S.B. No. 166
  relating to a prison diversion progressive sanctions program.
         SECTION 1.  Chapter 509, Government Code, is amended by
  adding Section 509.016 to read as follows:
  PROGRAM. (a)  The division shall provide grants to selected
  departments for the implementation of a system of progressive
  sanctions designed to reduce the revocation rate of defendants
  placed on community supervision. The division shall give priority
  in providing grants to departments that:
               (1)  serve counties in which the revocation rate for
  defendants on community supervision significantly exceeds the
  statewide average or historically has significantly exceeded the
  statewide average; or
               (2)  have demonstrated success, through the
  implementation of a system of progressive sanctions, in reducing
  the revocation rate of defendants placed on community supervision.
         (b)  In determining which departments are proper candidates
  for grants under this section, the division shall give preference
  to departments that present to the division a plan that will target
  medium-risk and high-risk defendants and use progressive sanction
  models that adhere to the components set forth in Section 469.001,
  Health and Safety Code. As a condition to receiving a grant, a
  department must offer a plan that contains some if not all of the
  following components:
               (1)  an evidence-based assessment process that
  includes risk and needs assessment instruments and clinical
  assessments that support conditions of community supervision or
  case management strategies;
               (2)  reduced and specialized caseloads for supervision
  officers, which may include electronic monitoring or substance
  abuse testing of defendants;
               (3)  the creation, designation, and fiscal support of
  courts and associated infrastructure necessary to increase
  judicial oversight and reduce revocations;
               (4)  increased monitoring and field contact by
  supervision officers;
               (5)  shortened terms of community supervision, with
  increased supervision during the earliest part of the term;
               (6)  strategies that reduce the number of technical
               (7)  improved coordination between courts and
  departments to provide early assessment of defendant needs at the
  outset of supervision;
               (8)  graduated sanctions and incentives, offered to a
  defendant by both the departments and courts served by the
               (9)  the use of inpatient and outpatient treatment
  options, including substance abuse treatment, mental health
  treatment, and cognitive and behavioral programs for defendants;
               (10)  the use of intermediate sanctions facilities;
               (11)  the use of community corrections beds;
               (12)  early termination strategies and capabilities;
               (13)  gang intervention strategies; and
               (14)  designation of faith-based community
  coordinators who will develop faith-based resources, including a
  mentoring program.
         (c)  The division shall, not later than December 1 of each
  even-numbered year, provide a report to the board.  The report must
  state the number of departments receiving grants under this
  section, identify those departments by name, and describe for each
  department receiving a grant the components of the department's
  program and the success of the department in reducing revocations.  
  The report must also contain an analysis of the scope,
  effectiveness, and cost benefit of programs funded by grants
  provided under this section and a comparison of those programs to
  similar programs in existence in various departments before March
  1, 2005. The division may include in the report any other
  information the division determines will be beneficial to the board
  or the legislature.  The board shall forward the report to the
  lieutenant governor and the speaker of the house of representatives
  not later than December 15 of each even-numbered year.
         SECTION 2.  The community justice assistance division of the
  Texas Department of Criminal Justice shall develop criteria and
  review grant proposals, as required by Section 509.016, Government
  Code, as added by this Act, as soon as possible after the effective
  date of this Act, and shall begin making grants under that section
  not later than September 30, 2007.
         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.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 166 passed the Senate on
  April 12, 2007, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
         I hereby certify that S.B. No. 166 passed the House on
  May 16, 2007, by the following vote:  Yeas 143, Nays 1, two
  present not voting.
  Chief Clerk of the House