By Whitmire, Lucio S.B. No. 532
Substitute the following for S.B. No. 532:
By Telford C.S.S.B. No. 532
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the state jail division of the Texas
1-3 Department of Criminal Justice and to the operations of other
1-4 divisions of the department and community supervision and
1-5 corrections departments, to the certification of certain offenders,
1-6 and to the confinement of certain felons convicted of state jail
1-7 felonies or awaiting transfer from county jails to the
1-8 institutional division of the Texas Department of Criminal Justice;
1-9 making an appropriation.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 ARTICLE 1
1-12 SECTION 1.01. Section 491.001(a), Government Code, is
1-13 amended by adding Subdivision (7) to read as follows:
1-14 (7) "State jail division" means the state jail
1-15 division of the department.
1-16 SECTION 1.02. Section 493.002(a), Government Code, is
1-17 amended to read as follows:
1-18 (a) The following divisions are within the department:
1-19 (1) the community justice assistance division;
1-20 (2) the institutional division; <and>
1-21 (3) the pardons and paroles division; and
1-22 (4) the state jail division.
1-23 SECTION 1.03. Chapter 493, Government Code, is amended by
1-24 adding Section 493.0051 to read as follows:
2-1 Sec. 493.0051. STATE JAIL DIVISION. The state jail division
2-2 shall operate and manage state jails to confine defendants
2-3 described by Section 507.002.
2-4 SECTION 1.04. Section 494.008(a), Government Code, is
2-5 amended to read as follows:
2-6 (a) The director of the institutional division or the
2-7 director's designee may authorize employees of the institutional
2-8 division to transport inmates and to apprehend escapees from any
2-9 <the> division of the department. An employee acting under
2-10 authority granted by the director has the same powers and duties as
2-11 a peace officer under the laws of this state, except that the
2-12 employee may not act without receiving express orders from the
2-13 director or the director's designee, and may exercise those powers
2-14 and perform those duties throughout the state but only during duty
2-15 hours.
2-16 SECTION 1.05. Section 498.003(e), Government Code, is
2-17 amended to read as follows:
2-18 (e) If a person confined in a county jail or a transfer
2-19 facility operated by the institutional division is transferred to
2-20 any other facility of the institutional division for confinement
2-21 purposes, the director of the institutional division shall award
2-22 good conduct time to the person up to an amount equal to that which
2-23 the person could have accrued during the period of confinement
2-24 <imprisonment> in the county jail or transfer facility if instead
2-25 the person had been imprisoned <incarcerated> in the division
2-26 during that period.
2-27 SECTION 1.06. Chapter 499, Government Code, is amended by
3-1 adding Subchapter G to read as follows:
3-2 SUBCHAPTER G. TRANSFER FACILITIES
3-3 Sec. 499.151. AUTHORITY TO OPERATE OR CONTRACT FOR TRANSFER
3-4 FACILITIES. (a) The institutional division may operate, maintain,
3-5 and manage transfer facilities to confine inmates described by
3-6 Section 499.152, and the board may finance and construct those
3-7 facilities. The institutional division, with the approval of the
3-8 board, may contract with a private vendor or the commissioners
3-9 court of a county for the financing, construction, operation,
3-10 maintenance, or management of a transfer facility.
3-11 (b) The board and the institutional division shall ensure
3-12 that a service described by Subsection (a) is provided in
3-13 compliance with standards established under Section 511.017,
3-14 whether the board or the institutional division provides the
3-15 service or contracts with an entity listed by Subsection (a) for
3-16 the provision of the service.
3-17 (c) A transfer facility authorized by this subchapter may be
3-18 located on private land or on land owned by the federal government,
3-19 the state, or a political subdivision of the state. The board may
3-20 accept land donated for that purpose.
3-21 (d) A commissioners court of a county may not enter into a
3-22 contract or receive a grant under this section unless:
3-23 (1) the commissioners court first consults with the
3-24 community justice council serving the county; and
3-25 (2) the most recent community justice plan for the
3-26 county served by the community justice council that has been
3-27 approved by the community justice assistance division describes the
4-1 contract or grant.
4-2 Sec. 499.152. ELIGIBLE INMATES. The institutional division
4-3 may confine an inmate in a transfer facility authorized by this
4-4 subchapter:
4-5 (1) only if paperwork and processing required under
4-6 Section 8(a), Article 42.09, Code of Criminal Procedure, for
4-7 transfer of the inmate to the division has been completed; and
4-8 (2) only during a period in which the inmate would
4-9 otherwise be confined in a county jail awaiting transfer to the
4-10 division following conviction of a felony or revocation of
4-11 probation, parole, or release on mandatory supervision.
4-12 Sec. 499.153. ADMISSIONS POLICY. The board shall develop,
4-13 adopt, and enforce:
4-14 (1) an admissions policy to accept from county jails
4-15 eligible inmates described by Section 499.152 for confinement in
4-16 transfer facilities authorized by this subchapter; and
4-17 (2) a transfer policy to transfer eligible inmates
4-18 described by Section 499.152 from transfer facilities authorized by
4-19 this subchapter to other facilities of the institutional division.
4-20 Sec. 499.154. CUSTODY STATUS; GOOD CONDUCT TIME. An inmate
4-21 described by Section 499.152 confined in a transfer facility
4-22 authorized by this subchapter earns good conduct time in the same
4-23 manner and subject to the same rules as if the inmate were confined
4-24 in a county jail awaiting transfer to the institutional division.
4-25 Sec. 499.155. DURATION OF CONFINEMENT. (a) Except as
4-26 provided by Subsection (b), the institutional division may not
4-27 confine an inmate described by Section 499.152 in a transfer
5-1 facility authorized by this subchapter for a period that exceeds 18
5-2 months.
5-3 (b) If an inmate described by Section 499.152 is confined
5-4 in a transfer facility, is released from or transferred from the
5-5 transfer facility or returned to the convicting county under court
5-6 order, and is convicted of a subsequent offense, is returned from
5-7 the convicting county, or is the subject of a revocation of parole
5-8 or mandatory supervision, the institutional division shall not
5-9 calculate the previous period of confinement in determining the
5-10 maximum period the defendant may be confined in a transfer facility
5-11 following conviction of the subsequent offense, return from the
5-12 convicting county, or revocation.
5-13 (c) If an inmate is discharged or released on parole or
5-14 mandatory supervision from a transfer facility, the inmate is
5-15 entitled to receive release or discharge money from the
5-16 institutional division in the same amount as an inmate is entitled
5-17 to receive on release or discharge from any other facility of the
5-18 institutional division under Section 501.015.
5-19 SECTION 1.07. Subtitle G, Title 4, Government Code, is
5-20 amended by adding Chapter 507 to read as follows:
5-21 CHAPTER 507. JAIL DIVISION
5-22 SUBCHAPTER A. STATE JAIL FELONY FACILITIES
5-23 Sec. 507.001. AUTHORITY TO OPERATE OR CONTRACT FOR STATE
5-24 JAIL FELONY FACILITIES. (a) The state jail division may operate,
5-25 maintain, and manage state jail felony facilities to confine
5-26 inmates described by Section 507.002, and the board may finance and
5-27 construct those facilities. The state jail division, with the
6-1 approval of the board, may contract with the institutional
6-2 division, a private vendor, a community supervision and corrections
6-3 department, or the commissioners court of a county for the
6-4 operation, maintenance, or management of a state jail felony
6-5 facility. The state jail division or the community justice
6-6 assistance division, with the approval of the board, may make a
6-7 grant to a community supervision and corrections department or a
6-8 county for the construction, operation, maintenance, or management
6-9 of a state jail felony facility. A community supervision and
6-10 corrections department or the commissioners court of a county that
6-11 contracts or receives a grant under this section may subcontract
6-12 with a private vendor for the provision of any or all services
6-13 described by this subsection. The board may contract with a
6-14 private vendor or the commissioners court of a county for the
6-15 financing or construction of a state jail felony facility.
6-16 (b) The state jail division, after consultation with the
6-17 advisory committee on community supervision and corrections
6-18 department management to the judicial advisory council to the
6-19 community justice assistance division, shall propose and the board
6-20 shall adopt reasonable rules and procedures establishing minimum
6-21 requirements for work programs and programs of rehabilitation,
6-22 education, and recreation in state jail felony facilities. For
6-23 each state jail felony facility, the state jail division shall
6-24 request the assistance of the community supervision and corrections
6-25 departments and the community justice councils served by the
6-26 facility in developing programs for defendants confined in the
6-27 facility. In developing the programs, the state jail division
7-1 shall attempt to structure programs so that they are operated on a
7-2 90-day cycle.
7-3 (c) The board shall ensure that a service described by
7-4 Subsection (a) is provided in compliance with standards established
7-5 under Section 511.017, whether the board, the state jail division,
7-6 or the community justice assistance division provides the service
7-7 or contracts with or makes a grant to an entity listed in
7-8 Subsection (a) for the provision of the service. The board shall
7-9 ensure that a program described by Subsection (b) is provided in
7-10 compliance with minimum requirements established under Subsection
7-11 (b), whether the state jail division or the community justice
7-12 assistance division provides the service or contracts with or makes
7-13 a grant to an entity listed in Subsection (a) for the provision of
7-14 the service.
7-15 (d) A state jail felony facility authorized by this
7-16 subchapter may be located on private land or on land owned by the
7-17 federal government, the state, a judicial district, or a political
7-18 subdivision of the state. The board may accept land donated for
7-19 that purpose.
7-20 (e) A commissioners court of a county or a community
7-21 supervision and corrections department may not enter into a
7-22 contract or receive a grant under this section unless:
7-23 (1) the commissioners court or department first
7-24 consults with the community justice council serving the county or
7-25 serving the department; and
7-26 (2) the most recent community justice plan for the
7-27 county or department served by the community justice council that
8-1 has been approved by the community justice assistance division
8-2 describes the contract or grant.
8-3 Sec. 507.002. ELIGIBLE DEFENDANTS. The state jail division
8-4 may confine in a state jail felony facility authorized by this
8-5 subchapter defendants required by a judge to serve a term of
8-6 confinement in a state jail felony facility following conviction of
8-7 an offense punishable as a state jail felony.
8-8 Sec. 507.003. REGIONS. The state jail division shall
8-9 propose and the board shall designate not fewer than nine regions
8-10 in the state for the purpose of providing regional state jail
8-11 felony facilities. In proposing regions, the division shall ensure
8-12 that regions are designed to efficiently serve community
8-13 supervision and corrections departments. The division may not
8-14 propose a region that contains a part of an area served by a
8-15 community supervision and corrections department. The division may
8-16 propose a region that contains only one judicial district, but only
8-17 if the judicial district serves a municipality with a population of
8-18 400,000 or more. Any other provision of law that would otherwise
8-19 require the board to designate regions on the basis of uniform
8-20 service regions does not apply to this section.
8-21 Sec. 507.004. ALLOCATION POLICIES. The state jail division
8-22 shall propose and the board shall develop, adopt, and enforce:
8-23 (1) a regional allocation policy to allocate the
8-24 number of facilities and beds to each region established under
8-25 Section 507.003; and
8-26 (2) an intra-regional allocation policy for each
8-27 region, to allocate the number of facilities and beds within a
9-1 region to the community supervision and corrections departments in
9-2 that region, unless those departments by their own agreement
9-3 establish the allocation of beds in the region.
9-4 Sec. 507.005. IMPLEMENTATION. (a) The board shall provide
9-5 for the financing, construction, operation, maintenance, and
9-6 management of the state jail felony facilities for which funds are
9-7 appropriated under the General Appropriations Act or any other Act
9-8 of the 73rd Legislature, Regular Session, 1993, in two phases.
9-9 (b) In phase one, the board and the state jail division
9-10 shall provide for state jail felony facilities that contain not
9-11 more than 70 percent of the beds for which funds are appropriated
9-12 as described by Subsection (a). The board shall consider the
9-13 regions established under Section 507.003 and attempt to place
9-14 state jail felony facilities at locations that are sufficiently
9-15 geographically diverse to serve the needs of each of those regions.
9-16 The state jail division, with the approval of the board, shall
9-17 contract with the institutional division for the construction,
9-18 operation, maintenance, and management of facilities included in
9-19 phase one.
9-20 (c) In phase two, the board and at the discretion of the
9-21 board either or both the state jail division or the community
9-22 justice assistance division shall provide for state jail felony
9-23 facilities that contain the percentage of beds for which funds are
9-24 appropriated as described by Subsection (a) but that are not
9-25 included in phase one. The state jail division or the community
9-26 justice assistance division, with the approval of the board, shall
9-27 attempt to contract with private vendors or commissioners courts of
10-1 counties for the construction of state jail felony facilities
10-2 included in phase two and shall attempt to contract with private
10-3 vendors or contract with or make grants to commissioners courts of
10-4 counties or community supervision and corrections departments for
10-5 the operation, maintenance, or management of state jail felony
10-6 facilities included in phase two. The state jail division or the
10-7 community justice assistance division, with the approval of the
10-8 board, may establish pilot programs with counties or community
10-9 supervision and corrections departments in which the counties and
10-10 departments agree to operate state jail felony facilities included
10-11 in phase two under a formula of mutual accountability for
10-12 sentencing practices and the funding of criminal justice programs.
10-13 A commissioners court of a county or a community supervision and
10-14 corrections department may not enter into a contract or receive a
10-15 grant under this subsection unless:
10-16 (1) the commissioners court or department first
10-17 consults with the community justice council serving the county or
10-18 serving the department; and
10-19 (2) the most recent community justice plan for the
10-20 county or department served by the community justice council that
10-21 has been approved by the community justice assistance division
10-22 describes the contract or grant.
10-23 (d) The board, not later than October 1, 1993, shall adopt a
10-24 timetable for the implementation of phase one and phase two. The
10-25 board shall design the timetable in a manner that permits the
10-26 institutional division to meet the obligations imposed on the
10-27 division by Section 499.121(c).
11-1 (e) This section expires September 1, 1995.
11-2 Sec. 507.006. USE OF FACILITY FOR TRANSFER INMATES. (a)
11-3 Notwithstanding any other provision of this subchapter, the state
11-4 jail division, with the approval of the board, may designate one or
11-5 more state jail felony facilities to house exclusively inmates who
11-6 are eligible for confinement in a transfer facility under Section
11-7 499.152, but only if the designation does not deny placement in a
11-8 state jail felony facility of defendants required to serve terms of
11-9 confinement in a facility on conviction of state jail felonies.
11-10 (b) Sections 499.154 and 499.155 apply to an inmate eligible
11-11 for confinement in a transfer facility under Section 499.152 who is
11-12 nonetheless confined in a state jail felony facility in the same
11-13 manner as if the inmate were confined in a transfer facility.
11-14 (c) This section expires September 1, 1997.
11-15 SUBCHAPTER B. MISCELLANEOUS PROVISIONS
11-16 Sec. 507.021. EMPLOYEES: LIMITED LAW ENFORCEMENT POWERS.
11-17 (a) The director of the state jail division or the director's
11-18 designee may authorize employees of the division to transport
11-19 defendants and to apprehend escapees from any division of the
11-20 department. An employee acting under authority granted by the
11-21 director has the same powers and duties as a peace officer under
11-22 the laws of this state, except that the employee may not act
11-23 without receiving express orders from the director or the
11-24 director's designee, and may exercise those powers and perform
11-25 those duties throughout the state, but only during duty hours.
11-26 (b) The state jail division may allow employees who are
11-27 granted law enforcement authority under this section to assist
12-1 peace officers in any county of the state if the assistance is
12-2 requested for the purpose of apprehending an escapee of a municipal
12-3 or county jail and if the division determines that the assistance
12-4 will not jeopardize the safety and security of the division and its
12-5 personnel. An employee who assists a peace officer in the
12-6 performance of the officer's duties has the same powers and duties
12-7 as the officer requesting assistance.
12-8 (c) An employee of the state jail division may not enforce
12-9 the laws of this state relating to the prevention of misdemeanors
12-10 and the detention of persons who commit misdemeanors, including
12-11 laws regulating traffic and the use of state highways.
12-12 (d) An employee described by Subsection (a) may not be
12-13 considered a peace officer for any purposes other than those
12-14 specified under this section and is not required to be certified by
12-15 the Commission on Law Enforcement Officer Standards and Education.
12-16 Sec. 507.022. EMPLOYEES' SALARIES, ROOM AND BOARD, AND
12-17 MEDICAL CARE. (a) Salaries of employees of the state jail
12-18 division and the provision of board, lodging, uniforms, and other
12-19 provisions to employees are as provided by the General
12-20 Appropriations Act.
12-21 (b) Employees of the state jail division who are injured in
12-22 the line of duty are entitled to receive free medical care and
12-23 hospitalization from institutional division doctors and the
12-24 institutional division hospital.
12-25 Sec. 507.023. AIDS AND HIV EDUCATION; TESTING. (a) The
12-26 state jail division shall establish and provide education programs
12-27 to educate state jail division employees and defendants in state
13-1 jail felony facilities about AIDS and HIV in the same manner as the
13-2 institutional division establishes and provides programs for
13-3 employees and inmates under Section 501.054.
13-4 (b) The state jail division shall adopt a policy for
13-5 handling a defendant with AIDS or HIV and may test a defendant for
13-6 AIDS or HIV in the same manner and subject to the same conditions
13-7 as apply to the institutional division under Section 501.054.
13-8 (c) In this section, "AIDS" and "HIV" have the meanings
13-9 assigned by Section 81.101, Health and Safety Code.
13-10 Sec. 507.024. TRANSPORTATION OF DEFENDANTS. The board shall
13-11 adopt rules to provide for the safe transfer of defendants from
13-12 counties to state jail felony facilities. A sheriff may transport
13-13 defendants to a state jail felony facility if the sheriff is able
13-14 to perform the service as economically as if the service were
13-15 performed by the division. The state jail division is responsible
13-16 for the cost of transportation of defendants to the division.
13-17 Defendants may be transported with other persons being transported
13-18 to the custody of the department provided appropriate security
13-19 precautions prescribed by policies of the department are taken.
13-20 Sec. 507.025. MEDICAL CARE. The state jail division, with
13-21 the approval of the board, may contract with the institutional
13-22 division, a private vendor, or any public health care provider for
13-23 the provision of medical services to defendants in state jail
13-24 felony facilities.
13-25 Sec. 507.026. CHANGE IN DESIGNATION OF FACILITY. The board
13-26 may designate any facility under its control as a state jail felony
13-27 facility and confine state jail felons in that facility.
14-1 SECTION 1.08. Subsection (h) and (i) of Section 501.059,
14-2 Government Code as added by S.B. 378, Acts of the 73rd Legislature,
14-3 Regular Session, 1993 are amended to read as follows:
14-4 (h) To the extent possible the committee shall integrate the
14-5 preferred provider arrangement network with the public medical
14-6 schools of this state and the component and affiliated hospitals of
14-7 those medical schools.
14-8 (i) For those services for which the public medical schools
14-9 and their components and affiliates cannot provide, the committee
14-10 shall initiate a competitive bidding process for contracts under
14-11 this section to provide medical care to inmates confined in the
14-12 institutional division.
14-13 SECTION 1.09. Chapter 511, Government Code, is amended by
14-14 adding Section 511.017 to read as follows:
14-15 Sec. 511.017. DUTIES RELATED TO STATE JAIL FELONY FACILITIES
14-16 AND INSTITUTIONAL DIVISION TRANSFER FACILITIES. (a) In this
14-17 section:
14-18 (1) "State jail division" means the state jail
14-19 division of the Texas Department of Criminal Justice.
14-20 (2) "State jail felony facility" means a state jail
14-21 felony facility authorized by Subchapter A, Chapter 507.
14-22 (3) "Transfer facility" means a transfer facility
14-23 operated by the institutional division of the Texas Department of
14-24 Criminal Justice under Subchapter G, Chapter 499.
14-25 (b) The commission shall provide the state jail division
14-26 with consultation and technical assistance relating to the
14-27 operation and construction of state jail felony facilities.
15-1 SECTION 1.10. The state jail division of the Texas
15-2 Department of Criminal Justice shall propose and the Texas Board of
15-3 Criminal Justice, not later than October 1, 1993, shall designate
15-4 regions as described by Section 507.003, Government Code, as added
15-5 by this article, and shall adopt the allocation policies described
15-6 by Section 507.004, Government Code, as added by this article.
15-7 SECTION 1.11. Section 811.001(8), Government Code, is
15-8 amended to read as follows:
15-9 (8) "Custodial officer" means a member of the
15-10 retirement system who is employed by the institutional division or
15-11 the state jail division of the Texas Department of Criminal Justice
15-12 <Corrections> and certified by the <that> department as having a
15-13 normal job assignment that requires frequent or infrequent
15-14 regularly planned contact with, and in close proximity to, inmates
15-15 of the institutional division or inmates or defendants confined in
15-16 the state jail division <that institution> without the protection
15-17 of bars, doors, security screens, or similar devices and includes
15-18 assignments normally involving supervision or the potential for
15-19 supervision of inmates in inmate housing areas, educational or
15-20 recreational facilities, industrial shops, kitchens, laundries,
15-21 medical areas, agricultural shops or fields, or in other areas on
15-22 or away from property of the institutional division or the state
15-23 jail division <institution>.
15-24 SECTION 1.12. Section 2(a)(4), Chapter 86, Acts of the 60th
15-25 Legislature, Regular Session, 1967 (Article 6228f, Vernon's Texas
15-26 Civil Statutes), is amended to read as follows:
15-27 (4) "Custodial personnel of the Texas Department of
16-1 Corrections" means a member of the class of employees of the
16-2 institutional division or the state jail division of the Texas
16-3 Department of Criminal Justice formally designated as custodial
16-4 personnel by the Texas Board of Criminal Justice or its predecessor
16-5 in function <the class of employees of the Department of
16-6 Corrections designated as custodial personnel by a resolution
16-7 adopted by the Texas Board of Corrections>.
16-8 SECTION 1.13. Section 9, Chapter 86, Acts of the 60th
16-9 Legislature, Regular Session, 1967 (Article 6228f, Vernon's Texas
16-10 Civil Statutes), is amended to read as follows:
16-11 Sec. 9. DUTY OF THE TEXAS BOARD OF CRIMINAL JUSTICE
16-12 <CORRECTIONS>. The Texas Board of Criminal Justice shall adopt and
16-13 include in its minutes a formal designation identifying the classes
16-14 of persons who are custodial personnel of the institutional
16-15 division or the state jail division of the Texas Department of
16-16 Criminal Justice so that there is no uncertainty about which
16-17 persons are custodial personnel <It shall be the duty of the Texas
16-18 Board of Corrections to adopt a formal designation spread on its
16-19 minutes identifying the classes of persons who are custodial
16-20 personnel of the Texas Department of Corrections. It is the intent
16-21 of the Legislature in enacting this provision that the
16-22 constitutional provisions of Section 51-d, Article III, of the
16-23 Texas Constitution, be observed in order that there be no
16-24 uncertainty about which persons are custodial personnel and which
16-25 are not>.
16-26 SECTION 1.14. Subchapter B, Chapter 13, Education Code, is
16-27 amended by adding Section 13.0323 to read as follows:
17-1 Sec. 13.0323. RESTRICTED CERTIFICATION OF INDIVIDUAL
17-2 CONVICTED OF A CRIMINAL OFFENSE. (a) The State Board of Education
17-3 by rule shall provide for restricted certification as a teacher of
17-4 an individual convicted of a criminal offense who would be eligible
17-5 for certification to teach in a public school in this state if the
17-6 individual had not been convicted of the offense.
17-7 (b) An individual certified under this section may serve as
17-8 a teacher only in a correctional facility operated by an agency of
17-9 the state or a political subdivision of the state.
17-10 SECTION 1.15. This article takes effect September 1, 1993.
17-11 ARTICLE 2
17-12 SECTION 2.01. Article 42.13, Code of Criminal Procedure, is
17-13 amended to read as follows:
17-14 Art. 42.13. COMMUNITY JUSTICE ASSISTANCE DIVISION OF THE
17-15 TEXAS DEPARTMENT OF CRIMINAL JUSTICE
17-16 Sec. 1. Purpose; Definitions. (a) The purpose of this
17-17 article is to:
17-18 (1) allow localities to increase their involvement and
17-19 responsibility in developing sentencing programs that provide
17-20 effective sanctions for criminal defendants <felony offenders>;
17-21 (2) provide increased opportunities for criminal
17-22 defendants <felony offenders> to make restitution to victims of
17-23 crime through financial reimbursement or community service;
17-24 (3) provide increased use of community penalties
17-25 designed specifically to meet local needs; and
17-26 (4) promote efficiency and economy in the delivery of
17-27 community-based correctional programs consistent with the
18-1 objectives defined by Section 1.02, Penal Code.
18-2 (b) In this article:
18-3 (1) "Board" means the Texas Board of Criminal Justice.
18-4 (2) "Community corrections facility" means a physical
18-5 structure or any portion of a structure designated as a community
18-6 corrections facility by a community justice council for the purpose
18-7 of confining defendants and providing services and programs to
18-8 modify criminal behavior, deter criminal activity, protect the
18-9 public, and restore victims of crime. The term includes:
18-10 (A) a restitution center;
18-11 (B) a court residential treatment facility;
18-12 (C) a substance abuse treatment facility;
18-13 (D) a custody facility or boot camp;
18-14 (E) a facility for an offender with a mental
18-15 impairment, as defined by Section 614.001, Health and Safety Code;
18-16 and
18-17 (F) an intermediate sanction facility.
18-18 (3) "Department" means a community supervision and
18-19 corrections department established under Article 42.131 of this
18-20 code.
18-21 (4) <(3)> "Division" means the community justice
18-22 assistance division of the Texas Department of Criminal Justice.
18-23 (5) "State aid" means funds appropriated by the
18-24 legislature to the division to provide financial assistance to:
18-25 (A) judicial districts, for the administration
18-26 of departments and the development or improvement of community
18-27 supervision services;
19-1 (B) judicial districts, counties,
19-2 municipalities, and nonprofit organizations for:
19-3 (i) the development or improvement of
19-4 community corrections facilities; and
19-5 (ii) complying with standards and policies
19-6 adopted by the division or board; and
19-7 (C) counties, as performance rewards.
19-8 Sec. 2. Standards and Procedures. (a) The division shall
19-9 propose and the board shall adopt reasonable rules establishing:
19-10 (1) <establishing> minimum standards for programs,
19-11 community corrections facilities and other facilities, equipment,
19-12 and other aspects of the operation of departments;
19-13 (2) <establishing an application process and
19-14 procedures for funding community corrections facilities; and>
19-15 <(3)> a list and description of core services that
19-16 should be provided by each department;
19-17 (3) methods for measuring the success of community
19-18 supervision and corrections programs, including methods for
19-19 measuring rates of diversion, program completion, and recidivism;
19-20 and
19-21 (4) <establishing> a format for community justice
19-22 plans.
19-23 (b) In establishing standards relating to the operation of
19-24 departments, the division shall consider guidelines <previously>
19-25 developed and presented by the advisory committee on community
19-26 supervision and corrections <probation> department management to
19-27 the judicial advisory council established under Section 493.003(b),
20-1 Government Code <Texas Adult Probation Commission>.
20-2 (c) After consultation with the Texas Commission on Alcohol
20-3 and Drug Abuse, the division by rule shall establish standards for
20-4 the operation of substance abuse facilities and programs by the
20-5 division and by departments. A facility or program operating
20-6 under the standards is not required to be licensed or otherwise
20-7 approved by any other state or local agency.
20-8 Sec. 3. Records, Reports, and Information Systems. (a) The
20-9 division shall require each department to:
20-10 (1) keep financial and statistical records determined
20-11 necessary by the division;
20-12 (2) submit a community justice plan and all supporting
20-13 information requested by the division;<, if Section 3 of Article
20-14 42.131 of this code applies to the department; and>
20-15 (3) present data requested by the division as
20-16 necessary to determine the amount of state aid for which the
20-17 department is eligible; and
20-18 (4) submit periodic financial audits and statistical
20-19 reports to the division.
20-20 (b) The division shall develop an automated <probationer>
20-21 tracking system that:
20-22 (1) is capable of receiving tracking data from
20-23 community supervision and corrections departments' caseload
20-24 management and accounting systems;
20-25 (2) is capable of tracking the defendant <probationer>
20-26 and the sentencing event at <conviction for> which the defendant
20-27 was placed on community supervision <probationer received
21-1 probation> by name, arrest charge code, and incident number;
21-2 (3) provides the division with the statistical data it
21-3 needs to support budget requests and satisfy requests for
21-4 information; and
21-5 (4) is compatible with the requirements of Chapter 60
21-6 of this code and the information systems used by the institutional
21-7 division and the pardons and paroles <Board of Pardons and Paroles>
21-8 division of the department.
21-9 Sec. 4. INSPECTIONS; AUDITS; EVALUATIONS. (a) The division
21-10 may inspect and evaluate a department or conduct audits of
21-11 financial records of a department at any reasonable time to
21-12 determine compliance with the division's rules and standards.
21-13 (b) The division, in cooperation with the Criminal Justice
21-14 Policy Council, annually shall evaluate not less than 10 percent of
21-15 the facilities described by Section 5 of this article and funded
21-16 with state aid by applying risk assessment instruments developed by
21-17 the division to determine whether persons confined exhibit levels
21-18 of risk or needs that if not addressed through the confinement and
21-19 treatment in a community corrections facility make it probable that
21-20 the persons would pose unacceptable levels of threat to public
21-21 safety through additional criminal behavior.
21-22 (c) The division shall authorize payments under Section
21-23 11(a)(1) of this article only if the division determines that the
21-24 department has made a reasonable effort to maintain workloads for
21-25 supervising officers that do not exceed the following ratios:
21-26 (1) one officer or full-time equivalent per 25 cases,
21-27 with a workload unit value of 4 per case, for cases requiring
22-1 intensive supervision;
22-2 (2) one officer or full-time equivalent per 40 cases,
22-3 with a workload unit value of 2.5 per case, for cases requiring
22-4 maximum supervision;
22-5 (3) one officer or full-time equivalent per 75 cases,
22-6 with a workload unit value of 1.33 per case, for cases requiring a
22-7 medium level of supervision; and
22-8 (4) one officer or full-time equivalent per 100 cases,
22-9 with a workload unit value of 1 per case, for cases requiring a
22-10 minimum level of supervision.
22-11 Sec. 5. Community Corrections Facilities And State Jail
22-12 Felony Facilities. (a) In order to establish and maintain
22-13 community corrections facilities and state jail felony facilities,
22-14 the division may:
22-15 (1) <develop standards for the physical plant and
22-16 operation of community corrections facilities and standards for the
22-17 programs offered by those facilities;>
22-18 <(2)> fund division-managed <community corrections>
22-19 facilities <if local contractors are not available or do not meet
22-20 the standards established by the division>;
22-21 (2) <(3)> fund contracts for <management of community
22-22 corrections> facilities that are managed by departments, counties,
22-23 or vendors;
22-24 (3) <(4)> provide funds to departments for the
22-25 renovation of leased or donated buildings for use as <community
22-26 corrections> facilities;
22-27 (4) <(5)> accept ownership of real property pursuant
23-1 to an agreement under which the division agrees to construct a
23-2 <community corrections> facility and offer the facility for lease;
23-3 (5) <(6)> allow departments, counties, or
23-4 municipalities to accept and use buildings provided by units of
23-5 local governments, including rural hospital districts, for use as
23-6 <community corrections> facilities;
23-7 (6) <(7)> provide funds to departments, counties, or
23-8 municipalities to lease, purchase, or construct buildings or to
23-9 lease or purchase<,> land<,> or other real property for use as
23-10 <community corrections> facilities, lease or purchase equipment
23-11 necessary for the operation of facilities, and pay other costs as
23-12 necessary for the management and operation of facilities; and
23-13 <(8) require that all community corrections facilities
23-14 be in compliance with state and local safety laws;>
23-15 <(9) develop standards for disciplinary rules to be
23-16 imposed on residents of community corrections facilities;>
23-17 <(10) require departments to provide data requested by
23-18 the division;>
23-19 (7) <(11)> be a party to a contract for correctional
23-20 services or approve a contract for those services if the state, on
23-21 a biennial appropriations basis, commits to fund a portion of the
23-22 contract<; and>
23-23 <(12) develop standards for the granting of emergency
23-24 furloughs for residents confined in community corrections
23-25 facilities>.
23-26 (b) The division may require that community corrections
23-27 facilities comply with state and local safety laws and may develop
24-1 standards for:
24-2 (1) the physical plant and operation of community
24-3 corrections facilities;
24-4 (2) programs offered by community corrections
24-5 facilities;
24-6 (3) disciplinary rules for residents of community
24-7 corrections facilities; and
24-8 (4) emergency furloughs for residents of community
24-9 corrections facilities.
24-10 (c) Minimum standards for community corrections facilities
24-11 must include requirements that a facility:
24-12 (1) provide levels of security appropriate for the
24-13 population served by the facility, including as a minimum a
24-14 monitored and structured environment in which a resident's interior
24-15 and exterior movements and activities can be supervised by specific
24-16 destination and time; and
24-17 (2) accept only those residents who are physically and
24-18 mentally capable of participating in any program offered at the
24-19 facility that requires strenuous physical activity, if
24-20 participation in the program is required of all residents of the
24-21 facility.
24-22 (d) The board may designate any community corrections
24-23 facility that is an intermediate sanction facility as a state jail
24-24 felony facility and confine state jail felons in that facility.
24-25 Sec. 6. Community Justice Plan. (a) The <Beginning on
24-26 September 1, 1991, the> division shall require as a condition to
24-27 payment of state aid to a department or county under Section 11
25-1 <or Section 13> of this article and eligibility for payment of
25-2 costs under Section 499.124, Government Code, that a community
25-3 justice plan be submitted for the department. The community
25-4 justice council shall submit the plan required by this subsection.
25-5 A community justice council may not submit a plan under this
25-6 section unless the plan is first approved by the district judges
25-7 who manage the department served by the council. The council shall
25-8 submit a revised plan to the division each odd-numbered year by a
25-9 date designated by the division.
25-10 (b) A community justice plan required under this section
25-11 must include:
25-12 (1) <a summary of services provided by or available to
25-13 the department at the time the plan is submitted;>
25-14 <(2) a description of proposed new facilities or
25-15 programs or significant expansion of existing facilities or
25-16 programs and a summary of how the department proposes to use the
25-17 facilities or programs, with a particular emphasis on the plans of
25-18 the department to expand the department's use of:>
25-19 <(A) electronic monitoring programs;>
25-20 <(B) testing for controlled substances; and>
25-21 <(C) community corrections facilities,
25-22 including:>
25-23 <(i) restitution facilities;>
25-24 <(ii) court residential treatment
25-25 facilities;>
25-26 <(iii) substance abuse treatment
25-27 facilities;>
26-1 <(iv) custody facilities and boot camps;>
26-2 <(v) facilities for offenders described by
26-3 Section 1, Article 4413(49a), Revised Statutes;>
26-4 <(vi) intermediate sanction facilities;>
26-5 <(vii) pre-parole transfer facilities;>
26-6 <(viii) halfway houses; and>
26-7 <(ix) work facilities;>
26-8 <(3) a description of services for offenders needed
26-9 within the area served by the department, including services needed
26-10 within an accessible radius of any facility or program that is
26-11 proposed;>
26-12 <(4) a copy or description of any proposed contract
26-13 that is required to achieve proposed facilities or programs; and>
26-14 <(5)> a statement of goals and priorities and of
26-15 commitment by the community justice council, the district judges
26-16 who manage the department, and the department to achieve a targeted
26-17 level of alternative sanctions;
26-18 (2) a description of methods for measuring the success
26-19 of programs provided by the department or provided by an entity
26-20 served by the department; and
26-21 (3) a proposal for the use of state jail felony
26-22 facilities and, at the discretion of the community justice council,
26-23 a regional proposal for the construction, operation, maintenance,
26-24 or management of a state jail felony facility by a county, a
26-25 community supervision and corrections department, or a private
26-26 vendor under a contract with a county or a community supervision
26-27 and corrections department.
27-1 <(c) A community justice plan submitted to the division by a
27-2 department or by departments acting in cooperation may include:>
27-3 <(1) implementation processes for division-approved
27-4 program evaluation and data collection;>
27-5 <(2) a description of existing and proposed personnel
27-6 training programs, community service programs, and restitution
27-7 programs;>
27-8 <(3) a description of existing and proposed programs
27-9 to recruit volunteer community service programs to work with
27-10 offenders served by the department; and>
27-11 <(4) other details or options that the community
27-12 justice council wishes to include.>
27-13 <(d) A community justice plan submitted under this section
27-14 must include, in addition to the information required by Subsection
27-15 (b) of this section, a budget and program schedule detailing the
27-16 application of state funding to the programs proposed in the plan
27-17 and any other information required by the division.>
27-18 Sec. 7. OFFICER CERTIFICATION. (a) The division shall
27-19 establish officer certification programs for department residential
27-20 officers and department supervision officers. Each program must
27-21 include coursework relating to the proper performance of the
27-22 officer's duties and an examination prepared by the division
27-23 administered at the conclusion of the coursework. The examination
27-24 must test officers on knowledge required for the proper performance
27-25 of their duties. Each officer who satisfactorily completes the
27-26 coursework and examination shall be certified.
27-27 (b) Except as provided by Subsections (d), (e), and (f) of
28-1 this section, a department may not continue to employ an officer
28-2 unless the officer is exempt from certification requirements on the
28-3 effective date of this Act or satisfactorily completes the
28-4 coursework and examination required by this section not later than
28-5 the first anniversary of the date on which the officer begins
28-6 employment with the department.
28-7 (c) The division shall provide adequate notification of the
28-8 results of examinations and provide other relevant information
28-9 regarding examinations as requested by examinees.
28-10 (d) The division may extend the period for the coursework
28-11 and examination requirements for an officer under Subsection (b) or
28-12 (f) of this section for an additional period not to exceed one year
28-13 because:
28-14 (1) of a need by the department to increase hiring to
28-15 reduce caseloads to a level necessary to receive full state aid; or
28-16 (2) an extenuating circumstance, as determined by the
28-17 division director, prevents the officer from completing the
28-18 coursework and examination within the required period <for officers
28-19 employed by a department that during the initial one-year period
28-20 increases hiring in order to reduce caseloads as required by law as
28-21 a condition to full state funding>.
28-22 (e) The division may waive certification requirements other
28-23 than a fee requirement for an applicant with a valid certificate
28-24 from another state that has certification requirements
28-25 substantially similar to those of this state.
28-26 (f) A department may not continue to employ a residential
28-27 officer unless the officer successfully completes the coursework
29-1 and examination requirement under this section before the first
29-2 anniversary of the date on which the officer begins the officer's
29-3 initial assignment to a residential facility <employment with the
29-4 department. The division shall make the first certification
29-5 coursework and examination required by this subsection available
29-6 not later than September 1, 1990. A residential officer employed
29-7 by a department before September 1, 1990, is not required to
29-8 successfully complete the examination before the first anniversary
29-9 of the date the division makes the first examination available>.
29-10 (g) The division may deny, revoke, or suspend a
29-11 certification or reprimand a certified officer for a violation of
29-12 this article or a rule of the Texas Board of Criminal Justice.
29-13 (h) If the division proposes to deny, <suspend or> revoke,
29-14 or suspend an officer's certification under this article or
29-15 reprimand a certified officer, the officer <person> is entitled to
29-16 a hearing before the division or a hearings examiner appointed by
29-17 the division. The division shall adopt procedures for appeals by
29-18 certified officers of decisions made by the division to deny,
29-19 revoke, or suspend a certification or to reprimand an officer <by
29-20 which decisions to suspend are made by or are appealable to the
29-21 commission>.
29-22 Sec. 8. TRAINING. The division may provide pre-service,
29-23 in-service, and educational training and technical assistance to
29-24 departments to promote compliance with the standards under this
29-25 article and to assist departments in improving the operation of
29-26 department services.
29-27 Sec. 9. <DATA AND REPORTS FOR STATE AID. The director of a
30-1 department shall present data requested by the division as
30-2 necessary to determine the amount of state financial aid to which
30-3 the department is entitled. A department receiving state aid shall
30-4 submit reports as required by the division.>
30-5 <Sec. 10.> PUBLIC MEETING. (a) The division may not take
30-6 an action under Sections 5(a)(1) through (6) <(2) through (7)> of
30-7 this article relating to a community corrections facility
30-8 established after August 31, 1989, unless a public meeting is held
30-9 about the proposed action before the action is taken.
30-10 (b) Before the 30th day before the date of the meeting, the
30-11 division, the department that the facility is to serve, or a vendor
30-12 proposing to operate the facility shall:
30-13 (1) publish notice of the date, hour, place, and
30-14 subject of the hearing required by Subsection (a) of this section
30-15 in three consecutive issues of a newspaper of, or in newspapers
30-16 that collectively have, general circulation in the county in which
30-17 the proposed facility is to be located; and
30-18 (2) mail a copy of the notice to each city council
30-19 member, county commissioner, state representative, and state
30-20 senator who represents the area in which the proposed facility is
30-21 to be located, unless the proposed facility has been previously
30-22 authorized to operate at a particular location by a community
30-23 justice council under Section 3, Article 42.131, of this code.
30-24 (c) If a private vendor, other than a private vendor that
30-25 operates as a nonprofit corporation, proposes to operate a facility
30-26 that is the subject of a public meeting under this section, the
30-27 private vendor is responsible for the costs of providing notice and
31-1 holding the public meeting required by this section.
31-2 (d) In describing the subject of a hearing for purposes of
31-3 publishing notice under this section, the notice must specifically
31-4 state the address of the facility on which a proposed action is to
31-5 be taken and describe the proposed action.
31-6 (e) The division, a department, or a private vendor shall
31-7 hold a public meeting required by Subsection (a) of this section
31-8 <in the county in which the facility on which a proposed action is
31-9 to be taken is located,> at a site as close as practicable to the
31-10 location at which the proposed action is to be taken <facility>.
31-11 (f) A department, a county, a municipality, or a combination
31-12 involving more than one of those entities may not take an action
31-13 under Section 10, Article 42.131, of this code unless the community
31-14 justice council serving the entity or entities holds a public
31-15 meeting before the action is taken, with notice provided and the
31-16 hearing to be held in the same manner as provided by Subsections
31-17 (a)-(e) of this section.
31-18 Sec. 10 <11>. Payment of State Aid. (a) If the division
31-19 determines that a department complies with division standards and
31-20 if the department or judges managing the department have submitted
31-21 a community justice plan under Section 3, Article 42.131 of this
31-22 code and the supporting information required by the division <this
31-23 article> and the division determines the plan and supporting
31-24 information are <is> acceptable, the division shall prepare and
31-25 submit to the comptroller of public accounts vouchers for payment
31-26 to the department as follows:
31-27 (1) for per capita funding, a per diem <an annual>
32-1 amount as provided in the General Appropriations Act for each
32-2 <full-time officer or each full-time equivalent employed by the
32-3 department who supervises any combination of> felony defendant
32-4 directly supervised by the department pursuant to lawful authority
32-5 <probationers that results in a workload unit level that does not
32-6 exceed 100, as determined under Subsection (c) of this section>;
32-7 (2) for per capita funding, a per diem amount for a
32-8 period not to exceed 182 days as provided in the General
32-9 Appropriations Act for each defendant <misdemeanor probationer>
32-10 supervised by the department pursuant to lawful authority, other
32-11 than a felony defendant <misdemeanor probationer under supervision
32-12 after the first anniversary of the date on which the probationer
32-13 was placed on probation>; and
32-14 (3) for formula funding, an annual amount as computed
32-15 by multiplying a <the> percentage based on the allocation formula
32-16 established under Section 499.071, Government Code <of
32-17 institutional admissions allocated to the county or counties served
32-18 by the department under Article 6166a-4, Revised Statutes>, times
32-19 the total amount provided in the General Appropriations Act for
32-20 payments under this subdivision.
32-21 (b) The division may use discretionary grant funds to
32-22 further the purposes of this chapter by contracting for services
32-23 with state agencies or nonprofit organizations. The division may
32-24 also make discretionary grants to departments, municipalities, or
32-25 counties for the following purposes:
32-26 (1) development and operation of pretrial and
32-27 presentencing services;
33-1 (2) electronic monitoring services <programs>,
33-2 surveillance supervision <probation> programs, and controlled
33-3 substances testing services <programs>;
33-4 (3) research projects to evaluate the effectiveness of
33-5 community corrections programs, if the research is conducted in
33-6 cooperation with the Criminal Justice Policy Council;
33-7 (4) contract services for felony defendants
33-8 <probationers>;
33-9 (5) residential services for misdemeanor defendants
33-10 <probationers> who exhibit levels of risk or needs indicating a
33-11 need for confinement and treatment, as described by Section 4(b) of
33-12 this article <Subsection (d) of this section>;
33-13 (6) establishment or operation of county correctional
33-14 centers under Subchapter H, Chapter 351, Local Government Code, or
33-15 community corrections facilities for which the division has
33-16 established standards under Section 5 of this article<, subject to
33-17 payment methods established under Subsection (e) of this section>;
33-18 and
33-19 (7) other purposes determined appropriate by the
33-20 division and approved by the board.
33-21 (c) In addition to payments under Subsections (a) and (b) of
33-22 this section and subject to the requirements of this subsection and
33-23 Section 12 of this article, the division shall make quarterly
33-24 county incentive payments to a county served by a department. The
33-25 total amount that a county may earn in a state fiscal year under
33-26 this section is to be determined by the division, based on an
33-27 amount provided by the General Appropriations Act multiplied by the
34-1 county's percentage of the total number of defendants added to
34-2 community supervision under Article 42.12 of this code in the
34-3 entire state during the preceding state fiscal year. The minimum
34-4 amount that a county may receive during a state fiscal year under
34-5 this subsection is $10,000. The division shall require as a
34-6 condition of making a payment under this subsection that the county
34-7 provide the division with a plan, including a budget and program
34-8 schedule, indicating the manner in which the payment is to be used
34-9 for each purpose described by Subsection (d) of this section. The
34-10 division may reject the plan, accept the plan, or make acceptance
34-11 of the plan conditional on modification of the plan and monitoring
34-12 of the plan by the division. <The division shall authorize
34-13 payments under Subsection (a)(1) of this section only if the
34-14 division determines that the department has made a reasonable
34-15 effort to maintain workloads for supervising officers that do not
34-16 exceed the following ratios:>
34-17 <(1) one officer or full-time equivalent per 25 cases,
34-18 with a workload unit value of 4 per case, for cases requiring
34-19 intensive supervision;>
34-20 <(2) one officer or full-time equivalent per 40 cases,
34-21 with a workload unit value of 2.5 per case, for cases requiring
34-22 maximum supervision;>
34-23 <(3) one officer or full-time equivalent per 75 cases,
34-24 with a workload unit value of 1.33 per case, for cases requiring a
34-25 medium level of supervision; and>
34-26 <(4) one officer or full-time equivalent per 100
34-27 cases, with a workload unit value of 1 per case, for cases
35-1 requiring a minimum level of supervision.>
35-2 (d) A county that receives a payment under Subsection (c) of
35-3 this section shall use not less than 25 percent of the payment for
35-4 substance abuse prevention and treatment programs and may use the
35-5 remainder for:
35-6 (1) implementation of the community justice plan for
35-7 the department that serves the county; or
35-8 (2) any program serving the juvenile justice needs in
35-9 the county. <The division annually shall evaluate its grant
35-10 payments for facilities described by Section 5 of this article by
35-11 applying risk assessment instruments developed by the division to
35-12 determine whether persons confined exhibit levels of risk or needs
35-13 that if not addressed through the confinement and treatment in a
35-14 community corrections facility make it probable that the persons
35-15 would pose unacceptable levels of threat to public safety through
35-16 additional criminal behavior. The division shall develop risk
35-17 assessment instruments for use under this section not later than
35-18 September 1, 1990.>
35-19 <(e) The division may fund community corrections facilities
35-20 for which standards have been established under Section 5 of this
35-21 article:>
35-22 <(1) on a grant basis;>
35-23 <(2) on a per diem basis per person confined; or>
35-24 <(3) by a combination of the grant and per diem basis.>
35-25 <(f) The division may make payments under Subsection (e)(2)
35-26 or (e)(3) of this section only from the residential services
35-27 component of state aid established in the General Appropriations
36-1 Act.>
36-2 (e) <(g)> Each department, county, or municipality shall
36-3 deposit all state aid received from the division <under this
36-4 article> in a special fund of the county treasury or municipal
36-5 treasury, as appropriate, to be used, except as provided by
36-6 Subsection (d)(2) of this section, solely for the provision of
36-7 services, programs, and facilities under this article or Subchapter
36-8 H, Chapter 351, Local Government Code.
36-9 (f) The division shall provide state aid to each department
36-10 on a biennial basis, pursuant to the community justice plan for the
36-11 biennium submitted by the department. A department with prior
36-12 division approval may transfer funds from one program or function
36-13 to another program or function.
36-14 Sec. 11 <12>. Refusal or Suspension of State Aid. (a) The
36-15 division shall adjust grant funding for facilities on the basis of
36-16 annual evaluations made by the division under Section 4(b) <11(d)>
36-17 of this article.
36-18 (b) The division shall take one or more of the following
36-19 actions against a department that the division determines is not in
36-20 substantial compliance with division standards or requirements
36-21 adopted under Sections 2-5 of this article:
36-22 (1) a reduction, refusal, or suspension of payment of
36-23 state aid to the department; or
36-24 (2) an imposition of budget control over the
36-25 department.
36-26 (c) The board shall provide for notice and a hearing in
36-27 cases in which the division proposes to take an action authorized
37-1 by this section. The division shall define with specificity the
37-2 conduct that constitutes substantial noncompliance with division
37-3 standards and shall establish the procedures to be used in imposing
37-4 or waiving a sanction authorized by this section, subject to
37-5 approval of the definition and the procedures by adoption by the
37-6 board.
37-7 <Sec. 13. ><Pretrial Release Report><. The Community Justice
37-8 Assistance Division shall collect statistical information on the
37-9 use of bail bonds, personal bonds and other types of pretrial
37-10 release in each county of the state. The information shall be
37-11 collected on an annual basis and analyzed to determine the
37-12 utilization rate for each type of release method. The Division
37-13 shall file a report of its findings with the Criminal Justice
37-14 Division of the Governor's Office, the Lieutenant Governor, the
37-15 Speaker of the House of Representatives, and the members of the
37-16 Legislature not later than December 31 of each year.>
37-17 Sec. 12 <13>. Cooperation With Institutional Division
37-18 <PERFORMANCE REWARDS>. <(a) The board shall develop, adopt, and
37-19 implement a performance rewards program to reward each county
37-20 served by a department that successfully diverts offenders from
37-21 confinement. In developing the program, the board shall consider
37-22 relevant factors for each county served by a department. The
37-23 factors shall include but are not limited to:>
37-24 <(1) the personal bond utilization rate in the county;>
37-25 <(2) the pretrial diversion rate in the county;>
37-26 <(3) the deferred adjudication rate in the county;>
37-27 <(4) the probation rate in the county;>
38-1 <(5) the probation revocation rate in the county, with
38-2 separate rates calculated for revocations based on technical
38-3 grounds and revocations based on grounds other than technical;>
38-4 <(6) the utilization rate of residential and
38-5 nonresidential diversion programs in the county;>
38-6 <(7) the institutional division commitment rate in the
38-7 county;>
38-8 <(8) the admission per index crimes rate in the
38-9 county; and>
38-10 <(9) the frequency with which and extent to which the
38-11 county does not use all admissions to which the county is entitled
38-12 under the allocation formula.>
38-13 <(b) On January 1 of each year, the division shall make the
38-14 first of four quarterly payments to a county served by a
38-15 department, other than a county described by Subsection (d) of this
38-16 section, on the basis of the performance record of the county
38-17 during the previous state fiscal year in diverting offenders from
38-18 confinement, as documented by information requested by the division
38-19 and provided by the department serving the county. If a county
38-20 qualifies for a reward under Subsection (a) of this section, the
38-21 minimum amount that the county is entitled to receive during a
38-22 state fiscal year is $50,000. Each department shall provide the
38-23 information for each county served by the department in a format
38-24 designed by the division, and each county participating in the
38-25 performance rewards program shall provide a plan, including a
38-26 budget schedule, indicating to the division the manner in which the
38-27 payment is to be used for each of the purposes described by
39-1 Subsection (c) of this section. The division may reject the plan,
39-2 accept the plan, or make acceptance of the plan conditional on
39-3 modification of the plan and monitoring of the plan by the
39-4 division.>
39-5 <(c) A county that receives a payment under this section
39-6 shall use not less than 25 percent of the payment for substance
39-7 abuse prevention and treatment programs and may use the remainder
39-8 of the payment for:>
39-9 <(1) any purposes for which state aid may be used
39-10 under Section 11(b) of this article;>
39-11 <(2) implementation of the community justice plan for
39-12 that county; or>
39-13 <(3) any program serving the criminal justice needs in
39-14 the county, including certified programs for youthful offenders.>
39-15 <(d)> The director of the institutional division shall
39-16 notify the director of the community justice assistance division if
39-17 a county fails to fully cooperate with employees of the
39-18 institutional division who are evaluating inmates who are
39-19 candidates for release on parole from the county jail. The
39-20 director of the community justice assistance division may not make
39-21 a payment under Section 10(c) of this article <section> to the
39-22 county described by this section <subsection>. For the purposes of
39-23 this section <subsection>, a county fails to fully cooperate with
39-24 employees of the institutional division if the county does not:
39-25 (1) refer candidates for release on parole from jail
39-26 in the manner required under guidelines established by the board;
39-27 (2) provide for each candidate a certified packet
40-1 containing all documents the county would otherwise have been
40-2 required to deliver to the director of the institutional division
40-3 under Section 8, Article 42.09 of this code, plus three photographs
40-4 and three thumbprint <fingerprint> cards taken in the manner
40-5 provided by Article 38.33 of this code;
40-6 (3) hold candidates until the candidates are denied
40-7 parole or released on parole, unless to do so would mean the county
40-8 failed to use all admissions allocated to the county under Section
40-9 499.071, Government Code; or
40-10 (4) permit the employees access to inmates or inmate
40-11 records or does not provide the employees with sufficient space to
40-12 conduct their evaluations.
40-13 <(e) The community justice assistance division annually
40-14 shall determine for each county whether the county has a successful
40-15 personal bond utilization rate in the county and a successful
40-16 pretrial diversion program. The division shall report its findings
40-17 to the Legislative Criminal Justice Board not later than December
40-18 31 of each year.>
40-19 SECTION 2.02. Article 42.131, Code of Criminal Procedure, is
40-20 amended to read as follows:
40-21 Art. 42.131. COMMUNITY SUPERVISION AND CORRECTIONS
40-22 DEPARTMENTS
40-23 Sec. 1. Definitions. In this article:
40-24 (1) "Board" means the Texas Board of Criminal Justice.
40-25 (2) "Community supervision" has the meaning assigned
40-26 by Section 2, Article 42.12, of this code.
40-27 (3) "Council" means a community justice council.
41-1 (4) <(3)> "Department" means a community supervision
41-2 and corrections department established under this article.
41-3 (5) <(4)> "Division" means the community justice
41-4 assistance division of the board.
41-5 Sec. 2. Establishment of Departments. (a) The district
41-6 judge or district judges trying criminal cases in each judicial
41-7 district in the state shall establish a community supervision and
41-8 corrections department and employ district personnel as may be
41-9 necessary to conduct presentence investigations <and risk
41-10 assessments>, supervise and rehabilitate defendants placed on
41-11 community supervision <probationers>, enforce the <terms and>
41-12 conditions of community supervision <probation>, and staff
41-13 community corrections facilities. Both the district judges trying
41-14 criminal cases and the judges of statutory county courts trying
41-15 criminal cases that are served by a community supervision and
41-16 corrections department are entitled to participate in the
41-17 management of the department.
41-18 (b) If two or more judicial districts serve a county, or a
41-19 district includes more than one county, one department shall serve
41-20 all courts and counties in the district. However, the board may
41-21 adopt rules to allow more than one department in a judicial
41-22 district that includes more than one county if providing more than
41-23 one department will promote administrative convenience or economy
41-24 or improve services. The board may adopt rules allowing
41-25 departments to contract with one another for services and
41-26 facilities.
41-27 Sec. 3. <Community Corrections Facilities;> Community
42-1 Justice Council. (a) <Subject to Subsection (b) of this section,
42-2 a department, county, municipality, or any combination involving
42-3 more than one of those entities may establish community corrections
42-4 facilities of the types described by Section 5, Article 42.13, of
42-5 this code. A department, county, municipality, or combination
42-6 involving more than one of those entities is specifically
42-7 encouraged to purchase or enter into contracts for the use of
42-8 abandoned or underutilized public facilities, such as rural
42-9 hospitals, for the purpose of providing treatment facilities. The
42-10 division may make grants to departments that use abandoned or
42-11 underutilized facilities described by this subsection.>
42-12 <(b)> A community justice council must be established by the
42-13 district judge or judges in each jurisdiction served by a
42-14 department, unless a board or council exists in the community on
42-15 September 1, 1991, that performs duties substantially similar to
42-16 those imposed on a community justice council under this section.
42-17 The council shall provide continuing policy guidance and direction
42-18 for the development of community <criminal> justice plans and
42-19 community corrections facilities and programs. A council should
42-20 consist of the following persons or their designees:
42-21 (1) a sheriff of a county to be served by the
42-22 department, chosen by the sheriffs of the counties to be served by
42-23 the department;
42-24 (2) a county commissioner or a county judge from a
42-25 county to be served by the department, chosen by the county
42-26 commissioners and county judges of the counties to be served by the
42-27 department;
43-1 (3) a city council member of the most populous
43-2 municipality in a county to be served by the department, chosen by
43-3 the members of the city councils of cities to be served by the
43-4 department;
43-5 (4) not more than two state legislators elected from a
43-6 county to be served by the department, chosen by the state
43-7 legislators elected from the counties to be served by the
43-8 department;
43-9 (5) the presiding judge from a judicial district to be
43-10 served by the department, chosen by the district judges from the
43-11 judicial districts to be served by the department;
43-12 (6) a judge of a statutory county court exercising
43-13 criminal jurisdiction in a county to be served by the department,
43-14 to be chosen by the judges of statutory county courts with criminal
43-15 jurisdiction in the counties to be served by the department;
43-16 (7) a county attorney with criminal jurisdiction from
43-17 a county to be served by the department, chosen by the county
43-18 attorneys with criminal jurisdiction from the counties to be served
43-19 by the department;
43-20 (8) a district attorney or criminal district attorney
43-21 from a judicial district to be served by the department, chosen by
43-22 the district attorneys or criminal district attorneys from the
43-23 judicial districts to be served by the department; and
43-24 (9) an elected member of the board of trustees of an
43-25 independent school district in a county to be served by the
43-26 department, chosen by the members of the boards of trustees of
43-27 independent school districts located in counties to be served by
44-1 the department.
44-2 (b) <(c)> The community justice council shall appoint a
44-3 community justice task force to provide support staff for the
44-4 development of a community justice plan. The task force may
44-5 consist of any number of members, but should include:
44-6 (1) the county or regional director of the Texas
44-7 Department of Human Services with responsibility for the area to be
44-8 served by the department;
44-9 (2) the chief of police of the most populous
44-10 municipality to be served by the department;
44-11 (3) the chief juvenile probation officer of the
44-12 juvenile probation office serving the most populous area to be
44-13 served by the department;
44-14 (4) the superintendent of the most populous school
44-15 district to be served by the department;
44-16 (5) the supervisor of the Department of Public Safety
44-17 region closest to the department, or the supervisor's designee;
44-18 (6) the county or regional director of the Texas
44-19 Department of Mental Health and Mental Retardation with
44-20 responsibility for the area to be served by the department;
44-21 (7) a substance abuse treatment professional appointed
44-22 by the Council of Governments serving the area to be served by the
44-23 department;
44-24 (8) the department director <chief>;
44-25 (9) the local or regional representative of the
44-26 pardons and paroles division of the Texas Department of Criminal
44-27 Justice <Board of Pardons and Paroles Division> with responsibility
45-1 for the area to be served by the department;
45-2 (10) the representative of the Texas Employment
45-3 Commission with responsibility for the area to be served by the
45-4 department;
45-5 (11) the representative of the Texas Rehabilitation
45-6 Commission with responsibility for the area to be served by the
45-7 department;
45-8 (12) a licensed attorney who practices in the area to
45-9 be served by the department and whose practice consists primarily
45-10 of criminal law;
45-11 (13) a court administrator, if one serves the area to
45-12 be served by the department;
45-13 (14) a representative of a community service
45-14 organization that provides adult treatment, educational, or
45-15 vocational services to the area to be served by the department; and
45-16 (15) a representative of an organization in the area
45-17 to be served by the department that is actively involved in issues
45-18 relating to defendants' rights, chosen by the county commissioners
45-19 and county judges of the counties to be served by the department.
45-20 Sec. 4. Department Director. The district judge or judges
45-21 shall appoint a department director who must meet, at a minimum,
45-22 the eligibility requirements for officers established under Section
45-23 5 of this article. The department director shall employ a
45-24 sufficient number of officers and other employees to perform the
45-25 professional and clerical work of the department.
45-26 Sec. 5. Standards for Officers. (a) Officers appointed by
45-27 the department director must comply with a code of ethics developed
46-1 by the division.
46-2 (b) To be eligible for appointment on or after September 1,
46-3 1989, <the effective date of this Act> as an officer who supervises
46-4 defendants placed on community supervision <probationers> a person:
46-5 (1) must have acquired a bachelor's degree conferred
46-6 by an institution of higher education accredited by an accrediting
46-7 organization recognized by the Texas Higher Education Coordinating
46-8 Board; and
46-9 (2) unless the bachelor's degree is in criminology,
46-10 corrections, counseling, law, social work, psychology, sociology,
46-11 or a related field that has been approved by the division, must
46-12 have:
46-13 (A) one year of graduate study in one of those
46-14 fields; or
46-15 (B) one year of experience in full-time
46-16 casework, counseling, or community or group work that has been
46-17 approved by the division.
46-18 (c) A person employed as a peace officer is not eligible for
46-19 appointment as an officer under this section.
46-20 (d) The division may establish a waiver procedure for
46-21 departments unable to hire persons meeting the requirements under
46-22 Subsection (b)(2) of this section.
46-23 Sec. 6. Employees; Benefits. (a) Except as provided by
46-24 Subsection (c) of this section, department employees are not state
46-25 employees. The department shall contract with the most populous
46-26 county served by the department for insurance and retirement plans,
46-27 and the employees are governed by personnel policies and benefits
47-1 equal to or more favorable to employees than <the same> personnel
47-2 policies for and benefits of other <as the> employees of that
47-3 county.
47-4 (b) The judicial districts served by a department shall pay
47-5 the salaries of department employees.
47-6 (c) Department employees are state employees for the
47-7 purposes of Chapter 104, Civil Practice and Remedies Code, and
47-8 Article 8309g, Revised Statutes. A department is a governmental
47-9 unit for the purposes of Section 101.103(a), Civil Practice and
47-10 Remedies Code.
47-11 (d) The department shall provide transportation or
47-12 automobile allowances for officers who supervise probationers.
47-13 Sec. 7. Public Funds <State Aid>, Grants, Gifts. A
47-14 department may accept public funds <state aid> and grants and gifts
47-15 from any source for the purpose of financing programs and
47-16 facilities. A municipality, county, or other political subdivision
47-17 may make grants to a department for those purposes.
47-18 Sec. 8. Counties' Financial Responsibilities. (a) The
47-19 county or counties served by a department shall provide physical
47-20 facilities, equipment, and utilities for a department. The
47-21 division shall monitor the support a county provides under this
47-22 section and determine whether a county provides support that meets
47-23 the standards for minimum support established by the division. If
47-24 the division determines that a county's support is insufficient,
47-25 the division may impose on the department a sanction authorized by
47-26 Section 11 <12>, Article 42.13, of this code.
47-27 (b) If a department serves two or more counties, those
48-1 counties may enter into an agreement for the distribution of the
48-2 expenses of facilities, equipment, and utilities.
48-3 Sec. 9. District's Financial Responsibilities. (a) The
48-4 district judge or judges may expend district funds in order to
48-5 provide expanded facilities, equipment, and utilities if:
48-6 (1) the department needs to increase its personnel in
48-7 order to provide more effective services or to meet workload
48-8 requirements established under Article 42.13 of this code;
48-9 (2) the county or counties certify to the judge or
48-10 judges that they have neither adequate space in county-owned
48-11 buildings nor adequate funds to lease additional physical
48-12 facilities, purchase additional equipment, or pay for additional
48-13 utilities required by the department; and
48-14 (3) the county or counties provide facilities,
48-15 equipment, and utilities at or above the levels required by the
48-16 division.
48-17 (b) The division shall set as the level of contribution a
48-18 county or counties must meet or exceed to receive district funds
48-19 under Subsection (a) of this section a level not lower than the
48-20 average level provided by the county or counties during the fiscal
48-21 year in which the funds are to be received and the four fiscal
48-22 years immediately preceding that year <fiscal years of 1983-87>.
48-23 Sec. 10. State Funds or Guarantees for Corrections
48-24 Facilities. (a) In this section:
48-25 (1) "Community corrections facility" has the meaning
48-26 assigned by Section 1(b), Article 42.13, of this code.
48-27 (2) "State jail felony facility" means a facility
49-1 operated or contracted for by the state jail division under
49-2 Subchapter A, Chapter 507, Government Code.
49-3 (b) A department, county, municipality, or a combination
49-4 involving more than one of those entities may establish a community
49-5 corrections facility and are specifically encouraged to purchase or
49-6 enter into a contract for the use of abandoned or underutilized
49-7 public facilities, such as former military bases and rural
49-8 hospitals, for the purpose of providing community corrections
49-9 facilities.
49-10 (c) The district judge or judges may authorize expenditures
49-11 of funds provided by the division to the department for the
49-12 purposes of providing facilities, equipment, and utilities for
49-13 community corrections facilities or state jail felony facilities
49-14 if:
49-15 (1) the community justice council recommends the
49-16 expenditures; and
49-17 (2) the division, or the state jail division in the
49-18 case of a state jail felony facility, provides funds for the
49-19 purpose of assisting in the establishment or improvement of the
49-20 facilities.
49-21 (d) A judicial district may acquire, hold title to, and own
49-22 real property for the purpose of establishing a community
49-23 corrections facility or a state jail felony facility.
49-24 (e) A department, county, municipality, or a combination
49-25 involving more than one of those entities may not use a facility or
49-26 real property purchased, acquired, or improved with state funds
49-27 unless the division, or the state jail division in the case of a
50-1 state jail felony facility, first approves the use.
50-2 (f) The division or the state jail division, in the case of
50-3 a state jail felony facility, is entitled to reimbursement from an
50-4 entity described by Subsection (e) of this section of all state
50-5 funds used by the entity without division approval as required by
50-6 Subsection (e).
50-7 Sec. 11. ADDITIONAL <PRETRIAL> Services. (a) The
50-8 department may operate programs for the supervision and
50-9 rehabilitation of persons in deferred prosecution programs,
50-10 pretrial intervention programs, pretrial bonding programs, and
50-11 programs providing supervised release for persons on conditional
50-12 bond. <Programs may include testing for controlled substances.>
50-13 Persons in <pretrial intervention> programs described by this
50-14 subsection may be supervised and made subject to the conditions
50-15 under Section 11, Article 42.12, of this code for a period not to
50-16 exceed one year, except as otherwise provided by law.
50-17 (b) The department may use money deposited in the special
50-18 fund of the county treasury for the department under Article
50-19 103.004(b) of this code only for the same purposes for which state
50-20 aid may be used under this article.
50-21 (c) This section does not apply to a person charged with an
50-22 offense under Sections 49.04-49.08, Penal Code.
50-23 Sec. 12. COLLECTION SERVICE; MISCELLANEOUS FEES. (a) A
50-24 department may collect money from an individual as ordered by a
50-25 court served by the department regardless of whether the individual
50-26 is under the department's supervision.
50-27 (b) A department that collects money under this section
51-1 shall promptly transfer the money collected to the appropriate
51-2 county or state officer.
51-3 (c) A department may assess a reasonable administrative fee
51-4 on an individual who participates in a department program or
51-5 receives department services and who is not paying a monthly fee
51-6 under Section 19, Article 42.12, of this code.
51-7 Sec. 13. RESTITUTION. (a) If a judge requires a defendant
51-8 to make restitution to a victim of the defendant's offense, and a
51-9 payment is received under this article from the defendant for
51-10 transmittal to a victim of the offense, the community supervision
51-11 and corrections department that receives the payment for
51-12 disbursement to the victim shall immediately deposit the payment in
51-13 an interest-bearing account in the department having original
51-14 jurisdiction. The department shall transmit the payment to the
51-15 victim as soon as practicable.
51-16 (b) If a victim cannot be located, immediately after
51-17 receiving a final payment in satisfaction of an order of
51-18 restitution for the victim the department shall attempt to notify
51-19 the victim of that fact by certified mail, mailed to the last known
51-20 address of the victim. If a victim then makes a claim for payment,
51-21 the department promptly shall remit the payment to the victim. Not
51-22 earlier than the fifth anniversary of the date on which the
51-23 department mails notice under this subsection, if the victim has
51-24 not made a claim for payment, the department shall transfer the
51-25 payment from the interest-bearing account to the comptroller of
51-26 public accounts, after deducting five percent of the payment as a
51-27 collection fee and deducting any interest accrued on the payment.
52-1 The comptroller shall deposit the payment in the state treasury to
52-2 the credit of the compensation to victims of crime auxiliary fund.
52-3 (c) The collection fee under Subsection (b) of this section
52-4 and the accrued interest under Subsections (a) and (b) of this
52-5 section shall be deposited in the special fund of the county
52-6 treasury provided by Section 10, Article 42.13, of this code to be
52-7 used for the same purposes for which state aid may be used under
52-8 that section. The department has a maximum of 121 days after the
52-9 four-year expiration date to transfer the funds to the
52-10 comptroller's office. Failure to comply with the 121-day deadline
52-11 will result in a five percent collection fee penalty calculated
52-12 from the total deposit and all interest attributable to the
52-13 unclaimed funds.
52-14 (d) If the victim of the offense claims the payment during
52-15 the four-year period in which the payment is held in the
52-16 interest-bearing account, the department shall pay the victim the
52-17 amount of the original payment, less any interest earned while
52-18 holding the payment. After the payment has been transferred to the
52-19 comptroller, the department has no liability in regard to the
52-20 payment, and any claim for the payment must be made to the
52-21 comptroller. If the victim makes a claim to the comptroller, the
52-22 comptroller shall pay the victim the amount of the original
52-23 payment, less the collection fee, from the compensation to victims
52-24 of crime auxiliary fund.
52-25 Sec. 14. PROGRAM TO ASSESS AND ENHANCE DEFENDANT'S
52-26 EDUCATIONAL AND VOCATIONAL SKILLS. (a) A department, with the
52-27 assistance of public school districts, community and public junior
53-1 colleges, public and private institutions of higher education, and
53-2 other appropriate public and private entities, may establish a
53-3 developmental program for a defendant under the supervision of the
53-4 department on the basis of information obtained in the presentence
53-5 investigation report prepared for the defendant.
53-6 (b) The developmental program may provide the defendant with
53-7 the educational and vocational training necessary to:
53-8 (1) meet the average skill level of students who have
53-9 completed the sixth grade in public schools in this state; and
53-10 (2) maintain employment while under the supervision of
53-11 the department, to lessen the likelihood that the defendant will
53-12 commit additional offenses.
53-13 (c) To decrease expenditures by community supervision and
53-14 corrections departments for the educational and vocational skills
53-15 assessment and enhancement program established under this section,
53-16 the Texas Department of Commerce shall provide information to
53-17 departments, public school districts, community and public junior
53-18 colleges, public and private institutions of higher education, and
53-19 other appropriate public and private entities for obtaining
53-20 financial assistance through the Texas Job-Training Partnership Act
53-21 (Article 4413(52), Vernon's Texas Civil Statutes) and other
53-22 applicable programs of public or private entities.
53-23 SECTION 2.03. (a) Section 493.003(b), Government Code, is
53-24 amended to read as follows:
53-25 (b) The chief justice of the Supreme Court of Texas and the
53-26 presiding judge of the Texas Court of Criminal Appeals shall each
53-27 appoint six members to serve as the judicial advisory council to
54-1 the community justice assistance division and the board. The
54-2 advisory council members serve staggered six-year terms, with the
54-3 terms of four of the members expiring February 1 of each
54-4 odd-numbered year. In the event of a vacancy during a term, the
54-5 appointing authority for the member who vacated the office shall
54-6 appoint a replacement to fill the unexpired portion of the term <at
54-7 the will of the appointing judge>. The advisory council shall
54-8 advise the director of the community justice assistance division
54-9 and the board on matters of interest to the judiciary, and the
54-10 director and the board shall carefully consider the advice.
54-11 Members of the advisory council are not entitled to compensation
54-12 but are entitled to reimbursement for actual and necessary expenses
54-13 in the conduct of their duties, as provided by the General
54-14 Appropriations Act.
54-15 (b) The change in the terms of the members of the judicial
54-16 advisory council to the community justice assistance division of
54-17 the Texas Department of Criminal Justice and the Texas Board of
54-18 Criminal Justice, as required by the amendment to Section
54-19 493.003(b), Government Code, made by Subsection (a) of this
54-20 section, shall occur in the manner provided by this subsection.
54-21 The chief justice of the Supreme Court of Texas and the presiding
54-22 judge of the Texas Court of Criminal Appeals shall appoint the
54-23 initial members of the six-year term advisory council on or before
54-24 January 1, 1994, and on the date of appointment the terms of the
54-25 members serving at-will terms expire. Of the members, the chief
54-26 justice and the presiding judge each shall appoint four to serve
54-27 terms expiring February 1, 1995, four to serve terms expiring
55-1 September 1, 1997, and four to serve terms expiring September 1,
55-2 1999. On expiration of those terms, the term of a member is six
55-3 years, as provided by Section 493.003(b).
55-4 SECTION 2.04. (a) Article 102.012, Code of Criminal
55-5 Procedure, is amended to read as follows:
55-6 Art. 102.012. FEES FOR PRETRIAL <INTERVENTION> PROGRAMS. A
55-7 person in a pretrial intervention program, deferred prosecution
55-8 program, pretrial bonding program, or program providing supervised
55-9 release for persons on conditional bond established under Section
55-10 11, Article 42.131 of this code, may be assessed a fee that equals
55-11 the actual cost to a community supervision and corrections
55-12 department, not to exceed $500, for supervision of the defendant by
55-13 the department or programs provided to the defendant by the
55-14 department as part of the pretrial intervention program.
55-15 (b) The change in law made by Subsection (a) of this section
55-16 to Article 102.012, Code of Criminal Procedure, applies only to a
55-17 fee imposed for a service provided on or after the effective date
55-18 of this article.
55-19 SECTION 2.05. Subchapter C, Chapter 102, Code of Criminal
55-20 Procedure, is amended by adding Article 102.072 to read as follows:
55-21 Art. 102.072. ADMINISTRATIVE FEE. An officer listed in
55-22 Article 103.003 or a community supervision and corrections
55-23 department may assess an administrative fee for each transaction or
55-24 administrative action taken by the officer or department relating
55-25 to the collection of money or the discharge of a sentence by a
55-26 method other than the payment of money. The fee may not exceed $2
55-27 for each transaction or administrative action.
56-1 SECTION 2.06. Article 103.003, Code of Criminal Procedure,
56-2 is amended to read as follows:
56-3 Art. 103.003. COLLECTION. District and county attorneys,
56-4 clerks of district and county courts, sheriffs, constables, <and>
56-5 justices of the peace, and community supervision and corrections
56-6 departments may collect money payable under this title and as
56-7 otherwise provided by law.
56-8 SECTION 2.07. This article takes effect September 1, 1993.
56-9 ARTICLE 3
56-10 SECTION 3.01. Section 493.009, Government Code, is amended
56-11 to read as follows:
56-12 Sec. 493.009. SUBSTANCE ABUSE FELONY PUNISHMENT FACILITIES.
56-13 (a) The department, <through the community justice assistance
56-14 division and the pardons and paroles division and> with the
56-15 cooperation of the Texas Commission on Alcohol and Drug Abuse,
56-16 shall establish a program to confine and treat defendants required
56-17 to participate in the program under Section 14, Article 42.12, Code
56-18 of Criminal Procedure <punished under Section 12.422, Penal Code>.
56-19 (b) The board shall adopt criteria to determine the
56-20 suitability of candidates for participation in the program. The
56-21 department and the Texas Commission on Alcohol and Drug Abuse shall
56-22 jointly develop methods of screening and assessing defendants
56-23 required to participate in the program under Section 14, Article
56-24 42.12, Code of Criminal Procedure <inmates sentenced under Section
56-25 12.422, Penal Code>, to determine their need for specific types of
56-26 treatment for alcohol or drug abuse problems.
56-27 (c) The program for persons required to participate in the
57-1 program under Section 14, Article 42.12, Code of Criminal Procedure
57-2 <sentenced under Section 12.422, Penal Code>, must consist of
57-3 treatment programs that may vary in time from six months to 12
57-4 months. The department shall also establish and provide treatment
57-5 programs for persons in categories described by Subsections
57-6 (g)(1)-(3) who are housed in beds otherwise provided for persons
57-7 required to participate in the program under Section 14, Article
57-8 42.12, Code of Criminal Procedure <sentenced under Section 12.422,
57-9 Penal Code>.
57-10 (d) The program for persons required to participate in the
57-11 program under Section 14, Article 42.12, Code of Criminal Procedure
57-12 <sentenced under Section 12.422, Penal Code>, provided under this
57-13 section must contain highly structured work, education, and
57-14 treatment schedules, a clearly delineated authority structure, and
57-15 well-defined goals and guidelines. The department shall establish
57-16 a graded system of rewards and sanctions for defendants <inmates>
57-17 who participate in the program, but a defendant required to
57-18 participate in the program under Section 14, Article 42.12, Code of
57-19 Criminal Procedure <sentenced under Section 12.422, Penal Code>, is
57-20 not entitled to earn awards of time for good conduct. A qualified
57-21 professional, at least every 60 days, must perform an evaluation on
57-22 a defendant<, other than a defendant whose underlying offense is an
57-23 offense under Article 6701l-1, Revised Statutes,> that determines
57-24 the defendant's treatment progress and institutional behavior.
57-25 <The professional must perform the evaluation on a defendant whose
57-26 underlying offense is an offense under Article 6701l-1, Revised
57-27 Statutes, at least every 28 days.> Not later than three days after
58-1 the date on which a four-month evaluation is performed, <or in the
58-2 case of a defendant whose underlying offense is an offense under
58-3 Article 6701l-1, Revised Statutes, three days after the date on
58-4 which a 28-day evaluation is performed,> the qualified professional
58-5 shall establish a tentative release date for the defendant, notify
58-6 the sentencing court of that fact, and include with the notice a
58-7 copy of the four-month <or 28-day> evaluation<, as appropriate>.
58-8 The qualified professional immediately shall notify the court if
58-9 the professional determines the defendant's conduct requires a
58-10 revision of the tentative release date.
58-11 (e) The department shall contract through the Texas
58-12 Commission on Alcohol and Drug Abuse with <nonprofit> organizations
58-13 to provide qualified professionals to implement the program for
58-14 persons required to participate in the program under Section 14,
58-15 Article 42.12, Code of Criminal Procedure <sentenced under Section
58-16 12.422, Penal Code>. For purposes of this subsection, a "qualified
58-17 professional" is a person who:
58-18 (1) is a certified alcohol and drug abuse counselor;
58-19 (2) is a certified social worker or advanced clinical
58-20 practitioner and who has at least two years of experience in
58-21 chemical dependency counseling; or
58-22 (3) is a licensed professional counselor, physician,
58-23 or psychologist and who has at least two years of experience in
58-24 chemical dependency counseling.
58-25 (f)(1) The department shall adopt rules of conduct <for
58-26 inmates participating in the program> for persons required to
58-27 participate in the program under Section 14, Article 42.12, Code of
59-1 Criminal Procedure, or required to participate in the program
59-2 following modification of probation or parole <sentenced under
59-3 Section 12.422, Penal Code>.
59-4 (2) If the qualified professional with primary
59-5 responsibility for treating a defendant and the individual in
59-6 charge of security in the facility in which the defendant is housed
59-7 jointly determine that the defendant is not complying with the
59-8 rules or is medically or psychologically unsuitable for the
59-9 program, they shall notify the department of that fact.
59-10 (3) The department, immediately on receiving notice,
59-11 shall request the sentencing court to reassume custody of the
59-12 defendant if the defendant was required to participate in the
59-13 program under Section 14, Article 42.12, Code of Criminal
59-14 Procedure, or required to participate in the program following
59-15 modification of probation. The court shall reassume custody before
59-16 the 12th day after the date on which the department notifies the
59-17 court. If the court revokes the defendant's probation, the
59-18 admission of the defendant to the institutional division is an
59-19 admission for which the county from which the defendant was
59-20 sentenced is charged under the allocation formula established under
59-21 Section 499.071.
59-22 (4) The department, immediately on receiving notice,
59-23 shall request the pardons and paroles division to reassume custody
59-24 of the defendant if the defendant was required to participate in
59-25 the program following modification of parole. The pardons and
59-26 paroles division shall immediately take action in accordance with
59-27 established policies and procedures of the Board of Pardons and
60-1 Paroles to remove the defendant from the program. If a parole
60-2 panel revokes the defendant's parole, the admission of the
60-3 defendant to the institutional division is an admission for which
60-4 the county from which the defendant was sentenced is charged under
60-5 the allocation formula established under Section 499.071.
60-6 (5) If the defendant was transferred to the facility
60-7 from a county jail under Subsection (l), the department shall
60-8 return the defendant to the county jail.
60-9 (6) A court's recommendation that a defendant be
60-10 placed in a program created under this section does not give the
60-11 court the power to hold the department or any officer or employee
60-12 of the department in contempt of court for failure to adhere to
60-13 that recommendation.
60-14 (g) The department shall provide 12,000 beds for the purpose
60-15 of operating the program for persons required to participate in the
60-16 program under Section 14, Article 42.12, Code of Criminal Procedure
60-17 <sentenced under Section 12.422, Penal Code>, except that the beds
60-18 may also be used to house the following categories of persons:
60-19 (1) persons transferred under Subchapter A, Chapter
60-20 499, Government Code, and Section 8(i), Article 42.18, Code of
60-21 Criminal Procedure;
60-22 (2) persons whose probation or parole has been
60-23 modified <or revoked>; and
60-24 (3) defendants <inmates> confined in county jails
60-25 awaiting transfer to the institutional division.
60-26 (h) On and after the date persons are required under Section
60-27 14, Article 42.12, Code of Criminal Procedure <sentenced under
61-1 Section 12.422, Penal Code, to participate in the program
61-2 established under this section>, the department shall give priority
61-3 to housing those persons over the categories of persons described
61-4 by Subsections (g)(1)-(3).
61-5 (i) The department shall make quarterly reports to the
61-6 Legislative Criminal Justice Board that show the ratio of persons
61-7 in beds reserved under Subsection (g) who have been required to
61-8 participate in the program under Section 14, Article 42.12, Code of
61-9 Criminal Procedure <sentenced under Section 12.422, Penal Code>, to
61-10 persons in those beds who have been sent to the facilities by other
61-11 methods.
61-12 (j) The department shall recover from a program participant
61-13 the cost to the department of providing treatment, to the extent
61-14 the participant has insurance that covers the treatment or is
61-15 otherwise able to pay for the treatment.
61-16 (k) It is the intent of the legislature that facilities
61-17 established under this section be used primarily to house persons
61-18 required to participate in the program under Section 14, Article
61-19 42.12, Code of Criminal Procedure <sentenced under Section 12.422,
61-20 Penal Code>, except that if treatment beds are empty, this
61-21 subsection does not prohibit the department from using those empty
61-22 beds to treat the categories of persons listed in Subsection (g).
61-23 (l) The department shall identify defendants <inmates>
61-24 confined in county jails who are awaiting transfer to the
61-25 institutional division and who because of their need for treatment
61-26 of drug or alcohol problems require transfer to a substance abuse
61-27 felony punishment facility. The department shall provide for the
62-1 transportation of the defendant <may order the county to transfer
62-2 an inmate> to such a facility. If the board finds that a county
62-3 has failed to fully cooperate with the department in evaluating
62-4 defendants <and transferring inmates> under this section, the board
62-5 shall notify the Commission on Jail Standards of that fact. On
62-6 notice from the board, the commission may reduce or suspend
62-7 payments under Subchapter F, Chapter 499, or may suspend the
62-8 certification of the county jail as provided by Section 511.012.
62-9 (m) Notwithstanding any other provision of this section, the
62-10 department is authorized to provide substance abuse felony
62-11 punishment facilities, not to exceed 500 beds, for newly provided
62-12 alcohol and drug abuse beds exclusively for persons whose probation
62-13 or parole has been modified <or revoked>.
62-14 (n) The department shall separate participants in the
62-15 program created under this section from inmates of the
62-16 institutional division, except at times determined necessary by the
62-17 department for the purpose of transportation or staging or for
62-18 medical or security reasons.
62-19 (o) If a defendant required to participate in the program
62-20 under Section 14, Article 42.12, Code of Criminal Procedure, is
62-21 released after successful completion of the program, the Texas
62-22 Commission on Alcohol and Drug Abuse shall contract for
62-23 transportation of the participant at the expense of the commission
62-24 to an appropriate continuum of care program.
62-25 (p) To the extent funds are available, the Criminal Justice
62-26 Policy Council, with the assistance of the Texas Commission on
62-27 Alcohol and Drug Abuse and the department, shall develop methods to
63-1 evaluate the processes used by the department in providing the
63-2 program and the level of success achieved by the program.
63-3 SECTION 3.02. Section 501.0931, Government Code, is amended
63-4 by amending Subsections (c), (d), (g), (h), and (j), and by adding
63-5 Subsection (k) to read as follows:
63-6 (c) The program must consist of a <three-month and a
63-7 six-month> treatment program of indeterminate length, not to exceed
63-8 12 months. The institutional division shall make a referral of an
63-9 inmate to a program based on the severity of the substance abuse
63-10 problem, eligibility of the inmate, and the availability of
63-11 treatment space. An inmate who has not more than 12 <six> months
63-12 remaining in the inmate's sentence before the earliest date the
63-13 inmate is eligible for parole is eligible for the <three-month>
63-14 program. <An inmate who has not more than one year remaining in
63-15 the inmate's sentence before the earliest date the inmate is
63-16 eligible for parole is eligible for the six-month program.>
63-17 (d) The institutional division shall separate inmates <who
63-18 participate in the three-month program from inmates who participate
63-19 in the six-month program and shall separate inmates> participating
63-20 in the program from the general population of the division and
63-21 house the inmates in discrete units or areas within units, except
63-22 during the diagnostic process or at other times determined to be
63-23 necessary by the division for medical or security purposes. The
63-24 institutional division shall separate an inmate who successfully
63-25 completes the program from the general population of the division
63-26 during any period after completion and before the inmate is
63-27 discharged or released on parole or mandatory supervision from the
64-1 department.
64-2 (g) The institutional division shall adopt:
64-3 (1) a procedure for determining which eligible inmates
64-4 are the best candidates for participation in the program, with
64-5 priority for those eligible inmates who volunteer; and
64-6 (2) rules of conduct for inmates participating in the
64-7 program.
64-8 (h) If the qualified professional implementing the program
64-9 <institutional division> determines that an inmate is not complying
64-10 with the rules of the program, the qualified professional shall
64-11 notify the institutional division of that fact and the
64-12 institutional division shall <may> end the inmate's participation
64-13 in the program and transfer the inmate out of the program.
64-14 (j) Neither the institutional division nor a qualified
64-15 professional implementing the program may operate the program in a
64-16 manner that automatically excludes inmates who do not volunteer to
64-17 participate, and the division and the treatment provider shall
64-18 attempt to encourage nonvolunteer inmates to participate <The
64-19 department shall require an inmate who participates in a treatment
64-20 program to participate in a drug or alcohol abuse after-care
64-21 program as a condition of parole after the inmate is released from
64-22 the institutional division>.
64-23 (k) If funding is available, the Criminal Justice Policy
64-24 Council, with the assistance of the institutional division, shall
64-25 develop methods to evaluate the processes used by the division in
64-26 providing the program and the level of success achieved by the
64-27 program.
65-1 SECTION 3.03. Section 8, Article 42.18, Code of Criminal
65-2 Procedure, is amended by amending Subsection (g) and adding
65-3 Subsection (g-1) to read as follows:
65-4 (g) The Texas Board of Criminal Justice may adopt such other
65-5 reasonable rules not inconsistent with law as it may deem proper or
65-6 necessary with respect to the eligibility of prisoners for parole
65-7 and mandatory supervision, the conduct of parole and mandatory
65-8 supervision hearings, or conditions to be imposed upon parolees and
65-9 persons released to mandatory supervision. Each person to be
65-10 released on parole shall be furnished a contract setting forth in
65-11 clear and intelligible language the conditions and rules of parole.
65-12 The parole panel may include as a condition of parole or mandatory
65-13 supervision any condition that a court may impose on a probationer
65-14 under Article 42.12 of this code, including the condition that the
65-15 person released submit to testing for controlled substances or
65-16 submit to electronic monitoring if the parole panel determines that
65-17 absent testing for controlled substances or participation in an
65-18 electronic monitoring program the person would not be released on
65-19 parole. Acceptance, signing, and execution of the contract by the
65-20 inmate to be paroled shall be a precondition to release on parole.
65-21 Persons released on mandatory supervision shall be furnished a
65-22 written statement setting forth in clear and intelligible language
65-23 the conditions and rules of mandatory supervision. The parole
65-24 panel may also require as a condition of parole or release to
65-25 mandatory supervision that the person make payments in satisfaction
65-26 of damages the person is liable for under Article 6184p, Revised
65-27 Statutes. The parole panel shall require as a condition of parole
66-1 or mandatory supervision that the person register under Article
66-2 6252-13c.1, Revised Statutes. The parole panel shall require as a
66-3 condition of parole or mandatory supervision that an inmate who
66-4 immediately before release is a participant in the program
66-5 established under Section 501.0931, Government Code, participate in
66-6 a drug or alcohol abuse continuum of care treatment plan.
66-7 (g-1) The Texas Commission on Alcohol and Drug Abuse shall
66-8 develop the continuum of care treatment plan.
66-9 SECTION 3.04. This article takes effect September 1, 1993.
66-10 ARTICLE 4
66-11 SECTION 4.01. Section 499.0021(b), Government Code, is
66-12 amended to read as follows:
66-13 (b) The pardons and paroles division may assume custody of
66-14 an inmate who is eligible for transfer under this section not
66-15 earlier than one year before the inmate's presumptive parole date.
66-16 The inmate becomes a pre-parolee on the date the pardons and
66-17 paroles division assumes custody, and the pardons and paroles
66-18 division immediately shall transfer the pre-parolee to a facility
66-19 under contract with the division, which may be a community
66-20 residential facility, a community corrections facility listed in
66-21 Section 10, Article 42.131 <6(b), Article 42.13>, Code of Criminal
66-22 Procedure, or a county correctional facility. A pre-parolee
66-23 transferred under this section is considered to be in the actual
66-24 physical custody of the pardons and paroles division.
66-25 SECTION 4.02. Section 499.003(d), Government Code, is
66-26 amended to read as follows:
66-27 (d) The pardons and paroles division may request of a
67-1 sheriff that the sheriff forward to the pardons and paroles
67-2 division copies of any records possessed by the sheriff that are
67-3 relevant to the pardons and paroles division in its determination
67-4 as to whether to transfer a person from the county jail to a secure
67-5 community residential facility, and the pardons and paroles
67-6 division shall request the sheriff to forward to the institutional
67-7 division and to the pardons and paroles division the information
67-8 relating to the defendant the sheriff would be required under
67-9 Section 8, Article 42.09, Code of Criminal Procedure, to deliver to
67-10 the institutional division had the defendant been transferred to
67-11 the institutional division. The pardons and paroles division
67-12 shall determine whether the information forwarded by the sheriff
67-13 contains a thumbprint taken <fingerprint> from the person in the
67-14 manner provided by Article 38.33, Code of Criminal Procedure, and,
67-15 if not, the pardons and paroles division shall obtain a thumbprint
67-16 in the manner provided by that article <10-finger print from the
67-17 person, either by use of the ink-rolled print method or by use of a
67-18 live-scanning device that prints the fingerprint on paper>, and
67-19 shall forward the thumbprint <10-finger print> to the institutional
67-20 division for inclusion with the information sent by the sheriff.
67-21 The sheriff shall comply with a request from the pardons and
67-22 paroles division made under this subsection.
67-23 SECTION 4.03. The section heading of Section 499.052,
67-24 Government Code, is amended to read as follows:
67-25 Sec. 499.052. STATE BOOT CAMP <ALTERNATIVE INCARCERATION>
67-26 PROGRAM <For Probationers>.
67-27 SECTION 4.04. The subchapter heading of Subchapter D,
68-1 Chapter 499, Government Code, is amended to read as follows:
68-2 SUBCHAPTER D. ALLOCATION FORMULAS <FORMULA>
68-3 SECTION 4.05. Section 499.071, Government Code, is amended
68-4 to read as follows:
68-5 Sec. 499.071. ALLOCATION FORMULA. (a) The board shall
68-6 <develop,> adopt<,> and enforce an allocation formula that fairly
68-7 and equitably allocates to each county <or group of counties served
68-8 by a community corrections and supervision department> the number
68-9 of institutional division admissions allocated to the county <or
68-10 counties> until sufficient capacity is available in the
68-11 institutional division. In devising the formula, the board shall
68-12 consider relevant factors for each county <or group of counties>
68-13 served by a department and shall assign weights to those factors as
68-14 determined appropriate by the board. The factors shall include but
68-15 are not limited to:
68-16 (1) the percentage of prison admissions for the entire
68-17 state that were used by the county <or counties> in the preceding
68-18 12 months;
68-19 (2) the percentage of the state's violent index crime
68-20 that occurred in the county <or counties> in the preceding 12
68-21 months;
68-22 (3) the percentage of the state's total index crime
68-23 that occurred in the county <or counties> in the preceding 12
68-24 months;
68-25 (4) the percentage of the state's total arrests under
68-26 Chapter 481, Health and Safety Code, that occurred in the county
68-27 <or counties> in the preceding 12 months;
69-1 (5) the percentage of the state's population residing
69-2 in the county <or counties>;
69-3 (6) the percentage of the state's total unemployment
69-4 in the county <or counties>; and
69-5 (7) the percentage of all defendants serving sentences
69-6 for felonies who were paroled from the institutional division, a
69-7 jail in this state, a federal correctional institution, or a jail
69-8 or correctional institution in another state in the preceding 12
69-9 months and who were released to reside in the county <or counties>.
69-10 (b) The board shall adopt and enforce an allocation formula
69-11 that fairly and equitably allocates community corrections program
69-12 funding to each community supervision and corrections department,
69-13 in the manner provided by Section 10(a)(3), Article 42.13, Code of
69-14 Criminal Procedure. In devising the formula, the board shall use
69-15 the factors listed in Subsection (a), but may assign different
69-16 weights to those factors than those used in developing the
69-17 admissions allocation formula. The board also may use factors not
69-18 listed in Subsection (a) in devising the formula under this
69-19 subsection.
69-20 (c) If the board is unable to obtain for a factor listed in
69-21 Subsection (a) information for the preceding 12-month period, the
69-22 board shall consider the most recent information available for that
69-23 factor.
69-24 (d) <(c)> The board shall revise each <the> formula
69-25 annually.
69-26 SECTION 4.06. Section 495.021 (a), Chapter 495, Subchapter
69-27 B, Government Code is amended to read as follows:
70-1 Sec. 495.021 (a) The Board may contract with the
70-2 Commissioner's Court of a county, a home-rule city, or a non-profit
70-3 corporation acting on behalf of a home-rule city or county to use,
70-4 lease purchase, purchase on an installment contract, or acquire in
70-5 any other manner a <secure correctional> criminal justice facility
70-6 financed and constructed under the authority of the county,
70-7 home-rule city or non-profit corporation acting on behalf of a
70-8 home-rule city or county. The contract must be subject to specific
70-9 appropriative authority in the General Appropriations Act.<, and
70-10 the facility must be managed by the institutional division.">
70-11 SECTION 4.07. Section 5 (a), Article 601d-1, Vernon's Texas
70-12 Civil Statutes is amended to read as follows:
70-13 Section 5 (a) The Authority may issue revenue bonds and
70-14 distribute bond proceeds to appropriate agencies for use for
70-15 acquiring, constructing, or equipping new facilities or for major
70-16 repair or renovation of existing facilities, corrections
70-17 institutions including facilities authorized by Section 495.001
70-18 (a), Government Code, facilities authorized by Section 495.021 (a),
70-19 Government Code, criminal justice facilities for the Texas
70-20 Department of Criminal Justice, including youth corrections
70-21 institutions, and mental health and mental retardation
70-22 institutions. The proceeds may be used to refinance an existing
70-23 obligation for a purpose described by this subsection.
70-24 SECTION 4.08. Section 493.012, Government Code, is amended
70-25 to read as follows:
70-26 Sec. 493.012. HISTORICALLY UNDERUTILIZED <DISADVANTAGED>
70-27 BUSINESSES. (a) The board and the department each shall make a
71-1 good faith effort to assist historically underutilized
71-2 <disadvantaged> businesses to receive at least 30 <20> percent of
71-3 the total value of:
71-4 (1) each construction contract awarded for
71-5 construction, purchase of supplies, materials, services, and
71-6 equipment that the board and the department expect to make; and
71-7 (2) contracts awarded for operation, maintenance, or
71-8 management <in connection with construction funded by the issuance
71-9 of bonds>.
71-10 (b) The board and the department each shall annually report
71-11 to the legislature and the governor on the level of historically
71-12 underutilized <disadvantaged> business participation in board and
71-13 department contracts. The report shall include:
71-14 (1) names and locations of the historically
71-15 underutilized businesses participating in contracts;
71-16 (2) types of services conducted by the historically
71-17 underutilized businesses participating in contracts;
71-18 (3) a description of the type of recruitment strategy
71-19 used to attract historically underutilized businesses; and
71-20 (4) recommendations for the improvement of
71-21 historically underutilized <disadvantaged> business opportunities
71-22 with the board and the department.
71-23 (c) In this section, "historically underutilized business"
71-24 means:
71-25 (1) a business entity formed for the purpose of making
71-26 a profit of which at least 51 percent is owned by one or more
71-27 persons who are socially disadvantaged because of their
72-1 identification as members of certain groups, including women,
72-2 African Americans, Hispanic Americans, Native Americans, and Asian
72-3 Americans, who have suffered the effects of discriminatory
72-4 practices or similar insidious circumstances over which they have
72-5 no control; or
72-6 (2) a corporation formed for the purpose of making a
72-7 profit in which at least 51 percent of all classes of the shares of
72-8 stock or other equitable securities is owned by one or more persons
72-9 described by Subdivision (1). Those persons must have
72-10 proportionate interest in the control, operation, and management of
72-11 the corporation's affairs. <"disadvantaged business" has the
72-12 meaning assigned by Section 1.02, State Purchasing and General
72-13 Services Act (Article 601b, Vernon's Texas Civil Statutes).>
72-14 SECTION 4.09. Chapter 494, Government Code, is amended by
72-15 adding Section 494.011 to read as follows:
72-16 Sec. 494.011. SEAL OF INSTITUTIONAL DIVISION. (a) The
72-17 institutional division shall use an official seal to certify
72-18 documents received by the director under Sections 8(a) and (c),
72-19 Article 42.09, Code of Criminal Procedure.
72-20 (b) The official seal must contain an engraved, five-pointed
72-21 star in the center with the words "Texas Department of Criminal
72-22 Justice--Institutional Division" around the margin.
72-23 SECTION 4.10. This article takes effect September 1, 1993.
72-24 ARTICLE 5
72-25 "SECTION 5.01. Article 42.18, Code of Criminal Procedure, is
72-26 amended by adding Section 8A to read as follows:
72-27 Sec. 8A. (a) In addition to other conditions imposed by a
73-1 parole panel under this article, the panel shall require as a
73-2 condition of parole or release to mandatory supervision that the
73-3 defendant reside during the period of parole or mandatory
73-4 supervision in the county in which:
73-5 (1) the defendant resided at the time of committing
73-6 the offense for which the defendant was sentenced to the
73-7 institutional division; or
73-8 (2) the defendant committed the offense for which the
73-9 defendant was sentenced to the institutional division, but only if
73-10 the defendant was not a resident of this state at the time of
73-11 committing the offense.
73-12 (b) A parole panel may require a defendant to reside in a
73-13 county other than the county required by Subsection (a) of this
73-14 section to:
73-15 (1) protect the life or safety of a victim of the
73-16 defendant's offense, the defendant, a witness in the case, or any
73-17 other person; or
73-18 (2) increase the likelihood of the defendant's
73-19 successful completion of parole or mandatory supervision, because
73-20 of:
73-21 (A) written expressions of significant public
73-22 concern in the county in which the defendant would otherwise be
73-23 required to reside;
73-24 (B) the presence of family members or friends in
73-25 the other county who have expressed a willingness to assist the
73-26 defendant in successfully completing the terms and conditions of
73-27 the defendant's release on parole or mandatory supervision;
74-1 (C) the verified existence of a job offer in the
74-2 other county; or
74-3 (D) the availability of treatment programs,
74-4 educational programs, or other social service programs in the other
74-5 county that are not available in the county in which the defendant
74-6 would otherwise be required to reside.
74-7 (c) At any time after a defendant is released on parole or
74-8 mandatory supervision, a parole panel may modify the conditions of
74-9 parole or release on mandatory supervision to require the defendant
74-10 to reside in a county other than the county required by the
74-11 original conditions. In making a decision under this subsection, a
74-12 parole panel must consider the factors listed in Subsection (b) of
74-13 this section.
74-14 (d) If a parole panel initially requires the defendant to
74-15 reside in a county other than the county required by Subsection (a)
74-16 of this article, the parole panel shall subsequently require the
74-17 person to reside in the county described by Subsection (a) of this
74-18 article if the requirement that the defendant reside in the other
74-19 county was based on:
74-20 (1) the verified existence of a job offer under
74-21 Subsection (b)(2)(C) of this article and the defendant is no longer
74-22 employed in or actively seeking employment; or
74-23 (2) the availability of treatment programs,
74-24 educational programs, or other social service programs under
74-25 Subsection (b)(2)(D) of this article and the defendant:
74-26 (A) no longer regularly participates in the
74-27 program as required by a term or condition of parole or release to
75-1 mandatory supervision; or
75-2 (B) has successfully completed the program but
75-3 has violated another term or condition of the defendant's release
75-4 on parole or mandatory supervision.
75-5 (e) If a parole panel requires the defendant to reside in a
75-6 county other than the county required by Subsection (a) of this
75-7 section, the panel shall state the reason for its decision in
75-8 writing, and place the statement in the defendant's permanent
75-9 record.
75-10 (f) This section does not apply to a decision by a parole
75-11 panel to require a defendant to serve the period of parole or
75-12 mandatory supervision in another state.
75-13 SECTION 5.02. Chapter 413, Government Code, is amended by
75-14 adding Section 413.019 to read as follows:
75-15 Sec. 413.019. REPORT ON INMATE RELEASE STATISTICS. (a) Not
75-16 later than the fifth day of each month, the policy council shall
75-17 determine the following information relating to inmates for the
75-18 preceding month:
75-19 (1) the number and percentage of inmates released on
75-20 parole or to mandatory supervision to each county;
75-21 (2) the number and percentage of inmates released on
75-22 parole in absentia to each county; and
75-23 (3) the number of inmates released to and from a
75-24 halfway house in each county, including the number of inmates who
75-25 are required as a condition of release to reside in a county other
75-26 than the county in which a halfway house is located.
75-27 (b) The policy council shall submit to the Texas Board of
76-1 Criminal Justice an annual report that includes the following
76-2 information for the preceding 12 months:
76-3 (1) the number of inmates released on parole or to
76-4 mandatory supervision;
76-5 (2) the number and percentage of inmates released on
76-6 parole or to mandatory supervision to each county, including the
76-7 number of inmates who are required on release from a halfway house
76-8 to reside in a county other than the county in which the halfway
76-9 house is located;
76-10 (3) the number of inmates released on parole in
76-11 absentia;
76-12 (4) the number and destination of inmates who are
76-13 transferred from one county to another during the period of release
76-14 or supervision; and
76-15 (5) the number and percentage of inmates released on
76-16 parole in absentia to each county.
76-17 (c) The report required under this section must also include
76-18 the number of persons under the supervision or custody of the Texas
76-19 Department of Criminal Justice at the end of a fiscal year,
76-20 including the type and status of the supervision or custody.
76-21 (d) The pardons and paroles division of the Texas Department
76-22 of Criminal Justice shall review the information in the annual
76-23 report to enable the division to make an appropriate and equitable
76-24 distribution of inmates to each county.
76-25 SECTION 5.03. The Criminal Justice Policy Council shall make
76-26 its first annual report as required by Section 413.019, Government
76-27 Code, as added by this Act, not later than January 1, 1994.
77-1 SECTION 5.04. This Act takes effect September 1, 1993."
77-2 ARTICLE 6
77-3 SECTION 6.01. Sections 413.009, 413.012, 413.015, 413.017,
77-4 and 413.018, Chapter 413, Government Code, are amended to read as
77-5 follows:
77-6 Sec. 413.009. DUTIES OF POLICY COUNCIL. To accomplish its
77-7 duties the policy council shall:
77-8 (1) conduct an in-depth analysis of the criminal
77-9 justice system;
77-10 (2) determine the long-range needs of the criminal
77-11 justice system and recommend policy priorities for the system;
77-12 (3) identify critical problems in the criminal justice
77-13 system and recommend strategies to solve those problems;
77-14 (4) assess the cost-effectiveness of the use of state
77-15 and local funds in the criminal justice system;
77-16 (5) <recommend the goals, priorities, and standards
77-17 for the allocation of criminal justice planning funds administered
77-18 by the criminal justice division;>
77-19 <(6)> recommend means to improve the deterrent and
77-20 rehabilitative capabilities of the criminal justice system;
77-21 (6) <(7)> advise and assist the legislature in
77-22 developing plans, programs, and proposed legislation for improving
77-23 the effectiveness of the criminal justice system;
77-24 (7) <(8)> make computations of daily costs and compare
77-25 interagency costs on services provided by agencies that are a part
77-26 of the criminal justice system;
77-27 (8) <(9)> make population computations for use in
78-1 planning for the long-range needs of the criminal justice system;
78-2 (9) <(10)> determine long-range information needs of
78-3 the criminal justice system and acquire that information; and
78-4 (10) <(11)> engage in other activities consistent with
78-5 the responsibilities of the policy council<; and>
78-6 <(12) implement the criminal justice data report>.
78-7 Sec. 413.012. CONTRACTUAL AUTHORITY. <(a)> The policy
78-8 council may contract with public or private entities in the
78-9 performance of its responsibilities.
78-10 <(b) The policy council may contract with the criminal
78-11 justice center at Sam Houston State University to provide
78-12 information important to the work of either council.>
78-13 Sec. 413.015. CRIMINAL JUSTICE PLAN; BIANNUAL <ANNUAL>
78-14 REPORT. (a) The policy council biannually <annually> shall submit
78-15 to the legislature a plan detailing the actions necessary to
78-16 promote an effective and cohesive criminal justice system.
78-17 (b) The policy council shall include in the plan a report of
78-18 its activities and the recommendations it makes under
78-19 Section 413.009.
78-20 <Sec. 413.017. SPECIAL PROJECTS. (a) Before January 1,
78-21 1991, the policy council shall prepare and report to the
78-22 legislature:>
78-23 <(1) a design for conducting a comprehensive study of
78-24 sentencing patterns and practices in this state;>
78-25 <(2) an evaluation of formulas for the fair and
78-26 equitable allocation of prison beds to local jurisdictions;>
78-27 <(3) a study that develops uniform definitions of the
79-1 term "recidivism" and "revocation rate"; and>
79-2 <(4) an examination of the reporting requirements
79-3 imposed by the state on municipal, county, and district clerk
79-4 offices and justices of the peace offices that relate to criminal
79-5 justice system processing, with recommendations relating to the
79-6 consolidation, simplification, or elimination of requirements where
79-7 appropriate.>
79-8 <(b) The design prepared under Subsection (a)(1) must
79-9 include:>
79-10 <(1) a statement of the specific objectives of the
79-11 comprehensive study;>
79-12 <(2) methodology;>
79-13 <(3) schedules for the study;>
79-14 <(4) a description of the resources necessary for the
79-15 study; and>
79-16 <(5) two pilot sampling programs, capable of testing
79-17 the design.>
79-18 <(c) Before January 1, 1993, the policy council shall
79-19 prepare a study on and report to the legislature about statewide
79-20 sentencing dynamics. The report must include a detailed profile of
79-21 felons sentenced to the institutional division and felons placed on
79-22 probation. The policy council shall design the study to provide
79-23 the legislature with information necessary to perform a proper
79-24 revision of the Penal Code and statutes relating to sentencing in
79-25 criminal cases.>
79-26 <Sec. 413.018. CRIMINAL JUSTICE DATA REPORT. (a) Not later
79-27 than September 1, 1992, the policy council shall prepare for and
80-1 distribute to each district court in this state with felony
80-2 jurisdiction a data collection report form.>
80-3 <(b) The policy council shall design the data collection
80-4 report form to collect all information relevant to a sentence in a
80-5 felony case or to a pretrial diversion or grant of deferred
80-6 adjudication in a felony case as well as any other information
80-7 determined necessary by the policy council.>
80-8 <(c) The attorney representing the state shall complete the
80-9 data collection report for each felony conviction in which the
80-10 defendant is sentenced to the institutional division of the Texas
80-11 Department of Criminal Justice and shall include a copy of the data
80-12 collection report in the documents sent to the division under
80-13 Article 42.09, Code of Criminal Procedure. In any disposition of a
80-14 felony case that does not include confinement in the institutional
80-15 division, the attorney representing the state shall send a copy of
80-16 the report to the community supervision and corrections department
80-17 serving the court.>
80-18 <(d) If a sentence in a criminal case is imposed pursuant to
80-19 a plea bargain, the attorney representing the state shall include
80-20 that information in the data collection report.>
80-21 SECTION 6.02. This article takes effect September 1, 1993.
80-22 ARTICLE 7
80-23 SECTION 7.01. Article 26.051, Code of Criminal Procedure, is
80-24 amended by adding Subsections (g) and (h) to read as follows:
80-25 (g) The court shall appoint an attorney other than an
80-26 attorney provided by the board if the court determines for any the
80-27 following reasons that a conflict of interest could arise from the
81-1 use of an attorney provided by the board under Subsection (e) of
81-2 this article:
81-3 (1) the case involves more than one inmate and the
81-4 representation of more than one inmate could impair the attorney's
81-5 effectiveness;
81-6 (2) the case is appealed and the court is satisfied
81-7 that conflict of interest would prevent the presentation of a good
81-8 faith allegation of ineffective assistance of counsel by a trial
81-9 attorney provided by the board; or
81-10 (3) any conflict of interest exists under the
81-11 Disciplinary Rules of Professional Conduct of the State Bar that
81-12 precludes representation by an attorney appointed by the board.
81-13 (h) When the court appoints an attorney other than an
81-14 attorney provided by the board, the county shall pay from it
81-15 general fund the first $250.00 of the aggregate sum allowed and
81-16 awarded by the court for the attorney's fees under Article 26.05 of
81-17 this code. If the fees awarded for a court-appointed attorney in a
81-18 case described by this subsection exceed $250.00, the court shall
81-19 certify the amount in excess of $250.00 to the board. On request
81-20 of the board, the comptroller shall issue a warrant to the
81-21 court-appointed attorney in the amount certified to the board by
81-22 the court.
81-23 SECTION 7.02. Article 26.051(f), Code of Criminal Procedure,
81-24 is repealed.
81-25 SECTION 7.03. This article takes effect September 1, 1993.
81-26 ARTICLE 8
81-27 SECTION 8.01. In addition to other amounts appropriated for
82-1 the fiscal biennium ending August 31, 1995, the sum of $72,000,000
82-2 is appropriated from the economic stabilization fund to the Texas
82-3 Department of Criminal Justice for:
82-4 (1) the operation of additional capacity; and
82-5 (2) increased supervision for probation.
82-6 ARTICLE 9
82-7 SECTION 9.01. Notwithstanding any provision of this Act
82-8 establishing an effective date for an article of this Act, this Act
82-9 takes effect only if Senate Bill No. 1067, Acts of the 73rd
82-10 Legislature, Regular Session, 1993, takes effect. If Senate Bill
82-11 No. 1067 does not take effect, this Act has no effect.
82-12 SECTION 9.02. The importance of this legislation and the
82-13 crowded condition of the calendars in both houses create an
82-14 emergency and an imperative public necessity that the
82-15 constitutional rule requiring bills to be read on three several
82-16 days in each house be suspended, and this rule is hereby suspended.