House Bill 840

AN ACT TO CREATE THE "COMMUNITY CORRECTIONS PERFORMANCE MEASUREMENT ACT"; TO PROVIDE CERTAIN DEFINITIONS; TO PROVIDE A SYSTEMATIC PERFORMANCE MEASUREMENT MODEL FOR COMMUNITY CORRECTIONS AGENCIES; TO PROVIDE THAT SUCH PERFORMANCE MEASUREMENT SYSTEM SHALL BE DEVELOPED BY THE DEPARTMENT OF CORRECTIONS OR OTHER SUPERVISING AGENCIES WITHIN A CERTAIN TIME FRAME; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known and may be cited as the "Community Corrections Performance Measurement Act."

SECTION 2. For purposes of this act, the following words and terms shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) "Agency" means:

(i) 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 post-incarceration supervision after jail or prison; and

(ii) Any regional county or local government agencies responsible for supervising individuals placed on probation by the courts or serving a period of parole or

post-incarceration supervision after jail or prison, provided such agencies receive state funding.

(b) "Community supervision" means:

(i) 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

(ii) 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 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:

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

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

(iii) 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 as follows:

(i) Full time (more than 20 hours per week) at legitimate employment; or

(ii) Part time (less than 20 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 3. (1) The agency shall develop and implement a performance measurement system within eighteen (18) months of the effective date of this act.

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

(i) Recidivism of supervised individuals;

(ii) Employment of supervised individuals;

(iii) Substance use by supervised individuals;

(iv) Victim restitution paid by supervised individuals;

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

(vi) Status of discharge from supervision.

(4) 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:

(i) Recidivism — Performance Standard 1A, Outcome Measures 1 and 2, Performance Standards 2B, Outcome Measures 1, 2, and 3;

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

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

(iv) Victim restitution — Performance Standard 2E, Outcome Measures 2, 3 and 4;

(v) Victim protection — Performance Standard 2E, Outcome Measure 1;

(vi) Status of discharge from supervision — Performance Standard 2A, Outcome Measure 1.

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

(5) 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.

(6) 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 4. Nothing in this act supersedes or otherwise affects the provisions of Chapter 5, Title 47. In the event any provision in this act conflicts with any provision of Chapter 5, Title 47, the latter chapter and title are hereby deemed and shall be controlling over the provisions of this act.

SECTION 5. This act shall take effect and be in force from and after July 1, 2012.