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F I S C A L I M P A C T R E P O R T

SPONSOR Taylor

ORIGINAL DATE

LAST UPDATED

2/4/06

HB

SHORT TITLE 11

th

Judicial District Adult Drug Courts

SB 144

ANALYST McSherry

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

$1,170.6

Recurring

General

(Parenthesis ( ) Indicate Expenditure Decreases)

Senate Bill 144 relates to House Bill 182.

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Corrections Department (CD)

SUMMARY

Synopsis of Bill

Senate Bill 144, “11

th

Judicial District Adult Drug Courts” appropriates $1,170,600 from the

general fund to the 2

nd

($1,065,600) and 11

th

($105,000) judicial district courts for the purpose of

replacing corrections department adult drug court staff salaries and benefits, treatment programs

and equipment.

FISCAL IMPLICATIONS

The appropriation of $1,170,600 contained in this bill is a recurring expense to the general fund.

Any unexpended or unencumbered balance remaining at the end of fiscal year 2007 shall revert

to the general fund.

The Corrections Department currently houses, and is budgeted for, the personnel associated with

the adult drug courts in the 11

th

and 2

nd

judicial districts.

Senate Bill 144 – Page 2

It is not clear whether the phrase “replace corrections department adult drug court staff salaries

and benefits, treatment programs and equipment” means that the positions currently held in the

Corrections Department would be transferred to courts, or whether the positions would remain in

corrections and the courts would hire new personnel to replace those currently housed in the Cor-

rections Department.

According to AOC the appropriation contained in Senate Bill 144 would fund the salary and

benefits for 9 drug court FTE as well as treatment and operating costs in the 2

nd

Judicial District.

The courts have assumed no fiscal impact to the courts to continue to receive training through the

Department of Corrections Training Academy.

SIGNIFICANT ISSUES

Corrections asserts that, should the bill allow the department to retain the FTEs currently associ-

ated with the drug court programs that the bill would have a positive effect on the department

because the department would transfer the FTE elsewhere within the Probation and Parole Divi-

sion in order to decrease the Division workloads.

If Corrections would lose the employees associated with the drug courts through this bill, the

Department contends that it would prefer to maintain oversight of the drug court programs.

The adult drug court in the 2

nd

District consists of 2 district judges, 1 probation supervisor, and 7

probation officers. The program has a capacity for 210 cases and as of January, 2006, 869 peo-

ple have graduated from the programs. AOC reports that the program has a 3-year re-arrest rate

of 6.94 percent.

AOC contends that continuity of the 2

nd

Judicial District’s program has diminished due to a high

rate of turnover caused by low pay by the Department of Corrections.

PERFORMANCE IMPLICATIONS

The bill could result in increased performance for the Corrections department if the officers as-

sociated currently with the drug courts were returned to CD caseload rather than drug court

caseload. The enactment of the bill could result in increased drug court performance if the court

employed their own personnel at the proposed higher rate as there would likely be a reduced

turnover rate.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Senate Bill 144 relates to House Bill 182 which would increase funding for statewide drug

courts.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

The probation officers involved in the 2

nd

and 11

th

judicial district would remain those employed

by the Corrections Department.

Senate Bill 144 – Page 2

POSSIBLE QUESTIONS

1.

Who currently manages the officers employed by corrections but assigned to the drug

courts in the 2

nd

and 11

th

judicial district courts.

2.

Is the intent of the bill to maintain the Corrections Department personnel and to increase

the personnel funded through the 2

nd

and 11

th

judicial districts resulting in a net FTE in-

crease.

EM/mt