Bill Text: IN HB1562 | 2011 | Regular Session | Introduced
Bill Title: Parole and probation program incentives.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-20 - First reading: referred to Committee on Courts and Criminal Code [HB1562 Detail]
Download: Indiana-2011-HB1562-Introduced.html
Introduced Version
HOUSE BILL No. 1562
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 11-13.
Synopsis: Parole and probation program incentives. Provides for a
distribution of an incentive grant to the department or a local program
supervising parolees and probationers in any state fiscal year in which
the state experienced a reduction in expenditures due to a decrease in
the costs of confining supervised individuals who violated a condition
of supervision or were convicted of a new felony offense in the
immediately preceding state fiscal year. Makes an appropriation.
Effective: July 1, 2011.
VanNatter
January 20, 2011, read first time and referred to Committee on Courts and Criminal Code.
Introduced
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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HOUSE BILL No. 1562
A BILL FOR AN ACT to amend the Indiana Code concerning
corrections and to make an appropriation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 11-13-2-5; (11)IN1562.1.1. -->
SECTION 1. IC 11-13-2-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. This chapter does not
preclude a county from receiving a subsidy under IC 11-12-2 or
IC 11-13-10 for the delivery of probation services.
SOURCE: IC 11-13-10; (11)IN1562.1.2. -->
SECTION 2. IC 11-13-10 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
Chapter 10. Parole and Probation Performance Incentives
Sec. 1. This chapter is intended to reduce crimes committed by probationers and the number of probationers revoked to prison by giving the department and county probation offices a share of the savings to the state in reduced incarceration costs when the department and offices reduce both new offenses by probationers and revocations to prison. By linking funding to performance, this chapter creates a positive incentive for probation officers and parole officers to improve their supervision practices to enhance public safety and reduce costs to taxpayers.
Sec. 2. As used in this chapter, "baseline state fiscal year" refers to the state fiscal year beginning July 1, 2010, and ending June 30, 2011. However, if a supervising program is first operated at full capacity for an entire state fiscal year after June 30, 2011, the baseline state fiscal year for that supervising program is the first full state fiscal year in which the supervising program is operated at full capacity.
Sec. 3. As used in this chapter, "conditions of supervision" means conditions of probation, parole, or other form of postprison supervision.
Sec. 4. As used in this chapter, "evidence based practices" means supervision policies, procedures, programs, and practices that scientific research demonstrates reduce recidivism among individuals on probation, parole, or postrelease supervision.
Sec. 5. As used in this chapter, "supervising program" means the following:
(1) Each probation department of a court.
(2) Each county or regional community corrections program.
(3) The department.
Sec. 6. As used in this chapter, "supervised individual" means an individual placed on probation by a court or serving a period of parole or postrelease supervision from prison or jail.
Sec. 7. In the state fiscal year beginning July 1, 2012, and each subsequent state fiscal year, the budget agency shall calculate the following:
(1) The:
(A) percentage of supervised individuals who were confined by the department as a result of an order that:
(i) was issued in the immediately preceding state fiscal year; and
(ii) revoked the supervised individuals' parole or probation for a violation of the conditions of supervision;
(B) percentage of supervised individuals who were confined by the department as a result of an order that:
(i) was issued in the baseline state fiscal year; and
(ii) revoked the supervised individuals' parole or probation for a violation of the conditions of supervision; and
(C) the difference between the percentage determined under clause (A) and the percentage determined under clause (B).
(2) The:
(A) percentage of supervised individuals who were confined by the department as a result of a conviction of a felony in the immediately preceding state fiscal year;
(B) percentage of supervised individuals who were confined by the department as a result of a conviction of a felony in the baseline state fiscal year; and
(C) the difference between the percentage determined under clause (A) and the percentage determined under clause (B).
(3) The amount of any state expenditures that were avoided in the immediately preceding state fiscal year by reductions in the confinement rate determined under subdivision (1)(C).
(4) The amount of any state expenditures that were avoided in the immediately preceding state fiscal year by reductions in the confinement rate determined under subdivision (2)(C).
The calculations in this section shall be made separately for the supervised individuals under the supervision of each supervising program.
Sec. 8. (a) Beginning with the state fiscal year beginning July 1, 2012, and ending June 30, 2013, there is annually appropriated an amount to the budget agency equal to:
(1) forty-five percent (45%) of the amount calculated under section 7(3) of this chapter for the immediately preceding state fiscal year for the purpose of making distributions under subsection (b); and
(2) forty-five percent (45%) of the amount calculated under section 7(4) of this chapter for the immediately preceding state fiscal year for the purpose of making distributions under subsection (c).
(b) The budget agency shall distribute the amount appropriated under subsection (a)(1) among supervising programs that contributed to the reduction in state expenditures calculated under section 7(3) of this chapter. A supervising program is entitled to receive a distribution that is proportional to the contribution made by the supervising program to reducing state expenditures. The amount appropriated under subsection (a)(1) shall be distributed as follows:
(1) Sixty-seven percent (67%) of the amount shall be distributed among all supervising programs that contributed to a reduction in state costs in the immediately preceding state fiscal year for confinement of supervised individuals for a violation of the conditions of supervision.
(2) Up to eleven percent (11%) of the amount shall be distributed to supervising programs receiving a distribution under subdivision (1) that experienced an increase in the percentage of supervised individuals who were employed in a full-time job or employed part time for at least twenty-five (25) hours per week in the immediately preceding state fiscal year.
(3) Up to eleven percent (11%) of the amount shall be distributed to supervising programs receiving a distribution under subdivision (1) that experienced an increase in the percentage of supervised individuals who were current in their payments of victim restitution in the immediately preceding state fiscal year.
(4) Up to eleven percent (11%) of the amount shall be distributed to supervising programs receiving a distribution under subdivision (1) that experienced a decrease in the percentage of individuals who are supervised by that agency who test positive for controlled substances.
However, a distribution may not be made under this subsection to a supervising program that experienced an increase determined for the supervising program under section 7(2)(C) of this chapter.
(c) The budget agency shall distribute the amount appropriated under subsection (a)(2) among supervising programs that contributed to the reduction in state expenditures calculated under section 7(4) of this chapter. A supervising program is entitled to receive a distribution that is proportional to the contribution made by the supervising program to reducing state expenditures. The amount appropriated under subsection (a)(2) shall be distributed as follows:
(1) Sixty-seven percent (67%) of the amount shall be distributed among all supervising programs that contributed to a reduction in state costs in the immediately preceding state fiscal year for confinement of supervised individuals for a new felony conviction in the immediately preceding state fiscal year.
(2) Up to eleven percent (11%) of the amount shall be distributed to supervising programs receiving a distribution under subdivision (1) that experienced an increase in the percentage of supervised individuals who were employed in a full-time job or employed part time for at least twenty-five (25) hours per week in the immediately preceding state fiscal year.
(3) Up to eleven percent (11%) of the amount shall be distributed to supervising programs receiving a distribution under subdivision (1) that experienced an increase in the percentage of supervised individuals who were current in their payments of victim restitution in the immediately preceding state fiscal year.
(4) Up to eleven percent (11%) of the amount shall be distributed to supervising programs receiving a distribution under subdivision (1) that experienced a decrease in the percentage of individuals who are supervised by that agency who test positive for controlled substances.
Sec. 9. (a) A supervising program is not eligible for a distribution under section 8 of this chapter unless the supervising program submits information to the budget agency that demonstrates that the supervising agency qualifies for the distribution.
(b) The information provided under this section must be submitted in the form prescribed by the budget agency. The information must separate figures for probation and parole or other form of postprison supervision and include the following for the immediately preceding state fiscal year:
(1) The number of supervised individuals, by supervising program.
(2) The number and percentage of supervised individuals, by supervising program, whose supervision was revoked for violations of their conditions of supervision and ordered to serve a term of imprisonment in the department.
(3) The number and percentage of supervised individuals, by supervising program, who were convicted of a new felony offense and sentenced to a term of imprisonment in the department.
(c) Information for a state fiscal year must be submitted to the budget agency not later than October 1 immediately following the end of the state fiscal year.
(d) The division of state court administration shall provide the budget agency with any supplemental information requested by the budget agency in the form and on the schedule prescribed by the budget agency.
Sec. 10. Money received by a supervising program under this chapter may be used only for the following purposes:
(1) Implementation of evidence based practices.
(2) Increasing the availability of risk reduction programs and
Chapter 10. Parole and Probation Performance Incentives
Sec. 1. This chapter is intended to reduce crimes committed by probationers and the number of probationers revoked to prison by giving the department and county probation offices a share of the savings to the state in reduced incarceration costs when the department and offices reduce both new offenses by probationers and revocations to prison. By linking funding to performance, this chapter creates a positive incentive for probation officers and parole officers to improve their supervision practices to enhance public safety and reduce costs to taxpayers.
Sec. 2. As used in this chapter, "baseline state fiscal year" refers to the state fiscal year beginning July 1, 2010, and ending June 30, 2011. However, if a supervising program is first operated at full capacity for an entire state fiscal year after June 30, 2011, the baseline state fiscal year for that supervising program is the first full state fiscal year in which the supervising program is operated at full capacity.
Sec. 3. As used in this chapter, "conditions of supervision" means conditions of probation, parole, or other form of postprison supervision.
Sec. 4. As used in this chapter, "evidence based practices" means supervision policies, procedures, programs, and practices that scientific research demonstrates reduce recidivism among individuals on probation, parole, or postrelease supervision.
Sec. 5. As used in this chapter, "supervising program" means the following:
(1) Each probation department of a court.
(2) Each county or regional community corrections program.
(3) The department.
Sec. 6. As used in this chapter, "supervised individual" means an individual placed on probation by a court or serving a period of parole or postrelease supervision from prison or jail.
Sec. 7. In the state fiscal year beginning July 1, 2012, and each subsequent state fiscal year, the budget agency shall calculate the following:
(1) The:
(A) percentage of supervised individuals who were confined by the department as a result of an order that:
(i) was issued in the immediately preceding state fiscal year; and
(ii) revoked the supervised individuals' parole or probation for a violation of the conditions of supervision;
(B) percentage of supervised individuals who were confined by the department as a result of an order that:
(i) was issued in the baseline state fiscal year; and
(ii) revoked the supervised individuals' parole or probation for a violation of the conditions of supervision; and
(C) the difference between the percentage determined under clause (A) and the percentage determined under clause (B).
(2) The:
(A) percentage of supervised individuals who were confined by the department as a result of a conviction of a felony in the immediately preceding state fiscal year;
(B) percentage of supervised individuals who were confined by the department as a result of a conviction of a felony in the baseline state fiscal year; and
(C) the difference between the percentage determined under clause (A) and the percentage determined under clause (B).
(3) The amount of any state expenditures that were avoided in the immediately preceding state fiscal year by reductions in the confinement rate determined under subdivision (1)(C).
(4) The amount of any state expenditures that were avoided in the immediately preceding state fiscal year by reductions in the confinement rate determined under subdivision (2)(C).
The calculations in this section shall be made separately for the supervised individuals under the supervision of each supervising program.
Sec. 8. (a) Beginning with the state fiscal year beginning July 1, 2012, and ending June 30, 2013, there is annually appropriated an amount to the budget agency equal to:
(1) forty-five percent (45%) of the amount calculated under section 7(3) of this chapter for the immediately preceding state fiscal year for the purpose of making distributions under subsection (b); and
(2) forty-five percent (45%) of the amount calculated under section 7(4) of this chapter for the immediately preceding state fiscal year for the purpose of making distributions under subsection (c).
(b) The budget agency shall distribute the amount appropriated under subsection (a)(1) among supervising programs that contributed to the reduction in state expenditures calculated under section 7(3) of this chapter. A supervising program is entitled to receive a distribution that is proportional to the contribution made by the supervising program to reducing state expenditures. The amount appropriated under subsection (a)(1) shall be distributed as follows:
(1) Sixty-seven percent (67%) of the amount shall be distributed among all supervising programs that contributed to a reduction in state costs in the immediately preceding state fiscal year for confinement of supervised individuals for a violation of the conditions of supervision.
(2) Up to eleven percent (11%) of the amount shall be distributed to supervising programs receiving a distribution under subdivision (1) that experienced an increase in the percentage of supervised individuals who were employed in a full-time job or employed part time for at least twenty-five (25) hours per week in the immediately preceding state fiscal year.
(3) Up to eleven percent (11%) of the amount shall be distributed to supervising programs receiving a distribution under subdivision (1) that experienced an increase in the percentage of supervised individuals who were current in their payments of victim restitution in the immediately preceding state fiscal year.
(4) Up to eleven percent (11%) of the amount shall be distributed to supervising programs receiving a distribution under subdivision (1) that experienced a decrease in the percentage of individuals who are supervised by that agency who test positive for controlled substances.
However, a distribution may not be made under this subsection to a supervising program that experienced an increase determined for the supervising program under section 7(2)(C) of this chapter.
(c) The budget agency shall distribute the amount appropriated under subsection (a)(2) among supervising programs that contributed to the reduction in state expenditures calculated under section 7(4) of this chapter. A supervising program is entitled to receive a distribution that is proportional to the contribution made by the supervising program to reducing state expenditures. The amount appropriated under subsection (a)(2) shall be distributed as follows:
(1) Sixty-seven percent (67%) of the amount shall be distributed among all supervising programs that contributed to a reduction in state costs in the immediately preceding state fiscal year for confinement of supervised individuals for a new felony conviction in the immediately preceding state fiscal year.
(2) Up to eleven percent (11%) of the amount shall be distributed to supervising programs receiving a distribution under subdivision (1) that experienced an increase in the percentage of supervised individuals who were employed in a full-time job or employed part time for at least twenty-five (25) hours per week in the immediately preceding state fiscal year.
(3) Up to eleven percent (11%) of the amount shall be distributed to supervising programs receiving a distribution under subdivision (1) that experienced an increase in the percentage of supervised individuals who were current in their payments of victim restitution in the immediately preceding state fiscal year.
(4) Up to eleven percent (11%) of the amount shall be distributed to supervising programs receiving a distribution under subdivision (1) that experienced a decrease in the percentage of individuals who are supervised by that agency who test positive for controlled substances.
Sec. 9. (a) A supervising program is not eligible for a distribution under section 8 of this chapter unless the supervising program submits information to the budget agency that demonstrates that the supervising agency qualifies for the distribution.
(b) The information provided under this section must be submitted in the form prescribed by the budget agency. The information must separate figures for probation and parole or other form of postprison supervision and include the following for the immediately preceding state fiscal year:
(1) The number of supervised individuals, by supervising program.
(2) The number and percentage of supervised individuals, by supervising program, whose supervision was revoked for violations of their conditions of supervision and ordered to serve a term of imprisonment in the department.
(3) The number and percentage of supervised individuals, by supervising program, who were convicted of a new felony offense and sentenced to a term of imprisonment in the department.
(c) Information for a state fiscal year must be submitted to the budget agency not later than October 1 immediately following the end of the state fiscal year.
(d) The division of state court administration shall provide the budget agency with any supplemental information requested by the budget agency in the form and on the schedule prescribed by the budget agency.
Sec. 10. Money received by a supervising program under this chapter may be used only for the following purposes:
(1) Implementation of evidence based practices.
(2) Increasing the availability of risk reduction programs and
interventions, including substance abuse treatment programs,
for supervised individuals.
(3) Grants to nonprofit victim services organizations to
partner with the community corrections agencies and courts
to assist victims and increase the amount of restitution
collected from parolees and probationers.
Sec. 11. The money distributed under this chapter shall be used
to supplement, not supplant, any other state or county
appropriations for probation, parole, or other postprison
supervision services.
Sec. 12. (a) Not later than December 1, 2013, and December 1 in
each subsequent state fiscal year, the budget agency shall report on
the implementation of this chapter to the executive director of the
legislative services agency in an electronic format under IC 5-14-6,
the chief justice, and the governor. The report must include the
calculations made under section 7 of this chapter and the resulting
performance incentive funding, if any, to be distributed.
(b) The budget agency shall make its full report and an
executive summary available to the general public on its web site.
