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“ALEC”
NEWShas long been a
secretive collaboration
between
BigLegislation
Business and
Model
“conservative” politicians.
Civil Justice
Behind closed doors, they
ghostwrite
“model”
bills to
Commerce,
Insurance,
and Economic
be introduced
in state
Development
capitols
across the country.
This agenda--underwritten
Education
by global corporations-Energy,
includes
majorEnvironment,
tax
and Agriculture
loopholes
for big industries
and the
super rich,
Federal Relations
proposals to offshore U.S.
Health
Human
jobs and
gut and
minimum
wage,Services
and efforts to
weaken public health,
International Relations
safety, and environmental
protections.
Public Although
Safety andmany
Elections
of these
bills have become
law, until now, their origin
Tax and Fiscal Policy
has been largely unknown.
With ALEC
EXPOSED, the
Telecommunications
Centerand
forInformation
Media and
Technology
Democracy
hopes more
Americans will study the
bills to understand
Print this the
Page
depth and breadth of how
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big corporations are
Email
this rules
Page
changing the
legal
and undermining democracy
across the nation.

ALEC’s’Corporate Board
--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

By the Center for
Media and Democracy
www.prwatch.org

Home

work as “equals” in “unison” with politicians to write laws to govern your life. Big
MODEL LEGISLATION
TASKaFORCES
ALEC INITIATIVES
PUBLICATIONS
Business
has “a VOICE and
VOTE,” according
to newly exposed
documents. DO YOU?

Model Legislation

Public Safety and Elections

Community Corrections Performance Incentive Act

Summary

Did you know the NRA--the
National Rifle Association--was the
corporate co-chair in 2011?

The provisions of this act are intended to reduce crimes committed by probationers
and the number of probationers revoked to prison by giving probation departments
a share of the savings to the state in reduced incarceration costs when they reduce
both new offenses by probationers and revocations to prison.

Legislation

Section 1. {Intent.} The provisions of this act are intended to reduce crimes
committed by probationers and the number of probationers revoked to prison by
giving probation departments a share of the savings to the state in reduced
incarceration costs when they reduce both new offenses by probationers and
revocations to prison. By linking funding to performance, this legislation creates a
positive incentive for probation departments to improve their supervision practices
to enhance public safety and reduce costs to taxpayers.

Section 2. {Definitions}

(A) "Evidence-based practices" means supervision policies, procedures, programs
and practices that scientific research demonstrates reduce recidivism among
people on probation, parole, or post-release supervision.

(B) "Supervised individual" means an individual placed on probation by a court or
serving a period of parole or post-release supervision from prison or jail.

(C) "Conditions of supervision" means conditions of probation, parole or other form
of post-prison supervision.

Section 3. {Calculation of State Prison Savings}

(A) The [state oversight agency] shall annually calculate:

(1) The percentage of supervised individuals who are revoked for violations of their
conditions of supervision and ordered to serve a term of imprisonment in the state
[Department of Corrections]. This calculation shall be based on the fiscal year prior
to the fiscal year in which the report is required pursuant to Section 5 of this title.
The baseline revocation rate shall be the revocation rate in fiscal year 2008.

(2) The percentage of supervised individuals who are convicted of a new felony
offense and sentenced to a term of imprisonment in the state [Department of
Corrections]. This calculation shall be based on the fiscal year prior to the fiscal
year in which the report is required pursuant to Section 6 of this title. The baseline
new offense conviction rate shall be the conviction rate in fiscal year 2009.

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(3) Any state expenditures that have been avoided by reductions in the revocation
rate as calculated in paragraph (1) of this section.

(4) Any state expenditures that have been avoided by reductions in the new felony
offense conviction rate as calculated in paragraph (2) of this section. (5) The
calculations in paragraph (1) of this section shall be made separately for
supervised individuals under the supervision of probation agencies and under the
supervision of parole or other post-prison supervision agencies, and shall be made
separately by individual state and local agency.

Section 4. {Performance Incentive Funding}

(A) Beginning in fiscal year 2011, the legislature shall annually appropriate up to 45
percent of any state expenditures that are avoided as calculated in Section 3 of
this title. Such averted expenditures shall be appropriated to the [state or local
agency or agencies] responsible for those savings.

(B) The appropriations in paragraph (A) of this section are subject to the following
provisions:

(1) None of the calculated savings shall be appropriated annually to the [state or
local agency or agencies] if there is an increase in the percentage of individuals
supervised by [that agency or agencies] who are convicted of a new felony offense
as calculated in Section 3 paragraph (A)(2) of this title.

(2) Of the state expenditures that have been avoided by a reduction in the
revocation rate, as calculated in Section 3 paragraph (A)(1) of this title: (i) [Thirty]
percent of the total savings shall be appropriated to the [state or local agency or
agencies]; (ii) An additional [five] percent of the total savings shall be appropriated
to the [state or local agency or agencies] if there is an increase in the percentage
of people who are supervised by [that agency] and who are employed in a full-time
job or employed part time for at least 25 hours per week, provided that the
[agency] has submitted data to the [state oversight agency] showing such
increases, and the [state oversight agency] includes this information in the report
required pursuant to Section 6 of this title; (iii) An additional [five] percent of the
total savings shall be appropriated to the [state or local agency or agencies] if
there is an increase in the percentage of people who are supervised by [that
agency or agencies] who are current in their payments of victim restitution,
provided that the [agency] has submitted data to the [state oversight agency]
showing such increases and the [state oversight agency] includes this information
in the report required pursuant to Section 6 of this title; (iv) An additional [five]
percent of the total savings shall be appropriated to the [state or local agency or
agencies] if there is a decrease in the percentage of people who are supervised by
that [agency or agencies] and who test positive for controlled substances, provided
that the [agency] has submitted data to the [state oversight agency] showing such
decreases and the [state oversight agency] includes this information in the report
required pursuant to Section 6 of this title.

(3) Of the state expenditures that have been avoided by a reduction in the new
felony offense conviction rate as calculated in Section 3 paragraph (A)(2) of this
section: (i) Thirty percent of the total savings shall be appropriated to the state or
local agency or agencies; (ii) An additional five percent of the total savings shall be
appropriated to the [state or local agency or agencies] if there is an increase in the
percentage of people who are supervised by [that agency or agencies] and who are
employed in a full-time job or employed part time for at least 25 hours per week,
provided that the agency has submitted data to the [state oversight agency]
showing such increases, and the [state oversight agency] includes this information
in the report required pursuant to Section 6 of this title; (iii) An additional five per
cent of the total savings shall be appropriated to the [state or local agency or
agencies] if there is an increase in the percentage of people who are supervised by
that [agency or agencies] who are current in their payments of victim restitution,
provided that the [agency] has submitted data to the [state oversight agency]
showing such increases and the [state oversight agency] includes this information
in the report required pursuant to Section 6 of this title; (iv) An additional five
percent of the total savings shall be appropriated to the [state or local agency or
agencies] if there is a decrease in the percentage of people who are supervised by
[that agency or agencies] and who test positive for controlled substances.

(4) The monies appropriated pursuant to this title shall be used to supplement, not
supplant, any other state or county appropriations for probation, parole or other
post-prison supervision services.

Section 5. {Use of Funds}

(A) Monies received through appropriations pursuant to this title shall be used for
the

following purposes:

(1) Implementation of evidence-based practices;

(2) Increasing the availability of risk reduction programs and interventions,
including substance abuse treatment programs, for supervised individuals;

(3) Grants to nonprofit victim services organizations to partner with the community
corrections agencies and courts to assist victims and increase the amount of
restitution collected from probationers.

Section 6. {Reports}

(A) On or before [October 1] of each year, beginning in 2011, the judicial branch,
[units of local government] and the state [Department of Corrections] shall jointly
report to the [state oversight agency] the data necessary for the [state oversight
agency] to perform the calculations required by Section 3 of this title. The report
shall provide separate figures for probation and parole or other form of post-prison
supervision and include for the prior fiscal year:

(1) The number of supervised individuals, by agency;

(2) The number and percentage of supervised individuals, by agency, who were
revoked for violations of their conditions of supervision and ordered to serve a
term of imprisonment in the state [Department of Corrections]; and

(3) The number and percentage of supervised individuals, by agency, who were
convicted of a new felony offense and sentenced to a term of imprisonment in the
state [Department of Corrections].

(B) On or before [December 1] of each year, beginning in 2011, the [state oversight
agency] shall report each year on the implementation of this title to the president
of the senate, the speaker of the house of representatives, the chief justice, and
the governor. The report shall include the calculations made pursuant to this
Section 3 of this title and the resulting performance incentive funding, if any, to be
appropriated.

(C) The [state oversight agency] shall make its full report and an executive
summary available to the general public on its website.

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

Corrections
Performance
Incentive
Act (Microsoft
Word
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