80R9184 KCR-D
	By: Madden	H.B. No. 3200

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