Texas 2009 - 81st Regular

Texas House Bill HB3992 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R9422 HLT-D
2	2	By: Dutton H.B. No. 3992
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the computation of certain supplemental funding for
8	8	community supervision and corrections departments.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 509, Government Code, is amended by
11	11	adding Section 509.017 to read as follows:
12	12	Sec. 509.017. SUPPLEMENTAL FUNDING FOR REVOCATION AND
13	13	RECIDIVISM REDUCTION. (a) In this section:
14	14	(1) "Baseline state fiscal year" means the state
15	15	fiscal year that began two years before the state fiscal year in
16	16	which a supplemental payment is made under this section.
17	17	(2) "Targeted state fiscal year" means the state
18	18	fiscal year immediately preceding the state fiscal year in which a
19	19	supplemental payment is made under this section.
20	20	(b) The division shall make payments to a department in the
21	21	manner provided by this section only if the division determines, in
22	22	accordance with procedures adopted by the division under Subsection
23	23	(h), that the statewide percentage of defendants whose community
24	24	supervision is revoked in the target state fiscal year is at least
25	25	three percent lower than the percentage of revocations in the state
26	26	fiscal year ending August 31, 2009.
27	27	(c) The division may make a supplemental payment under this
28	28	section to a department only if the division determines that, in
29	29	relation to the department:
30	30	(1) the percentage of defendants supervised by that
31	31	department whose community supervision is revoked has declined in
32	32	the targeted state fiscal year compared to that same percentage in
33	33	the baseline state fiscal year; and
34	34	(2) the percentage of defendants supervised by that
35	35	department who commit a felony subsequent to successfully
36	36	completing community supervision has declined in the targeted state
37	37	fiscal year compared to that same percentage in the baseline state
38	38	fiscal year.
39	39	(d) Not later than September 15 of each state fiscal year,
40	40	the division shall make a payment to a department described by
41	41	Subsection (c) in an amount that is equal to 40 percent of the cost
42	42	savings to the state during the targeted state fiscal year
43	43	resulting from the lower rates of revocations of community
44	44	supervision of, and subsequent felony offenses committed by,
45	45	defendants supervised by that department. In calculating payments
46	46	under this subsection, the division shall:
47	47	(1) consider the incarceration costs that would have
48	48	been incurred by the state if the percentage of revocations of
49	49	community supervision of, and subsequent felony offenses committed
50	50	by, defendants supervised by that department had remained at the
51	51	same level as the baseline state fiscal year; and
52	52	(2) use the average cost paid by the Texas Department
53	53	of Criminal Justice under contract with a county or a private vendor
54	54	for the incarceration of an inmate as the cost of incarcerating a
55	55	defendant whose supervision is revoked or who commits a felony
56	56	subsequent to successfully completing community supervision.
57	57	(e) Money received by a department under this section may be
58	58	used only to:
59	59	(1) reduce caseloads for supervision officers;
60	60	(2) provide services to victims of crime; and
61	61	(3) develop strategies to reduce recidivism,
62	62	including providing substance abuse treatment to defendants placed
63	63	on community supervision.
64	64	(f) The division may not reduce or offset payments made to a
65	65	department under Section 509.011 because the department receives
66	66	supplemental funding under this section.
67	67	(g) Not later than October 1 of each year, the division
68	68	shall submit a report to the governor, the lieutenant governor, the
69	69	speaker of the house of representatives, and the standing
70	70	committees of the senate and the house of representatives with
71	71	primary jurisdiction over corrections issues. The report must
72	72	include for the state fiscal year that ended on August 31 of the
73	73	year in which the report is submitted:
74	74	(1) the average number of defendants on community
75	75	supervision in each county;
76	76	(2) the number of defendants on community supervision
77	77	in each county whose community supervision is revoked;
78	78	(3) the number of defendants on community supervision
79	79	who are convicted of a felony subsequent to successfully completing
80	80	community supervision; and
81	81	(4) the average cost paid by the Texas Department of
82	82	Criminal Justice under contract with a county or a private vendor
83	83	for the incarceration of an inmate.
84	84	(h) The division shall adopt procedures to implement this
85	85	section.
86	86	SECTION 2. This Act takes effect September 1, 2009.