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Sunset Advisory Commission Staff Report, 1998

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Sunset Advisory Commission Staff Report, 1998 Sunset Advisory Commission Texas Department of Criminal Justice Board of Pardons and Paroles Correctional Managed Health Care Advisory Committee Staff Report 1998 SUNSET ADVISORY COMMISSION Members SENATOR J.E. "BUSTER" BROWN, CHAIR REPRESENTATIVE PATRICIA GRAY, VICE CHAIR Senator Chris Harris Representative Fred Bosse Senator Frank Madla Representative Allen Hightower Senator Judith Zaffirini Representative Brian McCall Robert Lanier, Public Member William M. Jeter III, Public Member Joey Longley Director In 1977, the Texas Legislature created the Sunset Advisory Commission to identify and eliminate waste, duplica- tion, and inefficiency in government agencies. The 10-member Commission is a legislative body that reviews the policies and programs of more than 150 government agencies every 12 years. The Commission questions the need for each agency, looks for potential duplication of other public services or programs, and considers new and innovative changes to improve each agency's operations and activities. The Commission seeks public input through hearings on every agency under Sunset review and recommends actions on each agency to the full Legis- lature. In most cases, agencies under Sunset review are automatically abolished unless legislation is enacted to continue them. TEXAS DEPARTMENT OF CRIMINAL JUSTICE BOARD OF PARDONS AND PAROLES CORRECTIONAL MANAGED HEALTH CARE ADVISORY COMMITTEE SUNSET STAFF REPORT Table of Contents PAGE EXECUTIVE SUMMARY ................................................................................................................................... 1 APPROACH AND RESULTS ................................................................................................................................... 7 ISSUES 1 Remove the Restrictions on TDCJ's Ability to Respond to Change by Allowing it to Reorganize its Divisions ................................................................... 19 2 Redirect the Parole Process to Produce More Consistent and Cohesive Parole Policies.......................................................................................................... 27 3 Revise Funding Sources for Community Supervision and Corrections Departments to Balance Programming Flexibility with Performance Accountability .......................................................................................................... 37 4 Reduce Recidivism by Improving the Placement of Inmates in Prison Work Programs......................................................................................................... 55 5 Expand the Role of the Private Sector Prison Industries Oversight Authority to Oversee the Texas Correctional Industries Program............................................ 63 6 Improve Integration Between Food Services and Agriculture to Promote Better Decision Making and to More Economically Feed the Inmate Population ............. 77 7 Evaluate the Effectiveness of Continuing TDCJ's Centralized Inmate Intake and Release ................................................................................................... 85 8 Focus TDCJ's Ability to Resolve Inmate Grievances and Respond to Public Inquiries by Consolidating Inmate Grievance and Ombudsman Functions............. 93 9 Improve Coordination of Victim Services by Creating an Interagency Council ..... 99 10 Maximize the Collection of Fees from Probationers in State Substance Abuse Aftercare Programs ....................................................................................... 111 Table of Contents PAGE 11 Continue the Texas Department of Criminal Justice for 12 Years........................... 117 12 Expand the Role and Structure of the Correctional Managed Health Care Advisory Committee to Better Manage and Provide More Accountability for TDCJ's Health Care System ...................................................... 125 ACROSS-THE-BOARD RECOMMENDATIONS .................................................................................................................................. 143 BACKGROUND .................................................................................................................................. 149 APPENDICES .................................................................................................................................. 213 EXECUTIVE SUMMARY Texas Department of Criminal Justice 1 Board of Pardons and Paroles Correctional Managed Health Care Advisory Committee Executive Summary he scope of Texas criminal justice system is vast: 431,000 Texans are serving sentences on community supervision, 143,000 offenders are incarcerated by the State in 107 prisons and state jails, and 80,000 formerT inmates are supervised on parole. Managing this system is the Texas Department of Criminal Justice (TDCJ) the states largest agency with an annual budget of more than $2 billion and some 39,000 employees. While the State formerly had separate agencies that operated each part of this system, in 1989, the Legislature consolidated all state criminal justice functions into TDCJ. The Department runs this system by funding and overseeing local Community Supervision and Corrections Departments; building and operating prisons, state jails, substance abuse centers, and other facilities; and directly supervising offenders released on parole and mandatory supervision. TDCJ is overseen by the nine-member Texas Board of Criminal Justice. The Board of Pardons and Paroles makes decisions to release offenders from prison on parole and to revoke parolees and send them back to prison. It also makes recommendations to the Governor on matters of executive clemency. The Parole Board has 18 members located near prison units to perform these duties. It currently oversees a staff of 205, most of whom are revocation hearing officers. The Correctional Managed Health Care Advisory Committee oversees the contracts for prison health care services. The Advisory Committee contracts with the University of Texas Medical Branch in Galveston (UTMB) and Texas Tech University Health Sciences Center, who actually provide health care to TDCJ inmates. The six-member Advisory Committee is comprised of two members each from TDCJ, UTMB, and Texas Tech. Sunset staff reviewed these three entities concurrently. The review primarily focused on the degree of unification that exists in the criminal justice system and on better coordinating the agencys primary functions in community supervision, incarceration, and parole. In addition, the review looked at structural improvements to TDCJ programs including community supervision, inmate work programs, agriculture, victim services, and inmate grievances, as well as oversight of correctional health care. 1. Remove the Restrictions on TDCJ’s Ability TDCJ the authority to manage its organization would to Respond to Change by Allowing it to improve the agencys effectiveness in responding to Reorganize its Divisions. change. Statutory restrictions mandating divisions and Recommendation: Remove statutory provisions division functions prevent TDCJ from organizing to mandating agency divisions and functions, and grant meet its needs. TDCJ must rely on legislative action authority to TDCJs Executive Director, with Board to make structural modifications within the agency approval, to establish and reorganize divisions. to adapt to internal and external changes. Granting Sunset Advisory Commission / Executive Summary 2 Texas Department of Criminal Justice Board of Pardons and Paroles Correctional Managed Health Care Advisory Committee 2. Redirect the Parole Process to Produce reports on CJAD grant programs. Finally, revise State More Consistent and Cohesive Parole Policies. funding sources to give local departments the flexibility to provide probationers with needed Through several reorganizations, the parole system programming, while ensuring that state funds are used has achieved a balance between Parole Board on effective programs. independence and the integration of parole into the larger criminal justice picture. This balanced system 4. Reduce Recidivism by Improving the has resulted in a division of responsibilities that forces Placement of Inmates in Prison Work the Parole Board and TDCJ to work in an Programs. interdependent relationship, but problems have resulted from a lack of coordination. Providing Recidivism is the tendency of released inmates to increased accountability and coordination would commit new crimes and return to prison. In recent result in a more consistent and effective parole years, the number of inmates returning to prison has system. increased dramatically, resulting in higher costs to the State and stress on the prison system. While Recommendation: Change the composition of the vocational education is a recognized means of Board of Criminal Justice to include the Chair of the decreasing recidivism, TDCJ has not maximized the Board of Pardons and Paroles serving as an ex officio, job training potential of its inmate work system. non-voting member. In addition, require the Parole Because most prison support service jobs are assigned Policy Board and the Texas Board of Criminal Justice to inmates regardless of training needs and are not to conduct a joint review of all parole rules, policies, considered part of TDCJs on-the-job training system, and procedures to identify and reconcile areas of TDCJ is not gaining the full rehabilitative benefit of inconsistency. inmate work programs. 3. Revise Funding Sources for Community Recommendation: As a management action,
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