Safely Reducing Incarceration – Successful Bills, 2013

SB 126 | SB 358 | SB 462 | SB 484 | SB 1096 | SB 1173

The Governor signed the following bills into law in 2013:

• SB 126 (Nelson) [Sponsor: Davis, John]: Relating to the creation of a mental health and substance abuse public reporting system. Given high rates of arrest for drug possession in Texas, as well as a high incidence of mental illness among system-involved populations, it is critical to improve access to and awareness about available community-based treatment programs. This bill will help to provide information about which behavioral health programs and services in Texas – including mental health and substance abuse services – are the most successful, based on performance and outcome measures. This information will assist Texans in selecting substance abuse and mental health programs that are appropriate for their needs, while also helping state and local decision-makers determine which programs warrant ongoing or increased investments. Effective September 1, 2013.

• SB 358 (Hinojosa) [Sponsor: Muñoz, Jr.]: Relating to the use of a polygraph statement as evidence that a defendant or releasee from the Texas Department of Criminal Justice has violated a condition of release. Courts may require individuals on probation to submit to regular polygraph tests as part of their conditions of probation. Failing a polygraph examination can result in further investigation and even probation revocation, resulting in an expensive term of incarceration. However, Texas jurisprudence is clear that results of polygraph examinations are inadmissible for various evidentiary purposes and cannot, alone, serve as the basis of an adjudication of guilt or probation revocation. This bill clarifies that judges cannot revoke a person’s probation based solely on the uncorroborated results of a polygraph examination. Given that probation is a cost-efficient and effective alternative to incarceration, it is essential that individuals are only revoked when other rehabilitative options have been exhausted. Effective Immediately (June 2013).

• SB 462 (Huffman) [Sponsor: Lewis]: Relating to specialty court programs in this state. Texas specialty courts are designed to serve certain groups, including veterans, individuals with mental illnesses, and individuals convicted of crimes caused by drug addiction. During the past 10 years, the number of specialty courts in Texas has grown exponentially. This bill will ensure that each of these courts is operating effectively and efficiently by establishing performance tracking and accountability systems. Specifically, SB 462 requires specialty courts to: register with the Criminal Justice Division of the Governor’s office; track and report their performance; and comply with best practices adopted by the Criminal Justice Division, which is guided by the Specialty Courts Advisory Council. This bill also increases the number of Specialty Courts Advisory Council members from 7 to 9. Through a stronger specialty court system, Texas will enhance public safety outcomes and improve resource prioritization and allocation. Effective September 1, 2013.

• SB 484 (Whitmire) [Sponsor: Turner, Sylvester]: Relating to the creation of a prostitution prevention program; authorizing a fee. This bill allows for the creation of local or regional prostitution diversion programs, which will apply only to eligible participants with the consent of the district attorney. These programs will provide access to coordinated information and services relating to substance abuse, mental health, and sex-related issues; successful completion of a program, followed by two subsequent years of law-abiding behavior, may result in an individual receiving an order of nondisclosure – an incentive to remain on the right path. This rehabilitative approach to prostitution will provide sex workers the tools to safely and permanently exit the business, in turn saving the state and counties much-needed funds otherwise spent policing, prosecuting, and incarcerating these individuals, and positively impacting both public health and public safety.

As a further benefit, certain programs under SB 484 will be established and maintained with federal funds. Note: If a county with a population over 200,000 receives sufficient federal or state funds to operate a program, county participation is mandatory. Effective September 1, 2013.

• SB 1096 (Hinojosa) [Sponsor: Muñoz, Jr.]: Relating to the monthly fee a defendant must pay during a period of community supervision. This bill removes the obligation to continue paying monthly probation fees after a judge terminates an individual’s probation period. Effective September 1, 2013.

• SB 1173 (West) [Sponsor: White]: Relating to procedures for the sentencing and placement on community supervision of defendants charged with the commission of a state jail felony. Texas’ state jail system, created in 1993, was originally intended to divert individuals with nonviolent offenses from crowded prisons; instead, such individuals would receive rehabilitative assistance in the community or, if having trouble in the community, would be confined in local state jails. Now, nearly 100% of individuals (many of whom prefer state jail over longer and stricter probation terms) are directly sentenced to state jail facilities, with extremely limited access to treatment and programming options, and typically without any post-release supervision. As a result, state jail releasees have the highest rates of re-arrest and re-incarceration among returning populations.

  Under this bill, a probation officer will complete a pre-sentence report that contains a proposed supervision plan and, if the defendant is charged with a state jail felony, recommendations for conditions of community supervision if probation is determined to be appropriate. Before imposing a sentence in a state jail felony case, the judge must consider this report to determine whether to place the defendant on community supervision, impose the sentence, or order the sentence to be executed in part followed by a term of community supervision to commence after release.

  With the new option of a partial sentence followed by a term of community supervision, the individual would be discharged onto probation rather than released without supervision and support. While on probation (which costs 31 times less per day than a state jail term), a person will be held accountable to a probation officer and have access to effective rehabilitative programming, which reduces the likelihood of re-offending and costly re-incarceration.

  Finally, SB 1173 requires the Texas Department of Criminal Justice to determine the cost savings associated with placing defendants on community supervision instead of ordering them to state jails, with 30 percent of savings reinvested in the continuation and improvement of probation programs. Effective September 1, 2013.

Click here to download a PDF copy of these bill summaries, as well as summaries of all other successful smart-on-crime bills passed in 2013.