ADULT DISCIPLINE INFORMATION

Texas Confidentiality Laws
TPA Position Paper 81st State Legislature April 8, 2009
Sample Policy for Employee One Time Merit Payments
Probation Law Manual
Community Service Manual
Changes in DWI Laws
Interstate Compact Reference Guides

Texas Confidentiality Laws

To view a report of the Texas Confidentiality Laws, click here.

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81st State Legislature: Key Issues - Adult Probation

Texas Probation Association
Rodney Thompson, Legislative Co-Chair - (936) 633-7642
George Hernandez, Legislative Co-Chair – (512) 398-4307
Sally Velasquez, Lobbyist (512) 462-2272 svelasq@aol.com

2010-2011 Biennium - Proposed TDCJ-CJAD State Budget Updated: March 30th, 2009

Approved: TDCJ-CJAD for 2010-2011 proposed budget for 100% Baseline funding.

Approved: TDCJ-CJAD’s proposed Exceptional Line Items. These items will have a Rider, which is a provision in the Appropriation Bill to provide a directive authorization and/or applicable to probation program funding level categories. See list below for increases as stated.

What Do We Do Now? Convey To All . . .

“We are supporting priority-funding measures for the Probation System with a very lean fiscal
approach to increase supervision of offenders with greater accountability in the use of taxpayers’ funds!”

. . . We Support and Request Final Approval: Key Probation Program Funding! .

Senate Subcommittee Committee on Criminal Justice/Senate Finance – March 20, 2009

*Not Recommended

$10 M Exceptional Line Item for existing Community Corrections Facilities Funding

* Article XI

Items sent to a category of the state budget to negotiate differences or make final approval on proposed funding measures. This is a House./Senate Conference Committee comprised of both House
and Senate 10 membership panel.

Texas Probation Association, Always Working For You . . .
. . . Your Membership ( IS) Critical In Making A Difference!

All persons in probation as members are encouraged to assist in distributing the TPA Legislative Agenda Priorities.

Probation Directors, staff, and community leaders are encouraged to visit with local state legislators to promote the TPA Legislative Agenda on the proposed funding measures.

All combined efforts will allow us to prepare, be strategic and united in our efforts to the final challenges of the 81st State Legislature. (ALL FUNDING SUBJECT TO CHANGES BY LEGISLATURE UNTIL SIGNED BY GOVERNOR)

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Sample Policy for Employee One Time Merit Payments

5.07 One Time Merit Payments – Employees who exhibit documentable, meritorious performance shall be eligible for a one time merit payment during each fiscal year that the employee demonstrates exceptional service to the department as evidenced by the score on the annual performance evaluation. These payments will be independent of other types of enhanced compensation awards.

5.07(1) Eligibility Guidelines – In order for an employee to receive this one time merit payment, the following eligibility criteria must be met:

• The person must be employed by the CSCD on a regular full-time basis. Temporary and/or part-time employees will not be eligible, and
• The person must have been a full-time employee of the CSCD for at least one full and continuous year as of the last day of the fiscal year. For example, an employee who on August 31, 2008, has been employed with the department for eleven months will not be eligible for a one time merit payment during Fiscal Year 2009. Any person previously employed with the CSCD and who later returns to full-time employment with the CSCD will not receive credit for the previous service period. This does not include employees who are temporarily away from work under the provisions of the Family and Medical Leave Act, and
• The employee must score “Very Good” or “Excellent” on the annual performance evaluation currently utilized by the CSCD.

5.07(2) Effective Date – The distribution of one time merit payments will begin in Fiscal Year 2009. The effective date of the payment will vary and will be based on either the individual employee’s anniversary date or the date of the employee’s last enhanced compensation award. No employee shall receive a one time merit payment within six months of receiving any other advanced compensation award.

5.07(3) Amount of One Time Payment – All full-time, eligible support staff, community service personnel, bond assistants, community supervision officer aides, community supervision officers, and supervisors will be eligible for the one time merit payment at the following rate.

• Those who score “Excellent” on the annual performance evaluation will be eligible for a one time merit payment equal to five percent of the employee’s annual salary as of the last day of the previous fiscal year.
• Those who score “Very Good” on the annual performance evaluation will be eligible for a one time merit payment equal to three percent of the employee’s annual salary as of the last day of the previous fiscal year.

The assistant director must also meet all eligibility criteria. However, the one time merit payment for the assistant director will be limited to two percent of the assistant director’s annual salary as of the last day of the previous fiscal year.

The one time merit payment for the director, if otherwise eligible, will be at the sole discretion of the Johnson & Somervell Counties Board of Judges, and may be either one percent or two percent of the director’s annual salary as of the last day of the previous fiscal year. The amount of the payment will also be at the sole discretion of the Johnson & Somervell Counties Board of Judges.

5.07(4) Funds Availability – As with all other fiscal matters involving the CSCD, all one time merit payments are contingent upon sufficient funds being made available by the Texas Department of Criminal Justice – Community Justice Assistance Division. In the event that sufficient funds are not available to pay all eligible employees the one time merit payment, the following guidelines will prevail.

• The director will forfeit his eligibility for the one time merit payment.
• As many eligible employees as possible, except for supervisors, who score “Excellent” on the annual performance evaluation will be granted the one time merit payment. If funds are not available to award the payment to all “Excellent” employees, they will be ranked according to the total numeric score of the performance evaluation. Given the differences in performance evaluation scores for various job duties, appropriate statistical procedures will be applied to ensure that this process is equitable for all employees.
• If all “Excellent” employees receive the award and funds are still available, supervisors scoring “Excellent” on the performance evaluation will be granted the one time merit payment. The same ranking procedure as outlined above will prevail if funds are not available to grant the award to all “Excellent” supervisors.
• If all “Excellent” supervisors receive the award and funds are still available, employees, except for supervisors, who score “Very Good” on the annual performance evaluation will be granted the award. The same ranking procedure as outlined above will prevail if funds are not available to grant the award to all “Very Good” employees.
• If all “Very Good” employees receive the award and funds are still available, supervisors who score “Very Good” on the performance evaluation will be granted the one time merit payment. The same ranking procedure as outlined above will prevail if funds are not available to grant the award to all “Very Good” supervisors.
• If all “Very Good” supervisors receive the award and funds are still available, the assistant director, if otherwise eligible, will be granted the award.

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Probation Law Manual

Prior to 1913 if a defendant were convicted of a criminal offense the sentencing authority had one of two options - the judge could assess penitentiary time or a jury could recommend that no punishment be assessed. It had consistently been held that legislation permitting trial courts to suspend pronouncement or imposition of sentences was constitutional. Click below to learn more about the history of probation law and more important probation information in the Probation Law Manual-

Probation Law Manual

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Community Service Manual

The law dealing with community service has changed over the years. While the requirement that a probationer could be ordered to perform community service as a condition of supervision had been previously inferred, it was not until the 1980's that statutory language was created to expressly authorize a judge to impose this particular condition.

Click below to continue reading more information from the manual:.

Community Service Manual

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Changes in DWI Laws

For well over two decades, there have been a number of substantial changes to the laws regarding intoxication-related offenses. Many of these changes have added increased responsibilities to community supervision and corrections departments. Moreover since these legislative initiatives resulted in amendments to scattered portions of the law dealing with intoxication-related offenses, community supervision officers have had great difficulty in interpreting these various provisions in a consistent and harmonious manner. Consequently, officers responsible for monitoring conditions of community supervision imposed on probationers convicted of an intoxication-related offense face a perplexing task in deciphering this area of the law. Click below to view a paper that may better enable officers to perform their duties in supervising persons convicted of intoxication-related offenses.

Changes to Laws Regarding Intoxication Offenses

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Interstate Compact Reference Guides

http://www.taylorcscd.org/pac/RefGuideUpdated.pdf
http://www.taylorcscd.org/pac/QRG3.pdf

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