| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the creation of a continuity of care and service program |
|
|
for veteran offenders; creating a criminal offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 434, Government Code, is amended by |
|
|
adding Subchapter J to read as follows: |
|
|
SUBCHAPTER J. CONTINUITY OF CARE FOR VETERAN OFFENDERS |
|
|
Sec. 434.421. DEFINITIONS. In this subchapter: |
|
|
(1) "Commission" means the Texas Veterans Commission. |
|
|
(2) "Veteran offender" includes a veteran of or a |
|
|
person serving on active duty in the armed forces of the United |
|
|
States for whom criminal charges are pending or who after |
|
|
conviction or adjudication is in custody or under any form of |
|
|
criminal justice supervision. |
|
|
Sec. 434.422. CONTINUITY OF CARE AND SERVICE PROGRAM FOR |
|
|
VETERAN OFFENDERS. (a) The commission, the criminal justice |
|
|
division of the governor's office, the Texas Workforce Commission, |
|
|
the Veterans' Land Board, the Commission on Jail Standards, the |
|
|
Texas Department of Criminal Justice, the Health and Human Services |
|
|
Commission, the bureau of identification and records of the |
|
|
Department of Public Safety, representatives of local mental health |
|
|
authorities appointed by the commissioner of the Department of |
|
|
State Health Services, the directors of community supervision and |
|
|
corrections departments, and representatives of veterans treatment |
|
|
court programs established under Chapter 124 shall adopt a |
|
|
memorandum of understanding that establishes their respective |
|
|
responsibilities to institute a continuity of care and service |
|
|
program for veteran offenders in the criminal justice system. The |
|
|
criminal justice division of the governor's office shall coordinate |
|
|
and monitor the development and implementation of the memorandum of |
|
|
understanding. |
|
|
(b) The memorandum of understanding must establish methods |
|
|
for: |
|
|
(1) identifying veteran offenders in the criminal |
|
|
justice system using data made available from the Veterans Reentry |
|
|
Search Service operated by the United States Department of Veterans |
|
|
Affairs or a similar service; |
|
|
(2) developing interagency rules, policies, and |
|
|
procedures for the coordination of care of and exchange of |
|
|
information on veteran offenders by the entities listed in |
|
|
Subsection (a); and |
|
|
(3) connecting veteran offenders to services needed to |
|
|
reenter the community successfully using a coordinated online |
|
|
network of public, private, and nonprofit organizations serving |
|
|
veterans, service members, and their families across service |
|
|
regions in this state that is funded by the Texas Workforce |
|
|
Commission. |
|
|
(c) The entities listed in Subsection (a) shall: |
|
|
(1) operate the continuity of care and service program |
|
|
for veteran offenders in the criminal justice system with any funds |
|
|
appropriated for that purpose; and |
|
|
(2) actively seek federal grants or funds to operate |
|
|
and expand the program. |
|
|
Sec. 434.423. EXCHANGE OF INFORMATION. (a) The entities |
|
|
listed in Section 434.422(a) shall: |
|
|
(1) accept information relating to a veteran offender |
|
|
that is sent to the entity to serve the purposes of continuity of |
|
|
care and services; and |
|
|
(2) disclose information relating to a veteran |
|
|
offender, including information about the offender's identity, |
|
|
needs, treatment, social, criminal, and vocational history, |
|
|
supervision status and compliance with conditions of supervision, |
|
|
and medical and mental health history, if the disclosure serves the |
|
|
purposes of continuity of care and services. |
|
|
(b) Information obtained under this section may not be used |
|
|
as evidence in any criminal proceeding, unless obtained and |
|
|
introduced by other lawful evidentiary means. |
|
|
(c) An entity listed in Section 434.422(a) shall manage |
|
|
confidential information accepted or disclosed under this section |
|
|
prudently so as to maintain the confidentiality of that |
|
|
information. |
|
|
(d) A person commits an offense if the person releases or |
|
|
discloses confidential information obtained under this section for |
|
|
purposes other than continuity of care and services. An offense |
|
|
under this subsection is a Class B misdemeanor. |
|
|
(e) It is an exception to the application of Subsection (d) |
|
|
that the person's release or disclosure of information was |
|
|
authorized by other law or with the consent of the person to whom |
|
|
the information relates. |
|
|
SECTION 2. Section 411.042, Government Code, is amended by |
|
|
adding Subsection (k) to read as follows: |
|
|
(k) The bureau of identification and records shall collect |
|
|
and disseminate information regarding veteran offenders in |
|
|
compliance with Subchapter J, Chapter 434. |
|
|
SECTION 3. This Act takes effect September 1, 2021. |