Summary of Texas Performance Review Recommendations

Challenging the Status Quo (1999)

PS 1 Improve Services and Increase Funding for Victims of Crime

This proposal was a new budget strategy to target Crime Victims' Compensation funds to victim-related services.

Result: Implemented/modified

PS 2 Strengthen Traffic Safety in Texas

The proposal recommended lowering the maximum legal blood alcohol concentration level to 0.08 from the previous 0.10. The proposal also required the Texas Education Agency to develop standards for drug and alcohol awareness driving programs.

Result: Implemented/modified

PS 3 Expand the Use of Telemedicine to Reduce Inmate Health Care Costs

The proposal recommended the University of Texas Medical Branch at Galveston and Texas Tech University Health Sciences Center, in conjunction with the Correctional Managed Health Care Advisory Committee, should expand the use of telemedicine within the prison system.

Result: Not implemented

PS 4 Help Texas Cities Fight Gang Activity

The proposal recommended amending current state law to allow for the creation of a statewide database of information related to the investigation or prosecution of specific cases of gang-related criminal activity. It also recommended amending the Texas Penal Code to create an offense for soliciting membership in a criminal street gang.

Result: Implemented/modified

PS 5 Evaluate State-Funded Drug Prevention Programs

This proposal recommended amending state law to require all state agencies that provide grant funding to drug prevention programs to develop uniform criteria for program evaluation. Additionally, it recommended that drug prevention programs funded by state agencies submit annual evaluation plans.

Result: Implemented

PS 6 Increase Penalties for Domestic Violence and Strengthen Protective Orders

Although four recommendations were proposed, the Legislature only implemented one, which amended state law to require a standard format for protective orders so they can be easily recognized by law enforcement officers.

Result: Implemented/modified

PS 7 Increase Penalties for Sex Crimes Against Children

The proposal recommended amending the Penal Code to enhance penalties for felony sex offenders who initially committed misdemeanor sex offenses and for offenders who repeatedly commit misdemeanor sex offenses. Additionally, treatment and monitoring was recommended to be a part of any deferred adjudication.

Result: Not implemented

PS 8 Implement a Civil Commitment Procedure for Sexually Violent Predators

TPR originally recommended allowing sexually violent predators (SVPs) facing release from the criminal justice system to be civilly committed and confined until they are no longer a risk to society. The recommendation was implemented with the modification that these individuals are not confined, but participate in an out-patient program.

Result: Implemented/modified

Disturbing the Peace (1997)

PSC 1 Reduce Recidivism of Adults Leaving the Texas Correctional System

The proposal recommended (a) giving the Texas Department of Criminal Justice (TDCJ) Programs and Services Division administrative authority over all programs aimed at reducing recidivism; (b) amending state law to require TDCJ and the Texas Workforce Commission (TWC) to coordinate the development of TDCJ's and TWC's day resource and development career centers; (c) amending state law to make job training the primary purpose of the prison industry system; (d) amending state law requiring broad-based representation on the Prison Industry Advisory Committee, specify its mission, and provide limited terms for appointees; (e) requiring the Council on Competitive Government to conduct a comprehensive review of the prison industry system; and (f) requiring TDCJ to develop performance outcome measures for the programs charged with reducing recidivism.

Result: Implemented

PSC 2 Require Prisoners to Pay for Some Health Care Services

TPR recommended (a) charging TDCJ charge inmates $3 per medical visit unless the inmate is indigent or the visit is specifically exempted; (b) evaluating computer tracking of inmate utilization rates; (c) TDCJ's hiring a consultant experienced in prison health care to guide the development of an inmate copayment system; and (d) requiring TDCJ and the Correctional Managed Health Care Advisory Committee to report certain findings and recommendations to the 1999 Texas Legislature.

Result: Implemented

PSC 3 Maximize Return on Prison Land The proposal recommended, among other things, that the State Auditor's Office and the General Land Office prepare a report to show which land parcels can be sold or leased. TDCJ should use the report's results to make sales and leases of surplus land more efficient and profitable.

Result: Implemented

PSC 4 Test Texas Prison Inmates for Drugs The proposal recommended that TDCJ implement random inmate drug testing programs at all its incarceration facilities.

Result: Implemented

PSC 5 Eliminate Dual Supervision of Offenders

TPR recommended amending the Code of Criminal Procedure so that persons reporting to a probation officer are not also required to report to a parole officer. TDCJ should study and report the incidence of dual supervision. Additionally, money saved from eliminating dual supervision should be directed to the Parole Division.

Result: Implemented/modified

PSC 7 Limit Stays in Juvenile Detention

Recommendations included amending state law to place limits on the time youths may be held in detention awaiting court procedures. The law should clearly state that the limits may be extended by the court for good cause.

Result: Not implemented

PSC 8 Enact Stricter Drinking and Driving Laws TPR recommended, among other things, that state law should be amended to establish a zero-tolerance driving while intoxicated (DWI) or driving while under the influence (DUI) standard for minors.

Result: Implemented

Gaining Ground (1995)

PSC 1 Enact Criminal Justice System Savings

Recommendations included In-prison Therapeutic Communities to reduce staff to the level used in trusty camps. Eliminate captain-level positions and change the title of major to chief security officer. Reduce back gate staffing from two shifts to one shift per day and eliminate weekend coverage. Also recommended was the reduction of utility staffing, reorganization of the agency audit functions and the elimination of guard towers at future correctional facilities.

Result: Implemented/modified

PSC 2 Identify all Incarcerated Illegal Aliens and Deport Eligible Nonviolent Criminal Aliens

Recommendations included the deportation of nonviolent criminal aliens and coordination with the federal government and local authorities to develop mechanisms to identify criminal aliens in county jails awaiting transfer. Applies to all criminal aliens.

Result: Implemented

PSC 4 Collect Sales Tax on Commissary Sales in Prisons and Jails

TPR recommended prison and jail inmates should pay sales tax on soft drinks, candy and other items sold in commissaries that are taxable to the general public.

Result: Implemented

PSC 5 Expand the Prison Industry Enhancement (PIE) Program

TPR recommended expanding Texas' PIE program to 6,000 jobs by the year 2000 and permitting PIE programs at traditional prison facilities, drug treatment facilities and state jails. TPR also recommended funding additional Project RIO (Reintegration of Offenders) assessment specialists at drug treatment facilities and state jails.

Result: Not implemented

PSC 6 Coordinate the State's Juvenile and Adult Criminal Justice Systems

Little information was shared between the TDCJ and the two main juvenile agencies –TYC and Texas Juvenile Probation Commission (TJPC). Recommendations included cross training, developing compatible databases, and the removal of legal barriers preventing the transfer of juvenile records from TYC to TDCJ. (The proposal that was implemented improved coordination between the juvenile and adult criminal justice systems.)

Result: Implemented/modified

PSC 7 Improve Evaluation of Juvenile Justice Programs

Among the proposals, TPR called for the Texas Youth Commission and the Texas Juvenile Probation Commission to use the same program evaluation criteria. TPR also recommended the juvenile probation departments include local juvenile justice program evaluations as part of their annual financial audits.

Result: Implemented

PSC 8 Improve State and Local Coordination on Juvenile Justice Issues

The aim of the various recommendations was to improve coordination for budgeting and planning between TYC and TJPC by requiring a more cooperative relationship between the two.

Result: Implemented

PSC 9 Improve Delivery of Parole Services for Juvenile Offenders

The proposal recommended the Legislature encourage TYC to contract with local juvenile probation departments or other qualified entities to supervise juvenile parolees in smaller counties, as well as contracting with adult probation departments for the supervision of older juvenile parolees.

Result: Implemented

PSC 10 Coordinate Development of Long-term Juvenile Detention Facilities

The recommendation that was implemented was for counties to notify the state about plans to build or expand local long-term juvenile detention facilities.

Result: Implemented/modified

PSC 11 Increase Funding for Youth Corrections

Proposal recommended TYC and TJPC enter into an interagency agreement with the Texas Department of Human Services to amend the Title IV-A Emergency Assistance State Plan to include youth corrections emergencies. In addition, Texas county probation departments should draw on federal Emergency Assistance funding for allowable costs connected with eligible youths.

Result: Implemented

Against the Grain (1993)

PS 1 Promote Innovative Community Criminal Justice Plans

In 1989, the Legislature established the Community Justice Assistance Division of TDCJ to increase community involvement in developing alternative sentencing programs for felony offenders. This proposal recommended that Travis County conduct a pilot project on local justice.

Result: Implemented

PS 2 Increase Unit Accountability for Operating Costs in Prisons

The proposal recommended prisons using a unit-based reporting system to increase budget accountability and cost containment. The proposal further recommended that all wardens use current expense reports as management tools and develop a decentralized budget system.

Result: Not implemented

PS 3 Reduce Prison Operating Costs Through Improved Unit Design and Electronic Security Devices.

TPR recommended TDCJ review unit design for prisons and reassess its long-term administrative segregation and maximum-security requirements. Because the prison population now has younger, violent offenders who are receiving longer sentences, TPR recommended TDCJ install electronic security devices and use new technology when designing new units. This would reduce reliance on staff for security requirements and reduce prison operating costs.

Result: Implemented

PS 4 Improve Management of Prison Unit Maintenance

The Maintenance Division of TDCJ is responsible for ensuring that each prison's mechanical systems operate adequately. The 500-member staff is assigned to individual prison units. Inmate labor is also used to help repair and maintain each unit. Among other things, the proposal recommended that TDCJ automate all inventory and maintenance record keeping. It also recommended that the paint and carpentry staff should be centralized for prisons within a 15-mile radius.

Result: implemented

PS 5 Use Excess Beds in Privately Operated Prisons

In 1987, the Legislature authorized the TDCJ to contract with private vendors to operate correctional facilities. The proposal recommended that TDCJ should authorize an additional 20 inmates in each of the four privately operated prisons.

Result: Implemented

PS 6 Use Empty Beds at State Hospitals for Low-Risk Prisoners Needing Alcohol and Drug Abuse Treatment

New drugs, treatment methods and alternative treatment facilities mean that fewer people with mental diseases will need long-term stays at state hospitals. The proposal recommended that the Texas Department of Mental Health and Mental Retardation consolidate empty state hospital beds so they can be available for prisoners who need alcohol and drug abuse treatment. The modified version called for the beds to be used for any appropriate purpose.

Result: implemented/modified

PS 7 Establish a Managed Care Health System for the Texas Department of Criminal Justice

The prison environment lends itself well to the concept of managed care; there is a defined population of prisoners who must receive fully paid health care services. As the prison system continues to expand and prisons are built in remote areas, TDCJ officials contract more often for basic, secondary and tertiary care at small community hospitals and with local physicians. The proposal recommended that a managed care health system be established for inmates of TDCJ for all health care.

Result: Implemented

PS 8 Eliminate Free Meals Served to Prison Employees

TDCJ employees who work inside prison units receive up to two free meals per shift, before and after their eight-hour shifts. About 10.4 million free meals were served in fiscal 1992 to prison employees. The proposal recommended that meals should be provided to eligible prison employees for a nominal fee of $1 per meal plus tax.

Result: Not implemented

PS 9 Change Free or Low-Cost Provisions for Certain Texas Department of Criminal Justice Employees

The General Appropriations Act authorized TDCJ employees to reside in state-owned housing free of charge. Some TDCJ employees paid minimal rents. The original justification was to have these employees live on site for security reasons because many prisons are located in rural areas. Included in the recommendations, TPR suggested that the rent for TDCJ employees who currently pay $25, $50 and $75 per month should be raised to $50, $100 and $200 respectively per month.

Result: Implemented

PS 10 Collect and Remit Sales Tax on Commissary Sales in State Prisons and County Jails

Currently, commissaries in state prisons and county jails do not collect and remit tax on the sale of soft drinks, candy, and other taxable food products sold to inmates. The proposal recommended that all state prisons, county jails and other correctional facilities should collect and remit sales tax on commissary sales of soft drinks, candy and other taxable food products sold to inmates.

Result: Not implemented

PS 11 Provide Paid Telephone Services for Inmates in Texas Prisons

As a reward for good behavior, Texas inmates may make one outside call every three months. Texas is the only state that does not have telephone services for inmates. With today's automated systems, inmates calls can be completely controlled. The proposal recommended that TDCJ should enter into contracts with suppliers to provide, at no cost to the agency, inmate telephone service.

Result: Not implemented

PS 12 Increase Revenues of Texas Correctional Industries

Texas Correctional Industries consisted of 35 factories or plants with six additional new factories under construction and nine more were in the planning stages. These factories produce products and services for use by the Institutional Division and for outside sales to tax-supported agencies and political subdivisions. The proposal recommended, among other things, that the Legislature direct TDCJ to work with the Comptroller's office to develop and implement an "Early Payment Discount"; policy for expedited payments of invoices.

Result: No legislation needed

PS 13 Change Remuneration Package for Inmates Upon Discharge from Prison

The state is required to provide inmates suitable civilian clothing and $200 when discharged from state prisons. The TDCJ does not provide inmates transportation money as a normal operating procedure. The proposal recommended TDCJ provide for transporting inmates by issuing a voucher, providing prison buses, or any other method. It also recommended inmates receive upgraded civilian clothing and $100 spending money in place of the $200 they now receive.

Result: Implemented/modified

PS 14 Improve the Windham School System and Other Prison Education Systems

The Windham School System is Texas' school district for inmates of TDCJ. A 1991 TDCJ study found that offenders with a high school education or general equivalency diploma had lower recidivism rates than those without. Recent studies show that corrections education reduces recidivism. The proposal recommended, among other things, that the Windham School System and TDCJ develop and implement a system for annually evaluating the effectiveness of their programs. It also recommended Windham expand its vocation and computer-assisted instructional programs.

Result: No legislation needed

PS 15 Increase Federal Funding for Criminal Justice

There are several key entitlement programs which may be applicable to corrections populations, including Medicaid, Medicare, Supplemental Security Income, Social Security, Veterans' Benefits, Food Stamp and Housing and Urban Development Housing. There are also several federal discretionary grants that are available to state corrections agencies. The proposal recommended, among other things, that TDCJ should expand the membership of the federal funds committee. It also recommended the committee seek to maximize federal grant and federal entitlement funding.

Result: Implemented

PS 16 Conduct a Performance Review of the Texas Department of Criminal Justice

TDCJ is responsible for operating the state government's correctional institutions. Texas' criminal justice system if fragmented with responsibilities and funding scattered among hundreds of state and local agencies, courts and police forces. The proposal recommended that the Texas Performance Review, the State Auditor, or an independent firm conduct a comprehensive performance review of TDCJ.

Result: No legislation needed

PS 17 Charge a Fee to Reinstate Suspended Drivers' Licenses

The Texas Department of Public Safety is authorized to suspend drivers' licenses for certain traffic violations. Some of these are mandatory suspensions, and some are departmental suspensions. Under current law, DPS may levy a fee of $50 only for reinstatement after a mandatory suspension. The proposal recommended authorizing DPS to charge a fee of $50 for reinstating any suspended drivers' licenses. This was expanded to include "failure to provide specimen for alcohol test"; and "failure to complete alcohol education program"; suspensions.

Result: Implemented with enhancements

PS 18 Require Only a Single License Plate on Motor Vehicles

Texas state law requires two license plates on all passenger and commercial motor vehicles operating on public highways. Texas manufactured about 5.6 million metal license plates in fiscal 1991. The rationale behind a single-plate system was to save money. The proposal recommended amending state law to require motor vehicles to display only one license plate at the rear.

Result: Not implemented

PS 19 Expand Use of Breath Alcohol Ignition Interlock Devices

In 1991, there were 112,022 arrests for Driving Under the Influence in Texas. That same year, there were 2,696 fatal injury accidents, with 3,073 fatalities on Texas roads. Alcohol was a contributing factor in 40 percent of the fatal accidents and 40 percent of fatal injuries. The proposal recommended that a car-mounted breath alcohol ignition interlock device should be mandatory for repeat DWI offenders as a condition of probation and for receiving an occupational driver's license.

Result: Implemented

Breaking the Mold (June 1991)

PS 2 Special Needs Offenders should be Diverted or Transferred from TDCJ

TPR recommended TDCJ develop a special needs program to identify elderly, handicapped, or ill inmates, who can be transferred to other state programs. Also recommended that the Legislature expand existing pilot programs with the Texas Council on Offenders with Mental Impairments.

Result: Implemented

PS 3 Use Drug Treatment to Reduce Crime and Recidivism

TPR recommended expanding drug treatments throughout the corrections system, continued state funding for a variety of residential and out-patient treatment programs, continued cooperation between Alcoholics Anonymous and Narcotics Anonymous, and requiring TDCJ to provide intensive drug abuse therapeutic communities in prison In addition, PS 3 called for the development of criteria and an evaluation process for state funded drug treatment providers, as well as state supported services to newly released inmates for continued treatment.

Result: Implemented

PS 4 Increase Privatization of Prison Operations

The proposal called for the continuation of current private operations, the expansion of current private sites to 1,000 bed units, a cost analysis of TDCJ's existing units, and an analysis of state and private prison construction to determine future building.

Result: Implemented

PS 5 The State Should Issue Bonds for Prison Construction

TPR recommended issuing bonds totaling $394 million for the construction of additional prisons. Provides for up to $1.1 billion in general obligation bonds for prisons, Mental Health and Mental Retardation facilities and TYC facilities.

Result: Implemented with enhancements

PS 6 Consolidate Duplicate Functions within TDCJ

The recommendation called for the consolidation of the personnel and training departments of TDCJ.

Result: Not implemented

PS 7 Increase Federal Funds for Criminal Justice

TPR recommended the Legislature direct the Office of State-Federal Relations to assist the state criminal justice agencies in obtaining federal grants. It also proposed the Legislature require the criminal agencies to conduct their grant activities in accordance with procedures developed by the Office of State-Federal Relations.

Result: Implemented

PS 8 Civilian Employees Should Be Used instead of Licensed Peace Officers to Perform Driver License Examinations

TPR recommended replacing uniformed, licensed police officers with civilians to administer driver exams..

Result: Implemented/modified

PS 9 Civilian Employees Should Be Used instead of Licensed Peace Officers to Supervise Motor Vehicle Inspection Stations

PS 9 proposed the replacement of Department of Public Safety (DPS) troopers with civilians in the motor vehicle inspection program, as openings for troopers in more critical law enforcement services occur.

Result: Implemented

PS 10 Vehicles Should not be Assigned Unless Critical to Job Responsibilities

TPr recommended the reduction of DPS fleet vehicles.

Result: Not implemented

PS 11 DPS Should be the Lead Agency Implementing the State's War on Drugs

TPR recommended the Legislature implement statutory changes, making DPS the primary agency in the war on drugs. Included the recommendation that DPS take a more integral role in the allocation and oversight of federal drug funds.

Result: Not implemented

PS 12 The Polygraph Service of DPS Should be Eliminated

Recommendations included eliminating DPS's polygraph service.

Result: Implemented/modified

PS 13 Increase Fees Charged for Certification of Motor Vehicle Inspection Stations and Inspectors

TPR proposed a large increase in fees for inspectors and two-year certificates for inspection stations, but exempted small volume stations (under 100 inspections per year) from the increase.

Result: Not implemented

PS 14 Increase Drive License Fees

TPR recommended increasing Class C and Class M driver license fees to $25 per five-year period.

Result: Not implemented

PS 15 Increase the State Share of Revenue Generated From Misdemeanor Offenses

TPR recommended increasing the court costs and fees for misdemeanor offenses, making an exception for pedestrian or parking violations.

Result: Implemented

PS 16 State Revenue is Lost by Motor Vehicle Registration Violations

TPR recommended legislation to address the failure of new residents to transfer out-of-state vehicle registration.

Result: Implemented

PS 17 Impose a fee for Breath Alcohol Testing

TPR recommended the state seek reimbursement for costs incurred by the Crime Laboratory Division of DPS in connection with the conviction of drunk drivers.

Result: Implemented

PS 18 Recover Costs of Accident Response Calls Involving Drivers Under the Influence of Alcohol and/or Drugs

TPR proposed reimbursing DPS for the costs of accident response involving operators under the influence of alcohol and/or drugs.

Result: Implemented

PS 19 Increase Fees for Criminal History Inquiries and Fingerprint Searches

TPR recommended raising the fees for name and fingerprint searches in addition to providing electronic or magnetic tape inquiries to $1 per search.

Result: Implemented

PS 20 DPS Should Change Driver License Issuance Procedures

TPR recommended DPS require payment of the license fee upon submission of an application, before the required exams. Additionally, DPS should convert to an on-site process to reduce costs.

Result: Not implemented

PS 21 Partial Per Diem Allowances Should be Changed in Light of Federal Tax Law Changes

PS 21 proposed amending the Travel Act to prohibit partial payments of per diem allowances unless overnight travel is involved.

Result: Not implemented