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“conservative” politicians.
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Behind closed doors, they
ghostwrite
“model”
bills to
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and Economic
be introduced
in state
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capitols
across the country.
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by global corporations-includes
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and the super rich,
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wage,Services
and efforts to
weaken public health,
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safety, and environmental
protections.
Public Although
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of these
bills have become
law, until now, their origin
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ALEC’s’Corporate Board

By the Center for
Media and Democracy
www.prwatch.org

Home

work as “equals” in “unison” with politicians to write laws to govern your life. Big
MODEL LEGISLATION
ALEC INITIATIVES
PUBLICATIONS
Business
has “a VOICE TASK
and aFORCES
VOTE,” according
to newly exposed
documents. DO YOU?

Model Legislation

Public Safety and Elections

Recidivism Reduction Act

Summary

Did you know the
NRA--the National
Rifle Association-was the corporate
co-chair in 2011?

Research and practice over the past 25 years have identified new strategies and
policies that can make a significant dent in recidivism rates. Implementing these
research-backed programs and procedures is called "evidence-based practice."
This Act requires that a to-be-determined percent of offenders be supervised in
accordance with evidence-based practices within four years, as well as that a tobe-determined percent of state funds for offender programming be spent on
programs that are evidence-based within four years. This Act also requires
community corrections agencies to improve policies and practices for crime
victims, to provide employees training on evidence-based practices, and to set
aside a portion of funds for research on program effectiveness.

Legislation

Section 1. {Definitions.} In this title, the following words have the meanings
indicated.

(A) "Agency" means:

(1) The Department of Corrections or the state agency responsible for

supervising individuals placed on probation by the courts or serving a period of
parole or post-release supervision from prison or jail; and

--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

(2) Any regional, local or county governmental agencies responsible for supervising
individuals placed on probation by the courts or serving a period of parole or postrelease supervision from prison or jail, provided such agencies receive state
funding.

(B) "Evidence-based practices" means supervision policies, procedures, programs
and practices that scientific research demonstrates reduce recidivism among
individuals on probation, parole, or post-release supervision.

(C) "Community supervision" means:

(1) The placement of a defendant under supervision, with conditions imposed by a
court for a specified period during which:

(a) criminal proceedings are deferred without an adjudication of guilt;

(b) a sentence of imprisonment or confinement, imprisonment and fine, or
confinement and fine, is probated and the imposition of sentence is suspended in
whole or in part; or

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(2) The placement of an individual under supervision after release from prison or
jail, with conditions imposed by the releasing authority for a specified period.

(D) "Supervised individual" means an individual placed on probation by a court or
serving a period of parole or post-release supervision from prison or jail.

(E) "Supervision officer" means a person appointed or employed by the Agency to
supervise individuals placed on community supervision.

(F) "Criminal risk factors" means characteristics and behaviors that when
addressed or changed affect a person's risk for committing crimes. Scientific
research identifies these characteristics and behaviors as including: antisocial
attitudes, values, and beliefs; poor impulse control; criminal personality; substance
abuse; criminal peers; dysfunctional family; and lack of employment or education.

(G) "Case plan" means an individualized accountability and behavior change
strategy for supervised individuals that:

(1) Targets and prioritizes the specific criminal risk factors of the offender;

(2) Matches programs to the offender's individual characteristics, such as gender,
culture, motivational stage, developmental stage, and learning style;

(3) Establishes a timetable for achieving specific behavioral goals, including a
schedule for payment of victim restitution, child support, and other financial
obligations;

(4) Specifies positive and negative actions that will be taken in response to the
supervised individual's behaviors.

(H) "Program" means an intervention that:

(1) is intended to reduce recidivism by supervised individuals; and

(2) is funded in whole or in part by the state or administered by any agency of
state government;

(3) "Program" does not include medical services.

Section 2. {Implementation of Evidence-Based Practices to Reduce
Recidivism.}

(A) The Agency shall adopt policies, rules and regulations that within [four] years of
the effective date of this Act result in at least [X percent] of supervised individuals
being supervised in accordance with evidence-based practices.

(B) The policies, rules and regulations shall include:

(1) Adoption, validation and utilization of an objective risk and needs assessment
tool;

(2) Use of assessment scores and other objective criteria to determine the risk
level and program needs of each supervised individual, prioritizing supervision and
program resources for offenders who are at higher risk to re-offend;

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(3) Definitions of low, moderate and high risk levels during the period of
supervision;

(4) Development of a case plan, based on the assessment, for each individual who
is assessed to be moderate to high risk;

(5) Swift, certain, proportionate and graduated responses that an Agency employee
will apply in response to a supervised individual's compliant and non-compliant
behaviors;

(6) Caseload size guidelines that are based on offender risk levels and take into
account Agency resources and employee workload; and

(7) Establishment of protocols and standards that assess the degree to which
Agency policies, procedures, programs and practices relating to offender recidivism
reduction are evidence based.

(C) Within [four] years of the effective date of this Act, [X percent] of state monies
expended on programs shall be for programs that are in accordance with evidencebased practices.

(D) Within [four] years of the effective date of this Act, the Agency shall eliminate
supervision policies, procedures, programs and practices intended to reduce
recidivism that scientific research demonstrates do not reduce recidivism.

Section 3. {Improvement of Policies and Practices for Crime Victims.}

(A) The Agency shall adopt policies, rules and regulations that improve crime
victim satisfaction with the criminal justice system, including:

(1) Payment by supervised individuals of victim restitution and child support;

(2) The opportunity for victims to complete victim impact statements or provide
input into pre-sentence investigation reports;

(3) Providing victims information about their rights and services, and referrals to
access those rights and services;

(4) Offering victims the opportunity to complete a "victim satisfaction survey,"
with data used to measure Agency performance; and

(5) Facilitate victim-offender dialogue when the victim is willing.

Section 4. {Professional Development.}

(A) The Agency shall provide its employees with intensive initial and on-going
training and professional development services to support the implementation of
evidence-based practices.

(B) The training and professional development services shall include assessment
techniques, case planning, risk reduction and intervention strategies, effective
communication skills, substance abuse and other topics identified by the Agency or
its employees.

Section 5. {Data Collection, Analysis and Research.}

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(A) The state [Department of Corrections] shall allocate a minimum of [X] percent
of its operating budget to support data collection, analysis and research on
supervision and programmatic effectiveness.

(B) The state [Department of Corrections] may form partnerships or enter into
contracts with institutions of higher education or other qualified organizations for
assistance with data collection, analysis and research.

Section 6. {Agency Report.}

(A) By [March 1] of each year, beginning in 201X, the Agency shall submit to the
Governor, the Legislature and the judicial branch a comprehensive report on its
efforts to implement this Act. The report shall include:

(1) The percentage of supervised individuals being supervised in accordance with
evidence-based practices;

(2) The percentage of state monies expended for programs that are evidence
based, and a list of all programs with identification of which are evidence based;

(3) Specification of supervision policies, procedures, programs and practices that
were eliminated;

(4) The results of victim satisfaction surveys administered under Section 4 of this
title;

(5) The Agency's recommendations for resource allocation, and any additional
collaboration with other state, regional or local public agencies, private entities, or
faith-based and community organizations.

(B) The Agency shall make the full report and an executive summary available to
the general public on its website.

Section 7. {Severability Clause.}

Section 8. {Repealer Clause}

Section 9. {Effective Date}

Adopted by the Public Safety and Elections Task Force at the Spring Task Force
Meeting on April 28, 2010.
Approved by the ALEC Board of Directors on June 3, 2010.

Related Files

Recidivism Reduction Act (Microsoft Word Document)

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Center for
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quick summary:

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News

This bill subjects community-based corrections programs to new levels of reporting requirements, with the requirement
that programs be eliminated if they don't reduce recidivism. While accountability and evidence-based research are a
necessary part of any program, this bill may be directed at attacking and eliminating community-based corrections
programs (which reduce prison populations and could impact the profits of the Corrections Corporation of America, a
member of the Executive Committee of ALEC's Public Safety & Elections Task Force). It focuses exclusively on
recidivism, which ignores some of the other benefits of community-based corrections. A major shortcoming of
community-based release programs is that agencies lack resources to effectively supervise all participants, and this bill
would do little to change that.