By: Carona	S.B. No. 1055
	(In the Senate - Filed March 2, 2011; March 16, 2011, read
	first time and referred to Committee on Criminal Justice;
	April 11, 2011, reported adversely, with favorable Committee
	Substitute by the following vote:  Yeas 7, Nays 0; April 11, 2011,
	sent to printer.)
	COMMITTEE SUBSTITUTE FOR S.B. No. 1055	By:  Huffman

	A BILL TO BE ENTITLED
	AN ACT
	relating to reports concerning and the reporting of the use of
	certain funds by community supervision and corrections departments
	and to the preparation of commitment reduction plans by those
	departments.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subsection (b), Section 76.003, Government Code,
	is amended to read as follows:
	(b)  A council should consist of the following persons or
	their designees:
	(1)  a sheriff of a county served by the department,
	chosen by the sheriffs of the counties to be served by the
	department;
	(2)  a county commissioner or a county judge from a
	county served by the department, chosen by the county commissioners
	and county judges of the counties served by the department;
	(3)  a city council member of the most populous
	municipality in a county served by the department, chosen by the
	members of the city councils of cities served by the department;
	(4)  not more than two state legislators elected from a
	county served by the department, or in a county with a population of
	one million or more to be served by the department, not more than
	one state senator and one state representative elected from the
	county, chosen by the state legislators elected from the county or
	counties served by the department;
	(5)  the presiding judge from a judicial district
	served by the department, chosen by the district judges from the
	judicial districts served by the department;
	(6)  a judge of a statutory county court exercising
	criminal jurisdiction in a county served by the department, chosen
	by the judges of statutory county courts with criminal jurisdiction
	in the counties served by the department;
	(7)  a county attorney with criminal jurisdiction from
	a county served by the department, chosen by the county attorneys
	with criminal jurisdiction from the counties served by the
	department;
	(8)  a district attorney or criminal district attorney
	from a judicial district served by the department, chosen by the
	district attorneys or criminal district attorneys from the judicial
	districts served by the department; [and]
	(9)  an elected member of the board of trustees of an
	independent school district in a county served by the department,
	chosen by the members of the boards of trustees of independent
	school districts located in counties served by the department; and
	(10)  the department director.
	SECTION 2.  Chapter 492, Government Code, is amended by
	adding Section 492.017 to read as follows:
	Sec. 492.017.  LEGISLATIVE APPROPRIATIONS REQUEST.
	(a)  The board shall require the department to submit each
	legislative appropriations request, accompanied by the most recent
	report prepared by the community justice assistance division of the
	department under Section 509.004(c), to the board for approval
	before the department submits the appropriations request to the
	Legislative Budget Board.
	(b)  In deciding whether to approve a legislative
	appropriations request submitted under Subsection (a), the board
	shall consider the most recent report prepared by the community
	justice assistance division of the department under Section
	509.004(c).
	SECTION 3.  Chapter 493, Government Code, is amended by
	adding Section 493.0081 to read as follows:
	Sec. 493.0081.  LEGISLATIVE APPROPRIATIONS REQUEST. The
	department shall include in each legislative appropriations
	request submitted to the Legislative Budget Board the information
	contained in the most recent report prepared by the community
	justice assistance division under Section 509.004(c).
	SECTION 4.  Section 509.004, Government Code, is amended by
	adding Subsections (c), (d), and (e) to read as follows:
	(c)  The division shall prepare a report that contains a
	detailed summary of the programs and services provided by
	departments, as described in each community justice plan submitted
	to the division under Section 509.007. The report must include:
	(1)  all financial information relating to the programs
	and services described in each community justice plan; and
	(2)  information concerning the amount of state aid and
	funding that is not state aid used to support each program or
	service provided by a department.
	(d)  As soon as is practicable after the completion of the
	report, the division shall submit the report prepared under
	Subsection (c) to the Texas Board of Criminal Justice and the
	executive director of the Texas Department of Criminal Justice.
	(e)  Not later than the date on which the Texas Department of
	Criminal Justice is required to submit the department's legislative
	appropriations request to the Legislative Budget Board, the
	division shall submit the report prepared under Subsection (c) to
	the Legislative Budget Board.
	SECTION 5.  Section 509.007, Government Code, is amended to
	read as follows:
	Sec. 509.007.  COMMUNITY JUSTICE PLAN. (a)  The division
	shall require as a condition to payment of state aid to a department
	or county under Section 509.011 and eligibility for payment of
	costs under Section 499.124 that a community justice plan be
	submitted for the department.  The community justice council shall
	submit the plan required by this subsection.  A community justice
	council may not submit a plan under this section unless the plan is
	first approved by the judges described by Section 76.002 who
	established the department served by the council.  The council
	shall submit a revised plan to the division each even-numbered
	[odd-numbered] year not later than March 1 [by a date designated by
	the division].  A plan may be amended at any time with the approval
	of the division.
	(b)  A community justice plan required under this section
	must include:
	(1)  a statement of goals and priorities and of
	commitment by the community justice council, the judges described
	by Section 76.002 who established the department, and the
	department director to achieve a targeted level of alternative
	sanctions;
	(2)  a description of methods for measuring the success
	of programs provided by the department or provided by an entity
	served by the department; [and]
	(3)  a proposal for the use of state jail felony
	facilities and, at the discretion of the community justice council,
	a regional proposal for the construction, operation, maintenance,
	or management of a state jail felony facility by a county, a
	community supervision and corrections department, or a private
	vendor under a contract with a county or a community supervision and
	corrections department;
	(4)  a description of the programs and services the
	department provides or intends to provide, including a separate
	description of any programs or services the department intends to
	provide to enhance public safety, reduce recidivism, strengthen the
	investigation and prosecution of criminal offenses, improve
	programs and services available to victims of crime, and increase
	the amount of restitution collected from persons supervised by the
	department; and
	(5)  an outline of the department's projected
	programmatic and budgetary needs, based on the programs and
	services the department both provides and intends to provide.
	SECTION 6.  Chapter 509, Government Code, is amended by
	adding Section 509.0071 to read as follows:
	Sec. 509.0071.  COMMITMENT REDUCTION PLAN. (a)  In addition
	to submitting a community justice plan to the division under
	Section 509.007, a department or a regional partnership of
	departments may submit a commitment reduction plan to the division
	not later than the 60th day after the date on which the time for
	gubernatorial action on the state budget has expired under Section
	14, Article IV, Texas Constitution.
	(b)  A commitment reduction plan submitted under this
	section may contain a request for additional state funding in the
	manner described by Subsection (e).  A commitment reduction plan
	must contain:
	(1)  a target number by which the county or counties
	served by the department or regional partnership of departments
	will, relative to the number of individuals committed in the
	preceding state fiscal year from the county or counties to the Texas
	Department of Criminal Justice for offenses not listed in or
	described by Section 3g, Article 42.12, Code of Criminal Procedure,
	reduce that number in the fiscal year for which the commitment
	reduction plan is submitted by reducing the number of:
	(A)  direct sentencing commitments;
	(B)  community supervision revocations; or
	(C)  direct sentencing commitments and community
	supervision revocations;
	(2)  a calculation, based on the most recent Criminal
	Justice Uniform Cost Report published by the Legislative Budget
	Board, of the savings to the state that will result from the county
	or counties reaching the target number described by Subdivision
	(1);
	(3)  an explanation of the programs and services the
	department or regional partnership of departments intends to
	provide using any funding received under Subsection (e)(1),
	including any programs or services designed to enhance public
	safety, reduce recidivism, strengthen the investigation and
	prosecution of criminal offenses, improve programs and services
	available to victims of crime, and increase the amount of
	restitution collected from persons supervised by the department or
	regional partnership of departments;
	(4)  a pledge by the department or regional partnership
	of departments to provide accurate data to the division at the time
	and in the manner required by the division;
	(5)  a pledge to repay to the state, not later than the
	30th day after the last day of the state fiscal year in which the
	lump-sum award is made, a percentage of the lump sum received under
	Subsection (e)(1) that is equal to the percentage by which the
	county or counties fail to reach the target number described by
	Subdivision (1), if the county or counties do not reach that target
	number; and
	(6)  if the commitment reduction plan is submitted by a
	regional partnership of departments, an agreement and plan for the
	receipt, division, and administration of any funding received under
	Subsection (e).
	(c)  For purposes of Subsection (b)(5), if the target number
	contained in the commitment reduction plan is described by
	Subsection (b)(1)(B), the county or counties fail to reach the
	target number if the sum of any increase in the number of direct
	sentencing commitments and any reduction in community supervision
	revocations is less than the target number contained in the
	commitment reduction plan.
	(d)  A pledge described by Subsection (b)(4) or (5) must be
	signed by:
	(1)  the director of the department submitting the
	commitment reduction plan; or
	(2)  if the commitment reduction plan is submitted by a
	regional partnership of departments, a director of one of the
	departments in the regional partnership submitting the commitment
	reduction plan.
	(e)  After reviewing a commitment reduction plan, if the
	division is satisfied that the plan is feasible and would achieve
	desirable outcomes, the division may award to the department or
	regional partnership of departments:
	(1)  a one-time lump sum in an amount equal to 35
	percent of the savings to the state described by Subsection (b)(2);
	and
	(2)  on a biennial basis, and from the 65 percent of the
	savings to the state that remains after payment of the lump sum
	described by Subdivision (1), the following incentive payments for
	the department's or regional partnership's performance in the two
	years immediately preceding the payment:
	(A)  15 percent, for reducing the percentage of
	persons supervised by the department or regional partnership of
	departments who commit a new felony while under supervision;
	(B)  five percent, for increasing the percentage
	of persons supervised by the department or regional partnership of
	departments who are not delinquent in making any restitution
	payments; and
	(C)  five percent, for increasing the percentage
	of persons supervised by the department or regional partnership of
	departments who are gainfully employed, as determined by the
	division.
	(f)  A department or regional partnership of departments may
	use funds received under Subsection (e) to provide any program or
	service that a department is authorized to provide under other law,
	including implementing, administering, and supporting
	evidence-based community supervision strategies, electronic
	monitoring, substance abuse and mental health counseling and
	treatment, specialized community supervision caseloads,
	intermediate sanctions, victims' services, restitution collection,
	short-term incarceration in county jails, specialized courts,
	pretrial services and intervention programs, and work release and
	day reporting centers.
	(g)  Any funds received by a department or regional
	partnership of departments under Subsection (e):
	(1)  are in addition to any per capita or formula
	funding received under Section 509.011; and
	(2)  may not be deducted from any per capita or formula
	funding received or to be received by:
	(A)  another department, if the commitment
	reduction plan is submitted by a department; or
	(B)  any department, if the commitment reduction
	plan is submitted by a regional partnership of departments.
	(h)  The division shall deduct from future state aid paid to
	a department, or from any incentive payments under Subsection
	(e)(2) for which a department is otherwise eligible, an amount
	equal to the amount of any pledge described by Subsection (b)(5)
	that remains unpaid on the 31st day after the last day of the state
	fiscal year in which a lump-sum award is made under Subsection
	(e)(1).  If the lump-sum award was made to a regional partnership of
	departments, the division shall deduct, in accordance with the
	agreement and plan described by Subsection (b)(6), the amount of
	the unpaid pledge from the future state aid to each department that
	is part of the partnership or from any incentive payments under
	Subsection (e)(2) for which the regional partnership of departments
	is otherwise eligible.
	SECTION 7.  This Act takes effect September 1, 2011.
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