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

1. Budget Accomplishments of the 80th State LegislatureAdult Probation Funding Line Items & Policies

2. 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 Governor’s 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.

16. 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.

18. 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.

19. 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

22. 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

23. 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.

24. Implementation Schedule

25. 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

26. FY 2008 VETOED • 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

27. 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

28. 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

29. 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-C’s at state jail felony facilities) • 1125 - additional diversions under H. B. 1 (remaining placements in SAFP facilities)

30. 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

31. Strategy for Increasing Prison Diversions

32. 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.

33. 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

34. 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.

37. 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-1990’s 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.