81R9422 HLT-D
By: Dutton H.B. No. 3992
A BILL TO BE ENTITLED
AN ACT
relating to the computation of certain supplemental funding for
community supervision and corrections departments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 509, Government Code, is amended by
adding Section 509.017 to read as follows:
Sec. 509.017. SUPPLEMENTAL FUNDING FOR REVOCATION AND
RECIDIVISM REDUCTION. (a) In this section:
(1) "Baseline state fiscal year" means the state
fiscal year that began two years before the state fiscal year in
which a supplemental payment is made under this section.
(2) "Targeted state fiscal year" means the state
fiscal year immediately preceding the state fiscal year in which a
supplemental payment is made under this section.
(b) The division shall make payments to a department in the
manner provided by this section only if the division determines, in
accordance with procedures adopted by the division under Subsection
(h), that the statewide percentage of defendants whose community
supervision is revoked in the target state fiscal year is at least
three percent lower than the percentage of revocations in the state
fiscal year ending August 31, 2009.
(c) The division may make a supplemental payment under this
section to a department only if the division determines that, in
relation to the department:
(1) the percentage of defendants supervised by that
department whose community supervision is revoked has declined in
the targeted state fiscal year compared to that same percentage in
the baseline state fiscal year; and
(2) the percentage of defendants supervised by that
department who commit a felony subsequent to successfully
completing community supervision has declined in the targeted state
fiscal year compared to that same percentage in the baseline state
fiscal year.
(d) Not later than September 15 of each state fiscal year,
the division shall make a payment to a department described by
Subsection (c) in an amount that is equal to 40 percent of the cost
savings to the state during the targeted state fiscal year
resulting from the lower rates of revocations of community
supervision of, and subsequent felony offenses committed by,
defendants supervised by that department. In calculating payments
under this subsection, the division shall:
(1) consider the incarceration costs that would have
been incurred by the state if the percentage of revocations of
community supervision of, and subsequent felony offenses committed
by, defendants supervised by that department had remained at the
same level as the baseline state fiscal year; and
(2) use the average cost paid by the Texas Department
of Criminal Justice under contract with a county or a private vendor
for the incarceration of an inmate as the cost of incarcerating a
defendant whose supervision is revoked or who commits a felony
subsequent to successfully completing community supervision.
(e) Money received by a department under this section may be
used only to:
(1) reduce caseloads for supervision officers;
(2) provide services to victims of crime; and
(3) develop strategies to reduce recidivism,
including providing substance abuse treatment to defendants placed
on community supervision.
(f) The division may not reduce or offset payments made to a
department under Section 509.011 because the department receives
supplemental funding under this section.
(g) Not later than October 1 of each year, the division
shall submit a report to the governor, the lieutenant governor, the
speaker of the house of representatives, and the standing
committees of the senate and the house of representatives with
primary jurisdiction over corrections issues. The report must
include for the state fiscal year that ended on August 31 of the
year in which the report is submitted:
(1) the average number of defendants on community
supervision in each county;
(2) the number of defendants on community supervision
in each county whose community supervision is revoked;
(3) the number of defendants on community supervision
who are convicted of a felony subsequent to successfully completing
community supervision; and
(4) the average cost paid by the Texas Department of
Criminal Justice under contract with a county or a private vendor
for the incarceration of an inmate.
(h) The division shall adopt procedures to implement this
section.
SECTION 2. This Act takes effect September 1, 2009.