Briefing to Texas State Officials

Texas Justice Reinvestment:
Outcomes, Challenges and
Policy Options to Consider

March 2011
Dr. Tony Fabelo
Director of Research

Council of State Governments Justice Center

1

Outline

Justice
Reinvestment

Outcomes

Challenges in 2011

Council of State Governments Justice Center

• Texas 2007 Legislative Initiatives as
Model for Nation

• Costs Down, Public Safety Up

• Need Plan to Address Challenges

2

Texas Challenge in Legislative Session of 2007

Council of State Governments Justice Center

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Growth in 2007 Was Driven Mainly by Impact of
Policies Not Increases in Crime or State Population
Growth in Probation Revocations
17% increase in probation revocations between 1997 and 2006 and
fewer people being placed on probation during that period

Program Waiting Lists Backlogging Prison Releases
Over 2,000 state prisoners eligible for releases pending availability of
space in community-based and in-prison treatment programs

Parole Board Not Meeting its Guidelines
Actual parole rates for low-risk offenders were not met by the parole
board reducing prison releases by over 2,000 inmates

Council of State Governments Justice Center

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Expansion of Community Sanctions and Treatment
Options Directed at Averting Projected Growth

Council of State Governments Justice Center

5

Averted Costs of Almost One-Half Billion Dollars as
Result of “Justice Reinvestment” Policies

Increased Diversion Funding

Reduced and Later eliminated

Requested vs. Final Funding

Prisons Were Not Approved

Council of State Governments Justice Center

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Expansion of Treatment and Diversion Programs
Saved Money and Slowed Prison Population Growth

Actual p
population
p
in
2010 was 155,022

Council of State Governments Justice Center

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Work in Texas is a Model for Justice Reinvestment
Work Across the Nation

Council of State Governments Justice Center

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Texas Model Touted by National Leaders
February 8, 2011 Press Release
Announcing Report:
Senator Cornyn said,
“These strategies helped my home state of
Texas save nearly a quarter of a billion
dollars and identify and improve existing
treatment, mental health and diversion
programs that led to significant
reductions in probationers' and parolees'
being returned to prison,” said Senator
Cornyn.
“This is the roadmap to the better
outcomes that we’ve been seeking.”

Council of State Governments Justice Center

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Justice Reinvestment States

Council of State Governments Justice Center

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Outline

Justice
Reinvestment

Outcomes

Challenges in 2011

Council of State Governments Justice Center

• Texas 2007 Legislative Initiatives as
Model for Nation

• Costs Down, Public Safety Up

• Need Plan to Address Challenges

11

Bottom Line Outcomes
Improved Public Safety at Reduced Costs

More Texas Residents but Lower Crime Rate
No Growth in Prison Population
Increased Diversions to Community Punishments
More Probationers but No Increase in Failure Rate
More Parole Releases but Fewer Failures

Council of State Governments Justice Center

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State Population Up But Crime Rate is Down Since
2007

State Population Up
2%

Crime Rate Down
1%
The crime rate in 2009 was the lowest
since 1974
Council of State Governments Justice Center

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Crime Rate Has Declined as State Population Has
Increased

Council of State Governments Justice Center

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Revocation Rate of Probationers Lowest Since 2004

Council of State Governments Justice Center

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More Probationers and Fewer Technical Probation
Revocations to Prison
2005 Legislative Session restored funding
and added $55.5 million per biennium to
reduce probation caseloads and provide
additional residential treatment beds

Council of State Governments Justice Center

2007 Legislative Session adopted Justice
Reinvestment package with further
probation system
y
enhancement to the p

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Parole Decisions Better Matching the Expectations
Set by the Parole Guidelines

Council of State Governments Justice Center

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More Parole Considerations and More Inmates
Approved for Parole Release

Council of State Governments Justice Center

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Fewer Parole Revocations to Prison

Council of State Governments Justice Center

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In 2010 Texas Had the Lowest Parole Revocation Rate
This Decade

Council of State Governments Justice Center

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Low Percentage of Technical Parole Revocations

Council of State Governments Justice Center

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Low Recidivism Increased Public Safety

Council of State Governments Justice Center

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Cost-Effectiveness of Programs Improving Due to
Declining Recidivism Rates
Treatment Sanctions in lieu of Prison Revocations

Mainly for Probationers

Council of State Governments Justice Center

Mainly for Parolees

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Outline

Justice
Reinvestment

Outcomes

Challenges in 2011

Council of State Governments Justice Center

• Texas 2007 Legislative Initiatives as
Model for Nation

• Costs Down, Public Safety Up

• Need Plan to Address Challenges

24

HB1/SB1 Budgets Not a Cohesive Policy and Plan is
Needed to Address Potential Prison Bed Shortfall
Prison Capacity
Shortfall of 5,000 to
9,000 Beds Likely by
2013*

No Policy Proposals
are Being Promoted
to Reduce Demand
for Prison Space

4rd
Shortfall

3rd
Shortfall

HB1/SB1 Funding
Decommission
Prison Beds Which
Will Reduce Prison
Capacity

HB1/SB1 are Based
on LBB June 2010
Prison Population
Projection Which is
Lower than January
2011

HB1/SB1 Reduces
Funding for
Diversion Programs
Which Will Increase
Demand for Prisons

1st
Shortfall

2nd
Shortfall

* The LBB is in charge of conducting the official impact analysis for the legislature and at the time of this report the
agency has not issued an analysis of the impact of HB1 and SB1on the projected prison population. The methodology
used here approximates the methodology of the LBB based on prior work with the agency in this area.
Council of State Governments Justice Center

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Budget Based on Lower Prison Population Estimates
of June 2010 Instead of Most Recent Jan. 2011

FY

Prison Bed
Shortfall

HB1 and SB1 Bill
“Funded” Prison
Population
p

LBB Projected Prison
Population
No Budget
g Cuts

“Funded” Minus
LBB Projected

2012

153,484

156,430

- 2,946

2013

153,299

157,321

- 4,022

LBB Prison
Population Projection
of June 2010

Council of State Governments Justice Center

LBB Prison Population
Projection of January
2011

“Built-in”
Shortfall in
SB1/HB1

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Diversion Program Cuts Will Increase Demand for
Prisons While Budget Also Reduces Prison Capacity

Reduction in Funding
for Treatment and
Diversions

Proposed Prison Bed Reductions
House Bill

Senate Bill

House Bill

4,260 beds

2,860 beds

Approx. $162 million

Central Unit plus
privately contracted
units

Central Unit plus
privately contracted
units

Senate Bill
Approx. $67 million

Impact
R d
Reduce
prison
i
capacity
i
Impact
Increase demand for
prison space
p
p

Council of State Governments Justice Center

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Fewer Diversions from Prison Are Expected Due to
Cuts in Residential and Treatment Programs

Yearly Diversions
Baseline Capacity

Yearly Diversions
After Proposed HB1
Cuts

Yearly Diversions
After Proposed SB1
Cuts

19,341

14,706

16,589

4 635
4,635

2 752
2,752

Additional demand for p
prison
beds per year due to cuts

* Diversion calculation = capacity * turnover rate – “expansion of the net widening factor” – recidivism
Formula used as part of the prior CJPC projection model and present LBB projection model (see Appendix for example)
** Diversion programs used for calculation are: Intermediate Sanctions Facilities (ISFs), Substance Abuse Felony
Punishment (SAFPs), Residential Treatment in community, Half-way Houses, In-prison Therapeutic Community (IPTCs),
and DWI Treatment Facility.
Facility Some other outpatient treatment programs were also reduced in HB1/SB1 but the impact of
that reduction is not estimated here. (See Appendix for detailed tables on cuts and impact)

Council of State Governments Justice Center

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Prison Bed Shortfall is Likely in 2013 Given the
Present Structure of the Budget Proposals

FY

Prison Bed
Shortfall
“B ilt i ”
“Built-in”
HB1/SB1
Proposals

Yearly Increase in
Demand Due to
Proposed HB1 Cuts in
Diversion Capacity

Yearly Increase in
Demand Due to
Proposed SB1 Cuts in
Diversion Capacity

2012

2 946
2,946

4,635

2 752
2,752

2013

4,022

4,635

2,752

Potential Prison Bed Shortfall
Prison Bed
Shortfall

Prison Bed
Shortfall

House

Senate

2012

7,581

5,698

2013

8,657

6,774

FY

*Built-in Prison Bed Shortfall + Increased Demand Due to Proposed Diversion Cuts
Council of State Governments Justice Center

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Potential 2013 Prison Bed Shortfall is Aggravated by
Proposed Prison Closings

Potential Prison Bed Shortfall
FY

Prison Bed
Shortfall

Prison Bed
Shortfall

H
House

S
Senate

7,581

5,698

2012

8,657

2013

R d
Reduce
Size
Si
off Cuts
C t
or

6,774

Proposed Prison Bed Reductions
House Bill

Senate Bill

4,200 beds

2,860 beds

Council of State Governments Justice Center

Options

Change Policies to
Reduce Demand for
Prison Space

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Example of Potential Policy Options to Consider to
Reduce Demand for Prison Space
Option 1
Adopt policies to implement LBB Performance Report
recommendations*
Establish a supervised re-entry program for those presently
released from prison after completing their sentences
(SB 1948 of 2009)

Option 2
Reintroduce SB 1909 from 2007 and passed by Senate that
requires
i
mandatory
d t
probation
b ti
and
d ttreatment
t
t ffor llow llevell
drug possession

Option 3
(Shock Probation Technical Revocations)
Cap the time in prison for property and drug offenders
revoked to prison for a probation technical violation to no
longer than 12 months

Free up about 1,800
prison beds in 20122013 and reduce
prison population by
over 9,000 per LBB
estimates
In 2007 LBB estimated
five year savings of
over $500 million
Texas Public Policy
Foundation and Texas
Association of
Business recommends
passage in 2011-2012
May ffree up 6,000
M
6 000
prison beds
(Pending further
analysis)

* Option 1, LBB, January 2011 Texas State Government Effectiveness and Efficiency , page 333-345

Council of State Governments Justice Center

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Thank You

CONTACT

Dr. Tony Fabelo
Dr
Austin Office
tfabelo@csg.org

This material was prepared for the Justice Reinvestment project briefing for Texas state officials. The presentation was
developed by members of the Council of State Governments Justice Center staff. Because presentations are not subject to
the same rigorous review process as other printed materials, the statements made reflect the views of the authors, and
should
h ld not be
b considered
id
d the
h official
ffi i l position
ii
off the
h Justice
J
i Center,
C
the
h members
b
off the
h Council
C
il off State
S
G
Governments,
or
the funding agency supporting the work.

Council of State Governments Justice Center

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Appendix 1: Diversion Programs

Parole Board
Judges and
Prosecutors
Low Risk Drug or
P
Property
Offender
Off d
Low Risk Drug or
Property Offender

Punish in local
sanction facilities or
local treatment secure
facilities instead of
sentencing to prison

Council of State Governments Justice Center

Substance abuse
treatment and re-entry
preparation programs
inside prison allow the
P
Parole
l Board
B
d tto
increase their parole
approval rate

Intermediate Sanctions
Facilities outside
prison allow the Parole
Board to sanction
offenders
ff d
violating
i l ti
conditions of parole in
the community instead
of revoking them to
prison
p

Appendix 2: HB1 and SB1 Proposed TDCJ Budget
TDCJ Base Budget, 2010-2011
(GR Funding – Items Below – in Millions)

Incarceration

House

Senate

(in Millions)

(in Millions)

-$475.3

-$374.2

$4,784.2
71%

*Decommission
of about 4,260
4 260
prison beds

*Decommission
of about 2,860
2 860
prison beds

Community Supervision
Funding

$540.1
8%

-$109.6

-$59.4

Managed Health Care

$929.8
14%

-$222.7

-$222.7

-$27.6

-$9.7

-$29.3

-$8.7

-$864.5

-$674.7

Parole Releases, Supervision
and Residential

$309.2
5%
$156

Administration

Total Above

Council of State Governments Justice Center

2%
$6,719.3

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Appendix 3: Example of Diversion Calculation Used in
2007 and Still Applicable

Council of State Governments Justice Center

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Appendix 4: Diversion Funding and Capacity
Reductions

Additions
by the 80th
Legislature

Program / Funding
Diversion Program Residential Treatment Beds

2,545 Beds

Intermediate Sanction Facility Beds
In-Prison Therapeutic Community Treatment Beds
Substance Abuse Felony Punishment Treatment Beds

3,345 Beds

$10 0 mil
$10.0

$10 0 mil
$10.0

$5 0 mil
$5.0

$10 0 mil
$10.0

$30.8 mil

$10.0 mil

$40.8 mil

$22.5 mil

$35.0 mil

1,820 Beds

1,400 Beds

*2,721 Beds

2,026 Beds

2,279 Beds

537 Slots

1,000 Slots

1,537 Slots

922 Slots

1,322 Slots

3,250 Beds

1,500 Beds

3,954 Beds*

3,830 Beds

3,705 Beds

500 Beds

500 Beds

300 Beds

430 Beds

300 Beds

1,607 Beds

1,181 Beds

1,237 Beds

1,200
,
Slots

1,200
,
Slots

720 Slots

1,032
,
Slots

Driving While Intoxicated Treatment
Parole Halfway House Beds
State Jail Substance Abuse Program
g

Introduced Introduced
House Bill Senate Bill

800 Beds

Probation Outpatient Sub Abuse Treatment
Strategy B.1.1. Special Needs Projects (TCOOMMI)

TOTAL
Presently
Funded

1,307 Beds

2,659 Beds

3,050 Beds

* Intermediate Sanction Facility and Substance Abuse Felony Punishment Treatment bed capacity represent
the capacity after the FY 2011 budget reductions per TDCJ plans. This include 900 beds not opened in
Jones County and 424 beds in North Texas ISF contract that is not required to meet contract demand.
Source: TDCJ, Feb. 2011 spreadsheet and Summary of FY 2011 Budget Reductions
Council of State Governments Justice Center

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Appendix 5: Calculation of Impact of Funding
Reduction on Number of Diversions from Prison

Program / Funding
Diversion Program Residential Treatment Beds

Diversions
Per 100
B d /Sl
Beds/Slots
92

Probation Outpatient Sub Abuse Treatment

Not calculated

Strategy B.1.1. Special Needs Projects (TCOOMMI)

Not calculated

Diversions
Per Year
B
Baseline
li

Introduced
House Bill

Introduced
Senate Bill

3,044

2,420

2,775

Intermediate Sanction Facility Beds

268

7 292
7,292

5 430
5,430

6 108
6,108

In-Prison Therapeutic Community Treatment Beds

176

2,705

1,623

2,327

73

2,887

2,795

2,705

Driving While Intoxicated Treatment

104

520

312

447

Parole Halfway House Beds

180

2,893

2,126

2,227

19,341

14,706

16,589

4,635

2,752

Substance Abuse Felony Punishment Treatment Beds

State Jail Substance Abuse Program

Not calculated
Total

*Diversion factor calculated based on turnover rate, Yearly Fewer
estimate
ti t off percentt off target
t
t population
l ti that
th t are true
t
Di
Diversions
i
&
divertions and impact on recidivism. "Not calculated" Increased
rows are due to lack of research and the impact is not
Prison
counted.
Demand

Source: Justice Center, Feb. 2011
Council of State Governments Justice Center

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