Budget Accomplishments of the 80th State Legislature Adult Probation Funding Line Items

1
Budget Accomplishments of the 80th State
LegislatureAdult Probation Funding Line Items
Policies
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Basic Supervision Funding

• We will receive the following amounts in basic
  supervision
• FY 2008 FY 2009
• 105,744,392 107,326,403
•  
• Currently we are receiving the following amounts
  in basic
•  
• FY 2006 FY 2007
• 97,957,161 97,600,616
•  
• Thus we will receive an additional 7,787,231 in
  FY 2008 and 9,725,787 in FY 2009 in basic
  supervision.

3
CCP Funding

• We will receive the following amounts in
  community corrections program funding
•  
• FY 2008 FY 2009
• 38,770,088 38,770,088
•  
• Currently we are receiving the following amounts
  in CCP funding
•  
• FY 2006 FY 2007
• 42,544,637 42,544,637
• Thus we will receive a decrease in the amount of
  3,774,549 in CCP funding in FY 2008 and an equal
  decrease in FY 2009.

4
DP Funding

• We will receive the following amounts in DP
  funding
•  
• FY 2008 FY 2009
• 113,357,659 124,110,306
•  
• Currently we are receiving the following amounts
  in DP funding
• FY 2006 FY 2007
• 89,048,185 89,048,185

5
DP Funding

• This additional funding in DP has been obligated
  to fund the following programs
• 5,000,000 in FY 2008 and an equal amount in FY
  2009 for outpatient substance abuse treatment.
• 5,024,723 in FY 2008 and 12,026,385 in FY 2009
  for 700 intermediate sanction facility beds
  operated by or on behalf of the Texas Department
  of Criminal Justice.

6
DP Funding

• 14,253,739 in FY 2008 and 18,004,723 in FY 2009
  for 800 community correction facility beds.
  These beds will be designated primarily to
  provide substance abuse treatment and provide
  services to mentally ill probationers.
• These funds can only be used for contract
  services and no funding was provided for
  construction. 600 of these beds will be
  available on September 1, 2007 and the remaining
  200 will become available on July 1, 2008.

7
DP Funding

• When these obligated amounts are subtracted from
  the DP line item, the remaining amount available
  to fund existing residential facilities and other
  programs is 89,079,197 in FY 2008 and
  89,079,198 in FY 2009 or a little more than what
  is currently being appropriated in the DP line
  item.

8
TAIP Funding

• The following amount of funds have been
  appropriated for the TAIP
• FY 2008 FY 2009
• 11,604,912
  11,604,911
•  
• Currently TAIP is being funded at these levels
• FY 2006 FY 2007
• 10,750,000
  10,750,000

9
TAIP Funding

• TAIP funding is increased by 854,912 for each
  year of the new biennium.
• Rider 62 states that the Texas Department of
  Criminal Justice is directed to expend at least
  3.25 million each fiscal year of the biennium on
  the Treatment Alternatives to Incarceration
  Program as specified in Government Code, Section
  76.017.
• In the appropriations act for FY 2006-2007 Rider
  63 states that the Texas Department of Criminal
  Justice is directed to expend at least 6.5
  million each fiscal year of the biennium on the
  Treatment Alternatives to Incarceration Program
  as specified in Government Code, Section 76.017.
  
• Nevertheless the remaining one-half of the amount
  that is currently be expended for TAIP will come
  from the appropriations to the Department of
  State Health Services. Rider 3 (Criminal
  Justice/Substance Abuse Initiative) to the
  appropriations for DSHS directs the department to
  transfer 3,250,000 in each year of the next
  biennium to TDCJ for TAIP.

10
SAFP Funding

• Beginning in FY 2008
• TDCJ will Contract for an additional 1,500
  additional Substance Abuse Felony Punishment
  (SAFP) beds
• 1,200 substance abuse treatment beds in existing
  capacity will be available at state jail felony
  facilities
• Funding for the additional SAFP beds (23,128,865
  in FY 2008 and 39,981,186 in FY 2009) is to also
  include aftercare in transitional treatment
  centers and outpatient counseling.

11
Drug Court Funding

• Additional funding will be available to implement
  H. B. 530, which mandates drug courts in all
  counties with a population of 200,000 or more.
• A contingency rider in the appropriations bill
  appropriates 929,000 in FY 2008 to the
  Governors Office and 2,258,000 in FY 2009 to
  the DP line item for the funding of drug courts
  established under this bill.
• In addition TDCJ must transfer 270,000 per
  fiscal year to the DP line item to fund DWI
  courts or courts operating dual DWI/drug court
  programs.

12
Special Needs Offender Funding

• The following amounts will be appropriated to
  TDCJ for Special Needs Offenders
•  
• FY 2008 FY 2009
• 20,410,726 20,410,726
•  
• Currently, the following amounts have been
  appropriated to this line item
•  
• FY 2006 FY 2007
• 15,369,173 15,369,173
•  
• Thus this line item will increase by 5,041,553
  for each year of the next biennium.

13
Special Needs Offender Funding

• There is some question regarding whether CSCDs
  will be able to access these additional funds for
  specialized mental health caseloads and mental
  health services.
• Rider 75 to the upcoming appropriations bill for
  TDCJ states that 4 million in FY 2008 and 4
  million in FY 2009 in DP must be used to fund
  specialized mental health case loads and 11.5
  million in FY 2008 and 11.5 million in FY 2009
  in the line item for Special Needs Offenders must
  be used to fund case management and mental health
  services for adult and juvenile offenses. This
  is identical to the rider in the current
  appropriations act.

14
Special Needs Offender Funding

• Thus even though the appropriations bill adds an
  additional 10 million for mental health
  treatment in the next biennium, the rider appears
  to limit the expenditures for these services at
  the same level as we are currently receiving.
  Moreover this rider funds both juvenile and adult
  cases.
• Considering that the number of youth going to the
  Texas Youth Commission will be curtailed and that
  juvenile probation departments will be expected
  to absorb this offender population, it is very
  possible that any additional funding in this line
  item that might be available will largely go for
  juvenile services instead of adult.

15
Unanswered Questions

• Is there an identified funding source available
  to restore the cut in funding to CCP.
• If not then this reduction in CCP funding will
  impact all CSCDs but will have a particularly
  adverse impact on the five CSCDs that are funding
  residential programs with CCP funds.

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Unanswered Questions

• How much flexibility TDCJ/CJAD will have to move
  funds between the different line items.

17
Unanswered Questions

• Will CSCDs will be able to spend down future turn
  back money or whether they will be forced to
  return 18.6 million to the State for
  re-appropriation in FY 2010- 2011.

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Unanswered Questions

•  What is the status of funding under RSAT.
• If RSAT funds are reduced or eliminated during
  the next biennium, then this will result in the
  elimination of a significant number of treatment
  beds that are currently available to CSCDs.

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Unanswered Questions

• Will funds for aftercare and outpatient treatment
  be available for those offenders released from
  the newly funded substance abuse treatment
  program in the state jails.

20
Unanswered Questions

• Will CSCDs will be able to access additional
  funding for specialized mental health case loads
  and mental health services.

21
Unanswered Questions

• Assuming that H. B. 3200 is enacted into law, it
  will still take another 11 million in FY 2009 to
  fully implement the front end funding formula.

VETOED
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Probation Reform Summary

• It appears that through a combination of factors,
  the money is there to fully implement H. B. 3200
  in the final year of the next biennium
• It will take imagination and creativity to
  identify and re-allocate funding for the front
  end funding formula.
• Nevertheless to not do so would not only defeat
  the legislation establishing the front end
  funding formula but would also result in funds
  not being utilized to divert offenders from
  prison and needed resources being returned to the
  State.

VETOED
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Probation Reform Summary

• CSCDs have a vested interest in ensuring that the
  various probation reform measures are fully
  implemented.
• Rider 73 of the appropriations bill to the Texas
  Department of Criminal Justice states that if the
  actual incarceration populations are less than
  projected, i.e., less than 97.5 of total prison
  capacity, then appropriations in excess of actual
  need to pay for contracted temporary capacity,
  i.e., county jail bed space are to be
  transferred to the DP line item.
• The better CSCDs do in diverting offenders from
  prison, the greater the likelihood that CSCDs
  will receive additional funding.

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Implementation Schedule
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FY 2008

• 1,200 - additional beds with transfer of San Saba
  and Marlin Youth Facilities to TDCJ
•  
• 600 - additional diversions by adding 400
  Community Correction Facility (CCF) beds on
  September 1, 2007
• Method of calculation 400 additional beds at a
  six month treatment cycle 800 beds used in FY
  2008. 800 times .75 600 diversions
• 33 diversions by adding the remaining 200 CCF
  beds by end of the first year of the biennium
• Method of calculation 200 beds to go on line on
  July 1, 2008 times .165 (last two months of the
  first half of the biennium) 33

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FY 2008

• 1,587 additional diversions under H. B. 3200
• ____
• 3420 times .75 2565
• For the purpose of this analysis, it is assumed
  that the initial infusion of additional resources
  will have a greater impact on the number of
  diversions in FY 2008 than in subsequent fiscal
  years.
• 2565 total diversions in FY 2008

VETOED
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FY 2009

• 300 additional beds with transfer of Marlin VA
  hospital to TDCJ
• 300 additional diversions once the remaining
  200 CCF beds are available for the entire fiscal
  year
• Method of calculation 200 beds at a six month
  treatment cycle 400 times .75 equals 300
• -400 loss of beds in the San Saba and Marlin
  units due to carry over of persons serving the
  remainder of their sentences (540 days for an
  average sentence means that the initial 1200 beds
  will be reduced by 400)
• 1168 additional diversions once the drug court
  programs under H. B. 530 are implemented on
  September 1, 2008

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FY 2009

• 2,131 additional diversions once the front end
  funding formula under H. B. 3200 is implemented
  on September 1, 2008
• 1350 Modified Therapeutic Community (Mod T-C)
  substance abuse treatment beds at the state jail
  felony facilities that become available under H.
  B. 1
• 1125 additional Substance Abuse Felony
  Punishment (SAFP) beds created under H. B. 1
• 837 additional diversions due to early
  termination of terms of community supervision
  under H. B. 1678
• _______
• 6811 times .50 3405 diversions
• Added to the 2565 carry over of diversions in FY
  2008 equal 5970 diversions by the end of FY 2009

VETOED
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FY 2010

• -210 H. B. 1887 (enhancing certain burglary of
  a motor vehicle offenses to a state jail felony)
• 1167 additional diversions under H. B. 530
  (remaining referrals to drug court programs)
• 1350 additional diversions under H. B. 1
  (remaining placements in Mod T-Cs at state jail
  felony facilities)
• 1125 - additional diversions under H. B. 1
  (remaining placements in SAFP facilities)

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FY 2010

• 837 additional diversions due to early
  terminations under H. B. 1678
• ______
• 4269 times .25 1067
• 1067 plus 2240 (FY 2008 diversions adjusted for
  confinements in San Saba and Marlin units and
  full utilization of 200 CCF beds in FY 2009) plus
  3605 (FY 2009 diversions adjusted for
  confinements in San Saba and Marlin units) equals
  6912 total diversions at the end of FY 2010

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Strategy for Increasing Prison Diversions
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Strategy for Increasing Prison Diversions

• Problem By 2012, it is projected that the Texas
  Department of Criminal Justice will have a
  shortfall of over 17,000 prison beds.
• Goal Reduce future prison capacity to less than
  97.5 (maximum statutory capacity)
• Note Presently, 97.5 capacity equals 150,834
  inmates. For purposes of this proposal, it is
  initially assumed that in making future
  projections the 97.5 capacity will remain equal
  to what it presently is.
• Note further Presently, prison capacity over
  152,000 inmates with another 1,900 housed in
  contracted county jail beds.

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Strategy for Increasing Prison Diversions

• Objective For parole, increase parole release
  average from 26 in FY 2006 to 28 in 2012 and
  increase discretionary mandatory supervision
  (DMS) from 52 in FY 2006 to 55 in 2012.
• Outcome 11,322 inmates will be diverted from
  prison

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Strategies for Increasing Diversions through
Community Corrections
35
Strategies for Increasing Diversions through
Community Corrections

• Objective For probation, reduce the number of
  persons being sentenced or revoked to the
  institutional division or the state jail division
  and increase the number of probationers being
  successfully discharged from probation.
• Outcome Increase number of diversion by 5661,
  by 1,166 (the number presently in excess of the
  97.5 capacity), and by 1,900 (the number of
  temporary contracted beds) to equal 8727.

36
Strategies for Increasing Diversions through
Community Corrections

• Strategies for Achieving Outcome
• Reduce revocations based on technical violations
  by increasing treatment options, improving
  delivery of programs and services, utilizing
  better assessment instruments and adopting new
  supervision techniques and practices.
• Increase the number of placements on community
  supervision by having a greater array of options
  for dealing with offenders and thus improving the
  confidence of the Courts that an offender can be
  safely supervised in the community.

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Strategies for Increasing Diversions through
Community Corrections

• Means for Achieving Outcome
• Implement H. B. 3200
• Appropriately assess the risk and needs of
  offenders by using validated and recognized
  assessment and evaluation instruments and develop
  supervision strategies and treatment plans in
  accordance with the assessment or evaluation
  instrument.
• Reduce caseloads to a manageable level so that
  supervision officers can devote the majority of
  their time in the environment where offenders
  live, work, and recreate.

VETOED
38
Strategies for Increasing Diversions through
Community Corrections

• Means for Achieving Outcome
• Increase the number of specialized caseloads for
  special needs offenders, high risk offenders, sex
  offenders, and youthful offenders.
• Access additional residential beds in order to
  provide treatment for probationers and give
  Courts a tool for punishing offenders for
  committing a technical violation of the
  conditions of community supervision.

39
Strategies for Increasing Diversions through
Community Corrections

• Means for Achieving Outcome
• Provide comprehensive training to staff regarding
  the concept of evidence based practices, the use
  of effective assessment instruments and the
  incorporation of these assessment instruments
  into the supervision plan, and the utilization of
  progressive sanctions, motivational interviewing
  techniques, and the cognitive/behavioral model
  for supervision.

40
Legislative Strategies for Increasing Diversions

41
Legislative Strategies for Increasing Diversions

• House Bill 1
• Is the appropriations bill funding community
  supervision
• Number of offenders diverted under this bill
  2700 state jail felons and 2,250 offenders placed
  in a Substance Abuse Felony Punishment (SAPF)
  facility for a total of 4950 offenders
• The appropriations bill also will fund an
  additional 1500 substance abuse treatment beds in
  the SAFP facilities. The treatment cycle in SAFP
  facilities is currently six months. So, 3000
  offenders can participate in the treatment
  program per year. At 75, another 2250 offenders
  will constitute a diversion from prison. For
  both these offender populations, the number is
  4950 per year

42
Legislative Strategies for Increasing Diversions

• House Bill 1
• In addition, between 450 and 750 probationers
  will be placed in community correction facility
  (CCF) beds.
• Transfer of the San Saba and Marlin Youth
  Facility to the Texas Department of Criminal
  Justice.

43
Legislative Strategies for Increasing Diversions

• House Bill 530
• Will mandate drug courts for counties with a
  population of more than 200,000
• Number of offenders diverted under this bill
  2,335

44
Legislative Strategies for Increasing Diversions

• House Bill 1678
• Will shorten the period of supervision for
  non-violent property offenses to five years and
  encourage early termination of cases.
• Number of offenders diverted under this bill 837

45
Legislative Strategies for Increasing Diversions

• House Bill 1678
• The following percent of these persons were on a
  term of community supervision longer than five
  years.

46
Legislative Strategies for Increasing Diversions

• House Bill 3200
• Mandates that a funding formula be used for
  felony probationers include weights for
• higher per capita rates for those defendants
  supervised by a department who are serving the
  early years of a term of community supervision
  than for those defendants who are serving the end
  of a term of community supervision
• penalties in per capita funding with respect to
  each defendant supervised by a department whose
  community supervision is revoked due to a
  technical violation of an applicable condition of
  community supervision
• awards in per capita funding with respect to each
  felony defendant supervised by a department who
  is discharged following an early termination of
  community supervision

VETOED
47
Legislative Strategies for Increasing Diversions

• House Bill 3200
• Number of offenders diverted under this bill
  3,718
• Based on the number of persons admitted to TDCJ
  in 2004, if the technical revocation rate had
  been reduced from 55 to 46, then an additional
  2,131 offenders would have been diverted from the
  prison system.
• If the technical revocation rate had been reduced
  by another 5 (to 40), then an extra 1,587
  persons would have been diverted

VETOED
48
Legislative Strategies for Increasing Diversions

• House Bill 3200
• Assuming that an average sentence to TDCJ is 18
  months (or 540 days), at a cost of 42.00 per bed
  per day, a technical revocation rate of 40 would
  result in a savings to the State of 84,324,240
• Dropping the revocation rate to 4 and then 40
  is based on the historical revocation rate for
  technical violations in the early and mid-1990s
  when the adult probation system was fully funded.

VETOED
49
Diversion Summary

• Total Number of Probation Diversions 8,088
• 800 beds at the San Saba and Marlin unit
• 300 beds at the Marlin VA hospital
• 2,250 SAFP beds
• 2,700 Mod T-C beds
• 750 CCF beds
• 2,335 drug court diversions
• 837 offenders diverted through early termination
• 3,718 diverted by H. B. 3200
• minus 210 persons confined under H.B.
  1887/S.B.807
• for a total of 13480

VETOED
50
Diversion Summary

• Now assuming that one-half of these diversions
  have been double counted, the true number of
  diversions would be 6740. However, if 75 of
  this number constituted true diversions, then the
  number of offenders diverted would be 10,110.
  And if 60 of this number constituted true
  diversions, then the number of offenders diverted
  would be 8,088.

51
Note

• 97.5 Prison Capacity
• One of the previously stated objectives was to
  reduce the current number of inmates confined in
  prison to no more than 97.5 capacity.
• Thus it has been stated that it is necessary to
  divert 1,166 inmates who are currently being
  confined in TDCJ.
• However, if the new San Saba and Marlin
  facilities are added to TDCJ and the Marlin VA
  hospital is transferred, then TDCJ will have
  acquired 1,100 additional beds and total capacity
  will increase to 154,700 beds.
• Thus 97.5 full capacity will be 151,905 instead
  of the present 150,834.

52
Note

• 97.5 Prison Capacity
• Thus community corrections will only have to
  divert 7,656 offenders to reach the goal
  established for community corrections (5,661 plus
  1,900 plus (152,000 151,905 95) equals 7,656.
• Hence if community corrections only reaches a 50
  rate of true diversions, then we will fall short
  of our goal by 916 persons diverted from prison.
  However, if we achieve a 60 rate of true
  diversions, then we shall exceed our goal by 432
  persons diverted from prison.