BILL ANALYSIS H.B. 2629 By: Hightower 04-12-95 Committee Report (Amended) BACKGROUND In 1989, (H.B. 2335), the Legislature enacted a prison allocation formula to stabilize and make more equitable admissions to prison by county. The formula provided for a number of factors to be given weights by the Board of Criminal Justice to arrive at an admissions percentage for each county. The formula was specifically intended for use during the era of the jail backlog. In 1991, as the backlog persisted, the legislature compromised litigation with counties through the passage of H.B. 93, which included a commitment that by September 1, 1995, the state would take all paper-ready felons from county jail within 45 days of reaching paper-ready status. Substantial increases in prison capacity are expected to bring the jail backlog to zero prior to the September 1 deadline. The Institutional Division of the Department of Criminal Justice will be unable to achieve this goal with uniformity across all counties unless the agency deviates substantially from the prison allocation formula. After September 1, 1995, the formula will be obsolete as the 45-day system takes effect. PURPOSE H.B. 2629 deletes the current prison allocation formula and replaces it with a duty on the Board of Criminal Justice to adopt a scheduled admissions policy that will enable the Institutional Division to meet the 45-day goal. The bill takes immediate effect to enable the agency to bring the backlog down to zero across the state prior to September 1, 1995. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. The proposed committee amendment gives the Texas Board of Criminal Justice rulemaking authority in SECTION 3, Sec. 10(e), Article 42.13, Code of Criminal Procedure. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 499.071, Government Code, SCHEDULED ADMISSIONS POLICY, to delete language relating to a prison allocation formula and replace with language to require the board to adopt and enforce a scheduled admissions policy that permits the institutional division to accept inmates within 45 days of processing as required by Section 499.121(c). SECTION 2. Amends the heading of Subchapter D, Chapter 499, Government Code, to read as follows: SUBCHAPTER D. ADMISSIONS POLICY SECTION 3. Repeals Section 499.072, Government Code. SECTION 4. Emergency clause. Effective date: upon passage. EXPLANATION OF AMENDMENT The amendment adds a new SECTION 3, to amend Article 42.13, Sections 10(a) and (e), Code of Criminal Procedure, to provide for a funding formula based on equal weighting of the locality's percentage of state population and of felons under direct supervision to replace the prison allocation formula as a method of providing community corrections program funding. Allows the board, by rule, to adopt a policy limiting for all departments the percentage of benefit or loss that may be realized as a result of the operation of the formula. SUMMARY OF COMMITTEE ACTION H.B. 2629 was considered by the Committee on Corrections in a public hearing on April 11, 1995. The bill was left pending. H.B. 2629 was considered by the committee in a formal meeting on April 12, 1995. The committee considered one amendment to the bill which was adopted without objection. The bill was reported favorably, as amended, with the recommendation that it do pass and be printed by a record vote of 9 ayes, 0 nays, 0 pnv, and 0 absent.