Texas 2011 - 82nd Regular

Texas Senate Bill SB1055 Compare Versions

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1	1	By: Carona, West S.B. No. 1055
2	2	(Madden, White)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to reports concerning and the reporting of the use of
8	8	certain funds by community supervision and corrections departments
9	9	and to the preparation of commitment reduction plans by those
10	10	departments.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subsection (b), Section 76.003, Government Code,
13	13	is amended to read as follows:
14	14	(b) A council should consist of the following persons or
15	15	their designees:
16	16	(1) a sheriff of a county served by the department,
17	17	chosen by the sheriffs of the counties to be served by the
18	18	department;
19	19	(2) a county commissioner or a county judge from a
20	20	county served by the department, chosen by the county commissioners
21	21	and county judges of the counties served by the department;
22	22	(3) a city council member of the most populous
23	23	municipality in a county served by the department, chosen by the
24	24	members of the city councils of cities served by the department;
25	25	(4) not more than two state legislators elected from a
26	26	county served by the department, or in a county with a population of
27	27	one million or more to be served by the department, not more than
28	28	one state senator and one state representative elected from the
29	29	county, chosen by the state legislators elected from the county or
30	30	counties served by the department;
31	31	(5) the presiding judge from a judicial district
32	32	served by the department, chosen by the district judges from the
33	33	judicial districts served by the department;
34	34	(6) a judge of a statutory county court exercising
35	35	criminal jurisdiction in a county served by the department, chosen
36	36	by the judges of statutory county courts with criminal jurisdiction
37	37	in the counties served by the department;
38	38	(7) a county attorney with criminal jurisdiction from
39	39	a county served by the department, chosen by the county attorneys
40	40	with criminal jurisdiction from the counties served by the
41	41	department;
42	42	(8) a district attorney or criminal district attorney
43	43	from a judicial district served by the department, chosen by the
44	44	district attorneys or criminal district attorneys from the judicial
45	45	districts served by the department; [and]
46	46	(9) an elected member of the board of trustees of an
47	47	independent school district in a county served by the department,
48	48	chosen by the members of the boards of trustees of independent
49	49	school districts located in counties served by the department; and
50	50	(10) the department director.
51	51	SECTION 2. Chapter 492, Government Code, is amended by
52	52	adding Section 492.017 to read as follows:
53	53	Sec. 492.017. LEGISLATIVE APPROPRIATIONS REQUEST.
54	54	(a) The board shall require the department to submit each
55	55	legislative appropriations request, accompanied by the most recent
56	56	report prepared by the community justice assistance division of the
57	57	department under Section 509.004(c), to the board for approval
58	58	before the department submits the appropriations request to the
59	59	Legislative Budget Board.
60	60	(b) In deciding whether to approve a legislative
61	61	appropriations request submitted under Subsection (a), the board
62	62	shall consider the most recent report prepared by the community
63	63	justice assistance division of the department under Section
64	64	509.004(c).
65	65	SECTION 3. Chapter 493, Government Code, is amended by
66	66	adding Section 493.0081 to read as follows:
67	67	Sec. 493.0081. LEGISLATIVE APPROPRIATIONS REQUEST. The
68	68	department shall include in each legislative appropriations
69	69	request submitted to the Legislative Budget Board the information
70	70	contained in the most recent report prepared by the community
71	71	justice assistance division under Section 509.004(c).
72	72	SECTION 4. Section 509.004, Government Code, is amended by
73	73	adding Subsections (c), (d), and (e) to read as follows:
74	74	(c) The division shall prepare a report that contains a
75	75	detailed summary of the programs and services provided by
76	76	departments, as described in each community justice plan submitted
77	77	to the division under Section 509.007. The report must include:
78	78	(1) all financial information relating to the programs
79	79	and services described in each community justice plan; and
80	80	(2) information concerning the amount of state aid and
81	81	funding that is not state aid used to support each program or
82	82	service provided by a department.
83	83	(d) As soon as is practicable after the completion of the
84	84	report, the division shall submit the report prepared under
85	85	Subsection (c) to the Texas Board of Criminal Justice and the
86	86	executive director of the Texas Department of Criminal Justice.
87	87	(e) Not later than the date on which the Texas Department of
88	88	Criminal Justice is required to submit the department's legislative
89	89	appropriations request to the Legislative Budget Board, the
90	90	division shall submit the report prepared under Subsection (c) to
91	91	the Legislative Budget Board.
92	92	SECTION 5. Section 509.007, Government Code, is amended to
93	93	read as follows:
94	94	Sec. 509.007. COMMUNITY JUSTICE PLAN. (a) The division
95	95	shall require as a condition to payment of state aid to a department
96	96	or county under Section 509.011 and eligibility for payment of
97	97	costs under Section 499.124 that a community justice plan be
98	98	submitted for the department. The community justice council shall
99	99	submit the plan required by this subsection. A community justice
100	100	council may not submit a plan under this section unless the plan is
101	101	first approved by the judges described by Section 76.002 who
102	102	established the department served by the council. The council
103	103	shall submit a revised plan to the division each even-numbered
104	104	[odd-numbered] year not later than March 1 [by a date designated by
105	105	the division]. A plan may be amended at any time with the approval
106	106	of the division.
107	107	(b) A community justice plan required under this section
108	108	must include:
109	109	(1) a statement of goals and priorities and of
110	110	commitment by the community justice council, the judges described
111	111	by Section 76.002 who established the department, and the
112	112	department director to achieve a targeted level of alternative
113	113	sanctions;
114	114	(2) a description of methods for measuring the success
115	115	of programs provided by the department or provided by an entity
116	116	served by the department; [and]
117	117	(3) a proposal for the use of state jail felony
118	118	facilities and, at the discretion of the community justice council,
119	119	a regional proposal for the construction, operation, maintenance,
120	120	or management of a state jail felony facility by a county, a
121	121	community supervision and corrections department, or a private
122	122	vendor under a contract with a county or a community supervision and
123	123	corrections department;
124	124	(4) a description of the programs and services the
125	125	department provides or intends to provide, including a separate
126	126	description of any programs or services the department intends to
127	127	provide to enhance public safety, reduce recidivism, strengthen the
128	128	investigation and prosecution of criminal offenses, improve
129	129	programs and services available to victims of crime, and increase
130	130	the amount of restitution collected from persons supervised by the
131	131	department; and
132	132	(5) an outline of the department's projected
133	133	programmatic and budgetary needs, based on the programs and
134	134	services the department both provides and intends to provide.
135	135	SECTION 6. Chapter 509, Government Code, is amended by
136	136	adding Section 509.0071 to read as follows:
137	137	Sec. 509.0071. COMMITMENT REDUCTION PLAN. (a) In addition
138	138	to submitting a community justice plan to the division under
139	139	Section 509.007, a department or a regional partnership of
140	140	departments may submit a commitment reduction plan to the division
141	141	not later than the 60th day after the date on which the time for
142	142	gubernatorial action on the state budget has expired under Section
143	143	14, Article IV, Texas Constitution.
144	144	(b) A commitment reduction plan submitted under this
145	145	section may contain a request for additional state funding in the
146	146	manner described by Subsection (e). A commitment reduction plan
147	147	must contain:
148	148	(1) a target number by which the county or counties
149	149	served by the department or regional partnership of departments
150	150	will, relative to the number of individuals committed in the
151	151	preceding state fiscal year from the county or counties to the Texas
152	152	Department of Criminal Justice for offenses not listed in or
153	153	described by Section 3g, Article 42.12, Code of Criminal Procedure,
154	154	reduce that number in the fiscal year for which the commitment
155	155	reduction plan is submitted by reducing the number of:
156	156	(A) direct sentencing commitments;
157	157	(B) community supervision revocations; or
158	158	(C) direct sentencing commitments and community
159	159	supervision revocations;
160	160	(2) a calculation, based on the most recent Criminal
161	161	Justice Uniform Cost Report published by the Legislative Budget
162	162	Board, of the savings to the state that will result from the county
163	163	or counties reaching the target number described by Subdivision
164	164	(1);
165	165	(3) an explanation of the programs and services the
166	166	department or regional partnership of departments intends to
167	167	provide using any funding received under Subsection (e)(1),
168	168	including any programs or services designed to enhance public
169	169	safety, reduce recidivism, strengthen the investigation and
170	170	prosecution of criminal offenses, improve programs and services
171	171	available to victims of crime, and increase the amount of
172	172	restitution collected from persons supervised by the department or
173	173	regional partnership of departments;
174	174	(4) a pledge by the department or regional partnership
175	175	of departments to provide accurate data to the division at the time
176	176	and in the manner required by the division;
177	177	(5) a pledge to repay to the state, not later than the
178	178	30th day after the last day of the state fiscal year in which the
179	179	lump-sum award is made, a percentage of the lump sum received under
180	180	Subsection (e)(1) that is equal to the percentage by which the
181	181	county or counties fail to reach the target number described by
182	182	Subdivision (1), if the county or counties do not reach that target
183	183	number; and
184	184	(6) if the commitment reduction plan is submitted by a
185	185	regional partnership of departments, an agreement and plan for the
186	186	receipt, division, and administration of any funding received under
187	187	Subsection (e).
188	188	(c) For purposes of Subsection (b)(5), if the target number
189	189	contained in the commitment reduction plan is described by
190	190	Subsection (b)(1)(B), the county or counties fail to reach the
191	191	target number if the sum of any increase in the number of direct
192	192	sentencing commitments and any reduction in community supervision
193	193	revocations is less than the target number contained in the
194	194	commitment reduction plan.
195	195	(d) A pledge described by Subsection (b)(4) or (5) must be
196	196	signed by:
197	197	(1) the director of the department submitting the
198	198	commitment reduction plan; or
199	199	(2) if the commitment reduction plan is submitted by a
200	200	regional partnership of departments, a director of one of the
201	201	departments in the regional partnership submitting the commitment
202	202	reduction plan.
203	203	(e) After reviewing a commitment reduction plan, if the
204	204	division is satisfied that the plan is feasible and would achieve
205	205	desirable outcomes, the division may award to the department or
206	206	regional partnership of departments:
207	207	(1) a one-time lump sum in an amount equal to 35
208	208	percent of the savings to the state described by Subsection (b)(2);
209	209	and
210	210	(2) on a biennial basis, and from the 65 percent of the
211	211	savings to the state that remains after payment of the lump sum
212	212	described by Subdivision (1), the following incentive payments for
213	213	the department's or regional partnership's performance in the two
214	214	years immediately preceding the payment:
215	215	(A) 15 percent, for reducing the percentage of
216	216	persons supervised by the department or regional partnership of
217	217	departments who commit a new felony while under supervision;
218	218	(B) five percent, for increasing the percentage
219	219	of persons supervised by the department or regional partnership of
220	220	departments who are not delinquent in making any restitution
221	221	payments; and
222	222	(C) five percent, for increasing the percentage
223	223	of persons supervised by the department or regional partnership of
224	224	departments who are gainfully employed, as determined by the
225	225	division.
226	226	(f) A department or regional partnership of departments may
227	227	use funds received under Subsection (e) to provide any program or
228	228	service that a department is authorized to provide under other law,
229	229	including implementing, administering, and supporting
230	230	evidence-based community supervision strategies, electronic
231	231	monitoring, substance abuse and mental health counseling and
232	232	treatment, specialized community supervision caseloads,
233	233	intermediate sanctions, victims' services, restitution collection,
234	234	short-term incarceration in county jails, specialized courts,
235	235	pretrial services and intervention programs, and work release and
236	236	day reporting centers.
237	237	(g) Any funds received by a department or regional
238	238	partnership of departments under Subsection (e):
239	239	(1) are in addition to any per capita or formula
240	240	funding received under Section 509.011; and
241	241	(2) may not be deducted from any per capita or formula
242	242	funding received or to be received by:
243	243	(A) another department, if the commitment
244	244	reduction plan is submitted by a department; or
245	245	(B) any department, if the commitment reduction
246	246	plan is submitted by a regional partnership of departments.
247	247	(h) The division shall deduct from future state aid paid to
248	248	a department, or from any incentive payments under Subsection
249	249	(e)(2) for which a department is otherwise eligible, an amount
250	250	equal to the amount of any pledge described by Subsection (b)(5)
251	251	that remains unpaid on the 31st day after the last day of the state
252	252	fiscal year in which a lump-sum award is made under Subsection
253	253	(e)(1). If the lump-sum award was made to a regional partnership of
254	254	departments, the division shall deduct, in accordance with the
255	255	agreement and plan described by Subsection (b)(6), the amount of
256	256	the unpaid pledge from the future state aid to each department that
257	257	is part of the partnership or from any incentive payments under
258	258	Subsection (e)(2) for which the regional partnership of departments
259	259	is otherwise eligible.
260	260	SECTION 7. This Act takes effect September 1, 2011.