Bill Text: MS HB1227 | 2012 | Regular Session | Introduced
Bill Title: Community Corrections Performance Incentive Act; create.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2012-03-06 - Died In Committee [HB1227 Detail]
Download: Mississippi-2012-HB1227-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Corrections; Appropriations
By: Representative Flaggs
House Bill 1227
AN ACT TO CREATE THE "COMMUNITY CORRECTIONS PERFORMANCE INCENTIVE ACT"; TO PROVIDE CERTAIN DEFINITIONS; TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS SHALL RECEIVE A CERTAIN SHARE OF SAVINGS TO THE STATE IN REDUCED INCARCERATION COSTS WHENEVER THE DEPARTMENT REDUCES NEW OFFENSES BY PROBATIONS AND REVOCATIONS TO PRISON; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Community Corrections Performance Incentive Act."
SECTION 2. The provisions of this act are intended to reduce crimes committed by probationers and the number of probationers revoked to prison by giving probation departments a share of the savings to the state in reduced incarceration costs when they reduce both new offenses by probationers and revocations to prison. By linking funding to performance, this legislation creates a positive incentive for probation departments to improve their supervision practices to enhance public safety and reduce costs to taxpayers.
SECTION 3. For purposes of this act, the following words and terms shall have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a) "Evidence-based practices" means supervision policies, procedures, programs and practices that scientific research demonstrates reduce recidivism among people on probation, parole, or post-release supervision.
(b) "Supervised individual" means an individual placed on probation by a court or serving a period of parole or post-release supervision from prison or jail.
(c) "Conditions of supervision" means conditions of probation, parole or other form of post-prison supervision. SECTION 4. The Office of the Attorney General shall annually calculate:
(a) The percentage of supervised individuals who are revoked for violations of their conditions of supervision and ordered to serve a term of imprisonment in the Department of Corrections. This calculation shall be based on the fiscal year prior to the fiscal year in which the report is required pursuant to Section 6 of this title. The baseline revocation rate shall be the revocation rate in fiscal year 2010.
(b) The percentage of supervised individuals who are convicted of a new felony offense and sentenced to a term of imprisonment in the Department of Corrections. This calculation shall be based on the fiscal year prior to the fiscal year in which the report is required pursuant to Section 6 of this act. The baseline new offense conviction rate shall be the conviction rate in fiscal year 2011.
(c) Any state expenditures that have been avoided by reductions in the revocation rate as calculated in paragraph (a) of this section.
(d) Any state expenditures that have been avoided by reductions in the new felony offense conviction rate as calculated in paragraph (b) of this section.
(e) The calculations in paragraph (a) of this section shall be made separately for supervised individuals under the supervision of probation agencies and under the supervision of parole or other post-prison supervision agencies, and shall be made separately by individual state and local agency.
SECTION 5. (1) Beginning in fiscal year 2014, the Legislature shall annually appropriate up to forty-five percent (45%) of any state expenditures that are avoided as calculated in Section 4 of this act. Such averted expenditures shall be appropriated to the Department of Corrections for those savings.
(2) The appropriations in subsection (1) of this section are subject to the following provisions:
(a) None of the calculated savings shall be appropriated annually to the state if there is an increase in the percentage of individuals supervised by the Department of Corrections who are convicted of a new felony offense as calculated in Section 4 paragraph (b) of this act.
(b) Of the state expenditures that have been avoided by a reduction in the revocation rate, as calculated in Section 4 paragraph (a) of this act: (i) Thirty percent (30%) of the total savings shall be appropriated to the state; (ii) An additional five percent (5%) of the total savings shall be appropriated to the state if there is an increase in the percentage of people who are supervised by the Department of Corrections and who are employed in a full-time job or employed part time for at least twenty-five (25) hours per week, provided that the Department of Corrections has submitted data to the Office of the Attorney General showing such increases, and the Attorney General includes this information in the report required pursuant to Section 7 of this act; (iii) An additional five percent (5%) of the total savings shall be appropriated to the state if there is an increase in the percentage of people who are supervised by the Department of Corrections who are current in their payments of victim restitution, provided that the department has submitted data to the Office of the Attorney General showing such increases and the Attorney General includes this information in the report required pursuant to Section 7 of this act; (iv) An additional five percent (5%)of the total savings shall be appropriated to the state if there is a decrease in the percentage of people who are supervised by the Department of Corrections and who test positive for controlled substances, provided that the department has submitted data to the Attorney General showing such decreases and the Attorney General includes this information in the report required pursuant to Section 7 of this act.
(c) Of the state expenditures that have been avoided by a reduction in the new felony offense conviction rate as calculated in Section 4 paragraph (b) of this section: (i) Thirty percent (30%) of the total savings shall be appropriated to the state; (ii) An additional five percent(5%)of the total savings shall be appropriated to the state if there is an increase in the percentage of people who are supervised by the Department of Corrections and who are employed in a full-time job or employed part time for at least twenty-five (25) hours per week, provided that the department has submitted data to the Office of the Attorney General showing such increases, and the Attorney General includes this information in the report required pursuant to Section 7 of this act; (iii) An additional five per cent (5%) of the total savings shall be appropriated to the state if there is an increase in the percentage of people who are supervised by the Department of Corrections who are current in their payments of victim restitution, provided that the department has submitted data to the Attorney General showing such increases and the Attorney General includes this information in the report required pursuant to Section 7 of this act; (iv) An additional five percent (5%) of the total savings shall be appropriated to the state if there is a decrease in the percentage of people who are supervised by the Department of Corrections and who test positive for controlled substances.
(d) The monies appropriated pursuant to this act shall be used to supplement, not supplant, any other state or county appropriations for probation, parole or other post-prison supervision services.
SECTION 5. Monies received through appropriations pursuant to this act shall be used for the following purposes:
(a) Implementation of evidence-based practices;
(b) Increasing the availability of risk reduction programs and interventions, including substance abuse treatment programs, for supervised individuals;
(c) 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 probationers.
SECTION 6. (1) On or before October 1 of each year, beginning in 2014, the Department of Corrections shall jointly report to the Office of the Attorney General the data necessary for the Attorney General to perform the calculations required by Section 4 of this act. The report shall provide separate figures for probation and parole or other form of post-prison supervision and include for the prior fiscal year:
(a) The number of
supervised individuals, by agency; (b) The number and percentage
of supervised individuals, by agency, who were revoked for violations of their
conditions of supervision and ordered to serve a term of imprisonment in the
Department of Corrections; and
(c) The number and percentage of supervised individuals, by agency,
who were convicted of a new felony offense and sentenced to a term of
imprisonment in the Department of Corrections.
(2) On or before December 1 of each year, beginning in 2014, the Office of the Attorney General shall report each year on the implementation of this act to the Lieutenant Governor of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Mississippi Supreme Court, and the Governor. The report shall include the calculations made pursuant to Section 4 of this act and the resulting performance incentive funding, if any, to be appropriated.
(3) The Office of the Attorney General shall make its full report and an executive summary available to the general public on its website.
SECTION 7. Nothing in this act supersedes or otherwise affects the provisions of Chapter 5, Title 47. In the event any provision of in this act conflicts with any provision of Chapter 5, Title 47, the latter title and chapter are hereby deemed and shall be controlling over the provisions of this act.
SECTION 8. This act shall take effect and be in force from and after July 1, 2012.
