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BOC Minutes for January 15, 2020

Regular Meeting Minutes

  1. Call to Order, Pledge of Allegiance, Roll Call
  2. Introduction of Calvin Prince, Board of Corrections Member
  3. Approval of Board of Corrections Regular Meeting Minutes for November 13, 2019
  4. Director’s Comments
  5. Inmate/Offender Population Update
  6. Agency Budge Update
  7. Legislative Update
  8. Approval of ODOC Administrative Rules Proposal
  9. Approval of Board of Corrections Policy
  10. Approval of Board of Corrections Policy
  11. P-010700, ODOC Victim Justice Advisory Council
  12. New Business
  13. Adjournment

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1. Call to Order, Pledge of Allegiance, Roll Call

Chairman T. Hastings Siegfried called the regular meeting of the Oklahoma Board of Corrections (BOC) to order at 1:00 p.m. on Wednesday, January 15, 2020, at Mabel Bassett Correctional Center, 29501 Kickapoo Road, McLoud, Oklahoma. The meeting was preceded by advance notice of the date, time and place, filed with the Oklahoma Secretary of State on October 30, 2019. An amended meeting notice changing the location was posted with the Oklahoma Secretary of State on December 26, 2019. An announcement was also given at least twenty-four (24) hours in advance by posting notice of the date, time, place and agenda of the meeting at 7:47 a.m. on Tuesday, January 14, 2020, at the principal office of the Oklahoma Department of Corrections (ODOC), located at 3400 North Martin Luther King Avenue in Oklahoma City, Oklahoma.

  • A. Pledge of Allegiance
    Chairman Siegfried led the meeting attendees in reciting the pledge of allegiance to the United States Flag.
  • B. Roll Call
    Chairman Siegfried asked the clerk to call roll:

Randy Chandler - Present
Betty Gesell - Present
Joseph Griffin - Present
Lynn Haueter - Absent
Dr. Kathryn LaFortune - Absent
Stephan Moore - Present
Calvin Prince - Present
T. Hastings Siegfried - Present
Daryl Woodard - Present

Calling of the roll reflected a quorum was present.

2. Introduction of Calvin Prince, Board of Corrections Member

Chairman Siegfried introduced new Board of Corrections Member Calvin Prince, who replaced Mike Roach. Board Member Prince provided a brief bio. Mr. Prince stated he resides in Ada, Oklahoma and is the Administrator of the Specialty Courts for Pontotoc County. Mr. Prince is married, with two children and has been in his field of work for a long period of time. Prior to his current position, he was a school counselor and coach at McLoud High School. Mr. Prince finished by stating he was excited to be a part of the Board of Corrections.

There was no further discussion.

3. Approval of Board Corrections Regular Meeting Minutes

Chairman Siegfried requested approval of the meeting minutes for November 13, 2019, as presented to members in the BOC packet for January 15, 2020.

  • A. November 13, 2019

Motion: Mr. Woodard made a motion to approve the minutes. Mr. Griffin seconded the motion.

Results: Randy Chandler- Approve; Stephan Moore- Approve; Betty Gesell- Approve; Calvin Prince- Approve; Joseph Griffin- Approve; T. Hastings Siegfried- Approve; Lynn Haueter- Absent; Daryl Woodard- Approve; Dr. Kathryn LaFortune- Absent

Meeting minutes for November 13, 2019 were approved by majority vote. There was no further discussion.

4. Director's Comments

  • A. Governor’s Leadership Summit Award for Cross Collaboration
    Director Crow announced that he was proud to accept the Cross Collaboration Award for ODOC at the Governor’s Leadership Summit. He said this award was significant for ODOC because it represents what staff accomplish not only internally, but also externally. In the past it has been said that ODOC does not work well with others. Director Crow went on to state that it is important to recognize the work of agency staff. Director Crow thanked staff involved for making the award possible.

  • B. Second Annual ODOC Public Safety Forum
    Director Crow announced that on January 23, 2020, ODOC will host the Second Annual Public Safety Forum. The forum will be held at the Oklahoma History Center, 800 Nazih Zuhdi Drive, Oklahoma City, Oklahoma. Invitations were mailed the first week of January. Director Crow asked that interested persons RSVP by January 17, 2020. If you have not registered and would like to you can reach out by telephone at 405-425-2678 or by emailing ODOC’s Communications Director Jessica Brown at Jessica.brown@doc.ok.gov

    The workshops will include History of Criminal Justice in Oklahoma, Recently Passed Criminal Justice Reform Laws and Impacts, Getting to the Top 10 – the Future of Criminal Justice, Statistical Analysis of Incarceration, RESTORE Task Force Recommendations (this group was created by Governor Stitt and Secretary of Public Safety Chip Keating), and Improving Outcomes of Criminal Justice-Involved Individuals, among others.

    A few of the guest speakers include: Governor Kevin Stitt, Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) Commissioner Terri White, Deputy Secretary of Public Safety Tricia Everest, Attorney General Mike Hunter, Research Director of Oklahoma Bureau of Narcotics and Dangerous Drugs (OBNDD) Angie Woodrow, Executive Director of Oklahoma Historical Society Dr. Blackburn, Senator Roger Thompson, District Judge Emmit Taylor, and Public Defender Bob Ravitz.

    Director Crow said he was not involved in last year’s forum but was told it was a success and he is looking forward to this year’s forum.

  • C. New Offender Management System Update
    Director Crow indicated he was excited to announce the issuance of a purchase order for ODOC’s new offender management system. The system will replace the antiquated system ODOC is currently using. Work will begin to roll out the first of forty-two modules through a company called Marquis. This system is considered to be one of the best and should accommodate ODOC’s needs for many years. The system will not only help ODOC but will also help external stakeholders. Director Crow thanked everyone involved in the project.

  • D. County Jail Tours
    Director Crow updated the Board on his meeting with the Oklahoma Sheriff’s Association about touring county jails. ODOC previously contracted with some county jails to house a variety of different security level inmates in those jails. Due to budget cuts, a decision was made to pull those contracts and remove ODOC inmates from county jails. Since that time, several counties and sheriffs have expressed a desire to reinstate the contracts and house ODOC inmates due to the supplement it provides to their annual budgets. In the past, there were issues with county jails and their ability to provide programs, medical and other basic needs of inmates. Director Crow discussed those concerns with counties, and discussed touring jails across the state to identify county jails that could possibly meet agency criteria; therefore, if a need did arise for bed space ODOC would have knowledge of the location and services each county jail could provide. At this time, ODOC has toured eight county jails. ODOC is currently in the process of creating an instrument to score the county jails to assist in identifying which jails could fit the agency’s needs. ODOC continues to tour county jails across the state.

  • E. ASCIIS Implementation
    Director Crow advised that another system ODOC is excited about is the new Interdiction Unit system called ASCIIS. ASCIIS is a nationally established case management system utilized by law enforcement agencies across the U.S., as well as OSBI and OBN, and is on state contract. The system provides investigative and intelligence case management, law enforcement records management and uniform crime reporting, lead or tip management, property and evidence management, telephone record analysis and statistical reporting.

    Director Crow indicated this system will assist ODOC in contraband eradication. In addition to enhanced internal and external communication, ASCIIS will also modernize interdiction for investigations, and be utilized by the Employee Rights and Relations Unit for their investigations. The system is cloud based system so it avoids OMES server and maintenance costs. ASCIIS also has the ability to become compliant with the uniform crime reporting standards and greatly increases ODOC’s analytic abilities.

    ASCIIS has been deployed and the unit is training on the system, which should be operational by the end of February.

    Director Crow stated his updates were complete and asked if there were any comments.

    Mr. Woodard: Do you have any updates on the legislative initiatives?
    Director: Communications Director Jessica Brown is on the agenda to present legislative initiatives, and will continue to bring the BOC updates as the legislative session progresses.
    Mr. Chandler: Does OMS and ASCIIS share information?
    Director: No. They are independent systems. I would like to add that OMS does have an investigation module, but it does not allow communication with other law enforcement agencies. It is extremely important to have that collaboration, which is one of the benefits of ASCIIS.
    Mr. Prince: When will the county jail tours be completed?
    Director: The tours will be completed within the next three months.
    Mr. Prince: Are you looking for jails to start up programs?
    Director: Not necessarily. This is a resource we would have available should the need arise. Currently, ODOC does not have an immediate need for county
    jail beds, but should the need arise, ODOC would like to know where the jails are located and what they offer.
    Chairman Siegfried: What is the timeline for the implementation of the OMS system to be complete?
    Director: I was told two years. Within the first year to eighteen months, the core functions should be operational, with the exception of sentence administration and calculation, which I understand is difficult to gear to Oklahoma due to Oklahoma’s sentencing statutes.
    Chairman Siegfried: This will include training?
    Director: Yes. The agency has been very diligent in working with the vendor to provide a proper training platform.

There was no further discussion.

5. Inmate/Offender Population Update

Offender Services Director Millicent Newton-Embry provided an overview of the inmate/offender population as of December 31, 2019. A copy of the overview was included in the BOC packet for January 15, 2020. Following the presentation, Director Newton-Embry indicated that some of the decreases could be attributed to receptions from county jails being down, more inmates being released to Global Positioning Satellite (GPS), and the commutation.

Mr. Chandler: Requested clarification on reception numbers.
Director Newton-Embry: Intakes are down by 107 inmates from 2018.
Mr. Griffin: Has reception at county jails decreased?
Director Newton-Embry: ODOC’s reception is down because not as many inmates were sentenced to ODOC.

There was no further discussion.

6. Agency Budget Update

  • A. FY 2019 ODOC Budget Monthly Update
    Acting Chief Financial Officer (CFO) Ashlee Clemmons provided an overview of the FY 2019 ODOC Monthly Budget, a copy of which was included in the BOC packet for January 15, 2020.

    Ms. Clemmons answered questions pertaining to the Three Year Revolving Fund Comparison overview.
    Chairman Siegfried: Why is there a reduction in prison industries?
    CFO Clemmons: Raw materials and furniture sales are down and an increase in Agri-Services costs.
    Chairman Siegfried: The county jail transport has a budget but no revenue, why is this?
    CFO Clemmons: This is money that was appropriated to ODOC and that is the reimbursement of inmates from county jails to our reception center. ODOC reimburses counties for mileage and staff time to transport the inmates to ODOC.
    Chairman Siegfried: If there Is an appropriation for the FY 20 Budget, it is not reflected on the overview.
    CFO Clemmons: Correct. It is under the budget column; it will be transferred to the FY 20 July-December column.
    Chairman Siegfried: So the FY 20 July-December total is wrong?
    CFO Clemmons: Yes. It should read $25,620,249, not $24,620,649.

    Ms. Clemmons added that ODOC has expended just under $200,000 of that fund and any funds not expended will roll over into the next year.

  • B. Approval of Average Daily Cost Per Inmate by Facility Category for FY 2019 in accordance with 57 OS 561.1 E.
    “At the beginning of each fiscal year, the Department of Corrections shall determine the budgeted average daily cost per inmate. There shall be a separate computation of budgeted average daily cost for maximum security, medium security, minimum security, and community facilities. This information shall be presented to the State Board of Corrections for informational purposes only. After the close of each fiscal year, the Department shall determine the actual average daily cost per inmate for the operational costs at each major category of correctional facility. There shall be a separate computation of the average daily rate for maximum security, medium security, minimum security, and community facilities. The Department shall present to the Board of Corrections at its January meeting comparative data on budgeted daily cost versus actual daily cost, and, after appropriate review and analysis, the Board shall adopt as a final action of the Board an average daily cost per inmate by facility category for the immediately preceding fiscal year.” 57 OS 561.1 E.

    CFO Clemmons presented the following cost of incarceration per day for FY 2019 for Board approval:
        • Maximum Security: $90.48
        • Medium Security – Combined Average: $52.35
        • Minimum Security – Combined Average: $48.19
        • Community Correction Centers – Average: $49.41

    Mr. Woodard:
    What percentage of inmates are in maximum security?
    CFO Clemmons: ODOC has 815 inmates in maximum security.
    Mr. Woodard: Do we know how this number compares to other states?
    CFO Clemmons: I have not done any type of bench mark comparison with other states, but I will tell you I have talked to many other states about gathering this type of information and it appears other states calculate this cost differently and they really do not want to relinquish such information.
    Director Crow: I would like to add through diligent efforts by CFO Clemmons and her team, who thoroughly reviewed and captured all of the necessities, the numbers this year are reflective of actual costs more so than in past years. Director Crow thanked CFO Clemmons.
    Mr. Chandler and Chairman Siegfried: Commented on the challenges of calculating this cost due to numerous reasons; one being the rate of incarceration and different ways it can be calculated.
    Mr. Griffin: Does this number include the cost of facility upkeep?
    CFO Clemmons: Upkeep costs are not factored into this number, but I can provide that information.
    Board Members: Discussed what the number (cost of incarceration) would look like if the bond money was not available and staffing was at one hundred percent.

    Chairman Siegfried requested approval of the cost of incarceration per day for FY 2019 as presented to members in the BOC packet for January 15, 2020.

Motion: Mr. Griffin made motion to approve the FY 2019 cost of incarceration. Mr. Woodard seconded the motion.

Results: Randy Chandler-Approve; Stephan Moore-Approve; Betty Gesell-Approve; Calvin Prince-Approve; Joseph Griffin-Approve; T. Hastings Siegfried-Approve; Lynn Haueter-Absent; Daryl Woodard-Approve; Dr. Kathryn LaFortune-Absent

The cost of incarceration per day for FY 2019 was approved by majority vote. There was no further discussion.

7. Legislative Update

Chief of Strategic Engagement Jessica Brown presented the legislative update. A copy of the update was included in the BOC packet for January 15, 2020. Ms. Brown indicated there were two ODOC bills that did not progress. Initiative 20-05 which lessened statutory requirements for Probation and Parole Officers to only a Bachelor’s Degree, deleting 24 hours of specialized courses. Ms. Brown spoke with the Public Safety Chairman J.J. Humphrey of the House Public Safety Committee, who is a former Probation and Parole Officer; he asked that ODOC not move forward with the initiative. Representative Humphrey plans to request a pay raise for Probation and Parole Officers in order to attract more individuals without reducing requirements. Initiative 20-07 requested to reduce the age limit of correctional officers from 20 to 18 years old. Surrounding states, with the exception of Colorado, has the age limit of 18; ODOC decided it would be a good idea to reduce the age requirement to 18 in hopes of attracting more applicants. ODOC received a number of communications from legislators stating they were not in support of the initiative. The agency decided to remove this initiative and take additional time to educate legislators as to the reason ODOC believes an age reduction is needed and how measures, such as specialized training, can be used to assist a younger group of officers.

Ms. Brown indicated Senator Thompson introduced a bill to dissolve the Board of Corrections. She and Director Crow have spoken to Senator Thompson about his reason for introducing the bill. Senator Thompson sees the Board of Corrections as another layer of oversight he does not believe is necessary due to the Governor directly supervising and setting the salary of the Director, as well as the Secretary of Public Safety having direct oversight of ODOC.

Mr. Griffin: Have you spoken to senate or house leadership on this bill?
Ms. Brown: Not at this point. Senator Thompson is part of Senate leadership and I think they will probably hear this bill. I do not know if the bill will gain momentum in the House of Representatives.

Ms. Brown indicated she will have a comprehensive list of all initiatives that have been filed for the next meeting. The session starts Monday, February 3, 2020.

Ms. Brown introduced the new Legislative Liaison, Justin Wolf. Mr. Wolf began his career in law as an Assistant District Attorney in Oklahoma County. He then became an Assistant General Counsel at the Oklahoma State Bureau of Investigation (OSBI), and most recently, Assistant General Counsel of the Pardon and Parole Board.

Director Crow: Do the initiatives have to be approved when they are removed from the initiative list?
General Counsel Gary Elliott: No, the removal of initiatives is just for informational purposes.

8. Approval of ODOC Administrative Rules Proposal

Mr. Wolf presented the administrative code proposal for approval by the Board. A copy of the proposal was included in the BOC packet for January 15, 2020. Mr. Wolf Indicated Administrative Rules are a function whereby the legislature gives authority to state agencies to draft rules which have the effect of law for an agency to operate core functions. This alleviates the need for a state statue for day to day operations. ODOC has not had a comprehensive review of its Administrative Rules in over 12 years. This is the first step of a long and tedious task of reviewing and updating ODOC’s administrative rules. The rules that ODOC is requesting approval on today will not go into effect until September 2020. A plan has been submitted to complete a comprehensive review of all administrative rules, but at this time ODOC is focusing on the rules submitted in this proposal.

Mr. Griffin: Are any of these proposal emergencies.
Mr. Wolf: No, not at this time. Moving forward, as we begin the comprehensive review, if emergency rule changes are identified, ODOC will proceed with them at that time.
Director Crow: Has a definitive timeline been identified to complete the comprehensive review?
Mr. Wolf: Yes. If the Board approves the current proposal today, the first edits will be submitted to the Office of Administrative Rules in the Governor’s Office by next Friday, January 24, 2020. Once submitted, the Governor will sign and there will be a public comment period and a public hearing. After the public hearing, ODOC will present the rules back to the Board of Corrections for final approval. The rules will then be submitted to the Governor and legislature for final approval. Upon final approval, the anticipated effective date is September 2020. The comprehensive review completion date is projected to be mid-to-late March, with presentation to the Board of Corrections in April. The goal is to have all rules updated by the end of 2021. An annual review will then be completed to ensure ODOC remains in compliance.

Chairman Siegfried requested approval of the Administrative Rules proposal as presented to members in the BOC packet for January 15, 2020.

Motion: Mr. Woodard made a motion to approve the administrative rule proposal. Mr. Chandler seconded the motion.

Results: Randy Chandler- Approve; Stephan Moore- Approve; Betty Gesell- Approve; Calvin Prince- Approve; Joseph Griffin- Approve; T. Hastings Siegfried- Approve; Lynn Haueter- Absent; Daryl Woodard- Approve; Dr. Kathryn LaFortune- Absent

The Administrative Rules proposal was approved by majority vote. There was no further discussion.

9. Approval of Board of Corrections Policy

Chief Compliance Officer Penny Lewis provided an overview of P-010200, entitled “Operating Procedures and Policies for the Oklahoma Board of Corrections,” which required action of the board. The policy was presented to members in the BOC packet for January 15, 2020.

  • A. P-010200, Operating Procedures and Polices for the BOC
    The most significant changes affecting P-010200 are:

    Section II. Item C. Committee members increased from three to four.

    Section II. C. Item 2. Technology was moved from Section II. C. 6. and added to the Audit/Finance Committee. Additionally items (6), (7), and (8), which outline the committee’s additional functions were added to this section.

    Section II. C. Item 3. Security was added to the Population/Private Prison Committee to include the additions of items (4) and (5), which outline the committee’s additional functions.

    Section II. C. Item 4. Criminal Justice was moved from Section II. C. item 5 and added to the Public Policy/Affairs Committee to include items e. and f. which states: (e.) the committee will review policies and make recommendations to support criminal justice reform; (f.) the committee will explore opportunities for cooperative efforts to promote awareness of ODOC policies and procedures as it relates to justice reform.

    Subsequently, Items 5. And 6. of Section II. C. have been deleted.

    Chairman Siegfried: Indicated that he spoke with the executive committee members and DOC Director about the committee structure, in that there were six committees and to obtain their thoughts on consolidating to four committees that would better serve the agency and Board of Corrections.

    Chairman Siegfried requested approval of revisions to P-010200 as presented to members in the BOC packet for January 15, 2020.

Motion: Mr. Griffin made a motion to approve revisions to P-010200. Mr. Woodard seconded the motion.

Results: Randy Chandler- Approve; Stephan Moore- Approve; Betty Gesell- Approve; Calvin Prince- Approve; Joseph Griffin- Approve; T. Hastings Siegfried- Approve; Lynn Haueter- Absent; Daryl Woodard- Approve; Dr. Kathryn LaFortune- Absent

P-010200 was approved by majority vote.

  • B. Announcement of BOC Committees
    The Committees were presented to members in the BOC packet for January 15, 2020.
        a. Executive
        b. Audit/Finance/Technology
        c. Population/Security/Private Prison
        d. Public Policy/Affairs/Criminal Justice

There was no further discussion.

10. Approval of Board of Corrections Policy 

(Recorded on agenda as items 10-14)
Chief Compliance Officer Penny Lewis provided an overview of P-090200, P-100100, P-130100, P-140100, and P-160100, which required action of the board. The policies were presented to members in the BOC packet for January 15, 2020.

The following policies required only minor revisions to include update of chairperson and accreditation references:

  • A. P-090200, Public Works Programs of ODOC
  • B. P-100100, Training and Staff Development Standards
  • C. P-130100, ODOC Annual Inspections and Monitoring
  • D. P-140100, Inmate Medical, Mental Health and Dental Care
  • E. P-160100, Purpose and Function of Probation and Parole

Chairman Siegfried requested approval of revisions to P-090200, P-100100, P-130100, P-140100, and P-160100 as presented to members in the BOC packet for January 15, 2020.

Motion: Mr. Griffin made a motion to approve revisions to P-090200, P-100100, P-130100, P-140100, and P-160100. Mr. Woodard seconded the motion.

Results: Randy Chandler- Approve; Stephan Moore- Approve; Betty Gesell- Approve; Calvin Prince- Approve; Joseph Griffin- Approve; T. Hastings Siegfried- Approve; Lynn Haueter- Absent; Daryl Woodard- Approve; Dr. Kathryn LaFortune- Absent

Revisions to P-090200, P-100100, P-130100, P-140100, and P-160100 were approved by majority vote. There was no further discussion.

11. P-010700, ODOC Victim Justice Advisory Council

(Recorded on agenda as item 15)
Chief Compliance Officer Penny Lewis presented a request to delete P-010700. The policy was included in the BOC packet for January 15, 2020. This policy was developed in 2007 as a result of a quality assurance process in place at that time. The purpose of the council was to serve as a resource to expand the Victim Services Unit and provide guidance regarding program implementation. Since 2007, the Victims Services Unit has implemented a process for victim/inmate dialogue, an Apology Bank for inmates and victim’s impact curriculum that is currently being taught to inmates at all facilities. Additionally, the VINE systems technology has streamlined the notification process for victims. Therefore, deletion of P-010700 is recommended.

Chairman Siegfried requested approval of the deletion of P-010700 as presented to members in the BOC packet for January 15, 2020.

Motion: Mr. Woodard made motion to approve deletion of P-010700. Chairman Siegfried seconded the motion.

Results: Randy Chandler- Approve; Stephan Moore- Approve; Betty Gesell- Approve; Calvin Prince- Approve; Joseph Griffin- Approve; T. Hastings Siegfried- Approve; Lynn Haueter- Absent; Daryl Woodard- Approve; Dr. Kathryn LaFortune- Absent

12. New Business

(Recorded on agenda as item 16)
There was no new business.

13. Adjournment

(Recorded on agenda as item 17)
Chairman Siegfried indicated there were no items listed for Executive Session and requested a motion to adjourn.

Approval to Adjourn

Motion: Mr. Woodard made a motion to adjourn meeting. Chairman Siegfried seconded the motion.

Results: Randy Chandler- Approve; Stephan Moore- Approve; Betty Gesell- Approve; Calvin Prince- Approve; Joseph Griffin- Approve; T. Hastings Siegfried- Approve; Lynn Haueter- Absent; Daryl Woodard- Approve; Dr. Kathryn LaFortune- Absent

There being no further business to discuss, adjournment of the meeting was approved by majority vote at 2:11 p.m.


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