Texas 2009 - 81st Regular

Texas Senate Bill SB1455 Compare Versions

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

Old	New	Differences
1	1	81R9652 KCR-D
2	2	By: West S.B. No. 1455
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the operation of prison diversion progressive sanctions
8	8	programs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 509.007(b), Government Code, is amended
11	11	to read as follows:
12	12	(b) A community justice plan required under this section
13	13	must include:
14	14	(1) a statement of goals and priorities and of
15	15	commitment by the community justice council, the judges described
16	16	by Section 76.002 who established the department, and the
17	17	department director to achieve a targeted level of alternative
18	18	sanctions;
19	19	(2) a description of methods for measuring the success
20	20	of programs provided by the department or provided by an entity
21	21	served by the department; [and]
22	22	(3) a proposal for the use of state jail felony
23	23	facilities and, at the discretion of the community justice council,
24	24	a regional proposal for the construction, operation, maintenance,
25	25	or management of a state jail felony facility by a county, a
26	26	community supervision and corrections department, or a private
27	27	vendor under a contract with a county or a community supervision and
28	28	corrections department; and
29	29	(4) a description of a progressive sanctions program
30	30	that complies with Sections 509.016(b) and (b-1) and ensures that
31	31	lower level sanctions and resources are used to address the needs of
32	32	a defendant before intensive treatment programs and
33	33	resource-intensive options are used.
34	34	SECTION 2. Section 509.016, Government Code, is amended by
35	35	amending Subsection (b) and adding Subsection (b-1) to read as
36	36	follows:
37	37	(b) In determining which departments are proper candidates
38	38	for grants under this section, the division shall give preference
39	39	to departments that present to the division a plan that will target
40	40	medium-risk and high-risk defendants and use progressive sanction
41	41	models that contain [adhere to the components set forth in Section
42	42	469.001, Health and Safety Code. As a condition to receiving a
43	43	grant, a department must offer a plan that contains] some if not all
44	44	of the following components:
45	45	(1) an evidence-based assessment process that
46	46	includes risk and needs assessment instruments and clinical
47	47	assessments that support conditions of community supervision or
48	48	case management strategies;
49	49	(2) reduced and specialized caseloads for supervision
50	50	officers, which may include electronic monitoring or substance
51	51	abuse testing of defendants;
52	52	(3) the creation, designation, and fiscal support of
53	53	courts and associated infrastructure necessary to increase
54	54	judicial oversight and reduce revocations;
55	55	(4) increased monitoring and field contact by
56	56	supervision officers;
57	57	(5) shortened terms of community supervision, with
58	58	increased supervision during the earliest part of the term;
59	59	(6) strategies that reduce the number of technical
60	60	violations;
61	61	(7) improved coordination between courts and
62	62	departments to provide early assessment of defendant needs at the
63	63	outset of supervision;
64	64	(8) graduated sanctions and incentives, offered to a
65	65	defendant by both the departments and courts served by the
66	66	department;
67	67	(9) the use of inpatient and outpatient treatment
68	68	options, including substance abuse treatment, mental health
69	69	treatment, and cognitive and behavioral programs for defendants;
70	70	(10) the use of intermediate sanctions facilities;
71	71	(11) the use of community corrections beds;
72	72	(12) early termination strategies and capabilities;
73	73	(13) gang intervention strategies; and
74	74	(14) designation of faith-based community
75	75	coordinators who will develop faith-based resources, including a
76	76	mentoring program.
77	77	(b-1) In addition to the components described by Subsection
78	78	(b), a progressive sanction model must prioritize the use of the
79	79	following programs and facilities in a manner that ensures that
80	80	lower level sanctions and resources are used to address the needs of
81	81	a defendant before intensive treatment programs and
82	82	resource-intensive options are used:
83	83	(1) drug court programs operated under Chapter 469,
84	84	Health and Safety Code;
85	85	(2) substance abuse felony punishment facilities
86	86	operated under Section 493.009; and
87	87	(3) community corrections facilities as defined by
88	88	Section 509.001.
89	89	SECTION 3. This Act takes effect immediately if it receives
90	90	a vote of two-thirds of all the members elected to each house, as
91	91	provided by Section 39, Article III, Texas Constitution. If this
92	92	Act does not receive the vote necessary for immediate effect, this
93	93	Act takes effect September 1, 2009.