B. Each county shall use its probation success incentive payment and any monies received from a statewide probation success incentive grant to improve supervision and rehabilitative services for probationers, including any of the following:

1. 1. Implementing and expanding evidence-based practices for risk and needs assessments for individualized programming.
2. 2. Implementing and expanding intermediate sanctions, including mandatory community restitution, home detention, day reporting, restorative justice programs and work furlough programs.
3. 3. Expanding the availability of evidence-based practices for rehabilitation programs, including drug and alcohol treatment, mental health treatment, anger management, cognitive behavior programs and job training and employment services.
4. 4. Recognizing and rewarding probation officers in adult probation departments whose work has advanced the implementation of evidence-based practices or who have contributed to the probation department's recidivism reduction efforts.
5. 5. Paying for continuing education and training that focuses on evidence-based practices for probation officers or probation staff, or both.
6. 6. Evaluating the effectiveness of rehabilitation and supervision programs and ensuring program fidelity.

G. At the end of each fiscal year, the administrative office of the courts shall gather data on, calculate and report the following for each fiscal year:

1. 1. The probation failure rate for this state and each county. To make this calculation, the baseline probation failure rate equals the average number of adult probationers who failed to successfully complete a term of probation during fiscal years 2007-2008, 2014-2015 and 2018-2019, as a percentage of the average number of probationers who successfully completed a term of probation during that same time period. When calculating probation failure, if a person on probation spends fewer than fourteen days in detention, that person's detention is not a probation failure. For the purposes of calculating the probation failure rate and the baseline probation failure rate, the number of adult probationers who failed to successfully complete a term of probation includes the following:

   1. (a) A probationer whose probation was revoked for a new crime or technical violation.
   2. (b) A probationer whose whereabouts are unknown and for whom an arrest warrant was issued during the fiscal year.
   3. (c) A probationer whose probation is terminated on serving a sentence in a county jail in lieu of probation revocation for a new crime or technical violation.
2. 2. An estimate of the number of adult probationers this state and each county successfully prevented from failing probation. This estimate is calculated based on the reduction in the probation failure rate as calculated annually pursuant to the baseline probation failure rate calculated pursuant to paragraph 1 of this subsection. In making this estimate, the administrative office of the courts, in consultation with the adult probation department, shall adjust the calculations to account for changes in the adult probation caseload in the most recent completed fiscal year as compared to the adult probation population during fiscal years 2007-2008, 2014-2015 and 2018-2019.
3. 3. The current total population of probationers for the last three years per county as of the date of the required report.

K. Each adult probation department shall define and track specific outcome-based measures, including all of the following:

1. 1. The percentage of probationers who are supervised in accordance with evidence-based practices.
2. 2. The specific supervision policies, procedures, programs and practices that were eliminated.
3. 3. The percentage of probationers who successfully complete the period of supervision.
4. 4. The number of probation absconders who are located each year and the disposition of these cases.
5. 5. The amount of monies received by each adult probation department.

M. On or before July 1, 2023 and annually thereafter, the administrative office of the courts shall submit to the governor, the speaker of the house of representatives, the president of the senate and the joint legislative budget committee a comprehensive report on the implementation of this section. The report must include all of the following information:

1. 1. The effectiveness of programs based on the reports of performance-based outcome measures required in subsection K of this section.
2. 2. The percentage of adult probationers whose supervision was revoked for the year that the report is being made.
3. 3. The percentage of probationers who were convicted of criminal offenses during the probationer's term of supervision for the year that the report is being made.

4. 4. The impact of the incentive payments allocated pursuant to this section to enhance public safety by:

   1. (a) Reducing the percentage and the number of probationers whose supervision was revoked for the year the report is being made for violations or new convictions.
   2. (b) Reducing the number of probationers who return to prison or jail or who abscond from probation for the year that the report is being made.
5. 5. Any recommendations regarding resource allocations or additional collaboration with other state, regional, federal or local entities for improvements made pursuant to this section.
6. 6. The number of probationers whose supervision was revoked solely for a violation of the terms of probation and the number of probationers whose supervision was revoked because of the commission of a new offense.

N. For the purposes of this section:

1. 1. "Baseline probation failure rate" means the average of the probation failure rates for fiscal years 2007-2008, 2014-2015 and 2018-2019. Each fiscal year's failure rate is the quotient of the number of persons on probation who failed to successfully complete the person's term of probation that is divided by the total number of persons on probation and that is calculated on a statewide basis and for each county.
2. 2. "Evidence-based practices" means supervision policies, procedures, programs and practices demonstrated by scientific research to reduce recidivism among persons on probation.
3. 3. "Marginal cost of incarceration" means the sum of all short-term variable costs associated with incarcerating a person in a state department of corrections facility and includes only those correctional costs that marginally change in proportion to the inmate population of a facility.

4. 4. "Probation programming" means all programs established pursuant to title 13, chapter 9 and consists of a system of probation supervision services dedicated to all of the following goals:

   1. (a) Enhancing public safety through managing and reducing offender risk while a probationer is under supervision and on reentry from prison into the community.
   2. (b) Providing a range of supervision tools, sanctions and services that are applied to probationers based on a risk or needs assessment, or both, to reduce criminal conduct and promote individualized behavioral change that results in reducing recidivism and promoting successful reintegration into the community.
   3. (c) Maximizing offender restitution, reconciliation and restorative services to crime victims, when applicable.
   4. (d) Holding probationers accountable for successful compliance with applicable court orders and conditions of probation.
   5. (e) Improving public safety outcomes for a person who is placed on probation after an offense, as measured by the person's successful completion of probation and commensurate reduction in the rate of probationers returning to prison as a result of a revocation or conviction of a new offense.