81R9652 KCR-D
By: West S.B. No. 1455
A BILL TO BE ENTITLED
AN ACT
relating to the operation of prison diversion progressive sanctions
programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 509.007(b), Government Code, is amended
to read as follows:
(b) A community justice plan required under this section
must include:
(1) a statement of goals and priorities and of
commitment by the community justice council, the judges described
by Section 76.002 who established the department, and the
department director to achieve a targeted level of alternative
sanctions;
(2) a description of methods for measuring the success
of programs provided by the department or provided by an entity
served by the department; [and]
(3) a proposal for the use of state jail felony
facilities and, at the discretion of the community justice council,
a regional proposal for the construction, operation, maintenance,
or management of a state jail felony facility by a county, a
community supervision and corrections department, or a private
vendor under a contract with a county or a community supervision and
corrections department; and
(4) a description of a progressive sanctions program
that complies with Sections 509.016(b) and (b-1) and ensures that
lower level sanctions and resources are used to address the needs of
a defendant before intensive treatment programs and
resource-intensive options are used.
SECTION 2. Section 509.016, Government Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) In determining which departments are proper candidates
for grants under this section, the division shall give preference
to departments that present to the division a plan that will target
medium-risk and high-risk defendants and use progressive sanction
models that contain [adhere to the components set forth in Section
469.001, Health and Safety Code. As a condition to receiving a
grant, a department must offer a plan that contains] some if not all
of the following components:
(1) an evidence-based assessment process that
includes risk and needs assessment instruments and clinical
assessments that support conditions of community supervision or
case management strategies;
(2) reduced and specialized caseloads for supervision
officers, which may include electronic monitoring or substance
abuse testing of defendants;
(3) the creation, designation, and fiscal support of
courts and associated infrastructure necessary to increase
judicial oversight and reduce revocations;
(4) increased monitoring and field contact by
supervision officers;
(5) shortened terms of community supervision, with
increased supervision during the earliest part of the term;
(6) strategies that reduce the number of technical
violations;
(7) improved coordination between courts and
departments to provide early assessment of defendant needs at the
outset of supervision;
(8) graduated sanctions and incentives, offered to a
defendant by both the departments and courts served by the
department;
(9) the use of inpatient and outpatient treatment
options, including substance abuse treatment, mental health
treatment, and cognitive and behavioral programs for defendants;
(10) the use of intermediate sanctions facilities;
(11) the use of community corrections beds;
(12) early termination strategies and capabilities;
(13) gang intervention strategies; and
(14) designation of faith-based community
coordinators who will develop faith-based resources, including a
mentoring program.
(b-1) In addition to the components described by Subsection
(b), a progressive sanction model must prioritize the use of the
following programs and facilities in a manner that ensures that
lower level sanctions and resources are used to address the needs of
a defendant before intensive treatment programs and
resource-intensive options are used:
(1) drug court programs operated under Chapter 469,
Health and Safety Code;
(2) substance abuse felony punishment facilities
operated under Section 493.009; and
(3) community corrections facilities as defined by
Section 509.001.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.