Bill Text: TX HB4044 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the funding of community supervision and corrections departments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-05-06 - Committee report sent to Calendars [HB4044 Detail]
Download: Texas-2019-HB4044-Introduced.html
Bill Title: Relating to the funding of community supervision and corrections departments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-05-06 - Committee report sent to Calendars [HB4044 Detail]
Download: Texas-2019-HB4044-Introduced.html
86R6446 MAW-D | ||
By: Dominguez | H.B. No. 4044 |
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relating to the funding of 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), (e), and (f) and adding Subsections | ||
(e-1), (f-1), and (i) to read as follows: | ||
(a) If the division determines that a department complies | ||
with division standards and if the department has submitted a | ||
strategic plan under Section 509.007 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, a per diem amount based on | ||
the formula established under Subsection (e) for each felony | ||
defendant who is [ |
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to lawful authority and: | ||
(A) placed on community supervision; or | ||
(B) participating in a pretrial service or | ||
intervention program; | ||
(2) for per capita funding, a per diem amount based on | ||
the formula established under Subsection (e) for a period not to | ||
exceed 182 days for each misdemeanor defendant who is supervised by | ||
the department pursuant to lawful authority and placed on community | ||
supervision [ |
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(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) 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 under | ||
Subsections (a)(1) and (2) that each department is entitled to | ||
receive. For purposes of funding distributed for a defendant | ||
described by Subsection (a)(1)(A), the formula must include: | ||
(1) a higher per capita funding rate for the | ||
supervision of a defendant during the earliest period of the | ||
defendant's community supervision term than the rate for the | ||
supervision of a defendant during a later period of the defendant's | ||
community supervision term; | ||
(2) provisions to decrease per capita funding for each | ||
defendant supervised by a department who has the defendant's | ||
community supervision revoked due to a technical violation of a | ||
condition of community supervision; and | ||
(3) provisions to award additional per capita funding | ||
based on each defendant supervised by a department who receives a | ||
discharge following an early termination of community supervision | ||
under Article 42A.111 or 42A.701, Code of Criminal Procedure, as | ||
applicable. | ||
(e-1) In establishing the per capita funding formula under | ||
Subsection (e) [ |
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in the General Appropriations Act for basic supervision as | ||
sufficient to provide basic supervision in each year of the fiscal | ||
biennium. | ||
(f) The division annually shall compute for each department | ||
for community corrections program formula funding a percentage | ||
determined by assigning equal weights to the percentage of the | ||
state's population residing in the counties served by the | ||
department and the department's percentage of all felony defendants | ||
in the state under direct community supervision. The division | ||
shall use the most recent information available in making | ||
computations under this subsection. | ||
(f-1) The board by rule may adopt a policy limiting for all | ||
departments the percentage of benefit or loss that may be realized | ||
as a result of the operation of a [ |
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Subsection (e) or (f). | ||
(i) In this section, "technical violation" means any | ||
violation of a condition of community supervision committed by a | ||
defendant other than a violation that involves: | ||
(1) being arrested for, charged with, or convicted of | ||
an offense: | ||
(A) punishable as a felony; or | ||
(B) under Title 5, Penal Code, that is punishable | ||
as a misdemeanor; | ||
(2) the operation of a motor vehicle in a public place | ||
while intoxicated, regardless of whether the defendant was arrested | ||
for, charged with, or convicted of an offense based on that conduct; | ||
(3) a failure to report to a supervision officer as | ||
directed for 90 days or more if the supervision officer or a peace | ||
officer or other officer attempted to contact the defendant in | ||
person at the defendant's last known residential or employment | ||
address; or | ||
(4) leaving the state without permission. | ||
SECTION 2. Section 509.014(a), Government Code, is amended | ||
to read as follows: | ||
(a) The division shall: | ||
(1) review the funding formulas specified under | ||
Section 509.011 and study the feasibility of adopting additional | ||
performance-based components [ |
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the formulas should take into consideration an offender's risk | ||
level or other appropriate factors in allocating funding; and | ||
(2) make recommendations for modifying the current | ||
funding formulas. | ||
SECTION 3. (a) Not later than January 1, 2020, the | ||
community justice assistance division of the Texas Department of | ||
Criminal Justice shall establish the per capita funding formula | ||
required by Section 509.011(e), Government Code, as amended by this | ||
Act, that is to be used for the state fiscal year beginning | ||
September 1, 2020. | ||
(b) Section 509.011, Government Code, as amended by this | ||
Act, applies only to a payment based on an appropriation made for | ||
any state fiscal year beginning on or after September 1, 2020. | ||
SECTION 4. This Act takes effect September 1, 2019. |