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BOC Minutes for June 4, 2015

Regular Meeting

  1. Call to Order and Roll Call
  2. Welcome/Remarks
  3. Old Business
  4. Discussion and Approval of Board of Corrections Meeting Minutes
  5. Director’s Comments with possible discussion on the following
  6. Discussion and Approval of Board Resolutions
  7. Discussion and Approval of Board Resolutions
  8. Discussion and Confirmation/Approval of Appointment
  9. Monthly Update and Discussion of Agency Budget
  10. Discussion and Approval of Budget Fund Transfer
  11. Discussion and Approval of Capital Improvement
  12. Update and Discussion of Offender Population
  13. Update and Discussion of Legislative Initiatives
  14. Committee Reports - Committee Chairs
  15. Election of Board Officers
  16. New Business
  17. Announcements
  18. Approval to Adjourn for Executive Session
  19. Approval to Return from Executive Session
  20. Adjournment

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1. Call to Order and Roll Call - Kevin Gross, Chair

Chair Gross called the regular meeting of the Oklahoma Board of Corrections (BOC) to order at 1:00 p.m. on Thursday, June 4, 2015, in the Jim E. Hamilton Correctional Center (JEHCC). The final agenda was posted at 10:36 a.m. on Tuesday, June 2, 2015, at the Oklahoma Department of Corrections (ODOC), which is at least twenty-four hours prior to the commencement of the meeting. Chair Gross asked the clerk to call the roll:

Kevin Gross, Chair - Present
Irma Newburn, Member - Absent
Gene Haynes, Member - Present
Michael Roach, Vice Chair - Present
Frazier Henke, Secretary - Present
Matt Tilly, Member - Absent
Todd Holder, Member - Present

Calling of the roll reflected a quorum was present. (back to top)

2. Welcome/Remarks Michael Wade, Warden - Jim E. Hamilton Correctional Center

Division Manager (DM) David Parker greeted and welcomed the BOC on behalf of Warden Wade who was unable to attend due to a family emergency. DM Parker stated the JEHCC history dated back to 1933 when it was commissioned as the home of the Civil Conservation Corps. Throughout the years, the facility was utilized in various capacities including the United States Forestry Department and the Hodgen Job Corps. DM Parker stated the facility was to be demolished in 1969 but the plan was delayed when legislation sponsored by Senator Jim E. Hamilton introduced a better plan for the site. Camp Hodgen became the first offender training facility in the United States offering vocational training by the Department of Vo-Tech Education in cooperation with the ODOC.

JEHCC has a population of 237 offenders and hosts the largest vocational training program in Oklahoma. The program offers skill areas in industrial electricity, air conditioning and refrigeration, welding, building construction, masonry, building maintenance, industrial maintenance, transmission repair, front end/suspension and engine performance. (back to top)

3. Old Business - Kevin Gross, Chair

There was no old business to discuss. (back to top)

4. Discussion and Approval of Board of Corrections Meeting Minutes - Kevin Gross, Chair

  • Special Meeting on May 12, 2015

Chair Gross stated the minutes from the special meeting on May 12, 2015, were provided to the BOC for review prior to the meeting this date. He requested a motion to approve the minutes as presented to the Board.

Motion: Mr. Roach made a motion to approve the minutes and Mr. Henke seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Haynes – abstain; Mr. Henke – yes; Mr. Holder – yes; Mr. Roach – yes.

The minutes were approved by majority vote and there was no further discussion. (back to top)

5. Director’s Comments with possible discussion on the following - Robert Patton, Director

  • PREA Audits
  • Budget
  • Correctional Officer, Correctional Officer Supervisor, and Probation and Parole Officer of the Year Recognition Ceremony

Director Patton began by congratulating the JEHCC staff for a wonderful reception and tour of JEHCC for the BOC. He then stated Prison Rape Elimination Act (PREA) Audits were completed in April and May at the following facilities with final reports showing they are PREA Compliant:

  • Enid Community Corrections Center which also includes five work centers
  • Union City Community Corrections Center
  • Dick Conner Correctional Center
  • Oklahoma State Penitentiary
  • Center Point Halfway House
  • Leflore County Jail
  • Lawton Correctional Facility

Director Paton stated the Oklahoma County Jail had also completed their PREA Audit in May with the auditor noting there were no concerns found during the audit. The final report should be received in the next thirty days and should indicate 100% compliance. He stated the ODOC is expected to meet the BOC goal of being PREA Compliant by the end of 2016.

Director Patton stated the BOC will recognize two very important people on this date: the ODOC Correctional Officer (CO) of the Year and the Correctional Officer Supervisor of the Year. On May 5, 2015, the ODOC recognized CO and CO Supervisors of the Year from each facility at a special ceremony in Oklahoma City. Special guests included BOC member Matt Tilly, Speaker Jeff Hickman, Commissioner Michael Thompson, and former BOC member Steve Burrage. After the ceremony and lunch, the group traveled to the State Capitol where they met with the governor and were recognized on the House floor.

Director Patton stated the most important topic for the ODOC on this date was the budget. Budget negotiations began prior to the legislative session to provide information on the agency’s needs. Director Patton stated it was made very clear from the onset that a flat budget for the ODOC would be more like a budget cut. Director Patton stated he was proud to report that the legislators listened and the ODOC received a $14 million increase in appropriated funds. This $14 million is comprised of annualizing a $13 million supplemental the agency received a few years ago and an additional $1 million approved by the legislators this session.

Director Patton stated he discussed plans with the BOC Executive Committee members to include the full BOC in the budgeting process beginning with the Audit/Finance Committee. During the Audit/Finance Committee meeting, staff and the committee members discussed the $14 million increase and how it would be used in fiscal year 2016 budget. Approximately $9 million was slated for expenditures still pending payment from the FY 2015 budget as well as for FY 2016 medical expenses. The remaining $5 million will be added to the FY 2016 budget to be utilized in other areas of the agency. Director Patton stated he would present the recommendations for the FY 2016 Budget at the BOC meeting in July.

Mr. Roach stated he felt the recent Audit/Finance Committee meeting was one of the most productive and informative meetings he had attended in some time. He stated that seeing the financial numbers written on a board is more helpful than hearing about it during a meeting. He noted that he was amazed at the needs of the agency which had always been discussed but never in such detail. Mr. Roach stated the agency is backed into a corner when it comes to offender housing and population management. The number of offenders received versus the number of offenders released during the last year was a net gain of approximately 1,200 offenders. This type of growth will continue each year with more offenders coming into the system and less being released. Mr. Roach stated one of the things he was encouraged by during the meeting, though, was the attitude and desire of staff to make changes to impact those numbers. Mr. Roach stated he felt that the increase in the agency’s funding for the next fiscal year spoke very highly of the efforts put forth by Director Patton and his staff to communicate these needs with the legislature. (back to top)

6. Discussion and Approval of Board Resolutions - Tommy Sharp, Warden, Howard McLeod Correctional Center

  • Gary Trent, Howard McLeod Correctional Center
    Correctional Officer of the Year

Warden Sharp stated he was excited and proud to introduce Correctional Officer (CO) Gary Trent to the BOC. He stated that CO Trent first began working for ODOC in August 2013; since that date, he has demonstrated all the qualities a warden or chief or shift supervisor would look for in a CO. Warden Sharp stated he is dedicated to all aspects of his job including his efforts in contraband

interdiction, focus on safety and sanitation standards, and his professionalism when dealing with staff and offenders. Warden Sharp stated all of these characteristics are why CO Trent was selected as the ODOC Correctional Officer of the Year. Warden Sharp requested and received permission to read the following resolution:

WHEREAS, correctional officers are trained professionals who unselfishly provide humane conditions of confinement while ensuring security of the state’s correctional institutions and contributing to the rehabilitation of offenders; and

WHEREAS, the Oklahoma Department of Corrections is extremely fortunate to have correctional officers who are conscientious, dedicated, and committed to performing their duties in a professional manner; and

WHEREAS, each year one correctional officer supervisor is selected as the outstanding officer for his facility as well as his division; and

WHEREAS, the Oklahoma Department of Corrections selects an Agency Correctional Officer of the Year who exemplifies high standards and serves as a role model for others to follow in fulfilling the agency’s mission of “Protecting the Public, the Employee and the Offender”; therefore, be it

RESOLVED that the Oklahoma Board of Corrections does hereby announce and proclaim to BOC Regular Meeting June 4, 2015 Page 4 of 10 all, its recognition of GARY TRENT, Howard McLeod Correctional Center, as the 2014-2015 Agency Correctional Officer of the Year.

Warden Sharp requested the BOC approve the resolution as presented.

Motion: Mr. Henke made a motion to approve the resolution and Mr. Roach seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Roach – yes.

The resolution was approved by majority vote and there was no further discussion. (back to top)

7. Discussion and Approval of Board Resolutions - Janet Dowling, Warden, Dick Conner Correctional Center

  • Bradley Rogers, Dick Conner Correctional Center
    Correctional Officer Supervisor of the Year

Warden Dowling stated she was pleased to introduce Lieutenant (LT) Bradley Rogers. She noted LT Rogers joined the agency in 2007 as a correctional officer cadet and promoted through the ranks, becoming a shift lieutenant in 2014. LT Rogers is currently assigned as the Dick Conner Correctional Facility (DCCC) intelligence and investigation officer as well as being responsible for supervision of the evidence room and the segregated housing unit. Warden Dowling stated LT Rogers’ demeanor and skillset serves as the example of a corrections professional. She stated he addresses issues as they arise and he prepares and implements actions in accordance with agency policy. Warden Dowling requested and received permission to read the following resolution:

WHEREAS, correctional officers are trained professionals who unselfishly provide humane conditions of confinement while ensuring security of the state’s correctional institutions and contributing to the rehabilitation of offenders; and

WHEREAS, the Oklahoma Department of Corrections is extremely fortunate to have correctional officers who are conscientious, dedicated, and committed to performing their duties in a professional manner; and

WHEREAS, each year one correctional officer supervisor is selected as the outstanding officer supervisor for his facility as well as his division; and

WHEREAS, the Oklahoma Department of Corrections selects an Agency Correctional Officer Supervisor of the Year who exemplifies high standards and serves as a role model for others to follow in fulfilling the agency’s mission of “Protecting the Public, the Employee and the Offender”; therefore, be it

RESOLVED that the Oklahoma Board of Corrections does hereby announce and proclaim to all, its recognition of BRADLEY ROGERS, Dick Conner Correctional Center, as the 2014-2015 Agency Correctional Officer Supervisor of the Year. Warden Dowling requested the BOC approve the resolution as presented.

Motion: Mr. Haynes made a motion to approve the resolution and Mr. Henke seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Roach – yes.

The resolution was approved by majority vote and there was no further discussion. (back to top)

8. Discussion and Confirmation/Approval of Appointment - Robert Patton, Director

  • Kameron Harvanek, Warden
    Mack Alford Correctional Center
  • Jerry Chrisman, Warden
    Jackie Brannon Correctional Center

Director Patton stated he continues to work with his executive team to find the best fit for the wardens. He requested approval from the BOC to laterally transfer two wardens to other facilities. Director Patton stated he would like approval to move Warden Kameron Harvanek from John Lilley Correctional Center to Mack Alford Correctional Center. He would also like approval to move Warden Jerry Chrisman from Mack Alford Correctional Center to Jackie Brannon Correctional Center.

Motion: Mr. Holder made a motion to approve the transfers of the wardens and Mr. Roach seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Roach – yes.

The transfers were approved by majority vote and there was no further discussion. (back to top)

9. Monthly Update and Discussion of Agency Budget - Ashlee Clemmons, Chief Administrator, Business Services

Ms. Clemmons provided the following budget update as of April 30, 2015:

FY2015 Budget Work Program
Appropriated $472,639,727
200 Fund $17,354,741
205 Fund $4,802,152
280 Fund $2,256,000
Total – Budget Work Program $497,052,620*

*Excludes Prison Industries funds not part of the ODOC operating budget, Community Sentencing and Federal funds

Y-T-D Expenditures $(383,522,887)
Appropriated $(372,590,174)
200 Fund FY 15 $(7,828,667)
205 Fund FY 15 $(2,083,634)
280 Fund FY 15 $(1,020,412)
Encumbrances $(58,448,808)
Committed $(309,605)
Remaining Payroll $(45,597,340)
Available Balance $9,173,980

Appropriated Operating Funds
Budgeted $472,639,727
Expenditures Y-T-D $(372,590,174)
Encumbrance Y-T-D $(51,580,088)
Total Committed Y-T-D $0
Available Balance $48,469,465
Less:
Payroll $(45,597,340)
Available Balance $2,872,125

200 Revolving Fund
Beginning Cash Balance 7/1/2014 $180,636
Revenue Received Y-T-D $12,516,213
Expenditures Y-T-D $(11,470,792)
Adjustments Y-T-D $(1,767)
Ending Balance $1,224,290

205 Revolving Fund
Beginning Cash Balance 7/1/2014 $1,721,954
Revenue Received Y-T-D $4,322,065
Expenditures Y-T-D $(5,461,887)
Adjustments Y-T-D $0
Ending Balance $582,132

280 Revolving Fund
Beginning Cash Balance 7/1/2014 $3,972,741
Revenue Received Y-T-D $22,145,798
Expenditures Y-T-D $(23,010,541)
Adjustments Y-T-D $0
Ending Balance $3,107,998

Chair Gross queried about the outlook for the end of the fiscal year. Ms. Clemmons stated she believed the agency would have a $1-2 million carryover of appropriated funds going into FY 2016. No further comments were made. (back to top)

10. Discussion and Approval of Budget Fund Transfer - Ashlee Clemmons, Chief Administrator, Business Services

Ms. Clemmons stated in accordance with policy statement P-120100, Management of State Funds and Assets, the ODOC is seeking BOC approval to request a transfer of funds through the Office of Management and Enterprise Services (OMES). A surplus of appropriated funds was identified in the Information Technology budget and the agency would like to redistribute the available funds to Contract Services for beds.

Director Patton stated through efforts by Ms. Terri Watkins, ODOC staff and OMES staff, approximately $500,000 has been saved in Information Technology costs this year. Director Patton stated the funds would be used to offset county jail backup shortages at the end of FY 2015.

Motion: Mr. Holder made a motion to approve the request to transfer of funds and Mr. Henke seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Roach – yes.

The budget fund transfer was approved by majority vote. (back to top)

11. Discussion and Approval of Capital Improvement - Ashlee Clemmons, Chief Administrator, Budget Request Business Services

Ms. Clemmons stated she was requesting BOC approval to submit the ODOC FY 2017 Capital Outlay Request which consists of sixteen projects totaling $63.7 million. Once the BOC approves the request, the information will then be submitted to OMES Capital Assets Management for presentation to the legislature and the long-range capital planning commission.

Chair Gross queried about the price of the Offender Management System (OMS) as he felt it was extremely high. Director Patton stated $16 million for an OMS does not provide much technology and would be just the basic system. If an OMS is approved, the $16 million would be spread out over a three-year timeframe. Director Patton noted this cost was comparable to other state systems for corrections. Director Patton stated the Capital Outlay Committee approved $9.8 million for the agency approximately two years ago and $300,000 in FY 2015; however, prior to this, the agency had received nothing for capital outlay in twenty years. In addition, the Capital Outlay Committee could approve as much or as little of the request as they want. Motion: Mr. Henke made a motion to approve the capital improvement budget request and Mr. Holder seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Roach – yes.

The capital improvement budget request was approved by majority vote. (back to top)

12. Update and Discussion of Offender Population - Laura Pitman, Ph.D., Division Manager, Field Support

Dr. Pitman provided the population update as of April 30, 2015:

Committed Offender Population
Total System Population = 27,823
DOC Facilities = 19,573
Private Prisons = 5,820
County Jails with Contracts = 574
Halfway Houses = 1,464
Out Count (jails, hospitals, etc.) = 392

Community Supervised Offender Population
Total System Population = 26,215
Probation Supervision = 22,335
Parole Supervision Offenders = 3,028
GPS = 794
EMP = 18
PPCS = 1
Community Program Failures = 39

TOTAL SYSTEM POPULATION =54,038
County Jail Backup = 325

State Facility Capacity Percentages
Assessment & Reception Centers 96%
Institutions 122%
Community Corrections Centers 99%
Community Work Centers 105%
TOTAL STATE BEDS 118%

No further comments were made. (back to top)

13. Update and Discussion of Legislative Initiatives - Marilyn Davidson, Executive Assistant

Ms. Davidson stated the 2015 Legislative Session adjourned on May 22, one week earlier than required by the Oklahoma Constitution. The ODOC had three request bills this session; two were signed by the governor and the last one should be signed in the next few days. Those bills were:

  • Senate Bill 412 addressed Oklahoma’s need to create a single list of violent crimes in statute. Prior to this bill, there were as many as five areas of statute that addressed what constitutes a violent crime making it difficult for judges, district attorneys and DOC staff. The bill was sent to the governor on May 22 and must be signed by June 9, 2015. If signed, it will become effective on November 1, 2015.
  • House Bill 1630 addresses the process of receiving offenders from county jails. It gives county jails three business days to transmit sentencing documents and gives them more flexibility on how they notify the Department of Corrections by authorizing notice through sentencing documents other than the judgment and sentence. The bill was signed by the governor on May 12, 2015, and will take effect on November 1, 2015.
  • Senate Bill 54 allows employees with the Inspector General and Probation and Parole divisions to keep their firearms when they retire. The bill was signed by the governor on April 21, 2015, and will take effect on November 1, 2015.

Ms. Davidson stated the biggest topic of discussion during the legislative session was the more than $600 million gap in the state budget. As heard earlier from Director Patton, the ODOC was granted a $14 million budget increase in a year when other agencies saw a 5% budget cut.

Ms. Davidson stated lawmakers are already filing interim study requests and she is monitoring them closely. She stated she has also started preparing for the next legislative session. There was nothing further to report and no comments were made. (back to top)

14. Committee Reports - Committee Chairs

Chair Gross asked the committee chairs for their reports.

  • Audit/Finance Committee
    Mr. Henke stated the committee had met to discuss the information provided this date. In addition, he had communicated with the State Auditor’s office staff about the agency’s audit. There was nothing further to report.
  • Female Offender Committee
    Nothing to report.
  • Public Policy/Public Affairs Committee
    Nothing to report. Mr. Haynes stated the committee would not meet again until the agency staff puts together the proposals for the next legislative session.
  • Population/Private Prisons Committee
    Nothing to report. Mr. Roach stated he had spoken earlier in the week with Dr. Pitman and they are planning another meeting in the next few weeks for the full committee.
  • Executive Committee
    Chair Gross stated the committee met on May 19, 2015, to review and approve the agenda for the meeting this date. (back to top)

15. Election of Board Officers - Kevin Gross, Chair

Chair Gross stated during the Executive Committee meeting on May 19, the committee members discussed the election of the BOC officers. Chair Gross stated as this was the director’s first year, the committee recommended electing the same officers for another year.

Motion: Mr. Haynes made a motion to have the current officers remain in office for another year and Mr. Holder seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Roach – yes.

The election was approved by majority vote. The officers are as follows: Kevin Gross, Chair; Michael Roach, Vice Chair; Frazier Henke, Secretary. (back to top)

16. New Business - Kevin Gross, Chair

Chair Gross noted that each of the BOC members had received a letter from Avalon Correctional Services prior to the meeting beginning this date. He stated he was referring it to Director Patton for follow-up. There was no other new business to discuss. (back to top)

17. Announcements - Kevin Gross, Chair

There were no announcements. (back to top)

18. Approval to Adjourn for Executive Session - David Cincotta, General Counsel

  • Discussion of Pending Investigation:   
    • Suicide of offender Ronnie Hannon #572489 (IG 15-0046)
    • Homicide of offender Shawn Moore #536629 (IG 15-0059)
    • Homicide of offender Bryan Blackburn #447668 (IG 15-0063)
  • Discussion of Pending Litigation:   
    • Glossip et al v. Gross et al, Oklahoma Western District Court, case number 2014-CV-00665

Mr. Cincotta advised the next items on the agenda would require adjournment to Executive Session for engaging in confidential communication between the BOC members and its attorney. He recommended Chair Gross entertain motions to adjourn.

Motion: Mr. Roach made a motion to approve adjourning to Executive Session and Mr. Henke seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Roach – yes.

The adjournment to Executive Session was approved by majority vote. The Board adjourned at 1:34 p.m. to Executive Session. (back to top)

19. Approval to Return from Executive Session - David Cincotta, General Counsel

The Board returned to the meeting room at 2:26 p.m. Mr. Cincotta advised the Board of the approval needed to return from Executive Session.

Motion: Mr. Henke made a motion to return from Executive Session and Mr. Haynes seconded the motion. The results of the roll call were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Roach – yes.

The return was approved by majority vote and the Board resumed the meeting at 2:27 p.m. Chair Gross advised there were not any actions to take after Executive Session. (back to top)

20. Adjournment - Kevin Gross, Chair

There being no further business to come before the Board, Chair Gross requested a motion to adjourn the meeting.

Motion: Mr. Roach made a motion to adjourn the meeting and Mr. Henke seconded the motion.

The results of the roll call were: Mr. Gross – yes; Mr. Haynes – yes; Mr. Henke – yes; Mr. Holder – yes; Mr. Roach – yes.

The adjournment was approved by majority vote and the meeting ended at 2:27 p.m.(back to top)

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