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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures governing declared disasters for the Texas |
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Department of Criminal Justice and the Board of Pardons and |
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Paroles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 491.001(a)(1), Government Code, is |
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amended to read as follows: |
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(1) "Board" means the Texas Board of Criminal Justice, |
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except as provided by Sections [Section] 508.001 and 509A.001. |
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SECTION 2. Subtitle G, Title 4, Government Code, is amended |
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by adding Chapter 509A to read as follows: |
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CHAPTER 509A. PROCEDURES FOR DECLARED DISASTERS |
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Sec. 509A.001. DEFINITIONS. (a) In this chapter: |
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(1) "Board" means the Board of Pardons and Paroles. |
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(2) "Declared disaster" means a disaster declared by: |
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(A) the governor under Chapter 418; or |
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(B) the president of the United States under the |
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Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 |
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U.S.C. Section 5121 et seq.), if any part of this state is named in |
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the federally declared disaster area. |
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Sec. 509A.002. ADVISORY BOARD. (a) An advisory board is |
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established to provide the department and the board with |
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recommendations for the emergency response plan developed under |
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Section 509A.003 and to update those recommendations annually. |
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(b) The advisory board is composed of: |
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(1) the executive director or the executive director's |
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designee; |
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(2) the commissioner of public health of the |
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Department of State Health Services or the commissioner's designee; |
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(3) the presiding officer of the board; and |
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(4) the following members appointed by the governor: |
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(A) at least two members each of whom has |
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previously been incarcerated; |
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(B) two members each of whom is a family member of |
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an inmate; |
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(C) one member who has a background in emergency |
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planning and has previously created an emergency management program |
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for accreditation purposes; and |
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(D) one member with a background in public health |
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who is capable of ascertaining vulnerabilities to emerging diseases |
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or infections that could affect the department's operations. |
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(c) In developing and updating the recommendations required |
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by this section: |
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(1) the department and the board shall provide the |
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advisory board with access to all relevant information necessary to |
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make the recommendations; and |
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(2) the advisory board may access any facility |
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operated by or under contract with the department. |
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(c-1) Not later than March 1, 2022, the advisory board shall |
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develop the recommendations required by this section and submit |
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those recommendations to the department and the board. This |
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subsection expires September 1, 2022. |
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(d) Not later than March 1 of each year, the advisory board |
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shall update the recommendations developed under this section and |
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submit those recommendations to the department and the board. |
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(e) If the department's or the board's response to a |
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declared disaster is inconsistent with the recommendations |
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submitted under this section, the advisory board may obtain any |
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relevant data and reports and may conduct interviews with inmates |
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and other relevant persons to identify any consequences of the |
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department's or board's response. |
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(f) Chapter 2110 does not apply to the composition or |
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duration of the advisory board. |
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Sec. 509A.003. EMERGENCY RESPONSE PLAN. (a) The |
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department and the board shall jointly develop an emergency |
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response plan to be implemented by each agency when responding to a |
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declared disaster. |
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(b) The emergency response plan must: |
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(1) specify procedures governing the release of |
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inmates on parole during the expedited parole approval process |
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required under Section 509A.004, including: |
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(A) the criteria a parole panel must consider |
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when determining whether to approve an inmate for release on |
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parole, such as: |
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(i) the age, health, and medical |
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vulnerability of an inmate; |
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(ii) whether an inmate is pregnant; |
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(iii) an inmate's progress in completing |
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any classes or programs that the board has required the inmate to |
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complete before being released on parole; and |
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(iv) if an inmate has not completed the |
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classes or programs described by Subparagraph (iii), whether the |
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inmate will be able to participate in those classes or programs, or |
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substantially similar classes or programs, through a parole officer |
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or community provider after the inmate is released on parole; |
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(B) the procedures for parole officers and |
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community providers to provide classes or programs described by |
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Paragraph (A)(iii) to inmates described by Paragraph (A)(iv); and |
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(C) the procedures authorizing the use of funds |
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described by Section 508.157(d) to provide housing vouchers or |
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direct payments to extended stay hotels or alternative housing |
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providers to ensure that inmates have temporary post-release |
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housing; and |
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(2) specify the operating procedures that will be |
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implemented by a correctional facility during a declared disaster, |
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including: |
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(A) evacuation procedures for inmates and |
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employees of the facility; |
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(B) guidelines for employees of the facility to |
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ensure their safety and well-being; and |
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(C) provisions to: |
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(i) prevent or minimize extended lockdowns |
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or periods of inmate segregation in a correctional facility; |
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(ii) ensure that an inmate may continue to |
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participate in any classes or programs that the board has required |
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the inmate to complete before being released on parole; |
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(iii) ensure that inmates have commissary |
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access at regular intervals during any extend period of a declared |
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disaster; |
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(iv) ensure that the department, the board, |
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and each correctional facility have sufficient quantities of |
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personal protective equipment for employees and inmates; |
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(v) ensure that an inmate is not denied |
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access to medical care, medication, or personal hygiene items; |
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(vi) require the department to waive any |
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fee charged to an inmate for medical care, including the health care |
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service fee required under Section 501.063; |
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(vii) prohibit a correctional facility from |
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suspending in-person inmate visitation for an extended period, |
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provided that a correctional facility may temporarily institute |
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video visitation for the health and safety of inmates and staff; and |
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(viii) prohibit an inmate from being |
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required to work without the inmate's consent and without |
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compensation if engaging in the work would endanger the health or |
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safety of the inmate. |
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Sec. 509A.004. PROCEDURES GOVERNING RELEASE ON PAROLE |
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DURING DECLARED DISASTER. (a) During a declared disaster, the |
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board shall: |
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(1) implement an expedited parole approval process in |
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accordance with the procedures described by Section 509A.003(b)(1) |
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for inmates who are eligible for release on parole; and |
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(2) modify existing parole policies and previous |
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parole decisions as necessary to allow an inmate who is eligible for |
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release on parole to complete, after being released on parole, any |
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remaining classes or programs that the board has previously ordered |
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the inmate to complete before being released on parole. |
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(b) The expedited parole process must allow for the board to |
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reconsider for release on parole an inmate who has previously been |
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denied release at a date earlier than the date designated under the |
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policy established under Section 508.141. |
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(c) Notwithstanding any other law, when determining whether |
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to approve an inmate for release on parole during a declared |
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emergency, a parole panel: |
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(1) must consider the criteria developed under Section |
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509A.003(b)(1)(A); and |
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(2) may release an inmate on parole regardless of |
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whether: |
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(A) the requirements of Section 508.141(e)(1) |
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are met; or |
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(B) the inmate has completed the programs or |
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classes described by Subsection (a)(2). |
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SECTION 3. (a) The Texas Department of Criminal Justice and |
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the Board of Pardons and Paroles shall jointly develop the |
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emergency response plan required by Section 509A.003, Government |
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Code, as added by this Act, not later than the 180th day after the |
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date the advisory board submits recommendations to the department |
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and the board as required by Section 509A.002(c-1), Government |
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Code, as added by this Act. |
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(b) The Board of Pardons and Paroles and a parole panel are |
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not required to comply with Section 509A.004, Government Code, as |
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added by this Act, until the Texas Department of Criminal Justice |
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and the board jointly develop the emergency response plan required |
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by Section 509A.003, Government Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |