Bills that Address Prison Overcrowding through Treatment Alternatives
The lack of treatment resources in Texas is a major source of prison overcrowding. The Board of Pardons and Paroles frequently won’t release drug and DWI offenders who haven’t received treatment even when waiting lists are many months long. And studies show drug-addicted probationers who receive treatment are more likely to succeed than those who don’t. The Legislature and Governor approved major new treatment resources in 2007 as well as several key bills to make treatment a more attractive option for courts than incarceration where appropriate:
1. SB 1909 by Ellis, Carona, Deuell, Relating to community supervision, parole, or mandatory supervision for certain drug possession offenses and to a person's eligibility for an order of nondisclosure following a term of community supervision for any of those offenses.
SB 1909, as substituted by Rep. Madden, would save money, rehabilitate substance abusers, and alleviate prison overcrowding by giving judges the option to place non-dangerous, first-time drug possession offenders on probation and in a tailored substance abuse program. An accompanying state budget mechanism would allocate $183 million for drug treatment programs and facilities, including drug courts, halfway houses, and community corrections facilities, and all savings created by these prison diversion efforts would be put back into drug courts, in- and out-patient treatment programs, treatment facility maintenance, etc.
What does SB 1909 do?
· Gives judges the discretion to place first-time drug possession offenders on probation and in a drug treatment program, which addresses recidivism problems posed by many offenders who choose incarceration over programs that will force them to deal with the illness of addiction.
· Allows courts to employ temporary incarceration punishments (including county jails, intermediate sanction facilities, and substance abuse felony punishment facilities) as sanctions for violators.
· Authorizes judges to revoke to prison those who pose a threat to public safety or who judges believe may be drug dealers.
· Encourages offenders to successfully complete their substance abuse program and term, which in turn increases their likelihood of obtaining and keeping a job and housing.
Drug courts are a proven effective tool for addressing offenders with substance abuse problems. They save money, help alleviate prison over-crowding, reduce crime, and, most importantly, encourage offender responsibility and success.
What does HB 530 do?
· Mandates the implementation of drug court programs for low-level drug possession offenders in counties with populations greater than 200,000.
· Will help resolve the prison over-crowding crisis by diverting non-violent individuals to treatment programs, which cost the State nearly ten times less than incarceration.
· Successfully reduces drug abuse and recidivism. Columbia University’s National Center on Addiction and Substance Abuse found that individuals participating in drug court programs are 19-44% less likely to recidivate upon completion.
· Encourages personal responsibility by holding participants responsible for paying program and court costs to the extent that they are financially able to do so.
· Encourages offenders to successfully complete programs and increases their likelihood of obtaining a job.
· Does NOT apply to 3-g (violent) or sexual offenders.
Analysis: Permits a county to establish a drug court program exclusively for persons arrested for, charged with, or convicted of a DWI offense.
4. SB 1780 by Whitmire, Relating to the use of proceeds from criminal asset forfeiture to fund the operation of drug court programs in certain counties.
Drug courts involve intensive interaction between offenders and judges, more comprehensive supervision than regular probation, routine drug testing, immediate sanctions for violations, and meaningful incentives for good behavior. Although successful, drug courts are still unavailable in many counties. Given drug courts’ proven success at eliminating addiction and reducing criminal recidivism, Texas must further expand and institutionalize the drug court model.
What does SB 1780 do?
· Requires district attorneys to deposit 10% of collected forfeiture funds to finance drug court programs.
5. HB 2524 by McClendon, Menendez, Straus, Relating to the establishment of a pilot project to construct a public safety triage and detoxification unit and the provision of mental health and substance abuse treatment.