Issue 4: Supervising Low-Risk Probationers Who Could Be Released From Probation Early Diverts Limited Resources From Probationers Needing More Intensive Supervision.
Summary
Key Recommendations
· Require CSCDs to identify and recommend offenders appropriate for early termination.
· Authorize TDCJ to adjust funding methods to minimize the loss of funds to CSCDs resulting from early termination of probationers.
· The Sunset Commission should recommend that the Legislature change its method of funding CSCDs to maintain a constant funding level even if the number of probationers declines because of early termination.
Key Findings
· Texas has the largest adult probation population in the United States, with longer sentences than most states.
· Although judges have authority to terminate or reduce probation sentences, the current supervision funding system discourages early termination.
· Not granting early termination causes the State to use limited resources to supervise low-risk offenders, and restricts good behavior incentives for probationers.
Conclusion
The Texas Department of Criminal Justice (TDCJ) ensures public safety through incarceration and supervision of offenders. A review of TDCJ’s Community Justice Assistance Division (CJAD) revealed that its current funding processes discourage early termination of offenders on probation, a process that could benefit the State by allowing TDCJ to end supervision of low-risk offenders and focus limited resources on higher risk offenders.
Without a coordinated process to recommend early termination for appropriate offenders, the State may be missing an important opportunity to focus resources toward high-risk offenders, and to provide incentives for good behavior for probationers.