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A BILL TO BE ENTITLED
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AN ACT
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relating to the computation of certain funding for community |
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supervision and corrections departments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 509.011, Government Code, is amended by |
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amending Subsections (a) and (e) and adding Subsections (i) and (j) |
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to read as follows: |
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(a) If the division determines that a department complies |
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with division standards and if the community justice council has |
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submitted a community justice plan under Section 76.003 and the |
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supporting information required by the division and the division |
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determines the plan and supporting information are acceptable, the |
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division shall prepare and submit to the comptroller vouchers for |
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payment to the department as follows: |
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(1) for per capita funding, an [a per diem] amount or |
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amounts determined using the per capita funding formula under |
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Subsection (i) [for each felony defendant directly supervised by
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the department pursuant to lawful authority;
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[(2) for per capita funding, a per diem amount for a
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period not to exceed 182 days for each defendant supervised by the
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department pursuant to lawful authority, other than a felony
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defendant]; and |
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(2) [(3)] for formula funding, an annual amount as |
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computed by multiplying a percentage determined by the allocation |
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formula established under Subsection (f) times the total amount |
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provided in the General Appropriations Act for payments under this |
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subdivision. |
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(e) In establishing the per capita funding formula under |
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Subsection (i) [per diem payments authorized by Subsections (a)(1)
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and (a)(2)], the division shall consider the amounts appropriated |
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in the General Appropriations Act for basic supervision as |
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sufficient to provide basic supervision in each year of the fiscal |
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biennium. |
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(i) The division annually shall establish a per capita |
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funding formula to determine the percentage of the total amount |
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provided in the General Appropriations Act for payments to |
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departments that each department is entitled to receive as per |
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capita funding under Subsection (a)(1). The formula must include: |
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(1) higher per capita rates for those defendants |
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supervised by a department who are serving the early years of a term |
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of community supervision than for those defendants who are serving |
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the end of a term of community supervision; |
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(2) penalties in per capita funding with respect to |
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each defendant supervised by a department whose community |
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supervision is revoked due to a technical violation of an |
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applicable condition of community supervision; and |
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(3) awards in per capita funding with respect to each |
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felony defendant supervised by a department who is discharged |
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following an early termination of community supervision under |
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Section 5 or Section 20, Article 42.12, Code of Criminal Procedure, |
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as applicable. |
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(j) The board by rule may adopt a policy limiting the |
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percentage of benefit or loss a department may realize as a result |
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of the operation of the per capita funding formula established |
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under Subsection (i). |
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SECTION 2. (a) Not later than January 1, 2008, the |
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community justice assistance division of the Texas Department of |
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Criminal Justice shall establish the per capita funding formula |
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described by Section 509.011(i), Government Code, as added by this |
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Act, that is to be used for the state fiscal year beginning |
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September 1, 2008. |
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(b) Sections 509.011(a) and (e), Government Code, as |
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amended by this Act, and Sections 509.011(i) and (j), Government |
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Code, as added by this Act, apply to appropriations made for any |
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state fiscal year beginning on or after September 1, 2008. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |