YDC) populations are down 70% since 1999 and down 365 from last year. This decreased the YDC budget by $2.5 million.
BRIDGES - This forest fire fighting program designed around juvenile offenders was in a continuation review status and fortunately, it has been fully restored.
Juvenile Assessment Center - The juvenile assessment center in Fayetteville will be eliminated.
Samarkind Youth Detention Center - The Governor's budget restored the Samarkind YDC. The Senate budget did not. Expect further discussions in this area
as the budget moves to the House.
MENTAL HEALTH
Service Dollars Restored - $40 million that was taken from services in the mental health budget last year has been restored. This is great news.
New Division Director - On a non-budget note, John Tote, the former head of the Mental Health Association for many years, has just been appointed as the head of the Division of Mental Health/Developmental Disabilities/ Substance Abuse Services. We expect John will do a terrific job and are excited about his appointment.
PRISONS/PROBATION
Adult Prison Population - The population, while still above capacity is significantly down from projected levels for June, 2010. This decrease yields a $39.1 million reduction in Corrections. This is the biggest total reduction amount in the JPS subcommittee budget.
Central Prison Hospital and Mental Health Facility and Women's Prison - $11.1 million will be held in reserve for new positions for these facilities. They are scheduled to open in October.
DOC will be ADDING 781 NEW positions to staff these hospitals.
Clothing - The clothing budget was reduced by $500,000 as it was in the Governor's budget.
Inmate Medical Costs - Corrections hopes to save $20.5 million by moving to a medicaid fee schedule. Medical costs are one of the biggest budget items within corrections.
Prisoner Education - The prisoner education program was in a continuation review status and HASis continued in the Senate budget and the Governor's budget. Unfortunately, though, it will be cut by $12 million and services will no longer be available in jails or in federal facilities.
Probation Pay Grade Increase - The Senate did not include the pay grade increase, presumably because this is a year in which NO state employees are receiving increases. Teachers aren't even receiving STEP increases. This item remains a high priority for the Governor.
Probation - The Senate requires the Division of Community Corrections to develop a pilot plan for the "privatization of probation services." This would allow fee-based supervision for low-risk offenders by private entities.
Reduce Drug Testing Frequency - Drug testing will be reduced from 15% to 10%.
COMMUNITY-BASED PROGRAMS
Cross Area Service Fund - This fund provides treatment dollars for programs that provide services across county lines. It appears to be intact in the Senate budget.
Drug Treatment Court - No changes have been made to the Drug Treatment Courts and none are anticipated unless reductions are made as part of the management flexibility reduction described above.
Criminal Justice Partnership Program - $1.1 million was taken from the CJPP discretionary fund. This was a one time cut and does not affect the recurrning funds distributed to the counties.
Sentencing Services - Sentencing Services had an excellent continuation review and has been restored in the Senate budget. This program helps the state save money by using evidence-based practices to provide the Court with appropriate community placements for individuals facing prison sentences. This program also provides case management prior to sentencing.
Womens' Programs - Important women's programs were eliminated in the Governor's budget and they have been restored in the Senate Budget. They are Women at Risk, Summit House, Harriet's House and Our Children's Place. They will each receive a 5% cut.
Victim's Compensation Fund - This fund was reduced by $1.3 mil by both the Governor and the Senate to reflect ACTUAL expenditure levels.
