BILL ANALYSIS
By: McReynolds
Committee Report (Substituted)
BACKGROUND AND PURPOSE
High caseloads in the Texas Department of Criminal Justice Parole Division are diminishing the ability of parole officers to provide the highest quality supervision of parolees in order to protect the citizens of Texas and ensure parolees are successfully reintegrated into society.
While there is a national consensus that a caseload of 60 “regular supervision” cases is appropriate, current Texas statute does not contain recommended maximum caseload standards for parole officers, many of whom have caseloads in excess of 90. The stress of such workloads is driving away good, experienced, trained officers. When a parole officer leaves the state, the officer’s caseload is spread out among the remaining officers, compounding the problem for those who stay and increasing the overall turnover rate.
CSHB 3736 requires the Texas Department of Criminal Justice to establish maximum caseload guidelines for parole officers. The bill weights the maximum caseload guidelines for those parole officers managing active releasees who are in specialized programs.
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.
ANALYSIS
SECTION 1: (a) Adds Section 508.1142 to Subchapter D, Chapter 508, Government Code, requiring the Texas Department of Criminal Justice (TDCJ) to adopt a policy that establishes guidelines for a maximum caseload for each parole officer of:
(1) 60 active releasees, if the releasees that are not in a specialized program described by Subdivisions (2) - (6);
(2) 35 active releasees, if the releasees are in the special needs offender program;
(3) 35 active releasees, if the releasees are in the therapeutic community substance abuse aftercare treatment program;
(4) 24 active releasees, if the releasees are in the sex offender program;
(5) 20 active releasees, if the releasees are electronically monitored; and
(6) 11 active releasees, if the releasees are in the super-intensive supervision program.
(b) If TDCJ is unable to meet the maximum caseload guidelines, TDCJ shall submit a report to the Legislative Budget Board, at the end of each fiscal year in which TDCJ fails to meet the guidelines, stating the amount of money needed to meet the guidelines.
SECTION 2: Requires TDCJ to adopt the policy establishing guidelines for maximum caseloads, as required by Section 508.1142, Government Code, that is added by this Act, not later than September 1, 2007.
SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all 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, 2007.
EFFECTIVE DATE
Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.
COMPARISON OF ORIGINAL TO SUBSTITUTE
HB 3736 required the Texas Department of Criminal Justice (TDCJ) to adopt certain maximum caseload requirements for parole officers. CSHB 3736 requires TDCJ to establish guidelines for maximum caseloads. The substitute also requires that TDCJ submit a report to the Legislative Budget Board, if the maximum caseload guidelines are not met, stating the amount of money needed to meet the guidelines.