By Hightower H.B. No. 2629
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the adoption of a scheduled admissions policy for the
1-3 institutional division of the Texas Department of Criminal Justice.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 499.071, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 499.071. SCHEDULED ADMISSIONS POLICY <ALLOCATION
1-8 FORMULA>. <(a)> The board shall adopt and enforce a scheduled
1-9 admissions policy that permits the institutional division to accept
1-10 inmates within 45 days of processing as required by Section
1-11 499.121(c). <an allocation formula that fairly and equitably
1-12 allocates to each county the number of institutional division
1-13 admissions allocated to the county until sufficient capacity is
1-14 available in the institutional division. In devising the formula,
1-15 the board shall consider relevant factors for each county served by
1-16 a department and shall assign weights to those factors as
1-17 determined appropriate by the board. The factors shall include but
1-18 are not limited to:>
1-19 <(1) the percentage of prison admissions for the
1-20 entire state that were used by the county in the preceding 12
1-21 months;>
1-22 <(2) the percentage of the state's violent index crime
1-23 that occurred in the county in the preceding 12 months;>
2-1 <(3) the percentage of the state's total index crime
2-2 that occurred in the county in the preceding 12 months;>
2-3 <(4) the percentage of the state's total arrests under
2-4 Chapter 481, Health and Safety Code, that occurred in the county in
2-5 the preceding 12 months;>
2-6 <(5) the percentage of the state's population residing
2-7 in the county;>
2-8 <(6) the percentage of the state's total unemployment
2-9 in the county; and>
2-10 <(7) the percentage of all defendants serving
2-11 sentences for felonies who were paroled from the institutional
2-12 division, a jail in this state, a federal correctional institution,
2-13 or a jail or correctional institution in another state in the
2-14 preceding 12 months and who were released to reside in the county.>
2-15 <(b) The board shall adopt and enforce an allocation formula
2-16 that fairly and equitably allocates community corrections program
2-17 funding to each community supervision and corrections department,
2-18 in the manner provided by Section 10(a)(3), Article 42.13, Code of
2-19 Criminal Procedure. In devising the formula, the board shall use
2-20 the factors listed in Subsection (a), but may assign different
2-21 weights to those factors than those used in developing the
2-22 admissions allocation formula. The board also may use factors not
2-23 listed in Subsection (a) in devising the formula under this
2-24 subsection.>
2-25 <(c) If the board is unable to obtain for a factor listed in
3-1 Subsection (a) information for the preceding 12-month period, the
3-2 board shall consider the most recent information available for that
3-3 factor.>
3-4 <(d) The board shall revise each formula annually.>
3-5 SECTION 2. The heading of Subchapter D, Chapter 499,
3-6 Government Code, is amended to read as follows:
3-7 SUBCHAPTER D. ADMISSIONS POLICY <ALLOCATION FORMULAS>
3-8 SECTION 3. Section 499.072, Government Code, is repealed.
3-9 SECTION 4. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended,
3-14 and that this Act take effect and be in force from and after its
3-15 passage, and it is so enacted.
3-16 COMMITTEE AMENDMENT NO. 1
3-17 Amend HB 2629 by inserting a new SECTION 3 to read as follows
3-18 and renumbering the remaining sections accordingly:
3-19 SECTION 3. Section 10(a) and (e), Article 42.13, Code of
3-20 Criminal Procedure, are amended to read as follows:
3-21 (a) If the division determines that a department complies
3-22 with division standards and if the department or judges managing
3-23 the department have submitted a community justice plan under
3-24 Section 3, Article 42.131 of this code and the supporting
3-25 information required by the division and the division determines
4-1 the plan and supporting information are acceptable, the division
4-2 shall prepare and submit to the comptroller of public accounts
4-3 vouchers for payment to the department as follows:
4-4 (1) for per capita funding, a per diem amount for each
4-5 felony defendant directly supervised by the department pursuant to
4-6 lawful authority;
4-7 (2) for per capita funding, a per diem amount for a
4-8 period not to exceed 182 days for each defendant supervised by the
4-9 department pursuant to lawful authority, other than a felony
4-10 defendant; and
4-11 (3) for formula funding, an annual amount as computed
4-12 by multiplying a percentage determined by the allocation formula
4-13 established under Subsection (e) <Section 499.071(b), Government
4-14 Code>, times the total amount provided in the General
4-15 Appropriations Act for payments under this subdivision.
4-16 (e) The division annually shall compute for each department
4-17 for community corrections program formula funding a percentage
4-18 determined by assigning equal weights to the percentage of the
4-19 state's population residing in the counties served by the
4-20 department and the department's percentage of all felony defendants
4-21 in the state under direct community supervision. The division
4-22 shall use the most recent information available in making
4-23 computations under this subsection. The board by rule may adopt a
4-24 policy limiting for all departments the percentage of benefit or
4-25 loss that may be realized as a result of the operation of the
5-1 formula.
5-2 (f) In establishing per diem payments authorized by
5-3 Subsections (a)(1) and (a)(2) of this section, the division shall
5-4 consider the amounts appropriated in the General Appropriations Act
5-5 for basic supervision as sufficient to provide basic supervision in
5-6 each year of the fiscal biennium.
5-7 Culberson