LEGISLATIVE ISSUES

80th Legislature - Key Issues: Adult Probation
80th Legislature - Key Issues: Juvenile Probation
About Sally Velasquez
Texas Public Policy Foundation Reports

80th Legislature - Key Issues: Adult Probation

HB/SB1 General Appropriations (State Budget) 2008- 2009
Adopted: Signed by Governor June 2007

Ogden/Chisum: $153 Billion State Budget Bill - Restores 5% proposed cut from baseline funding. Various funding levels were significantly increased to TDCJ-CJAD’s budget to align with probation reform policy.

Key Issues: Exceptional Line Items or Funding Allocations Above Baseline

Rider #62 - Directs Govt. Code 76.017: to expend at least ($6.25 M) per biennium in for TAIP Program.

Rider #63 - Harris Co. Community Corrections Facility: From the funds allocated to Diversion Program, ($13 M) per biennium shall be made to this department.

Rider #69 - Probation Caseload Reduction: Out of the funds appropriated in Diversion Program allocation, at least ($28 M) per biennium shall be used to fund community supervision officers to reduce caseload size consisting of medium to high-risk offenders.

Rider #70 - Residential Treatment and Sanctions Beds: From funds allocated in Diversion Program at least ($27 M) per biennium shall be expended on residential treatment and sanction beds. CJAD will have discretion to departments with the highest rates of technical revocations.

Rider #73 - Contracted Temporary Capacity: Should the inmate population are less than projected of the 97% of total capacity, TDCJ shall transfer funds to Diversion Program for Adult Probation.

Rider #74 - Monitoring of Community Supervision Diversion Funds: TDCJ shall maintain a specific accountability system for tracking of all community supervision funds aimed to make this system as effective.

Rider #76 - Battering Intervention Program: From the funds allocated in Diversion Program, ($2.5 M) per biennium shall be used as assigned in Article 42.141of the Code of Criminal Procedure. Only for program use

Rider #84 Diversion Initiatives:

TDCJ shall use funds appropriated for various listed Diversion Programs.

Rider #85 -Withholding of Funds: TDCJ may withhold distributed funds in the core funding of probation if
CSCD’s fail to comply with TDCJ data reporting requirements.

Rider #86 - Diversion Plan: TDCJ shall provide to the Governor and LBB including House and Senate Corrections Committee a plan for the expenditures of diversion funding not limited to (probation) by Sept. 30, 2007. The plan should list goals, implementation strategies, recidivism, diversion outcomes etc.

Rider #89 - Medically Targeted Substance Abuse Treatment: From funds allocated in /Diversion program base funding, ($2 M) per biennium shall used to provide physician supervised acute medical treatment for met amphetamine/cocaine addicted offenders. This shall be administered in outpatient setting.

Other Major Key Issues: TPA Direct Involvement

HB 1678-Madden/Whitmire: relating to operations of a system of community supervision (Adult Probation)
This bill provides reform to probation because it enables incentives for a probationer to complete residential programs for substances abuse and other problems that lead to criminal behavior. This bill also provides an early review period during which a court can consider dismissing the term of community supervision for a probationer who has successfully completed all court imposed obligations. In addition this bill specifies that the term of community supervision will be five years, subject to extensions for good cause, for only a probationer placed on community supervision for a third degree drug or Title VII property offense. Probationers placed on community supervision for a serious offense will not be eligible for early termination.
Last Action: Signed by Governor 6/15/07

HB 530-Madden/Whitmire: relating to drug court in all counties with a population of 200,000 or more.
A contingency rider in the appropriations bill allocates $929,000 in FY 2008 to the Governor’s Office and $2,258.000 in FY 2009 to the Diversion Program item for funding the drug courts established in this bill. TDCJ must transfer $270,000 per fiscal year to the DP line item to fund DWI courts or courts operating duel DWI/drug court program.
Last Action: Signed by Governor 6-15-07

HB 3200-Madden/Whitmire: relating to changes to funding formulas for Adult Probation Services.
This bill would have enabled 121 probation departments across Texas the ability to operate, maintain and supervise caseloads with greater financial efficiency. The purpose of this measure is to fund probation departments with a front loaded formula in order to increase the likelihood that probationers will successfully complete the term of their community supervision. A change in the funding for felony probationers is essential for creating incentives for early termination of probated cases, providing disincentives for technical revocations, and targeting the majority of resources in the beginning of a probationer’s period of supervision during which the vast majority of the most critical assessments and programming should be occurring.

The major points in HB 3200:

• It funds felonies for five years only with funding reduced after the second year of placement on probation
• It has a funding penalty for revocations for technical violations
• It encourages early termination for probationers who have successfully complied with all the conditions of community supervision
• Misdemeanor funding system is left the same as in the current funding system
  Last Action: Vetoed 6/15/07

SB 1909-Ellis relating to community supervision, parole, or mandatory supervision for certain drug possession offenses and to a person's eligibility for an order of nondisclosure following a term of community supervision for any of those offenses.
This would have expanded the use of alternatives to incarceration. The bill would have required nonviolent drug offenders with no previous convictions other than a drug possession offense or certain offenses under the Transportation Code to be placed on community supervision and given personalized treatment, rather than incarcerated, unless a judge finds that the individual is a danger to the community or not fit for treatment. A court would require an individual to comply with a range of conditions of community supervision in addition to requiring treatment, including vocational training, family counseling, literacy training, and community service, thereby giving judges the ability to select a mix of programs and monitoring conditions appropriate to each individual offender. The bill would have authorized certain individuals who successfully complete the assigned treatment program and successfully complete the term of community supervision to petition the court for nondisclosure of the offense.
Last Action: House Floor vote deadline prevented this bill from further action.

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80th Legislature - Key Issues: Juvenile Probation

HB/SB1 General Appropriations (State Budget) 2008- 2009
Signed by the Governor June 2007

Ogden/Chisum: $153 Billion State Budget Bill - Restores 5% proposed cut from baseline funding. Various funding levels were significantly increased to TJPC’s Budget. Community-based programs were give additional funds to cover savings from reduced TYC commitments. Increase of $66 Million in additional funds to key service line items in TJPC’s budget.

Key Issues: Exceptional Line Items or Funding Allocations Above Baseline

Notes:

*An additional $500,000 per fiscal year of the biennium shall be set aside in a reserve to allow for mandated and non-mandated counties to apply for additional funds on a grant basis.

1 A rate increase for students expelled under (mandatory student)Chapter 37 was authorized in the amount of $79 per day compared to the current rate of $59. +(20.00 extra a day)

2 JJAEP funds not to exceed more than $3.0 million in any year fiscal year can be applied for summer school.

Rider #6 --Relating to Basic Supervision & Community Corrections
Juvenile Boards may use funds appropriated in the referenced provisions to lease, contract for, reserve bed space with public or private residential facilities for the purpose of diverting juveniles from commitments to TYC.

Rider #11 -- Relating to Juvenile Justice Alternative Education Program (JJAEP)
Out of funds appropriated in this line item, a maximum of $500,000 per fiscal year may be used for counties with population of at least 72,000, which operate a JJAEP at a student rate of $79 per day.

Rider #13 -- JJAEP Accountability
Participating counties with JJAEP’s shall be accountable for student academic behavior and success. Performance assessment reports shall be reported to the Legislative Budget Board and Governor by May 1, 2008. This report shall state cost factors, assessments, guidelines and program standard measures.

Rider #19 -- Community Corrections and Residential Facilities
Allows for $22.5 million per biennium to be used from this line item to enhance community-based services including but not limited to sex offenders, treatment, intensive supervision and specialized supervision.

Mental Health Care for Juveniles (Special Needs Diversionary Program) funding levels stay the same

Other Major Key Issues: TPA Direct Involvement

SB 103 - Relating to the Texas Youth Commission and the prosecution of certain offenses and delinquent conduct in the Texas Youth Commission and certain other criminal justice agencies; providing penalties.
This bill provides many provisions to standards and guidelines directing the structure of TYC. Applicable provisions relating to juvenile probation departments are affected by the courts that are designated to no send children to the TYC for misdemeanors. This bill also states review by the Sunset Advisory Commission and juvenile reports to be submitted to the Legislature by TYC & TJPC.
Action: Bill prohibits misdemeanants sent to TYC Effective Immediately

HB 1909 - Relating to Juvenile Boards
The intent of this bill was aimed to expand the juvenile board in each county to include a justice of the peace and a municipal court judge to an expanded intended involvement among all levels of the judiciary with regard to the juvenile justice system.
Action: Died in Calendars Committee

HB 15 - Relating to making supplemental appropriations and reductions in appropriations and giving direction, transfer authority, and other adjustment authority regarding appropriations.
In light of passage of SB103/HB2807, relating to the Texas Youth Commission restructure and management including imposing penalties no misdemeanants will be accepted as stated language provisions of the bill or in its implementation. As a result, this would have added complexities to TJPC placement budget shortfall, this process will further enhance referrals to the current juvenile probation system.
Action: Bill passed without 4 Million for TJPC for 2007 Budget.

These funds would have been allocated in the 2006-2007 current TJPC Budget . TPA in conjunction with JJAT requested HB 5 to include emergency funds in the amount of $4.4 million immediately to secure placement beds for repeated misdemeanor offenders and other youth who otherwise are eligible for committed to TYC.

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Biography: Sally Velasquez

Over twenty years involvement of state and local government, public policy shaped her personal growth and professional career. This invaluable experience allows her to recognize what motivates people, laws that govern us, and has an acute awareness to the limitations of our social and environmental resources.

Her role with TPA has been aimed to influence policy and funding measures for intervention and prevention programs for the Adult and Juvenile probation departments to operate more efficiently in the state’s criminal justice system.

As a Freelance Lobbyist, she has represented political subdivisions and select special interest groups where she has proven success in attaining funds for colonias, water needs, substandard housing, enhanced city & county regulations, expanded county transportation infrastructure, alternative fuels, spaceport education development; many aimed to promote rural economic development. Ms. Velasquez’ experience was developed in her 14 year tenure as Chief of Staff to various members of the Texas House Representatives.

If you have noted Ms. Velasquez, she possesses diverse interests and independence. This attribute allows her to serve on various community organizations on issues relating to lowering dropout rates, expanding Central Texas’ transportation systems and cultural arts. She is a graduate of the University of Texas at Austin and continues to diversify her studies.

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Texas Public Policy Foundation Reports

Adult:
http://www.texaspolicy.com/pdf/2006-06-PP-probationreform-ml.pdf
http://www.texaspolicy.com/pdf/2005-11-perverseincentives-pp.pdf
http://www.texaspolicy.com/pdf/2006-02-PP-drugcourts-ml.pdf

Juvenile:
http://www.texaspolicy.com/pdf/2006-03-PP-DAEP-ml.pdf

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