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Model Legislation

Public Safety and Elections

Community Corrections Performance Measurement Act

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NRA--the National
Rifle Association-was the corporate

Summary

co-chair in 2011?

This Act implements a systematic performance measurement model for
community corrections agencies, which includes measures of outcomes in key
performance areas. This model provides regular, objective and quantitative
feedback on how well agencies are achieving their goals. Such information will
help agency managers and staff as well as the public judge how well the agency is
performing, and will provide managers with accurate and reliable information on
which to base their management decisions. This comprehensive performance
measurement system will address the many tasks that community corrections
agencies are responsible for: tracking performance at multiple levels (individual
cases, staff, units, programs and the entire agency) and examining both process
and outcome measures.

Legislation

Section 1. {Definitions.} In this title:

(A) "Agency" means:

(1) The Department of Corrections or the state agency responsible for supervising
individuals placed on probation by the courts or serving a period of parole or postincarceration supervision after jail or prison; and

(2) Any regional county or local government agencies responsible for supervising
individuals placed on probation by the courts or serving a period of parole or postincarceration supervision after jail or prison, provided such agencies receive state
funding.

(B) "Community Supervision" means:

(1) The placement of an individual under supervision in the community by a court
for a specified period with conditions imposed, as a result of either a conviction
and sentence to probation, or the suspension of criminal proceedings without an
adjudication of guilt; or

(2) The placement of an individual released from jail or prison under supervision in
the community for a specified period with conditions imposed by the releasing
authority.

(C) "Supervised Individual" means an individual placed on supervision or probation
by a court or serving a period of parole or post-incarceration supervision following
jail or prison.

(D) "Performance Measurement System" means a systematic method of
identifying, recording, compiling, analyzing, reporting and applying information

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identifying, recording, compiling, analyzing, reporting and applying information
about an agency's activities and accomplishments, for both internal management
purposes and for accounting to supervising and oversight agencies, legislative and
executive bodies, constituents and stakeholders and the public.

(E) "Key Performance Indicator" means a measure that captures agency
performance on critical variables that are central to the accomplishment of the
agency mission and goals.

(F) "Recidivism" means:

(1) The arrest of a supervised individual for a new offense while under community
supervision;

(2) The conviction of a supervised individual for a new offense while under
community supervision; or

(3) The adjudication of a supervised individual for violation of the conditions of
supervision while under community supervision.

(G) "Employment" means that the supervised individual is employed

(1) Full time (more than X hours per week) at legitimate employment; or

(2) Part time (less than X hours per week) at legitimate employment.

(H) "Controlled Substances" means drugs and other illicit substances whose
possession and use is controlled or regulated by the state.

(I) "Substance Abuse Testing" means the administration of quantitative tests using
urine, saliva or other approved methods to detect the use of controlled substances
by supervised individuals.

(J) "Victim Restitution" means court-ordered financial payments to the victim of a
crime by the supervised individual for compensation of damage or loss.

(K) "Victim Protection" means compliance with "no contact" orders by the
supervised individual.

(L) "Status of Discharge from Supervision" means the status of supervised
individuals when they were removed from supervision. A successful discharge is
one in which the supervised individual is removed from supervision at the end of
the term or prior to the end of the term, having fully or substantially completed the
requirements of supervision. An unsuccessful discharge is when the supervised
individual is removed from supervision through revocation for violation of the
conditions of supervision or for a new offense.

Section 2. {Implementation of Performance Measures.}

(A) The agency shall develop and implement a performance measurement system
within [18 months] of the effective date of this Act.

(B) The performance measurement system shall include, at a minimum,
information on the following key performance indicators:

(1) Recidivism of supervised individuals;

(2) Employment of supervised individuals;

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(3) Substance use by supervised individuals;

(4) Victim restitution paid by supervised individuals;

(5) Compliance with "no contact" orders by supervised individuals; and

(6) Status of discharge from supervision.

(C) The performance measures should be formatted and reported consistent with
the following outcome measures prescribed in the Performance Based Standards
for Adult Probation and Parole Field Services (4th edition) published by the
American Correctional Association:

(1) Recidivism - Performance Standard 1A, Outcome Measures 1 and 2,

Performance Standards 2B, Outcome Measures 1, 2, and 3;

(2) Employment - Performance Standard 2D, Outcome Measures 1 and 2;

(3) Substance Use - Performance Standard 2D, Outcome Measure 3;

(4) Victim Restitution - Performance Standard 2E, Outcome Measures 2, 3 and 4;

(5) Victim Protection - Performance Standard 2E, Outcome Measure 1;

(6) Status of Discharge from Supervision - Performance Standard 2A,

Outcome Measure 1.

(D) The agency shall ensure that accurate, reliable and complete records are
maintained on the key performance indicators.

(E) The agency shall report on agency performance on the key performance
indicators at least annually to supervising and oversight agencies, legislative and
executive bodies, constituents and stakeholders and the public.

(F) The agency shall utilize information on the key performance indicators for
agency management purposes, reporting and reviewing performance on no less
than a monthly basis.

Section 3. {Severability Clause.}

Section 4. {Repealer Clause}

Section 5. {Effective Date}

Adopted by the Public Safety and Elections Task Force at the Spring Task Force
Meeting on April 28, 2010.
Approved by the ALEC Board of Directors on June 3, 2010.

Related Files

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Measurement
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This bill subjects community-based corrections programs to new levels of reporting and recordkeeping. While
accountability and evidence-based research are a necessary part of any program, this bill may be directed at attacking
and eliminating community-based corrections programs (which reduce prison populations and could impact the profits of
the Corrections Corporation of America, a member of the Executive Committee of ALEC's Public Safety & Elections
Task Force). A major shortcoming of community-based release programs is that agencies lack resources to effectively
supervise all participants, and this bill would do little to change that.