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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 supplemental funding for |
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community 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. Chapter 509, Government Code, is amended by |
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adding Section 509.017 to read as follows: |
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Sec. 509.017. SUPPLEMENTAL FUNDING FOR REVOCATION AND |
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RECIDIVISM REDUCTION. (a) In this section: |
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(1) "Baseline state fiscal year" means the state |
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fiscal year that began two years before the state fiscal year in |
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which a supplemental payment is made under this section. |
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(2) "Targeted state fiscal year" means the state |
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fiscal year immediately preceding the state fiscal year in which a |
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supplemental payment is made under this section. |
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(b) The division shall make payments to a department in the |
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manner provided by this section only if the division determines, in |
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accordance with procedures adopted by the division under Subsection |
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(h), that the statewide percentage of defendants whose community |
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supervision is revoked in the target state fiscal year is at least |
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three percent lower than the percentage of revocations in the state |
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fiscal year ending August 31, 2009. |
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(c) The division may make a supplemental payment under this |
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section to a department only if the division determines that, in |
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relation to the department: |
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(1) the percentage of defendants supervised by that |
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department whose community supervision is revoked has declined in |
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the targeted state fiscal year compared to that same percentage in |
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the baseline state fiscal year; and |
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(2) the percentage of defendants supervised by that |
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department who commit a felony subsequent to successfully |
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completing community supervision has declined in the targeted state |
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fiscal year compared to that same percentage in the baseline state |
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fiscal year. |
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(d) Not later than September 15 of each state fiscal year, |
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the division shall make a payment to a department described by |
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Subsection (c) in an amount that is equal to 40 percent of the cost |
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savings to the state during the targeted state fiscal year |
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resulting from the lower rates of revocations of community |
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supervision of, and subsequent felony offenses committed by, |
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defendants supervised by that department. In calculating payments |
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under this subsection, the division shall: |
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(1) consider the incarceration costs that would have |
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been incurred by the state if the percentage of revocations of |
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community supervision of, and subsequent felony offenses committed |
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by, defendants supervised by that department had remained at the |
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same level as the baseline state fiscal year; and |
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(2) use the average cost paid by the Texas Department |
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of Criminal Justice under contract with a county or a private vendor |
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for the incarceration of an inmate as the cost of incarcerating a |
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defendant whose supervision is revoked or who commits a felony |
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subsequent to successfully completing community supervision. |
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(e) Money received by a department under this section may be |
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used only to: |
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(1) reduce caseloads for supervision officers; |
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(2) provide services to victims of crime; and |
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(3) develop strategies to reduce recidivism, |
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including providing substance abuse treatment to defendants placed |
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on community supervision. |
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(f) The division may not reduce or offset payments made to a |
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department under Section 509.011 because the department receives |
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supplemental funding under this section. |
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(g) Not later than October 1 of each year, the division |
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shall submit a report to the governor, the lieutenant governor, the |
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speaker of the house of representatives, and the standing |
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committees of the senate and the house of representatives with |
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primary jurisdiction over corrections issues. The report must |
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include for the state fiscal year that ended on August 31 of the |
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year in which the report is submitted: |
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(1) the average number of defendants on community |
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supervision in each county; |
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(2) the number of defendants on community supervision |
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in each county whose community supervision is revoked; |
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(3) the number of defendants on community supervision |
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who are convicted of a felony subsequent to successfully completing |
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community supervision; and |
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(4) the average cost paid by the Texas Department of |
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Criminal Justice under contract with a county or a private vendor |
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for the incarceration of an inmate. |
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(h) The division shall adopt procedures to implement this |
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section. |
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SECTION 2. This Act takes effect September 1, 2009. |