Texas 2019 - 86th Regular

Texas House Bill HB4044 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~86R28407~~ MAW-F
	1	+	86R6446 MAW-D
2	2		By: Dominguez H.B. No. 4044
3		-	Substitute the following for H.B. No. 4044:
4		-	By: White C.S.H.B. No. 4044
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the funding of community supervision and corrections
10	8		departments.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 509.011, Government Code, is amended by
13	11		amending Subsections (a), (e), and (f) and adding Subsections
14	12		(e-1), (f-1), and (i) to read as follows:
15	13		(a) If the division determines that a department complies
16	14		with division standards and if the department has submitted a
17	15		strategic plan under Section 509.007 and the supporting information
18	16		required by the division and the division determines the plan and
19	17		supporting information are acceptable, the division shall prepare
20	18		and submit to the comptroller vouchers for payment to the
21	19		department as follows:
22	20		(1) for per capita funding, a per diem amount based on
23	21		the formula established under Subsection (e) for each felony
24	22		defendant who is [directly] supervised by the department pursuant
25	23		to lawful authority and:
26	24		(A) placed on community supervision; or
27		-	(B) participating in a pretrial ~~diversion~~ or
	25	+	(B) participating in a pretrial service or
28	26		intervention program;
29	27		(2) for per capita funding, a per diem amount based on
30	28		the formula established under Subsection (e) for a period not to
31	29		exceed 182 days for each misdemeanor defendant who is supervised by
32	30		the department pursuant to lawful authority and placed on community
33	31		supervision [, other than a felony defendant]; and
34	32		(3) for formula funding, an annual amount as computed
35	33		by multiplying a percentage determined by the allocation formula
36	34		established under Subsection (f) times the total amount provided in
37	35		the General Appropriations Act for payments under this subdivision.
38	36		(e) The division annually shall establish a per capita
39	37		funding formula to determine the percentage of the total amount
40	38		provided in the General Appropriations Act for payments under
41	39		Subsections (a)(1) and (2) that each department is entitled to
42	40		receive. For purposes of funding distributed for a defendant
43	41		described by Subsection (a)(1)(A), the formula must include:
44	42		(1) a higher per capita funding rate for the
45	43		supervision of a defendant during the earliest period of the
46	44		defendant's community supervision term than the rate for the
47	45		supervision of a defendant during a later period of the defendant's
48	46		community supervision term;
49	47		(2) provisions to decrease per capita funding for each
50	48		defendant supervised by a department who has the defendant's
51	49		community supervision revoked due to a technical violation of a
52	50		condition of community supervision; and
53	51		(3) provisions to award additional per capita funding
54	52		based on each defendant supervised by a department who receives a
55	53		discharge following an early termination of community supervision
56	54		under Article 42A.111 or 42A.701, Code of Criminal Procedure, as
57	55		applicable.
58	56		(e-1) In establishing the per capita funding formula under
59	57		Subsection (e) [per diem payments authorized by Subsections (a)(1)
60	58		and (a)(2)], the division shall consider the amounts appropriated
61	59		in the General Appropriations Act for basic supervision as
62	60		sufficient to provide basic supervision in each year of the fiscal
63	61		biennium.
64	62		(f) The division annually shall compute for each department
65	63		for community corrections program formula funding a percentage
66	64		determined by assigning equal weights to the percentage of the
67	65		state's population residing in the counties served by the
68	66		department and the department's percentage of all felony defendants
69	67		in the state under direct community supervision. The division
70	68		shall use the most recent information available in making
71	69		computations under this subsection.
72	70		(f-1) The board by rule may adopt a policy limiting for all
73	71		departments the percentage of benefit or loss that may be realized
74	72		as a result of the operation of a [the] formula established under
75	73		Subsection (e) or (f).
76	74		(i) In this section, "technical violation" means any
77	75		violation of a condition of community supervision committed by a
78	76		defendant other than a violation that involves:
79	77		(1) being arrested for, charged with, or convicted of
80	78		an offense:
81	79		(A) punishable as a felony; or
82	80		(B) under Title 5, Penal Code, that is punishable
83	81		as a misdemeanor;
84	82		(2) the operation of a motor vehicle in a public place
85	83		while intoxicated, regardless of whether the defendant was arrested
86	84		for, charged with, or convicted of an offense based on that conduct;
87	85		(3) a failure to report to a supervision officer as
88	86		directed for 90 days or more if the supervision officer or a peace
89	87		officer or other officer attempted to contact the defendant in
90	88		person at the defendant's last known residential or employment
91	89		address; or
92	90		(4) leaving the state without permission.
93		-	SECTION 2. Chapter 509, Government Code, is amended by
94		-	adding Section 509.0111 to read as follows:
95		-	Sec. 509.0111. GOALS REGARDING COMMITMENT REDUCTION. (a)
96		-	In implementing Sections 509.011(a)(1)(B), (b), and (e), the
97		-	division shall seek to:
98		-	(1) reduce the number of persons committed to the
99		-	Texas Department of Criminal Justice relative to crime and arrest
100		-	rates;
101		-	(2) reduce the number of defendants supervised by
102		-	departments;
103		-	(3) increase the rate of defendants' successful
104		-	completion of pretrial diversion programs or community supervision
105		-	relative to defendants' risk level;
106		-	(4) reduce the revocation rate of defendants placed on
107		-	community supervision; and
108		-	(5) reduce the recidivism rate of defendants
109		-	participating in pretrial diversion programs or placed on community
110		-	supervision.
111		-	(b) The division annually shall submit a report to the
112		-	governor, lieutenant governor, speaker of the house of
113		-	representatives, and each member of the legislature on the
114		-	division's efforts under Subsection (a), including the extent to
115		-	which progress has been made toward meeting the goals described by
116		-	that subsection.
117		-	(c) The division shall establish standards related to the
118		-	use of state aid for pretrial diversion programs in accordance with
119		-	the goals described by Subsection (a) and may discontinue the
120		-	payment of state aid to a recipient under those programs on the
121		-	basis of a repeated failure to achieve those goals.
122		-	(d) This section expires September 1, 2023.
123		-	SECTION 3. Section 509.014(a), Government Code, is amended
	91	+	SECTION 2. Section 509.014(a), Government Code, is amended
124	92		to read as follows:
125	93		(a) The division shall:
126	94		(1) review the funding formulas specified under
127	95		Section 509.011 and study the feasibility of adopting additional
128	96		performance-based components [funding formulas], including whether
129	97		the formulas should take into consideration an offender's risk
130	98		level or other appropriate factors in allocating funding; and
131	99		(2) make recommendations for modifying the current
132	100		funding formulas.
133		-	SECTION 4. (a) Not later than January 1, 2020, the
	101	+	SECTION 3. (a) Not later than January 1, 2020, the
134	102		community justice assistance division of the Texas Department of
135	103		Criminal Justice shall establish the per capita funding formula
136	104		required by Section 509.011(e), Government Code, as amended by this
137	105		Act, that is to be used for the state fiscal year beginning
138	106		September 1, 2020.
139	107		(b) Section 509.011, Government Code, as amended by this
140	108		Act, applies only to a payment based on an appropriation made for
141	109		any state fiscal year beginning on or after September 1, 2020.
142		-	SECTION 5. This Act takes effect September 1, 2019.
	110	+	SECTION 4. This Act takes effect September 1, 2019.