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A BILL TO BE ENTITLED
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AN ACT
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relating to reports concerning and the reporting of the use of |
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certain funds by community supervision and corrections departments |
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and to the preparation of commitment reduction plans by those |
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departments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 492, Government Code, is amended by |
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adding Section 492.017 to read as follows: |
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Sec. 492.017. LEGISLATIVE APPROPRIATIONS REQUEST. (a) The |
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board shall require the department to submit each legislative |
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appropriations request, accompanied by the most recent report |
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prepared by the community justice assistance division of the |
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department under Section 509.004(c), to the board for approval |
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before the department submits the appropriations request to the |
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Legislative Budget Board. |
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(b) In deciding whether to approve a legislative |
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appropriations request submitted under Subsection (a), the board |
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shall consider the most recent report prepared by the community |
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justice assistance division of the department under Section |
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509.004(c). |
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SECTION 2. Chapter 493, Government Code, is amended by |
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adding Section 493.0081 to read as follows: |
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Sec. 493.0081. LEGISLATIVE APPROPRIATIONS REQUEST. The |
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department shall include in each legislative appropriations |
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request submitted to the Legislative Budget Board the information |
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contained in the most recent report prepared by the community |
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justice assistance division under Section 509.004(c). |
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SECTION 3. Section 509.004, Government Code, is amended by |
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adding Subsections (c), (d), and (e) to read as follows: |
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(c) The division shall prepare a report that contains a |
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detailed summary of the programs and services provided by |
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departments, as described in each community justice plan submitted |
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to the division under Section 509.007. The report must include: |
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(1) all financial information relating to the programs |
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and services described in each community justice plan; and |
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(2) information concerning the amount of state aid and |
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funding that is not state aid used to support each program or |
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service provided by a department. |
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(d) As soon as is practicable after the completion of the |
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report, the division shall submit the report prepared under |
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Subsection (c) to the Texas Board of Criminal Justice and the |
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executive director of the Texas Department of Criminal Justice. |
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(e) Not later than the date on which the Texas Department of |
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Criminal Justice is required to submit the department's legislative |
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appropriations request to the Legislative Budget Board, the |
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division shall submit the report prepared under Subsection (c) to |
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the Legislative Budget Board. |
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SECTION 4. Section 509.007, Government Code, is amended to |
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read as follows: |
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Sec. 509.007. COMMUNITY JUSTICE PLAN. (a) The division |
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shall require as a condition to payment of state aid to a department |
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or county under Section 509.011 and eligibility for payment of |
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costs under Section 499.124 that a community justice plan be |
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submitted for the department. The community justice council shall |
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submit the plan required by this subsection. A community justice |
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council may not submit a plan under this section unless the plan is |
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first approved by the judges described by Section 76.002 who |
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established the department served by the council. The council |
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shall submit a revised plan to the division each even-numbered |
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[odd-numbered] year not later than March 1 [by a date designated by
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the division]. A plan may be amended at any time with the approval |
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of the division. |
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(b) A community justice plan required under this section |
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must include: |
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(1) a statement of goals and priorities and of |
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commitment by the community justice council, the judges described |
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by Section 76.002 who established the department, and the |
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department director to achieve a targeted level of alternative |
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sanctions; |
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(2) a description of methods for measuring the success |
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of programs provided by the department or provided by an entity |
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served by the department; [and] |
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(3) a proposal for the use of state jail felony |
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facilities and, at the discretion of the community justice council, |
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a regional proposal for the construction, operation, maintenance, |
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or management of a state jail felony facility by a county, a |
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community supervision and corrections department, or a private |
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vendor under a contract with a county or a community supervision and |
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corrections department; |
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(4) a description of the programs and services the |
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department provides or intends to provide, including a separate |
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description of any programs or services the department intends to |
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provide to enhance public safety, reduce recidivism, strengthen the |
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investigation and prosecution of criminal offenses, improve |
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programs and services available to victims of crime, and increase |
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the amount of restitution collected from persons supervised by the |
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department; and |
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(5) an outline of the department's projected |
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programmatic and budgetary needs, based on the programs and |
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services the department both provides and intends to provide. |
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SECTION 5. Chapter 509, Government Code, is amended by |
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adding Section 509.0071 to read as follows: |
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Sec. 509.0071. COMMITMENT REDUCTION PLAN. (a) In addition |
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to submitting a community justice plan to the division under |
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Section 509.007, a department may submit a commitment reduction |
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plan to the division not later than the 60th day after the date on |
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which the time for gubernatorial action on the state budget has |
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expired under Section 14, Article IV, Texas Constitution. |
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(b) A commitment reduction plan submitted under this |
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section may contain a request for additional state funding in the |
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manner described by Subsection (c). A commitment reduction plan |
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must contain: |
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(1) a target number by which the county or counties |
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served by the department will, relative to the number of |
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individuals committed to the Texas Department of Criminal Justice |
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from the county or counties in the preceding state fiscal year, |
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reduce the number of individuals committed to the Texas Department |
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of Criminal Justice from the county or counties during the state |
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fiscal biennium for which the commitment reduction plan is |
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submitted; |
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(2) a calculation, based on the most recent Criminal |
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Justice Uniform Cost Report published by the Legislative Budget |
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Board, of the savings to the state that will result from the county |
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or counties reaching the target number described by Subdivision |
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(1); |
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(3) an explanation of the programs and services the |
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department intends to provide using any funding received by the |
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department under Subsection (c)(1), including any programs or |
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services designed to enhance public safety, reduce recidivism, |
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strengthen the investigation and prosecution of criminal offenses, |
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improve programs and services available to victims of crime, and |
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increase the amount of restitution collected from persons |
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supervised by the department; |
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(4) a pledge by the department to provide accurate |
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data to the division at the time and in the manner required by the |
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division; and |
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(5) a pledge to repay the state a percentage of the |
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lump sum received under Subsection (c)(1) that is equal to the |
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percentage by which the department fails to reach the target number |
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described by Subdivision (1), if the department does not reach that |
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target number. |
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(c) After reviewing a commitment reduction plan submitted |
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by a department, if the division is satisfied that the commitment |
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reduction plan is feasible and would achieve desirable outcomes, |
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the division may award to the department: |
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(1) a one-time lump sum in an amount equal to 35 |
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percent of the savings to the state described by Subsection (b)(2); |
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and |
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(2) on a biannual basis, and from the 65 percent of the |
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savings to the state that remains after payment of the lump sum |
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described by Subdivision (1), the following incentive payments for |
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the department's performance in the six months immediately |
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preceding the payment: |
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(A) 15 percent, for reducing the percentage of |
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persons supervised by the department who commit a new felony while |
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under the supervision of the department; |
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(B) five percent, for increasing the percentage |
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of persons supervised by the department who are not delinquent in |
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making any restitution payments; and |
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(C) five percent, for increasing the percentage |
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of persons supervised by the department who are gainfully employed, |
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as determined by the division. |
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(d) A department may use funds received under Subsection (c) |
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to provide any program or service that the department is authorized |
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to provide under other law, including implementing, administering, |
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and supporting evidence-based community supervision strategies, |
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electronic monitoring, substance abuse and mental health |
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counseling and treatment, specialized community supervision |
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caseloads, intermediate sanctions, victims' services, restitution |
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collection, short-term incarceration in county jails, specialized |
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courts, pretrial services and intervention programs, and work |
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release and day reporting centers. |
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(e) Any funds received by a department under Subsection (c) |
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are in addition to any per capita or formula funding received by the |
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department under Section 509.011. |
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SECTION 6. This Act takes effect September 1, 2011. |