HOW COMMUNITY SUPERVISION IS GOVERNED

HOW COMMUNITY SUPERVISION IS GOVERNED

Community supervision and corrections departments are responsible for supervising offenders placed on community supervision as defined above. Chapter 76 of The Government Code and Section 42.131 of The Texas Code of Criminal Procedure define community supervision and corrections departments and explain how they are governed. Departments are established by the district judges, who appoint a director, who then employs officers and other staff as necessary to conduct pre-sentence investigations, supervise and assist in the rehabilitation of defendants placed on community supervision, and enforce the conditions of supervision. Employees of the department are subject to the management of the criminal court judges as well as the director of the department. Judicial authority over CSCD's in Texas is referred to as local autonomy - the local judiciary, in conjunction with each department's director, sets local policy and makes decisions about local CSCD's at that level.

Although CSCD's are often referred to by the name of the county they serve, CSCD's are not governed by county government. CSCD's do offer benefits to employees at least equal to the benefits received by employees in the largest county they serve, and receive facilities, utilities, and equipment from counties.

Community supervision and corrections departments receive approximately half of their funding from appropriations made at the state level. The other half of the budget is raised through the collection of supervision fees. The funding from the state passes through and is regulated by a state agency known as the Community Justice Assistance Division (CJAD) of the Texas Department of Criminal Justice (TDCJ.) TDCJ is governed by a nine-member board, which appoints an executive director. It was formed by the legislature in 1989 and is the umbrella agency for four legislatively-mandated divisions: the Institutional Division, which manages and operates prisons that confine and offer programs to felony offenders; the State Jail Division, which oversees and promulgates standards for the facilities which house offenders charged with state jail felony offenses; the Parole Division, which manages the reintegration of felony offenders into society after their release from incarceration; and the Community Justice Assistance Division, which oversees CSCD's. Employees of the first three divisions are employed by the State of Texas, so prison guards, state jail prison guards, and parole officers are State employees. Persons employed with the Community Justice Assistance Division (CJAD) are also State employees, but CSCD employees are considered employees of the department, which is a political entity of the judicial districts they serve. Thus, CJAD oversees CSCD operations, but CSCD employees are not employees of CJAD or of the State, except for purposes of Workers' Compensation claims, and for purposes of certain lawsuits.

According to law, the purpose of CJAD is to: allow localities to develop effective sanctions for criminal defendants; provide increased opportunities for criminal defendants to make restitution; provide increased use of community penalties based on local needs; and, promote efficiency and economy in the delivery of community based correctional programs. In addition, CJAD is to: set minimum standards for programs, community corrections facilities, and other aspects of the operations of CSCD's; provide a list and description of core services that should be provided by each department; establish methods for measuring the success of community supervision and corrections programs, including methods for measuring the rates of diversion, program completion, and recidivism; set a format for community justice plans; and, establish standards for the operation of substance abuse facilities and programs funded through CJAD. These requirements can be found in The Government Code, Section 509.003. Other matters relating to CJAD and CSCD's can be found in Chapter 509 of The Government Code.

CJAD considers its primary responsibilities the following: distribution of state aid to CSCD's in compliance with CJAD standards; making grant awards to local CSCD's, municipalities, counties, and nonprofit organizations; providing technical assistance in the development of community justice plans and community corrections programs, as well as in the establishment of community justice councils and task forces; providing training, certification, and continuing education for community supervision officers; supplying technical assistance in data collection systems; monitoring fiscal expenditures of those receiving state aid and grant funds; and, auditing CSCD's to ensure compliance with standards and law.

In addition to the above-mentioned agencies, the Judicial Advisory Council (JAC) provides guidance to CJAD and advises the Board of the Texas Department of Criminal Justice on matters pertaining to CJAD. The JAC is composed of 12 members appointed by the Presiding Judge of the Court of Criminal Appeals and the Chief Justice of the Supreme Court of Texas. The Probation Advisory Committee provides consultation to CJAD and the JAC on issues of importance to community supervision in Texas. Its members, mainly directors of CSCD's, are appointed from each judicial administrative region by the Chair of the JAC.