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A BILL TO BE ENTITLED
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AN ACT
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relating to the funding of community supervision and corrections |
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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. Section 509.011, Government Code, is amended by |
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amending Subsections (a), (e), and (f) and adding Subsections |
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(e-1), (f-1), and (i) 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 department has submitted a |
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strategic plan under Section 509.007 and the supporting information |
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required by the division and the division determines the plan and |
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supporting information are acceptable, the division shall prepare |
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and submit to the comptroller vouchers for payment to the |
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department as follows: |
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(1) for per capita funding, a per diem amount based on |
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the formula established under Subsection (e) for each felony |
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defendant who is [directly] supervised by the department pursuant |
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to lawful authority and: |
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(A) placed on community supervision; or |
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(B) participating in a pretrial diversion or |
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intervention program; |
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(2) for per capita funding, a per diem amount based on |
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the formula established under Subsection (e) for a period not to |
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exceed 182 days for each misdemeanor defendant who is supervised by |
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the department pursuant to lawful authority and placed on community |
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supervision [, other than a felony defendant]; and |
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(3) for formula funding, an annual amount as computed |
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by multiplying a percentage determined by the allocation formula |
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established under Subsection (f) times the total amount provided in |
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the General Appropriations Act for payments under this subdivision. |
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(e) 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 under |
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Subsections (a)(1) and (2) that each department is entitled to |
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receive. For purposes of funding distributed for a defendant |
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described by Subsection (a)(1)(A), the formula must include: |
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(1) a higher per capita funding rate for the |
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supervision of a defendant during the earliest period of the |
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defendant's community supervision term than the rate for the |
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supervision of a defendant during a later period of the defendant's |
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community supervision term; |
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(2) provisions to decrease per capita funding for each |
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defendant supervised by a department who has the defendant's |
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community supervision revoked due to a technical violation of a |
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condition of community supervision; and |
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(3) provisions to award additional per capita funding |
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based on each defendant supervised by a department who receives a |
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discharge following an early termination of community supervision |
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under Article 42A.111 or 42A.701, Code of Criminal Procedure, as |
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applicable. |
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(e-1) In establishing the per capita funding formula under |
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Subsection (e) [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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(f) The division annually shall compute for each department |
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for community corrections program formula funding a percentage |
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determined by assigning equal weights to the percentage of the |
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state's population residing in the counties served by the |
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department and the department's percentage of all felony defendants |
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in the state under direct community supervision. The division |
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shall use the most recent information available in making |
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computations under this subsection. |
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(f-1) The board by rule may adopt a policy limiting for all |
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departments the percentage of benefit or loss that may be realized |
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as a result of the operation of a [the] formula established under |
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Subsection (e) or (f). |
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(i) In this section, "technical violation" means any |
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violation of a condition of community supervision committed by a |
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defendant other than a violation that involves: |
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(1) being arrested for, charged with, or convicted of |
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an offense: |
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(A) punishable as a felony; or |
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(B) under Title 5, Penal Code, that is punishable |
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as a misdemeanor; |
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(2) the operation of a motor vehicle in a public place |
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while intoxicated, regardless of whether the defendant was arrested |
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for, charged with, or convicted of an offense based on that conduct; |
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(3) a failure to report to a supervision officer as |
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directed for 90 days or more if the supervision officer or a peace |
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officer or other officer attempted to contact the defendant in |
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person at the defendant's last known residential or employment |
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address; or |
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(4) leaving the state without permission. |
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SECTION 2. Chapter 509, Government Code, is amended by |
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adding Section 509.0111 to read as follows: |
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Sec. 509.0111. GOALS REGARDING COMMITMENT REDUCTION. (a) |
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In implementing Sections 509.011(a)(1)(B), (b), and (e), the |
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division shall seek to: |
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(1) reduce the number of persons committed to the |
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Texas Department of Criminal Justice relative to crime and arrest |
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rates; |
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(2) reduce the number of defendants supervised by |
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departments; |
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(3) increase the rate of defendants' successful |
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completion of pretrial diversion programs or community supervision |
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relative to defendants' risk level; |
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(4) reduce the revocation rate of defendants placed on |
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community supervision; and |
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(5) reduce the recidivism rate of defendants |
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participating in pretrial diversion programs or placed on community |
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supervision. |
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(b) The division annually shall submit a report to the |
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governor, lieutenant governor, speaker of the house of |
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representatives, and each member of the legislature on the |
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division's efforts under Subsection (a), including the extent to |
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which progress has been made toward meeting the goals described by |
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that subsection. |
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(c) The division shall establish standards related to the |
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use of state aid for pretrial diversion programs in accordance with |
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the goals described by Subsection (a) and may discontinue the |
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payment of state aid to a recipient under those programs on the |
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basis of a repeated failure to achieve those goals. |
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(d) This section expires September 1, 2023. |
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SECTION 3. Section 509.014(a), Government Code, is amended |
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to read as follows: |
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(a) The division shall: |
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(1) review the funding formulas specified under |
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Section 509.011 and study the feasibility of adopting additional |
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performance-based components [funding formulas], including whether |
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the formulas should take into consideration an offender's risk |
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level or other appropriate factors in allocating funding; and |
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(2) make recommendations for modifying the current |
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funding formulas. |
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SECTION 4. (a) Not later than January 1, 2020, 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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required by Section 509.011(e), Government Code, as amended by this |
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Act, that is to be used for the state fiscal year beginning |
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September 1, 2020. |
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(b) Section 509.011, Government Code, as amended by this |
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Act, applies only to a payment based on an appropriation made for |
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any state fiscal year beginning on or after September 1, 2020. |
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SECTION 5. This Act takes effect September 1, 2019. |