Oranges To Oranges: Comparing The Operational Costs Of Juvenile And Adult Correctional Programs In Texas

Transcription

1 Oranges To Oranges: Comparing The Operational Costs Of Juvenile And Adult Correctional Programs In Texas Criminal Justice Policy Council January 1999 Tony Fabelo, Ph.D. Executive Director

2 Oranges To Oranges: Comparing The Operational Costs Of Juvenile And Adult Correctional Programs In Texas Criminal Justice Policy Council P.O. Box Austin, Texas (512)

3 Compiled By: Tom Reed

4 Note From The Director This report presents an analysis of the operational costs of juvenile and adult correctional programs in Texas in 1997 and Program costs compare oranges to oranges based on a uniform formula agreed upon by all the relevant state agencies for reporting operational expenditures. Historical information is also presented comparing operational costs of selected programs dating back to State operational cost per day for most criminal justice programs did not increase significantly, and in some cases, declined when compared to the figures. Highlights of the cost per day analysis are: The most costly criminal justice program is juvenile incarceration. In 1998 the cost per day per juvenile housed in a Texas Youth Commission institutional facility was $ In 1997, the cost per day for juvenile community supervision was $7.55. In 1998, the cost per day increased to $8.44. These figures represent the least expensive intervention in the juvenile justice system. The cost per day for adult confinement in the Institutional Division of the Texas Department of Criminal Justice (TDCJ-ID) decreased from $39.51 per day in 1996 to $38.71 per day in 1998, a 2% decrease. During this same time the average daily population of Institutional Division facilities increased by about 2.4%. The decrease in the cost per day can be attributed to higher levels of operational capacity, and system facilities that are less expensive to operate. The operational cost per day per offender housed in state jail facilities operated by the state in 1998 was $31.07 compared to the average contract cost per offender housed in privately operated state jail facilities of $ There are currently six privately operated facilities in operation in the state. The least expensive criminal justice intervention was adult community supervision. In 1997 the cost per day for offenders supervised by community corrections departments was $1.88 and $1.92 in For the same years, the cost per day for supervising parolees was $2.34 and $2.60 respectively. Tony Fabelo, Ph.D. Executive Director i

5 Table Of Contents I. Introduction 1 Cost Calculations 3 Reporting Guidelines 5 II. Average Cost Per Day 7 Juvenile Probation Commission 9 Texas Youth Commission 10 Community Justice Assistance Division 11 State Jail Division 12 Institutional Division 13 Parole Division 14 Substance Abuse Felony Punishment Facility 15 III. Program Descriptions 17 Overview of the Juvenile Justice System 19 Juvenile Probation Commission 21 Texas Youth Commission 23 Overview of the Adult System 25 Community Justice Assistance Division 27 State Jail Division 33 Institutional Division 35 Parole Division 39 IV. Historical Overview 43 Twelve Year Historical Table 46

6 I. Introduction

7 Cost Calculation This report presents the operational cost per day for criminal justice programs and services in fiscal years 1997 and The mandate set forth by V.T.C.A, Government Code, Title, Sec , requires that the Criminal Justice Policy Council make cost per day calculations and interagency cost comparisons on services provided by agencies that are a part of the criminal justice system. To achieve this, cost per day figures are compiled biennially, and the results are reported to each regularly scheduled legislative session. Cost per day calculations present the average cost per day to the state for services rendered by the Texas Juvenile Probation Commission, the Texas Youth Commission, and the Texas Department of Criminal Justice. Budget expenditures, average populations, and program descriptions were provided by each operational agency. The Criminal Justice Policy Council acted to coordinate the project, collect expenditures and program data, and compile all cost per day calculations. The goal of the cost per day project is to present consistent and comparable cost calculations for criminal and juvenile justice services provided by the state. This serves to minimize the use of conflicting criminal justice cost figures and to lessen the number of requests for information on agencies providing criminal justice services. Cost Calculation The cost estimates in this report present relative measures of the average daily cost to serve offenders in criminal and juvenile justice programs. Estimates reflect operational program costs only, and do not include expenditures associated with construction, renovation, or debt service. Although cost per day calculations are based on unaudited figures provided by the Texas Juvenile Probation Commission (TJPC), Texas Youth Commission (TYC), and Texas Department of Criminal Justice (TDCJ), specific reporting guidelines are followed (Table 1). The use of a common criteria for reporting expenditures ensures consistency and allows for a general comparative analyses to be performed among different programs and facilities. To calculate the cost per day, the yearly expenditure of a particular program or facility is divided by the average population and then divided by 365 days ((dollar amount/average population)/365). The resulting figure shows the average operational cost per day, per client, for the program or facility indicated. Cost estimates include all basic services delivered through a specific program. Whenever possible, supplemental services and treatment which offenders receive in addition to basic program supervision are not included in the average cost. 3

8 Cost Calculation By breaking out these additional services, a more accurate baseline cost per program or facility can be achieved. As previously stated, cost per day estimates allow for general comparisons among criminal and juvenile justice services. Figures do not, however, provide a means of calculating the cost of further expansion of a program. The addition of a minimal number of offenders in a particular program or facility may actually reduce the cost of providing a service, while fixed costs, such as personnel, rent, utilities, and administrative overhead may remain relatively constant. Actual expansion, however, often requires additional personnel at both the program and administrative level, additional rental space or facilities, and increased utilities. It is important to remember that cost per day figures do not increase proportionally as a program increases. All cost per day estimates include state paid benefits. Therefore, cost calculations present the average cost to the state to provide these services, not the cost to the agency, division, or service provider. The cost per day estimates do not include county paid benefits. This report is divided into four sections. Section II contains cost information grouped by agency or division. Section III contains program descriptions grouped by agency. An organizational chart on the first page of each agency s description indicates programs and services for which a cost per day has been calculated. Additional programs may be described for which a cost per day was not calculated. Section IV contains historical information. 4

9 Reporting Guidelines Table 1 1. Calculate supervision costs by program or facility. For facilities operated by the Institutional Division, calculate the system average operational cost as well as the average cost for the general population and administrative segregation. For the State Jail Division, calculate security and non-security costs for state operated facilities, and report contract cost for privately operated facilities. 2. Include the costs for all basic services provided by the program. Basic services include: presentence investigations, court services, supervision, counseling, and referrals to educational, vocational, and employment services. 3. Break out costs associated with supplemental services whenever possible. Supplemental services are specialized services received in addition to basic program services and may include: substance abuse treatment, group and individual counseling, educational and vocational training, family services, crisis intervention, and drug testing. 4. Include the costs for newly funded services, programs, and facilities. Estimates may be used for those programs/facilities funded but not fully operational. 5. Do not depreciate equipment costs (capital outlay). All capital expenditures (excluding construction and major renovation outlays) will be considered as part of operating costs in the year of expenditure. 6. Exclude the Institutional Division s industrial costs and revenues when calculating cost. 7. Exclude all construction and major renovation costs. 8. Include lease payments as a separate category of the general cost information. Lease payments include payments made for residential facilities, office space, and rental property. 9. Include fringe benefits paid by the state at a rate of 24.88% of salaries for FY 1997 and 24.58% for FY Fringe benefits include the state paid portion of insurance, retirement, social security payments, worker s compensation, and unemployment. (Rate calculated by the Legislative Budget Board) 10.Calculate total central administration costs and allocate to specific program areas according to the proportion of central administration resources used by that program. 5

10 II. Average Cost Per Day

11 Texas Juvenile Probation Commission Average Cost Per Day Fiscal Years Community Supervision* Fiscal Year 1997 Fiscal Year 1998 State Cost $2.71 $3.54 Local Cost $4.84 $4.90 Total $7.55 $8.44 Juvenile Detention State Cost $5.62 $6.40 Local Cost $75.83 $79.50 Total $81.45 $85.90 Residential Placement** State Cost $34.06 $35.25 Local Cost $47.62 $53.37 Total $81.68 $88.62 JJAEP*** Reimbursement Rate $53.00 $53.00 * The cost per day for community supervision services includes supervisory caution, deferred prosecution, and adjudicated probation (both regular and intensive). Expenditures for programs or services received in addition to community supervision are included in the cost per day. ** Residential placement includes the cost of both secure and non-secure facilities. Expenditures for programs or services received in addition to residential placements are included in the cost per day. *** Juvenile Justice Alternative Education Program. This daily rate is paid for juveniles who are mandatorily expelled from school under the Texas Education Code, Sections (a), (d), and (e). 9

12 Texas Youth Commission Average Cost Per Day Fiscal Years Fiscal Year 1997 Fiscal Year 1998 Parole $6.40 $8.84 Specialized Parole* $19.27 $15.30 Independent Living** $3.25 $3.97 Residential Contract Care $ $ Halfway Houses $ $ Institutional Facilities $ $ * The cost per day for offenders placed on specialized parole (capital offenders, sex offenders, substance abusers, and emotionally disturbed offenders) includes the cost of regular parole services. The cost per day for specialized services above and beyond regular parole was $12.87 in fiscal year 1997, and $6.46 in fiscal year ** The decrease from previous years in the cost per day of the Independent Living program is the result of fewer contracts with private providers and a shift in the program away from providing housing services. 10

13 TDCJ-Community Justice Assistance Division Average Cost Per Day, Fiscal Years Basic Supervision Fiscal Year 1997 Fiscal Year 1998 State Cost* $0.92 $0.94 Local Cost** $0.96 $0.98 Total $1.88 $1.92 Electronic Monitoring State Cost $4.07 $3.62 Local Cost $0.20 $0.27 Total*** $4.27 $3.89 Restitution Centers**** State Cost $48.07 $44.48 Local Cost $10.63 $11.75 Total $58.70 $56.23 Court Residential Treatment Centers**** State Cost $57.04 $54.64 Local Cost $4.67 $4.55 Total $61.71 $59.19 Substance Abuse Treatment Facilities**** State Cost $52.63 $52.45 Local Cost $0.95 $1.08 Total $53.58 $53.53 * Does not include funds transferred out of the Basic Supervision funding category to support other programs. The cost per day includes expenditures for both felony and misdemeanor supervision. ** Local costs include community supervision fees and interest accrued on state funds disbursed to CSCDs. They do not include the cost of facilities, utilities, and equipment provided at no cost to departments by county governments. *** The cost per day reflects only the departments that received grant funds to provide Electronic Monitoring Services and who reported expenditures and populations served. **** Cost per day includes the cost of facility leases and other capital expenses. 11

14 TDCJ-State Jail Division Average Cost Per Day Fiscal Years State Operated System Average* Fiscal Year 1997 Fiscal Year 1998 Security $12.71 $13.78 Non-Security $19.50 $17.29 Total $32.21 $31.07 Privately Operated Facilities Average Contract Cost** $29.37 $29.69 * Population includes both state jail confinees and transfer inmates incarcerated in state operated facilities. ** The cost per day represents the average contract cost only. It does not include TDCJ-SJD administrative expenditures. 12

15 TDCJ-Institutional Division Average Cost Per Day Fiscal Years Systemwide Average* Fiscal Year 1997 Fiscal Year 1998 Security $17.20 $17.82 Non-Security** $22.08 $20.89 Total $39.28 $38.71 Average By Custody Level General Population $38.56 $37.86 Administrative Segregation $48.68 $48.84 Prototype Units 2,250 Bed Unit (Hughes Facility) $40.15 $ ,000 Bed Unit (Hightower Facility) $35.84 $35.60 Private Facilities Average Contract Cost $34.04 $34.39 County Contracted Beds Average Cost Per Bed*** NA $40.05 * Reported costs include only expenditures and populations in state operated prison facilities. ** Non-security costs include non-id state funds used to provide services to inmates. These services are provided by the Windham School District, Texas Workforce Commission, and the E&R Enterprise Fund. The average cost per day for these services was $1.58 per inmate per day in FY 1997 and $1.52 in FY *** The average cost per bed per day was calculated by multiplying the number of beds with the rate of each facility. The total dollar figure for all facilities was then divided by the total number of beds. The average cost per day for death row inmates in fiscal year 1998 was $ Cost includes services and supervision for 446 male offenders at a cost of $48.45 per day and 7 female offenders at a cost of $94.03 per day. 13

16 TDCJ-Parole Division Average Cost Per Day Fiscal Years Parole Supervision Fiscal Year 1997 Fiscal Year 1998 Regular $2.34 $2.60 Specialized $3.91 $4.20 Intensive* $6.40 $6.97 Super-Intensive NA $13.89 Halfway Houses State Cost $29.17 $29.46 Client Cost $1.80 $2.09 Total $30.97 $31.55 Pre-Parole Transfer Facilities State Cost $30.46 $30.24 Client Cost $0.11 $0.06 Total $30.57 $30.30 Intermediate Sanction Facilities Electronic Monitoring** $34.14 $33.67 Average Contract Cost $3.22 $3.00 County Jail Work Release Program Special Needs-Sex Offenders*** Special Needs-Mentally Impaired/Retarded*** $27.88 $24.13 $ $ $ $ * The ISP cost per day represents expenditures associated with Day Resource Centers. ** During FY 1998 two contracts were in effect with different rates. In both cases, the contractor billed below the contract rate for several statewide locations. The contract rate shown in FY 1998 represents the average statewide cost. Electronic Monitoring is used as a supplemental service in conjunction with ISP and SISP supervision. *** These two programs are expressed as a cost per year and represent supplemental services provided in conjunction with specialized caseloads. 14

17 Substance Abuse Felony Punishment Facility Program (SAFP) Average Cost Per Day, Fiscal Years The Substance Abuse Felony Punishment Facility Program (SAFP) is an intensive substance abuse treatment program for offenders who have been sentenced as a condition of probation or a modification of parole or probation supervision requirements. The program consists of 9 to 12 months of intensive substance abuse treatment in a secure facility, followed by 3 months in a community residential facility and 3 to 9 months of outpatient counseling. The State Jail Division of the Texas Department of Criminal Justice is responsible for the administrative oversight of the SAFP program. The SAFP program involves all divisions of the Texas Department of Criminal Justice. Housing and security are funded by the Institutional Division. Aftercare services are provided by the Parole Division, and supervision after release from a SAFP is provided by the Parole or the Community Justice Assistance Divisions, depending on the offender s status. As of January 1998, eleven SAFP facilities operated 4,500 beds (includes 3,400 male beds and 1,100 female beds). Five hundred of these beds are designated specifically for parolees (includes 400 male beds and 100 female beds). At the end of September 1998, the SAFP population was 4,482. The cost per day per offender remains the same, regardless of how the offender was placed in the program. The reported cost per day represents the average cost to house and provide treatment to offenders while in a secure SAFP facility. The cost of treatment, housing, and supervision after release from a SAFP are not included here. Prototype SAFP Facility* Fiscal Year 1997 Fiscal Year Bed SAFP Facility (Havins Unit) $47.45 $46.94 * Population and cost figures for SAFP facilities are included in the Institutional Division s calculations. 15

18 III. Program Descriptions

19 Overview of the Juvenile Justice System Juvenile Justice System Texas Juvenile Probation Commission Texas Youth Commission The juvenile justice system is governed under civil law by Title 3 and Chapter 61 of the Texas Family Code and Title 10 of the Human Resources Code. The jurisdiction of the juvenile system extends to all youth who have engaged in alleged delinquent conduct or Conduct in Need of Supervision (CINS) on or after their 10 th birthday, but prior to their seventeenth birthday. Delinquent behavior is defined as a violation of law which is punishable by imprisonment or confinement in jail if committed by an adult. Juveniles who commit felony, Class A or B misdemeanors, and court violation offenses engage in delinquent behavior. CINS offenses include all Class C misdemeanors, city ordinance violations, inhalant offenses, and conduct applicable only to juveniles, such as running away and truancy. The state agencies responsible for providing juvenile justice services in Texas are the Texas Juvenile Probation Commission (TJPC) and the Texas Youth Commission (TYC). TJPC provides for funding, oversight, and technical assistance to county juvenile probation departments (JPDs) in Texas, while TYC is responsible for the custody and control of delinquent juveniles committed to state custody. Youth may be referred to the juvenile justice system by police agencies, schools, social agencies, parents, the Texas Youth Commission, or juvenile courts. Juveniles referred are disposed following the Progressive Sanctions Guidelines. These recommended guidelines outline seven different sanction levels, each more restrictive than the previous (See Table 2). Variables taken into consideration to establish the sanction a juvenile might receive involve severity of the offense and prior history. Dispositions may deviate from the guidelines if a different sanction is considered more appropriate for the juvenile. A youth who is adjudicated may be placed on probation or may be committed to TYC with either an indeterminate or, for certain specified offenses, a determinate sentence. If placed on probation, the youth may be placed in a residential facility or may remain in his/her home. The length of the probation term is set by the court and may not exceed the youth s eighteenth birthday. 19

20 Overview of the Juvenile Justice System Table 2 Progressive Sanctions Levels and Recommended Sanctions Offense Classifications Recommended Sanctions CINS Offenses Supervisory Caution Level 1 Class A or B misdemeanor (no weapon involvement) Delinquent Conduct under Section 51.03(a)(2) or (3): Deferred Prosecution Level 2 (Violations of court orders/contempt of Court) Expulsion (Sec (b)(6)) Any misdemeanor involving weapon use State Jail Felony Court Ordered Probation Level 3 Third Degree Felony Second Degree Felony Intensive Supervision plus Probation Level 4 First Degree Felony, not involving the use of a deadly Secure Residential Placement plus Probation Level 5 weapon or causing serious bodily injury Commitment to TYC Level 6 Capital Offense, First Degree Felony involving the use of a deadly weapon or serious bodily injury, Aggravated Controlled Substance Felony Determinate Sentence to TYC Level 7 Certification Juveniles committed to TYC with an indeterminate sentence are placed in a correctional facility, contract program, or halfway house and may remain under the jurisdiction of TYC until their twenty-first birthday. A determinate TYC sentence allows the court to sentence a juvenile to a term of up to forty years. The youth begins his/her determinate sentence in the juvenile justice system and may be transferred on or after their sixteenth birthday to the Texas Department of Criminal Justice Institutional Division (TDCJ-ID) to complete their sentence. Juveniles not transferred must serve a minimum length of stay before release to parole. A juvenile may also be certified to stand trial as an adult in the criminal court. Certification can occur for juveniles age 14 who have committed a capital or first-degree felony offense. Juveniles age 15 and 16 may be certified for any felony level offense. Once certified and convicted in adult court, the juvenile will always remains in the adult criminal justice system. 20

21 Texas Juvenile Probation Commission Texas Juvenile Probation Commission (TJPC) Community Supervision Residential Placement Detention JJAEP The mandate of the Texas Juvenile Probation Commission (TJPC) is to improve and extend juvenile probation services and early intervention programs statewide. Approximately 95% of the agency s appropriation is passed through to local juvenile boards and to the county juvenile probation departments which provide direct services to youth and their families. Texas counties continue to provide the majority of funds for juvenile services (approximately 68% in 1997). During that year, 87,712 youths were referred to juvenile probation departments for a total of 126,132 referrals. There were 21,436 juveniles on court ordered probation at the end of the year, and an additional 9,539 on deferred prosecution. In 1995, the Texas Legislature enacted a sweeping reform of the juvenile justice laws. The Juvenile Justice Code provisions of the Texas Family Code now require juvenile courts, prosecutors, and probation officers to follow a more systematic and uniform procedure in handling young offenders. The centerpiece of the new Code is Progressive Sanctions Guidelines, which provides for increasing levels of supervision as the seriousness and repetitiveness of offenses increase. The traditional juvenile services of intake, informal adjustment (now deferred prosecution), probation, ISP, and residential placement can now be associated with separate levels within Progressive Sanctions. Community Supervision Juveniles placed on Community Supervision are those under the supervision of the juvenile department who reside in their homes. Levels 1-4 of the Progressive Sanctions guidelines are covered in this category (Supervisory Caution, Deferred Prosecution, Court Probation, and Intensive Supervision). With the exception of supervisory caution, juveniles on community supervision are supervised by juvenile probation officers and may receive services from the department. All juveniles may be referred to services outside the department. Residential Placement Residential placements include post-adjudication facilities, residential treatment centers, and all other out-of-home placements. The cost per child per day is the average cost of all contract placements statewide, including community corrections diversion placements. 21

22 Texas Juvenile Probation Commission Detention Detention refers to facilities operated by county juvenile boards that are used for secure holding of juveniles, prior to or after a hearing. The length of stay is usually short (9.7 days per placement in 1997). Detention costs presented here include detention services provided to TYC at no cost. Juvenile Justice Alternative Education Program (JJAEP) JJAEPs were created to deal with the educational and supervisory needs of juveniles who have been expelled from public schools. The legislation requires that the juvenile boards establish programs in all counties with a population above 125,000. The Education Code governs the types of offenders who must be served in JJAEPs. Funding for mandatorily expelled juveniles comes from the state. Juveniles expelled at the district s discretion may attend a JJAEP, but the local district must pay for the placement. Other State Programs Other state programs are non-residential services that a juvenile may receive in conjunction with supervision or residential placement. These services vary according to the needs of the child and may include substance abuse treatment, group and individual counseling, educational and vocational training, family services, crisis intervention, drug testing, and electronic monitoring. All costs for these services are included in the cost of community supervision. In addition to supervision and residential services, TJPC also funds the Border Children Justice Project. The Border Children Justice Project began in 1985 as a means to address crime problems unique to the Texas/Mexico border and to respond to the needs of Mexican children who violate United States laws. 22

23 Texas Youth Commission Texas Youth Commission (TYC) Institutional Facilities Halfway Houses Residential Contract Care Independent Living Parole Supervision The Texas Youth Commission (TYC) is responsible for the care, custody, and control of juveniles adjudicated delinquent and committed to state custody. These youth are committed for offenses which they commit while between the ages of 10 and 16 and are generally the state s most chronically delinquent and disturbed youth. Juveniles committed to TYC may remain under TYC supervision until their twenty-first birthday. All TYC youth go through a comprehensive rehabilitation program called Resocialization. This program includes education, correctional therapy, discipline training, and work. To earn parole, youth must complete minimum lengths of stay and demonstrate mastery of Resocialization objectives. Specialized Parole Resocialization begins on the first day a youth enters TYC s assessment and orientation unit and continues until a youth s discharge from TYC. The average daily population of TYC during FY 1998 was 7,617 youth. This population includes youth in secure correctional facilities, secure and non-secure contract care, halfway houses, independent living, and youth on parole. Institutional Facilities TYC currently operates fourteen secure institutional facilities throughout the state. These facilities provide maximum supervision and security in a residential setting. Provisions are made for all the basic needs of youth including medical, nutritional, safety, youth rights, treatment, and educational services. Halfway Houses TYC currently operates nine halfway houses throughout the state. The halfway house system is designed to provide moderately restrictive programming in a residential setting. Youth transition primarily from a high level restriction program to a halfway house pending release to the community on parole. Youth on parole who require additional supervision due to unsatisfactory performance may also be placed in a halfway house. Youth are required to maintain participation in constructive activities such as community service, employment, and educational programs while in residence. 23

24 Texas Youth Commission Residential Contract Care Residential contract care provides residential services and treatment for juveniles. Contract services are monitored for contract compliance, service delivery, and performance. Independent Living The independent living preparation and subsidy program assists juveniles who need specialized training in order to live independently of parental/guardian support or supervision. The preparation program consists of an eight week adult skills training program. Youth must complete adult skills training, do community service, find employment, save money, participate in special offender treatment, and submit an approved transition plan. Youth who transition to independent living may receive financial assistance for up to six months if they continue to meet all performance expectations. An aftercare worker supervises youth during this transition through weekly personal contact. Parole Supervision Juveniles leaving an institutional facility, contract program, or halfway house return to their home and are placed on parole status. Parole officers monitor the behavior of youth to ensure compliance with parole rules. If youth do not abide by the conditions of parole, parole officers may implement strong sanctions, up to and including parole revocation. Parole officers may provide assistance in school enrollment and attendance, make referrals for social services, treatment, crisis intervention and management, and guide youth through the continuation of the Resocialization program. Specialized Treatment Services In addition to the basic juvenile corrections services found in TYC secure facilities, halfway houses, contract programs, and aftercare, TYC also offers specialized treatment programs for youth with identified special needs. Specialized treatment includes programs designed specifically for the treatment of sex offenders, substance abusers, emotionally disturbed youth, capital offenders, and mentally retarded offenders. Specialized Parole Specialized treatment begun in secure institutional facilities is continued through a youth s transition to the community. Once released to aftercare, a youth may be required to attend a specialized treatment program as a condition of parole. 24

25 Overview Of The Adult System Texas Department Of Criminal Justice Community Justice Assistance Division (TDCJ-CJAD) State Jail Division (TDCJ-SJD) Institutional Division (TDCJ-ID) Parole Division (TDCJ-PD) The adult criminal justice system is governed by the Texas Code of Criminal Procedure. To fall under the jurisdiction of the adult criminal justice system, a person must be at least seventeen years of age and have committed a misdemeanor or felony offense. Persons at least fifteen, and in some instances, 14 years of age, may be prosecuted in the adult system if they have been certified as adults by the juvenile court. Supervision and services are provided to adult offenders by the Texas Department of Criminal Justice (TDCJ) and by local jurisdictions throughout the state. TDCJ has four divisions with responsibilities in the supervision of offenders: Community Justice Assistance Division, State Jail Division, Institutional Division, and the Parole Division. An individual placed on pre-trial or pre-sentence release, deferred adjudication, or regular community supervision (probation) receives supervision and services from local Community Supervision and Corrections Departments (CSCDs) throughout the state. Funds for supervision services are distributed through the Community Justice Assistance Division (CJAD). Community corrections programs are available to all misdemeanor and felony offenders placed on community supervision. Probation supervision and deferred adjudication allow a judge to suspend the imposition of a prison or jail sentence and place an offender under community supervision. Misdemeanor offenders may be placed under supervision for no more than two years, except under special circumstances in which the judge may extend the supervision for a period not to exceed five years. Felony offenders may be placed on supervision for no more than ten years. Supervision for sex offenders may be extended up to ten additional years in certain circumstances. All offenders under community supervision are required to abide by all court ordered sanctions which include paying a monthly supervision fee, reporting to their officer, paying restitution, and participating in all required treatment programs. Failure to abide by the rules of community supervision may result in the modification, extension, or revocation of supervision. The statutory basis for community corrections is contained in Article of the Texas Code of Criminal Procedure. 25

26 Overview Of The Adult System An offender convicted of a state jail felony may be sentenced directly to a state jail for a period of up to two years or may be placed on community supervision for a period not to exceed five years. A community supervision sentence may require up-front time in a state jail facility for up to one year. While on community supervision, an offender s sentence can be modified for placement in a state jail as a modified condition of community supervision. The sentence may also be revoked or extended for a period not to exceed an additional five years. The maximum term of incarceration in a state jail facility, under any circumstance, is two years. The State Jail Division maintains custody over offenders who commit state jail felony offenses and are sentenced to a state jail. The majority of the state jail offender population is under community supervision administered by the local CSCD. The Institutional Division maintains custody over offenders sentenced to prison. Only offenders convicted of a felony offense may be sentenced to prison. Prison sentences vary in length according to the felony level of the convicted offense and range from two years to life in prison, or death. Inmates released from the Institutional Division prior to the completion of their sentence receive supervision and services from the Parole Division. Offenders are eligible for release to parole when their calendar time plus good conduct time equals one-fourth of their maximum sentence or fifteen years, whichever is less. Offenders convicted of an aggravated (3G) offense must serve at least 50% of their sentence or 30 years, whichever is less, but no less than two years before they can be considered for parole. The Parole Division also supervises offenders who have been released on mandatory supervision. A release on mandatory supervision is discretionary and occurs when an offender s actual time plus good time credits equal their sentence. Mandatory supervision release is available for non-violent offenders only. All offenders on parole or mandatory supervision are required to pay a monthly supervision fee, contact their parole officer at least once a month, and participate in all required treatment programs. Failure to abide by the conditions of parole may result in the revocation of parole and the return of the offender to prison. The statutory basis for parole is contained in Article of the Texas Code of Criminal Procedure and Government Code Chapter

27 Community Justice Assistance Division Community Justice Assistance Division (TDCJ-CJAD) Basic Supervision Electronic Monitoring Restitution Centers Court Residential Treatment Centers Substance Abuse Treatment Facilities The Community Justice Assistance Division of the Texas Department of Criminal Justice (TDCJ-CJAD) provides funding for community supervision services (formerly known as adult probation) through the disbursement of state aid to 122 Community Supervision and Corrections Departments (CSCDs) throughout the state. The division is responsible for establishing uniform state standards and guidelines for community supervision and corrections. TDCJ-CJAD does not directly administer programs or provide supervision to offenders. However, funding provided through the division allows local CSCDs to develop and operate supervision services, programs, and residential facilities that comply with TDCJ-CJAD community correction standards and guidelines. CSCDs deliver programs and services to adults placed on pre-trial supervision, deferred adjudication, or are convicted and placed on community supervision. Community corrections services are funded by the state, by local governments, and through the collection of community supervision court-ordered fees. State expenditures for community corrections are associated with executive administration, central administration, performance tracking, monitoring, budget review, technical assistance, training, state aid funding, and grant programs. TDCJ-CJAD disburses state aid funding and grants to CSCDs from legislatively defined funding categories. These categories are Basic Supervision, Diversion Programs (DP), Community Corrections Programs (CCP), and, more recently, the Treatment Alternatives to Incarceration Program (TAIP). Basic Supervision funds are distributed to the CSCDs based on two factors: (1) The number of misdemeanor offenders placed on supervision during the funding period ($0.67 per day for 182 days each), and (2) The total number of direct and pre-trial felony offenders. DP is grant funding distributed on a competitive basis for residential and nonresidential programs aimed at diverting community supervision populations from incarceration. CCP funds are distributed based on equally weighting the number of felons directly supervised and the total population of the counties in the CSCD s jurisdiction. TAIP funding is distributed to individual or regional CSCD applicants as grant funding to provide screening, assessment, referral, and treatment services to offenders identified as having substance abuse treatment needs. All funding types are used to implement and enhance community supervision programs and services. 27

28 Community Justice Assistance Division Major Program and Funding Types Listed below are CJAD services/facilities and the funding sources for each. Funding Types Basic Program Type DTP CCP Supervision TAIP Basic Supervision Boot Camps Court Residential Treatment Centers Facilities For The Mentally Impaired Intermediate Sanction Facilities Restitution Centers Substance Abuse Treatment Facilities Substance Abuse Services and Treatment Intensive Supervision Probation Specialized Caseloads Surveillance Supervision Electronic Monitoring Academic Education Programs Non-Academic Education Programs Battering Intervention and Prevention Programs Community Service Restitution Day Reporting Centers Day Resource Centers Employment Services Pretrial Services Halfway Houses Counseling Only Programs Ignition Interlock Sex Offender Programs 28

29 Community Justice Assistance Division At the end of August 1998, 111,469 misdemeanants and 164,736 felons were under direct community supervision, for a total of 276,205 offenders. Direct supervision includes all offenders receiving a minimum of one face-to-face contact every three months. Offenders under pre-trial community supervision, which includes individuals receiving court-approved pretrial supervision or pre-trial diversion services, totaled 9,280. As of August 1998, 155,125 offenders were under indirect community supervision. Indirect supervision includes offenders transferred to another state, those who report by mail, absconders, and offenders incarcerated in jail, prison, or state jail (not revoked). Basic Supervision Community supervision encompasses the delivery of basic supervision, services, and programs to misdemeanants and felons placed on pretrial release, deferred adjudication, or convicted and placed on community supervision. The level of supervision and services an offender receives is dependent on individual need and the level of risk the offender poses to the community. Risk and need levels are determined by administering the Texas Case Classification and Risk Assessment instrument. A case management system categorizes the level of supervision based on the three risk/need categories: high, medium, and minimum. Some jurisdictions use a fourth intensive category that is locally defined. The supervision of offenders can be reduced or increased as the offender s behavior and needs merit. Supplemental services and supervision tools can also be incorporated into each supervision level at the discretion of local departments. Such services and tools include electronic monitoring, surveillance supervision, urinalysis, adult education programs, life skills training, employment programs, and substance abuse counseling. Specialized Supervision High risk and/or special needs offenders on community supervision may be placed in specialized supervision caseloads. These caseloads extend the most restrictive non-residential supervision to high-risk offenders and provide for the special needs of offenders with high needs. Specialized caseloads are highly structured and require a higher intensity of supervision, contacts, and assessments than that of basic supervision. Specially trained officers supervise caseloads of individuals. Specific specialized supervision caseloads include the Intensive Supervision Program (ISP), Specialized Caseloads, and Surveillance Caseloads. 29

30 Community Justice Assistance Division Electronic Monitoring Electronic monitoring involves the close monitoring of an offender s activities, including compliance with curfews, through the use of various types of monitoring equipment. The technology is designed to keep an offender under close surveillance. Electronic monitoring is usually used as a supervision tool in conjunction with specialized supervision programs as well as in the following circumstances: During the personal bond or pretrial release period, in lieu of confinement in a county jail, during the appeal of a bond, in criminal nonsupport cases, or in lieu of revocation. Residential Programs Community residential programs provide the courts with a sentencing alternative designed to provide sanctions, services, and programs to modify criminal behavior, deter criminal activity, and protect the public. Placement of eligible offenders into residential facilities can be achieved through an order of the court. The residents continue on direct community supervision. Facilities may be operated by the CSCD, by the county sheriff, or funded through contracts with other entities. Court Residential Treatment Centers (CRTC) A CRTC provides 24-hour supervision and specialized treatment to offenders for substance abuse, alcohol dependency, mental health deficiencies, and emotional/family problems. Education, employment, and life skills training are usually included in the treatment programs. The services and treatment provided through the CRTC are those which best address the problems and needs of offenders targeted within a community or region. Restitution Centers (RCs) Non-violent offenders are usually placed in RCs because they have failed to pay court-ordered restitution payments and have a history of unemployment. Residents learn employment skills, work full time, perform community service restitution, and attend educational and rehabilitative programs. Their income covers restitution to victims, court ordered fines and fees, familial obligations, and part of the cost of room and board. A resident may remain in a restitution center for up to 24 months or until he/she has made significant progress toward compliance with all conditions of community supervision and has completed program requirements for release back into the community. Substance Abuse Treatment Facilities (SATFs) An SATF is a residential community corrections program that provides 24-hour supervision and specifically treats offenders who engage in chemical abuse. Treatment and rehabilitation are the primary philosophies behind services provided through SATFs. Services not only include substance abuse treatment, but also educational and vocational skills training as well as 24-hour supervision. All services are delivered in accordance with TDCJ-CJAD Substance Abuse Treatment Standards. In addition to being 30

31 Community Justice Assistance Division identified as a special needs offender, eligibility requirements for placement into a SATF are delineated in TDCJ-CJAD Standards and the Texas Code of Criminal Procedure. Other Residential Programs In addition to these facilities described above, CSCD residential programs include Local Boot Camps, Facilities for the Mentally Impaired, Intermediate Sanction Facilities, and Halfway Houses. Non-Residential Programs Non-Residential Programs provide services to offenders in conjunction with community supervision. Specific services may be provided through Counseling Only Programs, Academic Educational Programs, Non-Academic Educational Programs, the Domestic Battering Intervention and Prevention Program (BIPP), Domestic Violence Program (Non-BIPP), Community Services Restitution, Day Reporting Centers, Day Resource Centers, Employment Programs, Substance Abuse Programs, and the Sex Offender Continuum of Care. Treatment Alternatives to Incarceration Program (TAIP) The 74th Legislature transferred the responsibility of TAIP from the Texas Commission on Alcohol and Drug Abuse to TDCJ-CJAD. This program provides community-based screening, assessment, referral, and treatment to offenders whose offense is related to substance abuse. The initiative was expanded from the largest six counties to a state-wide initiative. As of 1998, TDCJ-CJAD funded TAIP grants to 50 CSCDs servicing 112 counties. Additional grant applications are reviewed during each funding cycle to further expand the initiative. CSCDs are encouraged to apply with other CSCDs, creating regional TAIP programs. Services funded with TAIP grants are: screening, assessment, referral, detoxification, out-patient individual counseling, out-patient group counseling, residential, and intensive residential programs. Residential programs can be contracted services or residential facilities funded by TDCJ-CJAD and operated by a CSCD. Pre-trial Services Pretrial services are defined as any program that provides supervision or services to an individual charged with a criminal offense at the pre-adjudication level (does not include offenders on deferred adjudication community supervision). These programs may include testing for controlled substances, substance abuse treatment (inpatient or outpatient), electronic monitoring (home confinement), or community supervision for up to one year. Pretrial services may be provided by a CSCD or a separate local agency created specifically for the provision of these services. The specific conditions which the defendant must follow while under pretrial supervision are established by the judge. If a defendant violates a condition of pretrial release, the judge may revoke the release bond and order the defendant rearrested. 31

32 State Jail Division State Jail Division (TDCJ-SJD) State Operated Facilities Privately Operated Facilities The State Jail Division (SJD) of the Texas Department of Criminal Justice is responsible for the care and custody of offenders sentenced to state jails in Texas. The State Jail Division oversees the development, implementation, operation, and management of facilities located in 13 regions across the state. All state jail facilities offer, at a minimum, programming in the areas of education, work, rehabilitation (i.e., substance abuse education/cognitive skills) and recreational programs. State jails serve offenders convicted of state jail felonies. Originally, offenders convicted of a state jail felony were automatically placed on community supervision and could receive up-front time in a state jail as a condition of supervision. Legislative changes made adjustments to the state jail program allowing for direct sentencing to state jail facilities, regardless of prior conviction record. As in previous years, if the offender is placed on community supervision, he or she may be revoked to a state jail facility if the conditions of community supervision are not being satisfactorily met, or may receive up-front state jail time (up to one year) as a condition of community supervision. Whether sentenced directly or revoked, the maximum sentence length to a state jail facility can not exceed two years. Two types of facilities exist within the state jail system; state operated facilities and privately operated facilities. At the end of Fiscal Year 1998, there were twelve state operated facilities and six privately operated facilities in operation across the state, providing a total of 25,161 beds. The State Jail Division works closely with the Community Justice Assistance Division (TDCJ- CJAD), who serves as their liaison with local Community Supervision and Corrections Departments (CSCDs) that have state jail facilities in their region. TDCJ-CJAD provides technical assistance, training, and support for the state jail initiative. The State Jail Division is also responsible for the administrative oversight of the Substance Abuse Felony Punishment (SAFP) Program. Offenders placed in the SAFP facilities receive nine to twelve months of intensive substance abuse treatment and services, followed by six to twelve months of aftercare. This program is available to offenders convicted of non-violent felonies with crime related substance abuse problems. 33

33 State Jail Division At this time, state jail facilities house both transfer inmates from TDCJ-ID, as well as state jail inmates. These two populations cannot be housed together, so state jails typically operate at 95% capacity. Because staffing patterns and services offered to both of these populations are similar, the operational cost of facilities housing only state jail felons would be comparable to the cost of the mixed population. The cost per day here is reported as the cost per day per inmate housed in state jails. At the end of August 1998, approximately 40% of the state jail population were state jail felons. 34