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AN ACT
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relating to a prison diversion progressive sanctions program. |
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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 509.016 to read as follows: |
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Sec. 509.016. PRISON DIVERSION PROGRESSIVE SANCTIONS |
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PROGRAM. (a) The division shall provide grants to selected |
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departments for the implementation of a system of progressive |
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sanctions designed to reduce the revocation rate of defendants |
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placed on community supervision. The division shall give priority |
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in providing grants to departments that: |
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(1) serve counties in which the revocation rate for |
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defendants on community supervision significantly exceeds the |
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statewide average or historically has significantly exceeded the |
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statewide average; or |
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(2) have demonstrated success, through the |
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implementation of a system of progressive sanctions, in reducing |
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the revocation rate of defendants placed on community supervision. |
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(b) In determining which departments are proper candidates |
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for grants under this section, the division shall give preference |
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to departments that present to the division a plan that will target |
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medium-risk and high-risk defendants and use progressive sanction |
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models that adhere to the components set forth in Section 469.001, |
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Health and Safety Code. As a condition to receiving a grant, a |
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department must offer a plan that contains some if not all of the |
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following components: |
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(1) an evidence-based assessment process that |
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includes risk and needs assessment instruments and clinical |
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assessments that support conditions of community supervision or |
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case management strategies; |
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(2) reduced and specialized caseloads for supervision |
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officers, which may include electronic monitoring or substance |
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abuse testing of defendants; |
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(3) the creation, designation, and fiscal support of |
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courts and associated infrastructure necessary to increase |
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judicial oversight and reduce revocations; |
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(4) increased monitoring and field contact by |
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supervision officers; |
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(5) shortened terms of community supervision, with |
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increased supervision during the earliest part of the term; |
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(6) strategies that reduce the number of technical |
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violations; |
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(7) improved coordination between courts and |
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departments to provide early assessment of defendant needs at the |
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outset of supervision; |
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(8) graduated sanctions and incentives, offered to a |
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defendant by both the departments and courts served by the |
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department; |
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(9) the use of inpatient and outpatient treatment |
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options, including substance abuse treatment, mental health |
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treatment, and cognitive and behavioral programs for defendants; |
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(10) the use of intermediate sanctions facilities; |
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(11) the use of community corrections beds; |
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(12) early termination strategies and capabilities; |
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(13) gang intervention strategies; and |
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(14) designation of faith-based community |
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coordinators who will develop faith-based resources, including a |
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mentoring program. |
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(c) The division shall, not later than December 1 of each |
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even-numbered year, provide a report to the board. The report must |
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state the number of departments receiving grants under this |
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section, identify those departments by name, and describe for each |
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department receiving a grant the components of the department's |
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program and the success of the department in reducing revocations. |
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The report must also contain an analysis of the scope, |
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effectiveness, and cost benefit of programs funded by grants |
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provided under this section and a comparison of those programs to |
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similar programs in existence in various departments before March |
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1, 2005. The division may include in the report any other |
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information the division determines will be beneficial to the board |
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or the legislature. The board shall forward the report to the |
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lieutenant governor and the speaker of the house of representatives |
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not later than December 15 of each even-numbered year. |
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SECTION 2. The community justice assistance division of the |
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Texas Department of Criminal Justice shall develop criteria and |
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review grant proposals, as required by Section 509.016, Government |
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Code, as added by this Act, as soon as possible after the effective |
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date of this Act, and shall begin making grants under that section |
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not later than September 30, 2007. |
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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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 166 passed the Senate on |
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April 12, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 166 passed the House on |
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May 16, 2007, by the following vote: Yeas 143, Nays 1, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |