LEGISLATIVE SESSION HIGHLIGHTS

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1 Vol.4, No.1 LEGISLATIVE SESSION HIGHLIGHTS A significant result of the session is the realization that members of the Legislature became better informed on community supervision programs and requirements. Though we did not accomplish every goal pursued, we are dedicated to the continual effort on behalf of increased resources for community supervision and the work of CSCD local departments and residential facilities. The following information presents highlights important to community supervision and corrections. and corrections departments (CSCDs). All fiscal years refunds received from CSCDs by TDCJ are appropriated in Strategies A.1.1., Basic Supervision, A.1.2., Diversion Programs, A.1.3., Community Corrections, and C.2.4., Substance Abuse Treatment. Any Basic Supervision refunds received in excess of $5,600,000 in fiscal year 2002 are hereby appropriated to TDCJ for Basic Supervision. Any Diversion Programs refunds received in excess of $2,300,000 in fiscal year 2002 are hereby appropriated to TDCJ for Diversion Programs. Any Community Corrections refunds November 2001 A Professional Journal for Community Supervision in APPROPRIATIONS Rider 42 Refunds of Unexpended Balances from CSCDs The Texas Department of Criminal Justice shall maintain procedures to ensure that the state is refunded all unexpended and unencumbered balances of state funds held as of the close of this biennium by local community supervision received in excess of $3,200,000 in fiscal year 2002 are hereby appropriated to TDCJ for Community Corrections. Any Substance Abuse Treatment refunds received in excess of $1,000,000 in fiscal year 2002 are hereby appropriated to TDCJ for the Treatment Alternative to Incarceration Program. cont. on the Insert page

2 SEIZE THE DAY Twenty years ago this past May, I started as an adult probation officer in San Angelo, Texas. Just out of college and new to the town, I began my job totally unaware of what a probation officer was supposed to do. I had a limited concept about the surroundings in which I would be operating. During those eight years of carrying a caseload, I made many decisions that have impacted me every day of my twelve years as deputy director of Tom Green County CSCD, deputy director of CJAD and now director of CJAD. In the 1980's we had few options in the supervision and treatment of offenders. To intervene with substance abuse problems, I relied on AA groups almost exclusively for my probationers - not exactly the most effective approach. In hindsight, my experience reinforced my belief that the heart of an effective community supervision system is a well-trained community supervision officer who has a manageable caseload and local sanctions to punish and treat individuals. Without all these elements in place, offenders will leave their communities to be a part of our state prison population. For a number of offenders this course of action occurs before posing a risk to public safety. Within a few years these offenders will return to their families and communities, but no benefit will have accrued to the offenders, their families or the communities. In fact, all parties will have lost. The last legislative session witnessed a strong interest in the front-end of the adult criminal justice system with resources focused on supporting the courts and local CSCDs in their public-safety and rehabilitative efforts. By now, you are familiar with the Mental Health Initiative and the approximately $14M targeted this biennium to benefit mentally impaired adult offenders on community supervision. They will be paired with specialized mental health supervision officers who can access case management services contracted through the local MHMRs with money from the Texas Council on Offenders with Mental Impairments. Through Rider 64 of the House Appropriations Bill, the Texas Department of Criminal Justice is budgeted for 150,006 inmates. When the inmate population falls below 145,006, the agency and the Criminal Justice Policy Council's savings plan comes to the fore. Approved by the Legislative Budget Board and the governor, the savings realized will be earmarked for community corrections residential beds (500 maximum), specialized caseloads and maintenance/repair of facilities. Departments will receive money for community corrections facilities and additional specialized-caseload priorities: community policing, aftercare, gang, cognitive-behavioral programs and other areas that are deemed important. At TPA and SKILLS, officers were forthcoming with suggestions germane to a number of profession-related issues. Clearly, managing the diverse elements of our job requires that the input of officers and chiefs be factored into the equation. The following legislative interim studies have resulted, in part, from these valuable suggestions. The Senate Finance Committee is to review revenue sources dedicated to the Crime Victims Compensation Fund and the purposes for which the fund is expended. The Senate Administration Committee is to study contract claims procedures. The Senate Criminal Justice Committee has several charges: Study Impact of Community Supervision's Revocation for Technical Violations on the State Prison Population Review Availability of Mental Health Services for Adult/Juvenile Offenders Review Rehabilitation Programs for Nonviolent Drug-Dependent Offenders Monitor/review TDCJ's Revised Inmate- Classification System and Good-Time Credit System Review Management/Oversight of Facilities of Private Prisons Recommendations on House Corrections interim studies include: A Study of Community Supervision Caseload Sizes A Study of Community Supervision Officer Salaries/Fringe Benefits (health insurance) Officer Retention Availability of Residential Services to the Courts throughout the State A Study of the Numerous Fees Assessed for Adult Offenders on Community Supervision and the Impact on Revocations to Prison With this legislative session, we succeeded in broadening legislators' recognition and understanding of our profession and its function. The interim studies provide us the means to continue our work and to inform legislators and other decision-makers about key issues. In order to actualize manageable caseloads, increase public safety of communities through better supervision of high-risk offenders, and increase the availability of rehabilitative services, we should seize each opportunity to present the case for community supervision and corrections. This can be done only with each and every one of our individual and collective efforts. Carpe Diem! Bonita White Director, TDCJ-CJAD TECHNICAL VIOLATIONS COMMITTEE: PROBLEMS AND SOLUTIONS By Bonita White, CJAD Division Director Formed to contend with the upsurge in technical revocations, the Technical Violations Committee, a localstate partnership, held its first meeting in September From 1994 to 2000, technical revocations increased 58.5 percent while revocations with a new offense alleged in the motion to revoke increased 9.6 percent. Technical revocations are the result of violations of court orders only (no new offense is alleged in the motion to revoke). Last year technical revocations from community supervision ran the state an estimated $220M in direct incarceration costs. The 30-member committee consisted of a statewide cross section of professional stakeholders including district and county judges, prosecuting and defense attorneys, CSCD directors and state agency officials. The committee was tasked with reviewing data and research, sharing individual perspectives, and surveying a broad range of criminal justice professionals regarding technical revocations. Among the findings: community supervision has residential capacity for only 4 percent of its active felony population. More than 7,000 felons on direct community supervision are estimated to be seriously mentally impaired. Yet, only 1,238 are reported to be in specialized caseloads for the mentally impaired. Surveyed district judges reported that their greatest need was for resources to deal with mentally impaired offenders. Additional specialized caseloads are needed for high-risk offenders who are young (17-19 years old), substance abusers, sex offenders, gang-affiliated, repeat DWI offenders or domestic violence offenders. By February 2001 the committee had distilled seven recommendations. 1. Expanded use of alternatives to revocation through increased state funding for various residential and nonresidential sanctions and treatments. 2. Swift, certain and graduated systems of sanctions, appropriate to the severity and frequency of the violation, for each and every violation of court orders. 3. Providing sentencing officials with information on available sanctions and treatments. 4. Written CSCD procedures specifying recommended supervision responses to violations of court orders. 5. Sentencing officials should conduct self-audits of their procedures for dealing with violations of court orders. 6. Additional research on the reason(s) for increased revocations for violations of court orders. 7. Dissemination to professional stakeholders in community supervision of empirical findings on what works and what doesn't work in reducing recidivism. OBSERVATIONS FROM JUDGE MARY ANNE BRAMBLETT OF THE 41ST DISTRICT COURT Judicial Advisory Council Vice-Chair and Member of the Technical Violations Committee Incarceration costs the state 20 times more than basic probation. Effective management of nonviolent offenders who violate conditions of community supervision without committing new crimes can be frequently addressed in the community without resorting to incarceration in prison. This goal can be achieved through alternatives to incarceration. Alternatives to incarceration in Texas include punishment for the violation as well as nationally recognized programs that change behavior. As presentations of recommendations were made to state legislators during the session, the committee learned instructive information for the future of community supervision. Legislators were not well informed about the role and importance of community supervision in the criminal justice system. Members of the committee and CJAD spent time with legislators and their aides to educate them on the public safety and financial benefits to the state of a well managed community supervision system. As the legislators became informed about community supervision, they displayed an enthusiasm for the concepts presented and the success attainable through the effective use of community supervision. The goal of community supervision is to maintain public safety, supervise offenders economically, and give the community a chance to assist in making a productive citizen. An effective tool in this endeavor is the use of alternatives to incarceration for the technical violator.

3 Community Action Corner Retirement Director Frank Davis of Nolan County CSCD has retired. He says that he'll spend eight or ten months taking care of his wife's list of "Honey, dos" and "While you're at its." Before entering the field of adult probation, he worked as a vocational agriculture teacher and as a vocational counselor at Sweetwater High School. Retirement plans include increased time with family, traveling, working in his shop and volunteering as tutor, mentor, substitute teacher, or another capacity for the Sweetwater ISD. Davis is especially interested in developing an anger management program for elementary school students. His motivation is based on his experience as a teacher/counselor/probation officer. As a probation officer he saw and worked with troubled young adults he'd known as troubled youngsters in school. He observed, "As a probation officer I got a second chance with my counseling failures." Before retiring from Sweetwater ISD, he was an important force in the development of the Alternative Project Spotlight By Jim Kester, Spotlight Administrator, Office of the Governor's Criminal Justice Division BACKGROUND Project Spotlight is a partnership of law enforcement, juvenile probation, and adult probation officers to provide high crime areas with a new tool to enforce the terms of probation. The teams provide intensive supervision and surveillance including evening and weekend visits to homes, schools, and jobs of probationers to ensure that conditions of probation are met. Key features of the program are small caseloads (10 to 15 probationers per officer) and frequent contacts (5 contacts weekly during the first month of supervision; 3 to 5 contacts weekly thereafter). Each county has three teams of three individuals - a juvenile probation officer, an adult supervision officer and a law enforcement officer - assigned to high-crime neighborhoods. These nine individuals form the Project Spotlight team and work together to increase the level of supervision for youths and young adults who are on probation. The team members coordinate their efforts, patrol together, share information with each other, and ensure that probationers are held accountable for their actions while in the community. Drug testing and electronic monitoring are integral parts of the program. Probationers are normally assigned to the program for six months. OTHER SERVICES Case management - Service plans are based on the individual needs of probationers and families. Plans may include: a) individual, group, and family counseling; b) case coordination; c) substance abuse testing, treatment, or referral; d) mental health referrals; e) progress and discharge reports; f) placement in education and employment programs; and g) preparation and transportation for court appearances. Family Development - Family development services will be established to provide parents with the necessary skills, resources, and support to strengthen family units. Referrals for services may include parent support groups, multifamily support groups, parenting workshops, and programs that promote responsible parenting among probationers. Learning Center in Hobbs, a community north of Sweetwater. With grants from the state and federal governments, the school district developed a mentoring program to support the center. Students named the mentoring program Helping Others Become Better Students. Wife Marilyn and Frank have been married 54 years and have two sons and four grandchildren. Although Davis enjoys hunting and fishing with his sons and grandchildren, his real pleasure is the family camaraderie that is the essence of these outings. A former polo player, he retains an enduring love for horses and equestrian sports. A US Navy veteran of World War II, Director Davis served in the Pacific until an injury returned him to San Diego just before the war's end. He is a member of Trinity Baptist Church in Sweetwater where he has been a deacon, taught Sunday School and is involved with the special needs program to help deserving children. Life Skills Development - Skills development will be emphasized for all Spotlight clients, including decisionmaking skills, social skills, physical fitness, health and personal hygiene, and educational and vocational assistance. Law Enforcement and Community Collaboration - Law enforcement officers will establish positive relationships with community leaders and residents in the Spotlight target areas. This will create trust and cooperation between the community and the police. The result will be valuable information shared with the police concerning the probationers' activities within their communities. SPOTLIGHT ON COMMUNITIES Another important feature of Project Spotlight is the sharing of information among all agencies whose programs and services are available in the counties served by Project Spotlight. The Governor's Criminal Justice Division convened 15 state agencies and organizations to explore common goals and identify existing programs for juveniles and adults, especially those that target the same neighborhoods served by Project Spotlight. The result is a comprehensive list of agencies, programs, and target groups with information on accessing those programs. A web site has been created to make that information widely available. Visit where you will find comprehensive information regarding Project Spotlight, including a description of the program in each county, a calendar of announcements, an electronic library, and links to numerous other web sites, such as funding and training resources. TRAINING AND TECHNICAL ASSISTANCE The Governor's Criminal Justice Division has awarded funds to the Corrections Management Institute and the Law Enforcement Management Institute at Sam Houston State University to create a Center for Project Spotlight. The Center will provide ongoing training and technicalassistance capability for Project Spotlight. Semiannual training fora are planned. Dual tracks will be available at each forum to meet both basic and advanced training needs. Training will be available to counties already participating in Project Spotlight and those interested in learning more about the program. Quarterly newsletters will be published to highlight accomplishments of Project Spotlight teams throughout Texas. Research monographs MILLION DOLLAR COMMUNITY Located in Elgin, the Bastrop County Restitution Center has achieved an impressive milestone: $1 million worth of community service restitution. Since the Center's opening in January 1989, more than 1,400 men and women have performed district court ordered community service restitution (CSR) in Elgin and the immediate area. The estimate of $1 million is based on 160,000 hours of labor, conservatively valued at $6.25 per hour. Elgin's business district has benefited greatly from the Center clients' many hours of litter control. Clients have provided services for varied civic groups: the adult day care center; the Elgin VFW Post 6115; the Greater Elgin Chamber of Commerce; the Down Home Ranch, a rural residential facility for persons with Downs Syndrome and other mental impairments; the Elgin Slovanska A Podporujice Jednota Spatu Texas Hall, i.e. the Slavonic Benevolent Order of the State of Texas Hall; and area cemetery associations. Lewis Rosenthal, director of the Bastrop County Restitution Center, recalls the time the Center's residents were called to help sift sand at the local Head Start Center. Because vandals had buried glass shards in the children's sand pile, CSR workers screened the sand meticulously to remove the glass. Director Rosenthal recalls this as just one of many uplifting accomplishments of the Center's clients. He observes, "Even though each one is ordered to do the work, they have maintained a good attitude and given of their spirit." will be published to raise awareness of the increasingly important field of law enforcement and corrections partnerships. EVALUATION The Criminal Justice Division has engaged the Criminal Justice Policy Council to evaluate Project Spotlight. The Council will work with the Governor's Criminal Justice Division and with Project Spotlight counties to develop outcome measures that accurately reflect the full range of the program's activities and accomplishments. PROGRESS Project Spotlight is in the seven counties designated by the Texas Legislature: Bexar, Dallas, El Paso, Harris, Nueces, Tarrant, and Travis. More than 500 adult and juvenile probationers are under close supervision and surveillance. They receive supportive services, including education and job training, individual and family counseling, and specialized services such as drug treatment. Prevention activities are open to all youths who live in neighborhoods served by Project Spotlight; the activities give strong emphasis to preventing gang activity by offering positive alternatives such as after- cont. on another page

4 LEGISLATIVE SESSION HIGHLIGHTS (cont.) RIDERS: Riders 64 and 67 Rider 64 relates to Contracted Temporary Capacity. The Texas Department of Criminal Justice shall develop a plan to reduce capacity in Strategy C.1.5., Contracted Temporary Capacity, when the TDCJ inmate population falls below 145,006. This number is the equivalent of 5,000 beds below the operational capacity of 150,006. The department shall inform the Governor and Legislative Budget Board when this point has been reached. The department, working in conjunction with the Criminal Justice Policy Council, shall develop within 30 days a plan to reduce contracted temporary capacity and implement the plan upon approval of the Governor and the Legislative Budget Board. Upon approval of the Legislative Budget Board and the Governor, savings generated by the reduction in contracted temporary capacity shall be utilized by the department for these programs: 1. Community Corrections Residential Beds (maximum of 500 beds and must be through contractual arrangements); 2. Major Maintenance and Repair/Rehabilitation of TDCJ Facilities; and 3. Community Supervision Specialized Caseloads. Rider 67 relates to the Treatment Alternatives to Incarceration Program. The Texas Department of Criminal Justice is directed to expend at least $6.5M each year of the biennium on the Treatment Alternatives to Incarceration Program as specified in Government Code (See Appropriations information.) LEGISLATION HB 121: Sex Offender Reporting In summary, a person required to register as a sex offender must directly report status changes to a local law enforcement authority within seven days. This amendment applies to all sex offenders required to register, and the amendment deletes language identifying those offenders not under supervision. Article 62.05(a) is still in effect and places a responsibility on community supervision officers to notify the local law enforcement authorities of status changes. HB 2987: Registration Exemption for Certain Sex Offenders In a trial or disposition of an offense involving a sexual assault, sexual performance by a child, aggravated sexual assault, or indecency with a child, a judge is required to make an affirmative finding of fact in the judgement of the case if the judge determines that the following applied at the time of the offense: the defendant was younger than 20 years of age, the victim was at least 13 years of age, and the conviction is based solely on the ages of the victim or intended victim and the defendant. A defendant is eligible if that defendant has only a single reportable conviction or adjudication and is required to register as a sex offender. Such a defendant may petition the court to exempt the requirement to register at any time after sentencing. The conviction or adjudication must have occurred after September 1, Or, if the conviction or adjudication occurred before September 1, 2001, the defendant's age and the age of the victim or intended victim must have met the above-mentioned age and consent requirements. At a hearing to determine whether to issue an order exempting registration, evidence must be presented that a registered sex offender treatment provider believes an exemption does not threaten public safety. An order exempting registration does not expire, but a court shall withdraw such an order if the person receives a reportable conviction or adjudication under this chapter. SB 1206: Sex Offender Risk Assessments This legislation changes the sex offender risk assessment program by clarifying the duties of the entities responsible for performing the risk assessment instrument. The Risk Assessment Review Committee shall develop or select the risk assessment instruments, ensure that staff are trained in the use of the instruments, monitor the use of the instruments, and analyze other available instruments. Definitions of assigned risk levels are changed to include three levels: Level 1 indicates low risk; Level 2 indicates moderate risk, and Level 3 indicates a high risk to the community. The legislation provides the Risk Assessment Review Committee, the Texas Department of Criminal Justice, the Texas Youth Commission and the courts the authority to override a risk level. It includes an immunity provision for officers and county employees, including CSCD officers. SB 1380: Sex Offender Registration Time Period (and more) Offenders required to register under Chapter 62 of the Texas Code of Criminal Procedure will be required to do so as a condition of their community supervision sentences, and they will be required to submit a DNA sample. A person who is an owner, builder, seller, lessor of residential property, or those parties' broker or agent is not required to disclose to a prospective buyer or lessee information about registered sex offenders. The legislation clarifies that multiple convictions or orders of deferred adjudication occur regardless of the date of judgements or the circumstances surrounding the criminal transactions. A person's duty to register is terminated if his conviction or adjudication for the offense for which he is required to register is set aside by an appeal or if he receives a pardon for the offense for which he is required to register. To comply with federal law, lifetime registration is required for offenders convicted of the following Texas Penal Code offenses: Unlawful Restraint or Conspiracy to Commit Kidnapping or Conspiracy to Commit (a)(4) Aggravated Kidnapping or Conspiracy to Commit (a)(1) Indecency with a Child (a)(2) Sexual Assault Aggravated Sexual Assault Prohibited Sexual Conduct 30.02(d) Burglary (with intent to commit another felony) 43.05(a)(2) Compelling Prostitution Sexual Performance by a Child Possession or Promotion of Child Pornography SB 638: DNA Specimens This legislation requires courts to order a DNA sample from offenders charged with, arrested for, or convicted of kidnapping, indecency with a child, sexual assault, Riders 64 & 67 SB 1206 & 1380 HB SB 644, 638 & 288 HB Appropriations prohibited sexual conduct, burglary, compelling prostitution, possession or promotion of child pornography and similar felonies. The DNA requirement is retroactive. Additionally, the legislation includes the misdemeanor offenses of aggravated lewdness and indecent exposure. Upon a defendant's conviction or deferred adjudication for such a felony sex offense, a $250 court cost shall be imposed. A $50 court cost shall be imposed on a defendant upon conviction or order of deferred adjudication for either of the misdemeanor offenses. SB 644: Memorandum of Understanding for Continuity-of-Care The legislation requires TDCJ, MHMR, representatives of local mental health or mental retardation authorities, CSCD directors, the Commission on Jail Standards and county jails to adopt a memorandum of understanding (MOU) to institute a continuity-of-care and service program for offenders with mental impairments. The MOU must establish methods for the following: Identifying offenders with mental impairments and collecting/reporting prevalence-rate data Developing interagency rules, policies, procedures and standards for the coordination of care and the exchange of information on offenders with mental impairments by local and state authorities cont. on the next page

5 IN MEMORIAM: DIANA CLARK, WILBUR RAY AND PAUL MATTHEWS During the last year, we in community supervision and corrections have lost three colleagues who contributed greatly to our profession. Diana Clark's long-term interest in and service to community corrections is widely known. One of her initial campaigns was in support of a cohesive and adequately funded system. Her efforts and service on behalf of adult probation was recognized in 1977 when she was appointed to the original Texas Adult Probation Commission. It was charged with designing the new state-funded probation system that would have statewide common standards. Ms. Clark served the Commission as secretary and then as vice chair. She took part in selecting the Commission's executive director and introduced the concept of state funding and administration by means of statewide meetings. A catalyst for positive change, Ms. Clark served as vice chair on the Community Justice Assistance Division's Judicial Advisory Council, the successor to the Commission. Her work helped advance such developments as department-operated residential services, drug treatment programs, specialized caseloads, electronic monitoring, offender employment counseling and life skills programs, and risk and needs assessments. Wilbur Donald Ray, retired director of the 106th Judicial District CSCD (Lamesa, Texas/Dawson County), passed away following a lengthy battle with cancer. After completing his service in the United States Army, he worked in the petroleum industry for 14 years. His criminal justice career began in 1972 when he became a juvenile probation officer for Dawson County. In July 1978 he transferred to adult probation and in 1979 became chief of the 106th Judicial District. During his years in community corrections, he received the Outstanding Administrator Award from the Texas Corrections Association and the Frederick Augustus Hesse Memorial Award for promoting community safety and human understanding. He served two terms on the Legislative Committee of the Texas Probation Association and gained recognition and awards for various career achievements. Active in his community, Chief Ray taught criminal justice courses at Howard College, served on the Board of Directors of the Red Cross and the Salvation Army, and instructed classes for concealed handgun permits. His memberships of long standing included the Lamesa Noon Lions Club and the Second Baptist Church. Paul Matthews, director of Nueces County CSCD Residential Facilities, died at the age of 56. A grandchild of Ukrainian immigrants, Director Matthews started his career in criminal justice in Miami-Dade County, Florida. In 1976 he and his wife moved to South Texas where Matthews earned a masters degree in counseling from Corpus Christi State University. In 1987, he became the deputy director of Nueces County Community Supervision and Corrections Department Residential Services. In this position Mr. Matthews initiated four substance treatment facilities. Among the programs are a boot camp, RITE (Residential Intensive TAIP Experience) and HOPE (not an acronym). Besides serving on the Probation Advisory Committee, he was elected chairman of the Texas Residential Directors Council. Judge Larry Gist, chair of the Judicial Advisory Council, appointed Mr. Matthews to the State Jail Committee. LEGISLATIVE SESSION HIGHLIGHTS (cont.) Identifying the services needed Establishing a process to report implementation activities to the Texas Council on Offenders with Mental Impairments (TCOMI) TCOMI, together with the other state agencies identified above, must develop a process for collecting and reporting the MOU implement outcomes. Whenever possible, local and state criminal justice agencies must contract with local mental health and retardation authorities to maximize Medicaid funding and to improve the continuity of care for offenders with mental impairments. HB 1287: Drug Courts This legislation relates to the establishment of drug court programs and a study of drug court programs by the Criminal Justice Policy Council. This precis concerns Drug Courts for Treatment and Supervision - not Drug Courts established primarily to expedite drug cases through the court system. In Texas a number of juvenile and adult drug courts are in operation or are planned for the immediate future. Several counties in Texas have implemented adult Drug Courts, most as pretrial diversion. The following adult courts are in operation or are planned: Counties: Dallas, Jefferson, Montgomery, Travis; Webb is pending El Paso - CSCD planned/applied for a federal grant; planning grant money materialized; Ysleta del Sur Reservation has Drug Court federal funding Tarrant - operations are decreasing because of decreasing federal funds; however, Tarrant County has applied for additional grants to increase operations, mainly as a pretrial diversion program that is not CSCD managed. All the Drug Courts have substance abuse treatment, generally intensive outpatient treatment but often detox and residential when needed. Program to program, the configuration and administration differ. (See SB 288: Fiscal Officer District judges who have management authority of a CSCD have the option of appointing an individual, other than the County Auditor, to be the Fiscal Officer for the CSCD and to perform the functions of that position. The judge-appointed CSCD Fiscal Officer must meet these criteria: Be a person of unquestionably good moral character and intelligence Have at least two years of experience in auditing and accounting Take an oath stating that he/she meets the qualifications required and will not have a personal interest in any contract entered into by the CSCD Execute a surety bond payable to the district judge or judges in the amount of $5,000 minimally. The legislation requires that the CSCD provide the funds for the salary and other expenses of the CSCD Fiscal Officer, but the district judge or judges are to set the annual compensation for the Fiscal Officer. The CSCD Fiscal Officer is an employee or contractor (in the case of an officer employed by a CPA firm) of the state judicial district that has oversight of the CSCD. Only the supervising judge or judges may appoint or dismiss the CSCD Fiscal Officer. The legislation provides that the rights and duties of the County Auditor are not diminished by this change in the law. The County Auditor, the State Comptroller, and/or TDCJ-CJAD may examine and audit the Fiscal Officer's records, receipts and expenditures at any time. HB 598: Community Supervision Fee. The legislation authorizes a judge granting community supervision to fix a fee of not less than $25.00 and not more than $60.00 per month to be paid to the court during the community supervision period. FURTHER INFORMATION IS OBTAINABLE Online: OTHER OPTIONS: 1. When you have a legislative subject on which you need information but do not know how the legislation is designated (such as House Bill or Senate Bill) and do not know the bill's number, call the Legislative Reference Library in Austin at Based on your description of the topic, this office can provide the pertinent bill designation(s). 2. For a copy of the legislation (not yet officially signed by the governor and others), call the Bill Distribution Office in Austin. For Senate Bills, call ; for House Bills the phone number is For the officially signed legislative documents, fax John Riegler at the Secretary of State/Statutory Documents Office. His fax number: or The office phone number is

6 WHAT WORKS IN RESIDENTIAL By Steve Dishman, Director, 38th Judicial District Court Residential Treatment Center Residential administrators across the state are changing some of their old ways of "treating" high-risk defendants in the various types of community correction facilities (CCFs). The changes started with an attempt to indoctrinate skeptical residential managers in the What Works research and the expected improved reductions in criminality. Skepticism has been common because the past decade's improvements in operations and accountability have produced inadequate rewards for programs. Another reason for skepticism in the residential ranks is that two major commitments of the 1990s have yet to yield substantial, tangible benefits (i.e. funding) to the programs. These commitments were the writing/implementing of residential and substance abuse standards (requiring several attempts over several years) and the 1996 outcome study. I can't deny the benefit from those two major tasks that involved thousands of work hours from the field, CSCD-Residential Directors Council, CJAD Facility Committee and CJAD's staff. But until the additional $1.1 million was designated for DP residential programs in FY 2002 and FY 2003, the programs strived to improve themselves, mainly because it was "the right thing to do." With initial reservations and uninspired attitudes, residential directors and program managers from the various programs went through the week-long U.S. Department of Justice National Institute of Corrections (NIC) training titled Effective Interventions With Offenders: What Works and Why. Since that time, however, facilities have looked anew at staff, curricula, the criminogenic needs of defendants to be "treated" and the available resources. (I will try not to put any form of the word treat in quotations again because I came away from the training with a different understanding of the word treat when used in a correctional-program context.) I can now comfortably use the term treat to convey a generic, non-medical meaning for whatever programming a correctional program offers to lower defendant risk. knowing that a difficult personnel roadblock faced us. Throughout the training an obstacle we had consistently cited in our action plan was how we would convince front-line staff that changes would be of benefit to them and defendants. How could we motivate these staff members to carry out our plans? Could we invigorate staff by merely convincing them that the plan is "the right thing to do"? We doubted that we could since for some time our staff has needed something more tangible than just feeling good about what they were doing. How could we convince direct-care staff to accept difficult changes when these staff members had not attended the intense training that persuaded management to make changes? Our front-line colleagues did not have the exposure to Dr. Edward Latessa's knowledge, conviction and humor. (By the way, Dr. Latessa was an important player in this process and is probably CJAD's best means of generating interest and the willing participation from the residential programs.) at each other and muttered various doubts. Who was this carpetbagger academician from Cincinnati? Is What Works another fad? Does NIC want to profit by selling us tapes, manuals and workbooks associated with the fad that will sink eventually into the dumpster's depths? (Most fads start on the East Coast or the West Coast; the more annoying the fad is, the faster it spreads into America's heartland. This one would be an unusual fad DEPARTMENT PROFILE: : TRIT -COUNTYOUNTY CSCD Comprised of Starr, Jim Hogg and Duval counties, the Tri-County CSCD serves the 229th and 381st Judicial Districts, three county courts and the Starr County Court at Law. The department's headquarters is in Starr County with Rio Grande City as the county seat. The average direct caseload population is over 1000 cases throughout the department. Besides a DWI Education Program, the CSCD participates in the Treatment Alternatives to Incarceration Program RI-C By Noe Gonzalez, Director, Tri-County CSCD (TAIP), offers an employment program and education program. Offenders can take advantage of both pre-ged and GED classes. The department is in the process of implementing a Drug Offender Program. Tri-County CSCD works with several county entities and nonprofit agencies throughout the district providing community service work. With 21 staff members, the department continues to grow, mainly in Starr County, a border county in South Texas. since it appeared to have roots in the RUST BELT and would be rusting southward.) Despite the initial roadblocks of attitude and resources, the task of redesigning and reprogramming is taking place at facilities across the state. When the initiative was introduced to Uvalde's staff, we agreed to work smarter, not harder. We have done our best to delete one outdated task for each new task that is asked of staff. In Uvalde I am fortunate to associate with persons who have taken a lead in retooling and helping staff members in changing their own less effective program-delivery habits. The assistant director of the court residential treatment center (CRTC) in Uvalde County and I left the training Located in Vernon, the 46th Judicial District CSCD serves Foard, Hardeman and Wilbarger counties, has five employees, and supervises 300 direct cases and 220 indirect cases. An important challenge of this rural department is providing services to offenders in remote areas. The CSCD's association with the Canyon Reef TAIP Region enables offenders to obtain substance abuse counseling and treatment. Composed of rural CSCDs, the Canyon Reef TAIP Region compensates for an absence of services or a defendant's inability to afford services. The department operates a burgeoning CSR program and assists various nonprofit and governmental agencies with community projects. Since the department does not When some of us residential types heard about What Works and Dr. Edward Somebody-or- Other, we looked DEPARTMENT PROFILE: 46TH JUDICIAL DISTRICT CSCD By Guy Elliott, Director of the 46th Judicial District CSCD have specialized caseloads, versatility and broad knowledge of community corrections is required of each officer. To augment traditional incarceration, the courts rely on officers for innovative options in dealing with offenders. Officers must have thorough familiarity with available programs. Being in a small community, CSOs know most of the individuals comprising a caseload. When an offender's background is known, the CSO can identify needs or problems quickly. Frequently, CSOs are approached outside the office by offenders, offenders' family members, victims, and law enforcement officials who seek help or information. Such interaction between the public and CSCD staff promotes successful community corrections. Since our center is a CRTC, we treat criminals who have a common area of need: alcohol and/or drugs. Some of the assessments have changed, and this time around, we will use the assessment information more appropriately. We intend to better determine adequate dosages and treatment durations to deal with substance abuse, mental health problems, criminal sentiments, antisocial attitudes, educational needs and employment problems. Most curricula have changed. Only minimally will we use curricula used commonly for noncriminals. Now we pay greater attention to how we interact with defendants. Instead of correcting negative behavior with external pressure and punishment, staff is acquiring techniques to guide the interaction so that defendants reflect on and amend their actions. I admit that several long-held beliefs cling to life among some staff members. However, our movement in a new direction has the intent of lowering the risk of recidivism and because it is "the right thing to do." The whole process is a leap of faith for residential programs. Discussion within the CSCD-Residential Directors Council suggests that another outcome study would be in order, possibly in 2003 or 2004, after all facilities have discharged residents who benefited from the What Works initiative. At that point we will compare the new outcomes with the 1996 outcome study serving as a reference for the pre What Works era. Upon completion of the comparison, we should be able to assess the wisdom of our having gone this direction.

7 15TH ANNUAL SKILLS CONFERENCE The 15th Annual Skills Conference was honored with opening addresses by the House Corrections Chairman Pat Haggerty of El Paso and Gary Johnson, former director of TDCJ-ID and newly appointed executive director of TDCJ. Mike Morrow, superintendent of TDCJ's Windham School District, presented the opening keynote address: "The Risk Takers." Bonita White, division director of TDCJ-CJAD, gave the closing address inviting conference participants to share their main issues and concerns regarding community supervision. Building a Balanced Vision was the theme of the conference held July 9-12, 2001 at the Hyatt Regency in Austin. Conference cosponsors were the Texas Department of Criminal Justice-Community Justice Assistance Division and the Probation Training Academy of the Correctional Management Institute of Texas at Sam Houston State University. With participants numbering 483, the conference offered an array of workshops: sex offender treatment and issues, family and offender dynamics, gang members, drug and alcohol treatment, cultural diversity, What Works and a management track. A number of attendees from the field expressed appreciation for the wide range of informative topics and the opportunity to network and learn from colleagues. SUPERVISION OFFICER SUBCOMMITTEE By Bonita Barlow, Community Supervision Officer, Angelina County CSCD The Supervision Officer Subcommittee (SOC) was established to give officers a voice within the criminal justice system. The first meeting was held November 7, 2000 in Austin. The group has no administrative power and will make only suggestions for improvements. Suggestions are submitted to the Probation Advisory Committee and then forwarded to the Judicial Advisory Council for final approval. In our last meeting members developed our mission statement. The subcommittee's mission is to improve communication and facilitate the review of new ideas, concerns and suggestions of CSOs. We discussed designing a uniform badge for CSOs. Since the input of all community supervision officers is important, we determined that a contest would permit all interested CSOs to submit ideas and/or designs for the badge. A prize will be awarded the officer with the winning entry. Another suggestion is an Officer Recognition Room, a location to assemble CSOs' awards, plaques, pictures and similar mementos. The meeting's most serious topic concerned reviewing statistics on the leading cause of officer injuries and how the injuries are handled. MEMBER-OFFICERS A PRIVILEGE, NOT A RIGHT By Diana Woltersdorf, Training Specialist, Texas Department of Criminal Justice-Interstate Compact Office Have you ever wondered if your neighbor is on probation? It is safe to say that the general public assumes direct supervision of a probationer. However, throughout the United States unsupervised offenders live in communities, maybe even your neighborhood. Texas law governing the interstate compact is found in Article of the Texas Code of Criminal Procedure. Section 1 of the interstate compact states that the receiving state shall be granted the opportunity to investigate the home and prospective employment prior to an offender's transfer. The investigation should occur BEFORE the offender receives permission to leave Texas, not afterward. The most often violated clause of the interstate compact is neglecting to give the receiving state the opportunity to make its investigation. Community protection should be a major concern when a department attempts to transfer an offender to another state. Care must be taken to eliminate any foreseeable risk to the community taking in the offender. An offender, who is allowed to travel to the receiving state PRIOR to formal acceptance of supervision or who is Interstate Compact placed on mail-in status, poses a potential legal liability for the sending jurisdiction. The sending jurisdiction is liable for the actions of an offender UNLESS the receiving state formally has accepted supervision of the offender's case. Some emergency reasons allow an offender to proceed to the receiving state prior to that state's investigation. Emergency reasons include returning to court for sentencing, serious illness or death in the immediate family and compelling employment. However, an offender must meet eligibility criteria for a regular transfer BEFORE he can be considered eligible under one of the qualifying emergencies. According to Article 42.11, an offender is eligible to transfer if he is a resident of the receiving state, OR has family residing in the receiving state and has the ability to obtain employment in the receiving state. Although offenders may take issue on the point, the fact is that transferring out of state is not a right, rather it is a privilege. The interstate compact is a state law and it is a federal law in nature. It is imperative to follow the law. For questions or training related to the interstate compact, contact Diana Woltersdorf at Training is provided at no cost to CSCDs. Gustavo Cantu, CSO, M.Ed., LCDC Cameron-Willacy County CSCD Phone: Fax: Tina Dublin, SAFPF CSO Williamson County CSCD Phone: Fax: Juan Ramirez, PSI CSO Webb County CSCD Phone: Fax: Amy Sappington, CSO Cooke County CSCD Phone: x5 Fax: David Trejo, Deputy CSO El Paso County CSCD Phone: Fax: Bonita Barlow, CSO Angelina County CSCD Phone: Fax:

8 WHAT WORKS MEETINGS COMPLETED By Kirk Long, CJAD Residential Director As the last stage of the Training and Technical Assistance Phase of the What Works Project for Residential Programs, the TDCJ-CJAD Residential Unit and the Training and Staff Development Unit have completed technical assistance workshops for TDCJ-CJAD funded community corrections facilities. Workshops were held in San Antonio, Fort Worth, Houston and Abilene. The core training component of the residential project was completed last fall. At that time TDCJ-CJAD trainers had given five Changing Offender Behavior workshops - training 92 CCF directors and facility administrative staff on principles of What Works. Trainers held three Thinking for a Change workshops for residential staff. This effort qualified approximately 90 residential personnel to facilitate groups. During two Thinking for a Change Training of Trainers, 15 residential staff and 10 CJAD trainers participated. Through open discussion with residential directors during their Council meeting earlier this year, we determined that technical assistance workshops would help them implement the What Works principles in residential facilities. To enhance our facilitating the workshops, we sent a survey to all CCF directors in December Survey results indicated that facilities appeared to encounter some common problems: (1) familiarizing all staff with What Works principles and cognitive strategies so that staff deal with residents consistently; (2) scheduling groups and classes, especially in facilities where residents are employed; (3) unpredictable entering/exiting of offenders in centers and the resultant difficulty in managing closed groups; and (4) developing an adequate reward system to motivate offender change. Other problems are staff turnover and inadequate funding. INTERMEDIATE SANCTION FACILITY IN GONZALES By Linda Smith, Director, 2nd 25th Judicial District Intermediate Sanction Facility The 2nd 25th Judicial District Intermediate Sanction Facility (ISF) is an all male facility with 60 beds located in Gonzales, Texas. The facility is about 60 miles south of Austin and 60 miles east of San Antonio. It takes offenders from all jurisdictions at no cost for placement. The program's focus is punishment and accountability. The target population is nonviolent felony offenders who have violated conditions of probation. Misdemeanor offenders are accepted if space is available. Since offenders must be able to perform community service work, a medical examination is required for admission. Offenders who have used a weapon in the commission of their offenses and offenders who are on probation for a Title 5 offense are excluded. The ISF program is particularly appropriate for technical violators. All offenders entering the program are provided an educational assessment. If they do not have a high school diploma or verified GED, they are placed in the educational program. The computer-assisted learning center is staffed by a certified teacher full time. Class size is limited to ten students at any one time and GED testing is conducted on site. 25th Judicial District ISF All offenders must complete 600 hours of community service work to successfully complete the program, which provides community service work in Guadalupe, Gonzales, Lavaca and Colorado counties to nonprofit organizations and governmental agencies. At the facility residents assist with meal preparation, do all laundry and take care of facility maintenance. Residents are responsible for a large garden that provides fresh vegetables for the facility. The cognitive program Thinking for a Change has been added recently. Two modules are presented each week with a limit of ten residents per group. Certified probation officers facilitate these groups. The average length of stay for an offender is 180 days. An offender who receives no disciplinary action may be released up to three weeks early. On the other hand, offenders who do not abide by the rules may have extra days added for serious infractions. The maximum stay is two years. Each offender entering the ISF must have a valid court order sentencing him to the ISF, and he must have a medical screening to indicate his physical ability to do community service work. For an admission packet, call the facility at Such issues and others were examined in depth. In sharing ideas and working with CJAD residential and training staff to explore solutions, some of the difficult issues facing residential facilities can be impacted in a positive way. Residential staff who attended the meetings seemed to agree that many good and useful ideas were shared, and progress in implementing the programming was achieved. Project Spotlight (Cont.) school programs and supervised recreation. Project Spotlight officers work directly with at-risk youths in many of these programs, such as participating in touch football leagues and arts projects. All activities coalesce in a comprehensive, balanced approach to crime reduction. Citizen response to Project Spotlight has been encouraging. The teams of officers have become a welcome presence in the neighborhoods served. The future of Project Spotlight looks bright. The Governor's Criminal Justice Division is exploring ways to make the program available to communities outside metropolitan areas. FOR MORE INFORMATION Call Jim Kester, Project Spotlight Administrator, at 512/ , or him: jkester@governor.state.tx.us. The mailing address is Project Spotlight, Governor's Criminal Justice Division, P. O. Box 12428, Austin Texas Open House 2001 In keeping with an established July tradition, CJAD held its 5th Annual Open House to host approximately 75 visitors. During the social, visitors and staff had a catered luncheon of sandwiches, drinks, chips, fruit, and condiment side dishes while the talented bakers among division staff provided homemade desserts. Thanks to an Austin flower company that donated beautiful arrangements, the office offered a touch of refinement for the function. Melissa Burke, Dawn Carrier, Leslie Casarez, Allen Nagy, Dolly Soto and Jennifer Todhunter made up the committee responsible for planning and executing this year's open house. Each year CJAD staff looks forward to this social gathering with members of the Judicial Advisory Council and staff from CSCDs - not only to discuss aspects of business but also simply to visit.