By: Place H.B. No. 2305
73R6580 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operation of substance abuse treatment programs in
1-3 the criminal justice system.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 493.009, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 493.009. SUBSTANCE ABUSE FELONY PUNISHMENT FACILITIES.
1-8 (a) The department, <through the community justice assistance
1-9 division and the pardons and paroles division and> with the
1-10 cooperation of the Texas Commission on Alcohol and Drug Abuse,
1-11 shall establish a program to confine and treat defendants punished
1-12 under Section 12.422, Penal Code, or required to participate in the
1-13 program under Section 18A, Article 42.12, Code of Criminal
1-14 Procedure.
1-15 (b) The board shall adopt criteria to determine the
1-16 suitability of candidates for participation in the program. The
1-17 department and the Texas Commission on Alcohol and Drug Abuse shall
1-18 jointly develop methods of screening and assessing inmates
1-19 sentenced under Section 12.422, Penal Code, or required to
1-20 participate in the program under Section 18A, Article 42.12, Code
1-21 of Criminal Procedure, to determine their need for specific types
1-22 of treatment for alcohol or drug abuse problems.
1-23 (c) The program for persons sentenced under Section 12.422,
1-24 Penal Code, or required to participate in the program under Section
2-1 18A, Article 42.12, Code of Criminal Procedure, must consist of
2-2 treatment programs that may vary in time from six months to 12
2-3 months. The department shall also establish and provide treatment
2-4 programs for persons in categories described by Subsections
2-5 (g)(1)-(3) who are housed in beds otherwise provided for persons
2-6 sentenced under Section 12.422, Penal Code, or required to
2-7 participate in the program under Section 18A, Article 42.12, Code
2-8 of Criminal Procedure.
2-9 (d) The program for persons sentenced under Section 12.422,
2-10 Penal Code, or required to participate in the program under Section
2-11 18A, Article 42.12, Code of Criminal Procedure, provided under this
2-12 section must contain highly structured work, education, and
2-13 treatment schedules, a clearly delineated authority structure, and
2-14 well-defined goals and guidelines. The department shall establish
2-15 a graded system of rewards and sanctions for inmates who
2-16 participate in the program, but a defendant sentenced under Section
2-17 12.422, Penal Code, or required to participate in the program under
2-18 Section 18A, Article 42.12, Code of Criminal Procedure, is not
2-19 entitled to earn awards of time for good conduct. An inmate
2-20 sentenced under Section 12.422, Penal Code, who is remanded to the
2-21 custody of the institutional division as a result of a refusal to
2-22 participate in the program is not entitled to earn awards of time
2-23 for good conduct while in the custody of the institutional
2-24 division. A qualified professional, at least every 60 days, must
2-25 perform an evaluation on a defendant<, other than a defendant whose
2-26 underlying offense is an offense under Article 6701l-1, Revised
2-27 Statutes,> that determines the defendant's treatment progress and
3-1 institutional behavior. <The professional must perform the
3-2 evaluation on a defendant whose underlying offense is an offense
3-3 under Article 6701l-1, Revised Statutes, at least every 28 days.>
3-4 Not later than three days after the date on which a four-month
3-5 evaluation is performed, <or in the case of a defendant whose
3-6 underlying offense is an offense under Article 6701l-1, Revised
3-7 Statutes, three days after the date on which a 28-day evaluation is
3-8 performed,> the qualified professional shall establish a tentative
3-9 release date for the defendant, notify the sentencing court of that
3-10 fact, and include with the notice a copy of the four-month <or
3-11 28-day> evaluation<, as appropriate>. The qualified professional
3-12 immediately shall notify the court if the professional determines
3-13 the defendant's conduct requires a revision of the tentative
3-14 release date.
3-15 (e) The department shall contract through the Texas
3-16 Commission on Alcohol and Drug Abuse with <nonprofit> organizations
3-17 to provide qualified professionals to implement the program for
3-18 persons sentenced under Section 12.422, Penal Code, or required to
3-19 participate in the program under Section 18A, Article 42.12, Code
3-20 of Criminal Procedure. For purposes of this subsection, a
3-21 "qualified professional" is a person who:
3-22 (1) is a certified alcohol and drug abuse counselor;
3-23 (2) is a certified social worker or advanced clinical
3-24 practitioner and who has at least two years of experience in
3-25 chemical dependency counseling; or
3-26 (3) is a licensed professional counselor, physician,
3-27 or psychologist and who has at least two years of experience in
4-1 chemical dependency counseling.
4-2 (f) The department shall adopt rules of conduct for inmates
4-3 participating in the program for persons sentenced under Section
4-4 12.422, Penal Code, or required to participate in the program under
4-5 Section 18A, Article 42.12, Code of Criminal Procedure. If the
4-6 qualified professional with primary responsibility for treating an
4-7 inmate and the individual in charge of security in the facility in
4-8 which the inmate is housed jointly determine that the inmate is not
4-9 complying with the rules or is medically or psychologically
4-10 unsuitable for the program, they shall notify the department of
4-11 that fact. The department, immediately on receiving notice, shall
4-12 request the sentencing court to reassume custody of the inmate if
4-13 the inmate was required to participate in the program under Section
4-14 18A, Article 42.12, Code of Criminal Procedure. The court shall
4-15 reassume custody before the 12th day after the date on which the
4-16 department notifies the court. If the court revokes the inmate's
4-17 probation, the admission of the inmate to the institutional
4-18 division is an admission for which the county from which the inmate
4-19 was sentenced is charged under the allocation formula established
4-20 under Section 499.071. If the inmate was transferred to the
4-21 facility from a county jail under Subsection (l), the department
4-22 shall return the inmate to the county jail. A court's
4-23 recommendation that a defendant be placed in a program created
4-24 under this section does not give the court the power to hold the
4-25 department or any officer or employee of the department in contempt
4-26 of court for failure to adhere to that recommendation.
4-27 (g) The department shall provide 12,000 beds for the purpose
5-1 of operating the program for persons sentenced under Section
5-2 12.422, Penal Code, or required to participate in the program under
5-3 Section 18A, Article 42.12, Code of Criminal Procedure, except that
5-4 the beds may also be used to house the following categories of
5-5 persons:
5-6 (1) persons transferred under Subchapter A, Chapter
5-7 499, Government Code, and Section 8(i), Article 42.18, Code of
5-8 Criminal Procedure;
5-9 (2) persons whose probation or parole has been
5-10 modified or revoked; and
5-11 (3) inmates confined in county jails awaiting transfer
5-12 to the institutional division.
5-13 (h) On and after the date persons are sentenced under
5-14 Section 12.422, Penal Code, or required to participate in the
5-15 program <established> under Section 18A, Article 42.12, Code of
5-16 Criminal Procedure <this section>, the department shall give
5-17 priority to housing those persons over the categories of persons
5-18 described by Subsections (g)(1)-(3).
5-19 (i) The department shall make quarterly reports to the
5-20 Legislative Criminal Justice Board that show the ratio of persons
5-21 in beds reserved under Subsection (g) who have been sentenced under
5-22 Section 12.422, Penal Code, or required to participate in the
5-23 program under Section 18A, Article 42.12, Code of Criminal
5-24 Procedure, to persons in those beds who have been sent to the
5-25 facilities by other methods.
5-26 (j) The department shall recover from a program participant
5-27 the cost to the department of providing treatment, to the extent
6-1 the participant has insurance that covers the treatment or is
6-2 otherwise able to pay for the treatment.
6-3 (k) It is the intent of the legislature that facilities
6-4 established under this section be used primarily to house persons
6-5 sentenced under Section 12.422, Penal Code, or required to
6-6 participate in the program under Section 18A, Article 42.12, Code
6-7 of Criminal Procedure, except that if treatment beds are empty,
6-8 this subsection does not prohibit the department from using those
6-9 empty beds to treat the categories of persons listed in Subsection
6-10 (g).
6-11 (l) The department shall identify inmates confined in county
6-12 jails who are awaiting transfer to the institutional division and
6-13 who because of their need for treatment of drug or alcohol problems
6-14 require transfer to a substance abuse felony punishment facility.
6-15 The department shall provide for the transportation of the <may
6-16 order the county to transfer an> inmate to such a facility. If the
6-17 board finds that a county has failed to fully cooperate with the
6-18 department in evaluating and transferring inmates under this
6-19 section, the board shall notify the Commission on Jail Standards of
6-20 that fact. On notice from the board, the commission may reduce or
6-21 suspend payments under Subchapter F, Chapter 499, or may suspend
6-22 the certification of the county jail as provided by Section
6-23 511.012.
6-24 (m) Notwithstanding any other provision of this section, the
6-25 department is authorized to provide substance abuse felony
6-26 punishment facilities, not to exceed 500 beds, for newly provided
6-27 alcohol and drug abuse beds exclusively for persons whose probation
7-1 or parole has been modified or revoked.
7-2 (n) The department shall separate participants in the
7-3 program created under this section from inmates of the
7-4 institutional division, except at times determined necessary by the
7-5 department for the purpose of transportation or for medical or
7-6 security reasons.
7-7 (o) If a defendant sentenced under Section 12.422, Penal
7-8 Code, or required to participate in the program under Section 18A,
7-9 Article 42.12, Code of Criminal Procedure, is released after
7-10 successful completion of the program, the Texas Commission on
7-11 Alcohol and Drug Abuse shall provide the participant transportation
7-12 at the expense of the commission to an appropriate continuum of
7-13 care program developed for the participant by the commission.
7-14 (p) The Criminal Justice Policy Council, with the assistance
7-15 of the Texas Commission on Alcohol and Drug Abuse and the
7-16 department, shall develop methods to evaluate the processes used by
7-17 the department in providing the program and the level of success
7-18 achieved by the program.
7-19 SECTION 2. Section 501.0931, Government Code, is amended by
7-20 amending Subsections (c), (d), (g), (h), and (j), and by adding
7-21 Subsection (k) to read as follows:
7-22 (c) The program must consist of a <three-month and a
7-23 six-month> treatment program of indeterminate length, not to exceed
7-24 12 months. The institutional division shall make a referral of an
7-25 inmate to a program based on the severity of the substance abuse
7-26 problem, eligibility of the inmate, and the availability of
7-27 treatment space. An inmate who has not more than 12 <six> months
8-1 remaining in the inmate's sentence before the earliest date the
8-2 inmate is eligible for parole is eligible for the <three-month>
8-3 program. <An inmate who has not more than one year remaining in
8-4 the inmate's sentence before the earliest date the inmate is
8-5 eligible for parole is eligible for the six-month program.>
8-6 (d) The institutional division shall separate inmates <who
8-7 participate in the three-month program from inmates who participate
8-8 in the six-month program and shall separate inmates> participating
8-9 in the program from the general population of the division and
8-10 house the inmates in discrete units or areas within units, except
8-11 during the diagnostic process or at other times determined to be
8-12 necessary by the division for medical or security purposes. The
8-13 institutional division shall separate an inmate who successfully
8-14 completes the program from the general population of the division
8-15 during any period after completion and before the inmate is
8-16 discharged or released on parole or mandatory supervision from the
8-17 department.
8-18 (g) The institutional division shall adopt:
8-19 (1) a procedure for determining which eligible inmates
8-20 are the best candidates for participation in the program, with
8-21 priority for those eligible inmates who volunteer; and
8-22 (2) rules of conduct for inmates participating in the
8-23 program.
8-24 (h) If the qualified professional implementing the program
8-25 <institutional division> determines that an inmate is not complying
8-26 with the rules of the program, the qualified professional shall
8-27 notify the institutional division of that fact and the
9-1 institutional division shall <may> end the inmate's participation
9-2 in the program and transfer the inmate out of the program.
9-3 (j) Neither the institutional division nor a qualified
9-4 professional implementing the program may operate the program in a
9-5 manner that automatically excludes inmates who do not volunteer to
9-6 participate, and the division and the treatment provider shall
9-7 attempt to encourage nonvolunteer inmates to participate <The
9-8 department shall require an inmate who participates in a treatment
9-9 program to participate in a drug or alcohol abuse after-care
9-10 program as a condition of parole after the inmate is released from
9-11 the institutional division>.
9-12 (k) The Criminal Justice Policy Council, with the assistance
9-13 of the institutional division, shall develop methods to evaluate
9-14 the processes used by the division in providing the program and the
9-15 level of success achieved by the program.
9-16 SECTION 3. Article 42.12, Code of Criminal Procedure, is
9-17 amended by adding Section 18A to read as follows:
9-18 Sec. 18A. SUBSTANCE ABUSE FELONY PROGRAM. (a) If a judge
9-19 places a defendant on probation under any provision of this article
9-20 as an alternative to imprisonment, the judge may require as a
9-21 condition of probation that the defendant serve a term of
9-22 confinement and treatment in a substance abuse treatment facility
9-23 operated by the Texas Department of Criminal Justice under Section
9-24 493.009, Government Code. A term of confinement and treatment
9-25 imposed under this section must be an indeterminate term of not
9-26 more than one year or less than six months.
9-27 (b) A judge may impose the condition of probation created
10-1 under this section regardless of whether the defendant is otherwise
10-2 eligible for probation under this article, but only if:
10-3 (1) the defendant is convicted of a felony other than
10-4 a felony under Section 21.11, 22.011, 22.021, or 25.06, Penal Code;
10-5 and
10-6 (2) the judge makes an affirmative finding that:
10-7 (A) drug or alcohol abuse significantly
10-8 contributed to the commission of the crime;
10-9 (B) the defendant is a suitable candidate for
10-10 treatment, as determined by the suitability criteria established by
10-11 the Texas Board of Criminal Justice under Section 493.009(b),
10-12 Government Code;
10-13 (C) there are no other community-based programs
10-14 or facilities that are suitable for the treatment of the defendant;
10-15 and
10-16 (D) after considering the gravity and
10-17 circumstances of the offense committed, imposing the condition
10-18 would best serve the ends of justice.
10-19 (c) If a judge requires as a condition of probation that the
10-20 defendant serve a term of confinement and treatment in a substance
10-21 abuse treatment facility under this section, the judge shall also
10-22 require as a condition of probation that on release from the
10-23 facility the defendant participate in a drug or alcohol abuse
10-24 continuum of care program developed by the Texas Commission on
10-25 Alcohol and Drug Abuse.
10-26 SECTION 4. Section 8(g), Article 42.18, Code of Criminal
10-27 Procedure, is amended to read as follows:
11-1 (g) The Texas Board of Criminal Justice may adopt such other
11-2 reasonable rules not inconsistent with law as it may deem proper or
11-3 necessary with respect to the eligibility of prisoners for parole
11-4 and mandatory supervision, the conduct of parole and mandatory
11-5 supervision hearings, or conditions to be imposed upon parolees and
11-6 persons released to mandatory supervision. Each person to be
11-7 released on parole shall be furnished a contract setting forth in
11-8 clear and intelligible language the conditions and rules of parole.
11-9 The parole panel may include as a condition of parole or mandatory
11-10 supervision any condition that a court may impose on a probationer
11-11 under Article 42.12 of this code, including the condition that the
11-12 person released submit to testing for controlled substances or
11-13 submit to electronic monitoring if the parole panel determines that
11-14 absent testing for controlled substances or participation in an
11-15 electronic monitoring program the person would not be released on
11-16 parole. Acceptance, signing, and execution of the contract by the
11-17 inmate to be paroled shall be a precondition to release on parole.
11-18 Persons released on mandatory supervision shall be furnished a
11-19 written statement setting forth in clear and intelligible language
11-20 the conditions and rules of mandatory supervision. The parole
11-21 panel may also require as a condition of parole or release to
11-22 mandatory supervision that the person make payments in satisfaction
11-23 of damages the person is liable for under Article 6184p, Revised
11-24 Statutes. The parole panel shall require as a condition of parole
11-25 or mandatory supervision that the person register under Article
11-26 6252-13c.1, Revised Statutes. The parole panel shall require as a
11-27 condition of parole or mandatory supervision that an inmate who
12-1 immediately before release is a participant in the program
12-2 established under Section 501.0931, Government Code, participate in
12-3 a drug or alcohol abuse continuum of care program developed by the
12-4 Texas Commission on Alcohol and Drug Abuse.
12-5 SECTION 5. A court may require the confinement and treatment
12-6 of a defendant as a condition of probation under Section 18A,
12-7 Article 42.12, Code of Criminal Procedure, as added by Section 3 of
12-8 this Act, granted for an offense whether the offense is committed
12-9 before, on, or after the effective date of this Act.
12-10 SECTION 6. This Act takes effect September 1, 1993.
12-11 SECTION 7. The importance of this legislation and the
12-12 crowded condition of the calendars in both houses create an
12-13 emergency and an imperative public necessity that the
12-14 constitutional rule requiring bills to be read on three several
12-15 days in each house be suspended, and this rule is hereby suspended.