BILL ANALYSIS
C.S.H.B. 2162
By: Hightower
04-04-95
Committee Report (Substituted)
BACKGROUND
In 1987, the Department of Corrections, the Board of Pardons and
Paroles, and the Adult Probation Commission underwent Sunset
review; numerous statutory changes resulted. In 1989, the three
agencies were merged into the Department of Criminal Justice.
Simultaneously, the civil statutes governing TDC were codified into
the Government Code; these were renumbered in 1991 to reflect the
consolidation. The net effect of all this activity is a set of
statutes that are somewhat jumbled and that reflect three formerly
separate agencies rather than one coherent agency.
PURPOSE
C.S.H.B. 2162 primarily amends the governing statutes for the
Department of Criminal Justice: Government Code Chapters 491 -
507; Article 42.18, Code of Criminal Procedure; and Articles 42.12
and 42.13, Code of Criminal Procedure. The bill deletes obsolete
language and sections; removes many references to specific
divisions of the agency in favor of general references to the
department; extends the coverage of various duties and authorities
to all facilities operated by the department; and changes the name
of the Pardons and Paroles Division to the Parole Division.
RULEMAKING AUTHORITY
It is the committee's opinion that additional rulemaking authority
is expressly delegated in ARTICLE 1, SECTION 1.040, Sec. 497.056,
Government Code, to the Texas Board of Criminal Justice. In
ARTICLE 3, SECTION 3.014, Article 42.13, Code of Criminal
Procedure, Section 10(e) delegates rulemaking authority to the
Texas Board of Criminal Justice.
SECTION BY SECTION ANALYSIS
ARTICLE 1
SECTION 1.001. Amends Section 491.001, Government Code, to change
"pardons and paroles" division to "parole" division.
SECTION 1.002. Amends Section 492.002 (a), Government Code, to
delete the regional requirement for Board members.
SECTION 1.003. Amends Section 492.012, Government Code, to change
the date of Sunset review to 1999.
SECTION 1.004. Amends Section 493.001, Government Code, to change
the Department Responsibilities to a Department Mission to provide
public safety, promote positive change in offender behavior, and
reintegrate offenders into society.
SECTION 1.005. Amends Section 493.002(a), Government Code, to
change "pardons and paroles" division to "parole" division.
SECTION 1.006. Amends Section 493.003(b), Government Code, to
change Judicial Advisory Council term expiration date month from
February to September.
SECTION 1.007. Amends Section 493.005, Government Code, to change
from the "PARDONS AND PAROLES DIVISION" to the "PAROLE DIVISION."
SECTION 1.008. Amends Chapter 493, Government Code, by adding Sec.
493.0081, OFFICE OF INTERNAL AUDITS. Re-creates Office of Internal
Audits in the Chapter relating to the organization of the
department instead of Chapter 494 relating to the Institutional
Division. Increases the Office's responsibilities from only the
institutional division to the entire department.
SECTION 1.009. Amends Section 493.009(f), Government Code, to
changes references from "probation" to "community supervision," and
from "pardons and parole" division to "parole" division.
SECTION 1.010. Amends Section 493.009(g) and (h), Government Code,
to remove the requirement for 12,000 SAFP beds and to reinsert the
phrase "persons required to participate" that was inadvertently
omitted from the SAFP law.
SECTION 1.011. Amends Section 493.009(m) and (n), Government Code,
to change references from "probation" to "community supervision"
and allow for the use of SAFP facilities for IPTC clients and allow
commingling of SAFP and IPTC.
SECTION 1.012. Amends Section 493.011, Government Code, CONSULTANT
CONTRACTS FOR PRISON CONSTRUCTION, to change reference from
"institutional division" to "department."
SECTION 1.013. Amends Chapter 493, Government Code, by adding Sec.
493.015, CERTIFIED PEACE OFFICERS. Moves the Internal Affairs peace
officer capability out of the ID law into the department
organization Chapter.
SECTION 1.014. Amends Chapter 493, Government Code, by adding Sec.
493.016. INFORMATION OF PUBLIC INTEREST; COMPLAINTS. Moves this
section out of ID law into the department organization Chapter.
SECTION 1.015. Amends Chapter 493, Government Code, by adding Sec.
493.017, SEAL OF DEPARTMENT. To provides for TDCJ seal rather than
ID seal and moves section to Ch. 493.
SECTION 1.016. Amends Section 494.001, Government Code, to change
the Institutional Division Mission.
SECTION 1.017. Amends Section 494.002(a), Government Code, to
change references to agency divisions adopting "rules" to use the
term "policies."
SECTION 1.018. Amends Section 494.003(a) and (b), Government Code,
to change most references to duties of director of institutional
division changed to department.
SECTION 1.019. Amends Section 494.012(a), Government Code, to
change the reference to the duties of director of institutional
division changed to division.
SECTION 1.020. Amends Subchapter A, Chapter 495, Government Code,
by adding Sec. 495.008, CONTRACT REVIEW, to require the department
to review the private facility contracts and to provide a copy of
the review to the Legislative Criminal Justice Board, with
immediate effect.
SECTION 1.021. Amends Section 496.001, Government Code,
ACQUISITION OF REAL PROPERTY, to change "prison site" to
"facility."
SECTION 1.022. Amends Section 496.002(a), Government Code, to
change "institutional division" to "department."
SECTION 1.023. Amends Subchapter A, Chapter 496, Government Code,
by adding Sec. 496.0021, SALE OF DEPARTMENT REAL PROPERTY, to
provide for TDCJ land sales, with authority for direct sales to
local governments.
SECTION 1.024. Amends Section 496.003, Government Code, LEASE OF
REAL PROPERTY, to provide for deposit of land lease revenues into
the general revenue fund and then appropriated to TDCJ for
operations.
SECTION 1.025. Amends Subchapter A, Chapter 496, Government Code,
by adding Section 496.0031, TRANSFER OF FACILITIES, to allow the
department to transfer a correctional facility to another state
agency with the approval of the Board of Criminal Justice and the
board of the receiving agency.
SECTION 1.026. Amends Section 496.004, Government Code, EASEMENTS,
to remove the governor and attorney general from the approval
process for easements, and allow use of land for environmental
conservation easements. Provides that money received from a grant
or lease of easements is to be deposited in the general revenue
fund and appropriated back to the agency for operating expenses of
the department.
SECTION 1.027. Amends Section 496.005, Government Code, TAX
EXEMPTION, to change "institutional division" to "department" and
"State Purchasing and General Services Commission" to "General
Services Commission."
SECTION 1.028. Amends Section 496.006, Government Code, ROAD
MAINTENANCE, to change from the board to the department the ability
to enter into an agreement with the Texas Department of
Transportation for the maintenance of a road in or adjacent to a
facility of the department.
SECTION 1.029. Amends Section 496.007, Government Code, LOCATION
OF NEW FACILITIES, to delete the requirement that the Criminal
Justice Coordinating Council provide TDCJ every year with a list of
counties with 100,000 or more inhabitants.
SECTION 1.030. Amends Section 496.051(a) and (b), Government Code,
to change "institutional division" to "department," "rules" to
"policies," and "director" to "executive director."
SECTION 1.031. Amends Section 496.0515, Government Code, HAZARDOUS
WASTE MANAGEMENT CONTRACTS, to change "institutional division" to
"department" and "State Purchasing and General Services Commission"
to "General Services Commission."
SECTION 1.032. Amends Section 496.052(a), Government Code,
INSURANCE, to change "institutional division" to "department."
SECTION 1.033. Amends Section 496.101(a), Government Code, changes
"institutional division" to "department;" "unit" to "facility."
SECTION 1.034. Amends Section 497.034 (c), Government Code, to
delete language which requires disposal of surplus agricultural
property under General Services Commission provisions. Adds
language which says that the institutional division may use surplus
agricultural lands to provide agricultural products to a nonprofit
organization at no profit to the division.
SECTION 1.035. Amends Section 497.035(a), Government Code, to add
inmates on community supervision or mandatory supervision to the
list of inmates from which it is not an offense to sell goods
produced by them. Also adds inmates who are participating in a
federally certified prison industry enhancement program to this
list.
SECTION 1.036. Amends Section 497.052, Government Code, WORK
PROGRAM PRIVILEGES, to change "pardons and paroles" to "parole."
SECTION 1.037. Amends Section 497.053, Government Code,
ESTABLISHMENT OF WORK PROGRAM PLAN, to change "pardons and paroles"
to "parole."
SECTION 1.038. Amends Section 497.054, Government Code, HOUSING
FOR PARTICIPANTS, to change "pardons and paroles" to "parole."
SECTION 1.039. Amends Section 497.055, Government Code, WORK
PROGRAM FACILITIES, to allow "TDCJ" to operate work program
facilities under contract with private facilities. Also changes
"pardons and paroles" to "parole," and "pardons and paroles
division" to "department."
SECTION 1.040. Amends Section 497.056, Government Code, WORK
PROGRAM PLAN, to change "pardons and paroles" to "parole." Also
amends the distribution of funds received by work program
participants, by deleting the eligibility for payment requirement
that the resident serve six months before requesting parole review
or being eligible for mandatory supervision, and the required
participation in programs recommended by the staff. Also reflects
the federal PIE certification requirements for deductions from
wages, and clarifies that PIE withholdings and three elements of
state law withholding are distinct. Changes the requirements for
board rulemaking on the administration of the work program and the
conduct of work program residents, to a requirement for
departmental policy-making.
SECTION 1.041. Amends Section 497.057, Government Code, ON-SITE
EMPLOYMENT, to change "institutional division" to "department."
SECTION 1.042. Amends Section 497.059, Government Code,
DISCIPLINARY PROCEEDINGS, to delete the requirement for an officer
to provide written reports to the parole division concerning the
work facility resident's adjustment. Changes responsibility for
reporting violations from the "officer" to the "facility," and
deletes the text concerning officers recommending disciplinary
action. Clarifies that the department award the same amount of
good conduct time as the pre-parolee would have received if
incarcerated in the Institutional Division.
SECTION 1.043. Amends Section 497.081(a), Government Code, to
change "rules" to "policies."
SECTION 1.044. Amends Subchapter D, Chapter 497, Government Code,
by adding Section 497.090, WORK REQUIRED, to require each inmate to
work, to the extent that the inmate is physically capable of
working.
SECTION 1.045. Amends Section 497.091, Government Code, CONTRACTS
FOR INMATE LABOR, to correct statutory cross-references, and to
change "institutional division" to "department."
SECTION 1.046. Amends Section 497.092(b), Government Code, to
correct statutory cross-references.
SECTION 1.047. Amends Section 497.094, Government Code, JOB
TRAINING PROGRAMS, to delete an obsolete reference to a memorandum
of understanding between the institutional division and the pardons
and paroles division.
SECTION 1.048. Amends Section 497.096, Government Code, LIABILITY
PROTECTIONS, to provide immunity relating to a work program
performed by an inmate, as opposed to a program ordered by a court.
SECTION 1.049. Amends Subchapter E, Chapter 497, Government Code,
by adding Sec. 497.097, USE OF STATE JAIL FELONS, allows the
department to use the labor of state jail felons for work or
community service programs or projects performed by the
institutional division.
SECTION 1.050. Amends Section 498.001 (1), Government Code, to
change "pardons and paroles division" to "parole division" and to
change "confined" to "imprisoned" and add "a facility operated by
or under contract with the institutional division."
SECTION 1.051. Amends Section 498.002, Government Code,
CLASSIFICATION AND RECLASSIFICATION, to provide authority to impose
classification on inmates entering transfer facilities. Also
changes "institutional division" to "department."
SECTION 1.052. Amends Section 498.003, Government Code, ACCRUAL OF
GOOD CONDUCT TIME, to clarify that county jail inmates earn no more
than the entry-level amount of good time, and remove reference to
transfer facilities.
SECTION 1.053. Amends Section 498.004, Government Code, FORFEITURE
AND RESTORATION OF GOOD CONDUCT TIME, to change rulemaking to
policymaking, regarding forfeiture of good time after revocation,
and deletes inter-divisional reporting requirement.
SECTION 1.054. Amends Section 498.005, Government Code, ANNUAL
REVIEW OF CLASSIFICATION; RESTORATION OF GOOD TIME; RETROACTIVE
AWARD OF GOOD TIME, to change "rules" to "policies", and to clarify
and generalize the Board's annual review of good conduct time
practices by removing the requirement to consider overcrowding in
the review.
SECTION 1.055. Amends Section 499.001(1) and (3), Government Code,
to amend definition of "Community residential facility" to conform
with other law.
SECTION 1.056. Amends Section 499.002(a) and (b), Government Code,
to change "pardons and paroles" to "parole" and expands pre-parolee
transfer eligibility to include inmates to be released on mandatory
supervision.
SECTION 1.057. Amends Section 499.0021, Government Code, TRANSFER
OF REVOKED DEFENDANTS, to change "probation" to "community
supervision" and "pardons and paroles division" to "parole
division." Also adds "county jails" to possible locations
confined.
SECTION 1.058. Amends Section 499.003, Government Code, TRANSFER
FROM JAIL OR OTHER CORRECTIONAL FACILITY, to change "pardons and
paroles division" to "parole division", change pre-parolee transfer
eligibility from 180 days to one year out from presumptive parole
date and expand eligibility for pre-parolee transfer to inmates who
have been denied parole but are one year from mandatory release.
SECTION 1.059. Amends Section 499.004, Government Code, RULES;
SUPERVISION OF PRE-PAROLEES, to give TDCJ authority to promulgate
policies for conduct of PPT residents and give the parole division
authority to manage residents' conduct. Removes requirement that
officers provide periodic written reports to PPD concerning the
pre-parolee's adjustment. Changes responsibility for reporting
violations from the "officer" to the "facility," and changes
recommendations to BPP from "officer" to "TDCJ." Clarifies the
provision for the award of the same amount of good conduct time as
the pre-parolee would have received if incarcerated in the
Institutional Division.
SECTION 1.060. Amends Section 499.005(a), Government Code, to give
the parole division the authority to transfer the pre-parolee from
pre-parole status to parole status and issue the pre-parolee a
certificate of release.
SECTION 1.061. Amends Section 499.021(2), Government Code, to
amend the definition of "Intensive supervision parole" by changing
"pardons and paroles division" to "parole division."
SECTION 1.062. Amends Section 499.026(d), Government Code, to
change "pardons and paroles division" to "department."
SECTION 1.063. Amends Section 499.027(b) and (c), Government Code,
Prison Management Act, to update cross-references for offenses that
are ineligible. Also changes "institutional division" to
"department."
SECTION 1.064. Amends Section 499.028, Government Code, FACILITIES
EXPANSION AND IMPROVEMENT REPORT, to provide that the department,
instead of the institutional division, provide the facilities
expansion report to leadership.
SECTION 1.065. Amends Section 499.052(a), Government Code, to
change responsibility from the director of the institutional
division to the institutional division.
SECTION 1.066. Amends Section 499.071, Government Code, SCHEDULED
ADMISSIONS POLICY, to repeal the requirement to use a prison
allocation formula, and replace it with a scheduled admissions
policy to allow the institutional division to meet the 45-day rule.
SECTION 1.067. Amends Section 499.102(a), Government Code, to
allow the institutional division the flexibility to provide law
libraries or "adequate assistance from persons trained in the law."
SECTION 1.068. Amends Section 499.110, Government Code,
ADMINISTRATIVE PROCEDURE ACT, to clarify that the rulemaking
process, not the contested case process, applies to the unit and
system capacity expansion process.
SECTION 1.069. Amends Section 499.154, Government Code, CUSTODY
STATUS; GOOD CONDUCT TIME, to amend the transfer facility statute
to enable inmates to earn more than entry level good time if they
are promoted, or to be disciplined and lose good time.
SECTION 1.070. Amends Section 499.155(a), Government Code, to
extend the 12-month limit on housing in transfer facilities, to "no
longer than the maximum term of confinement permitted for a state
jail felony."
SECTION 1.071. Amends Section 500.001, Government Code,
SUPERVISORY OR DISCIPLINARY AUTHORITY OF INMATES, to include all
facilities operated by the department or under contract with the
department.
SECTION 1.072. Amends Section 500.002, Government Code,
DESTRUCTION OF PROPERTY, to make all inmates/confinees liable for
intentional damage to state property, including inmates in transfer
facilities and state jails. Also changes statute to require
exhaustion of administrative remedies via grievance procedure by
inmate disputing claims against them for damages.
SECTION 1.073. Amends Section 500.003, Government Code, GAMBLING
PROHIBITED, to include "a facility operated by or under contract
with the department."
SECTION 1.074. Amends Section 500.005, Government Code, REWARDS ON
ESCAPE, to add "in compliance with board policy" for the
institutional division to offer a reward for an escapee.
SECTION 1.075. Amends Section 500.006, Government Code,
TRANSPORTATION OF INMATES, to change "director of the institutional
division" to "department" and change rulemaking to policy adoption.
Also deletes language relating to "receiving stations" and the
quasi-classification process that would occur there.
SECTION 1.076. Amends Section 501.002, Government Code, ASSAULT BY
EMPLOYEE ON INMATE, to clarify that the executive director has
authority to take action regarding employees committing assault on
an inmate housed in a facility operated by the division.
SECTION 1.077. Amends Section 501.003, Government Code, FOOD, to
require that the department rather than the director of the
institutional division has the responsibility to ensure that
inmates are fed in accordance with the section.
SECTION 1.078. Amends Section 501.004, Government Code, CLOTHING,
to require that the department rather than the institutional
division has the responsibility to ensure that inmates are clothed
in accordance with the section.
SECTION 1.079. Amends Section 501.005, Government Code, LITERACY
PROGRAMS, to provide that responsibility for literacy programs
includes inmates housed in facilities operated by the institutional
division.
SECTION 1.080. Amends Section 501.006, Government Code, EMERGENCY
ABSENCE, to remove authority to allow appropriate-reason furloughs
from prison, leaving only the authority to grant emergency,
escorted absences for funerals, medical treatment, or visiting
critically ill relatives.
SECTION 1.081. Amends Section 501.007, Government Code, INMATE
CLAIMS FOR LOST OR DAMAGED PROPERTY, to amend inmate claims for
lost or damaged property to include state jails and contract
facilities. Also replaces "institutional division" with
"department."
SECTION 1.082. Amends Section 501.009, Government Code, VOLUNTEER
ORGANIZATIONS, to change "institutional division" to "department"
and to include volunteer programs for inmates housed in all
facilities operated by institutional division.
SECTION 1.083. Amends Section 501.010, Government Code, VISITORS,
to add "a facility operated by the division," to language relating
to visitors to the division. Also provides that the institutional
division shall have a visitation policy for inmates housed in
facilities operated by the division, other than state jails.
SECTION 1.084. Amends Section 501.011 (a) and (h), Government
Code, to add a representative from the state jail division to the
Role of the Family in Reducing Recidivism Advisory Committee.
Changes "institutional division" to "department" and adds
"facilities operated by" throughout the section.
SECTION 1.085. Amends Section 501.012, Government Code, FAMILY
LIAISON OFFICER, to add language in the section to include all
facilities operated by institutional division.
SECTION 1.086. Amends Section 501.013, Government Code, MATERIALS
USED FOR ARTS AND CRAFTS, to add language in the section to include
all facilities operated by institutional division.
SECTION 1.087. Amends Section 501.014, Government Code, INMATE
MONEY, to provide for trust accounts in all facilities operated by
the department. Also adds language to ensure that each facility
operated by or under contract with the department shall operate a
trust fund system that complies with this section. Replaces
"director" with "institutional division." New language is added
that allows the institutional division to place a hold on funds in
an inmate trust fund to restore amounts withdrawn by the inmate
against uncollected funds; to correct accounting errors; to make
restitution for wrongful withdrawals made by an inmate from the
trust fund of another inmate; to cover deposits until cleared; as
directed by court order; or as part of an investigation by the
department of inmate conduct involving the use of trust funds or an
investigation in which activity in the trust fund is evidence.
SECTION 1.088. Amends Section 501.015(b) and (c), Government Code,
to change "pardons and paroles division" to "department" and
"director of the institutional division" to "department."
SECTION 1.089. Amends Section 501.016, Government Code, DISCHARGE
OR RELEASE PAPERS; RELEASE DATE, to allow the department rather
than the institutional division, to release an inmate on the
preceding workday when a release date falls on a weekend or legal
holiday.
SECTION 1.090. Amends Section 501.017, Government Code, COST OF
CONFINEMENT AS CLAIM, to change "institutional division" to
"department" and add "a facility operated by or under contract with
the department." Also changes rulemaking to policy adoption.
Deletes requirement that Policy Council monitor TDCJ's efforts to
make claims against the estates of deceased inmates.
SECTION 1.091. Amends Section 501.051, Government Code, MEDICAL
FACILITIES AT UNIVERSITY OF TEXAS MEDICAL BRANCH, to authorize
treatment of department patients, rather than just institutional
division inmates, in UTMB facilities.
SECTION 1.092. Amends Section 501.052, Government Code, MEDICAL
RESIDENCIES, to change "institutional division" to "department."
SECTION 1.093. Amends Section 501.053, Government Code, REPORTS OF
PHYSICIAN MISCONDUCT, to change "institutional division" to
"department."
SECTION 1.094. Amends Section 501.054, Government Code, AIDS AND
HIV EDUCATION; TESTING, to change "institutional division" to
"department." Also adds in "a facility operated by the
department." Expands HIV confidentiality provision to cover
releasees from state jail.
SECTION 1.095. Amends Section 501.055, Government Code, REPORT OF
INMATE DEATH, to add that the office of internal affairs for the
department also be notified upon the death of an inmate. Provides
that subsection (a), relating to a justice of the peace performing
an inquiry as to cause of death of an inmate, does not apply if the
inmate dies of natural causes while attended by a physician and an
autopsy is to be performed, or is lawfully executed.
SECTION 1.096. Amends Section 501.056, Government Code, CONTRACT
FOR CARE OF MENTALLY ILL AND MENTALLY RETARDED INMATES, to change
"institutional division" to "department."
SECTION 1.097. Amends Section 501.057, Government Code, CIVIL
COMMITMENT BEFORE PAROLE, to change responsibility from the various
divisions to the department and other conforming amendments.
SECTION 1.098. Amends Section 501.093(a) and (c), Government Code,
to change responsibility from the various divisions to the
department regarding the Memorandum of Understanding for continuity
of care for inmates with history of drug or alcohol abuse.
SECTION 1.099. Amends Section 501.095(a) and (c), Government Code,
change the responsibility from the various divisions to the
department regarding a Memorandum of Understanding governing
continuity of care for inmates with history of unemployment.
SECTION 1.100. Amends Section 501.096(d), Government Code, to
change responsibility from the various divisions to the department.
SECTION 1.101. Amends Section 507.001, Government Code, AUTHORITY
TO OPERATE OR CONTRACT FOR STATE JAIL FELONY FACILITIES, to clarify
the primary authority of the State Jail Division for oversight of
all state jails.
SECTION 1.102. Amends Subchapter B, Chapter 507, Government Code,
by adding Sec. 507.028 as follows:
Sec. 507.028. FURLOUGH PROGRAM. Allows the state jail
division to grant a furlough to a defendant so that the
defendant may obtain a medical diagnosis or medical treatment;
obtain treatment and supervision at a MHMR facility; attend a
funeral or visit a critically ill relative; or participate in
any other activity that is appropriate as determined by
division policy. Requires the division to adopt policies for
the administration of the furlough program. Provides that an
inmate furloughed under this section is considered to be in
the custody of the state jail division, even if the defendant
is not under physical guard while furloughed.
SECTION 1.103. Amends Subchapter B, Chapter 507, Government Code,
by adding Section 507.029, USE OF INMATE LABOR, to allow the
department to use the labor of inmates of the institutional
division for any work or community service program or project
performed by the state jail division.
SECTION 1.104. Amends Subchapter B, Chapter 507, Government Code,
by adding Section 507.030 as follows:
Sec. 507.030. VISITATION. Requires the state jail division to
allow the governor, members of the legislature, and officials
of the executive and judicial branches to enter during
business hours any part of a facility operated by the
division. Provides that a visitor under this subsection may
talk with defendants away from division employees. Requires
the division to establish a visitation policy for persons
confined in state jail felony facilities.
SECTION 1.105. Amends Article 2.12, Code of Criminal Procedure,
WHO ARE PEACE OFFICERS, to add commissioned Internal Affairs
personnel to the list of peace officers in the Code of Criminal
Procedure.
SECTION 1.106. Amends the Chapter headings below by deleting
references to the Institutional Division in each one and changing
the heading to those designated below.
CHAPTER 495, Government Code
CONTRACTS FOR CORRECTIONAL FACILITIES AND SERVICES
CHAPTER 496, Government Code
LAND AND PROPERTY
SUBCHAPTER A; LAND
CHAPTER 497, Government Code
INDUSTRY AND AGRICULTURE; LABOR OF INMATES
CHAPTER 499, Government Code
POPULATION MANAGEMENT; SPECIAL PROGRAMS
CHAPTER 500, Government Code
MISCELLANEOUS DISCIPLINARY MATTERS
CHAPTER 501, Government Code
INMATE WELFARE
SECTION 1.107. Amends Section 38.01(2), Penal Code, to include in
definition of escape the violation of a condition of supervision
imposing confinement in a secure correctional facility. This will
enable TDCJ to use deadly force, if necessary, to prevent an escape
under Penal Code Chapter 9.
SECTION 1.108. Amends Section 39.05, Penal Code, FAILURE TO REPORT
DEATH OF PRISONER, to clarify what constitutes an offense for
failure to report a death under Sec. 501.055, Government Code.
SECTION 1.109. Amends Article 49.04(a), Code of Criminal
Procedure, to provide that an inquest is no longer required by
Justice of the Peace if the person dies in prison either by
execution or by natural causes while under the care of a physician.
SECTION 1.110. Amends Article 49.18, Code of Criminal Procedure,
to provide that this article does not apply to a death that occurs
in facility operated by or under contract with the Texas Department
of Criminal Justice.
SECTION 1.111. Amends Chapter 614, Health and Safety Code, by
adding Section 614.017 as follows:
Sec. 614.017. EXCHANGE OF INFORMATION. To provide that an
agency authorized to provide continuity of care for a special
needs offender may receive information relating to an offender
regardless of whether other state law makes that information
confidential, if the agency receives the information to
further the purposes of this chapter; or to disclose
information relating to an offender, including information
about the offender's identity, needs, treatment, social,
criminal, and vocational history, and medical and mental
health history if the agency discloses the information to
further the purposes of this chapter. Also provides that this
section is not intended to conflict with a federal law that
restricts the disclosure of information.
SECTION 1.112. Amends Subchapter B, Chapter 101, Civil Practice
and Remedies Code, by adding Section 101.029 as follows:
Sec. 101.029. LIABILITY FOR CERTAIN CONDUCT OF STATE PRISON
INMATES. Provides that the department is liable for property
damage, personal damage, personal injury, and death caused by
an inmate or state jail defendant if the damage arises from
the operation or use of a motor-driven vehicle or motor-driven
equipment; the inmate or defendant would be personally liable
to the claimant according to Texas law; and if the act,
omission, or negligence was committed by the inmate acting in
the course or scope of a task or activity performed at the
request of an employee of the department and the inmate
performed under the supervision of the department. Provides
that this section does not apply to property damage, personal
injury, or death sustained by an inmate or state jail
defendant.
SECTION 1.113. Sections 494.005, 494.009, 494.010, 494.011;
499.006; 499.051, 499.054, 499.072 and 507.006(c), Government Code,
are repealed.
SECTION 1.114. Provides that the amendment by this article to
Section 501.055, Government Code, does not apply to an offense
committed under Subsection (c) of that section before the effective
date of the article. The amendments made by this article to Sec.
38.01 and 39.05 Penal Code apply only to offenses committed on or
after the effective date of this article.
SECTION 1.115. Provides that the change in law made by this
article to Chapter 101, Civil Practice and Remedies Code, applies
only to a cause of action that accrues on or after the effective
date of this article.
SECTION 1.116. (a) Except as provided in (b), effective date of
the article is September 1, 1995.
(b) Sections 1.020, 1.025, and 1.066 take effect
immediately.
ARTICLE 2
SECTION 2.001. Amends Section 2, Article 42.18, Code of Criminal
Procedure by amending Subdivisions (1), (2), (5), and (8) and
adding Subdivision (9) as follows:
(1) amends definition of parole law to delete "contract" with
supervisee.
(2) amends definition of mandatory supervision.
(5) changes pardons and paroles division to parole division.
(8) changes pardons and paroles division to parole division.
(9) adds a definition of "Department" to mean the Texas
Department of Criminal Justice.
SECTION 2.002. Amends Sections 4(a), (b), (c), (g), and (h),
Article 42.18, Code of Criminal Procedure as follows:
(a) changes references from Texas Department of Criminal
Justice to department, and adds affinity with a member of the
board for non-eligibility for board membership.
(b) deletes references to "pardons and paroles" division and
adds affinity with a member of the board for non-eligibility
for board membership.
(c) deletes "pardons and paroles."
(g) changes reference from Chairman of the Texas Board of
Criminal Justice to Chairman of the Board of Pardons and
Paroles for notification of a potential ground for removal of
a board member exists.
(h) deletes "pardons and paroles" and adds the board's
financial transactions as subject to audit by the state
auditor.
SECTION 2.003. Amends Section 6(b), Article 42.18, Code of
Criminal Procedure, to clarify reference to TDCJ and delete
"pardons and paroles."
SECTION 2.004. Amends Section 7(a), Article 42.18, Code of
Criminal Procedure, to correct cross-references to new sections in
the bill, and delete the ability to determine which prisoners may
be released from supervision and reporting requirements under
Section 15 of this article.
SECTION 2.005. Amends Section 8, Article 42,18, Code of Criminal
Procedure, ELIGIBILITY AND PROCEDURE FOR RELEASE, to clarify the
subsection that implies that only person convicted of drug free
zone crimes are eligible for special needs supervision. CCP
42.18(8)(k). Deletes language that is re-written in new sections
8B and 8C. Changes references in parole law away from concept of
"contract" with supervisee. CCP 42.18(2) & (8)(g). Deletes
redundant sentence about calculating good time for county jail
backlog inmates. 42.18(8)(a) and also provides that TDCJ, rather
than BPP, handle release on mandatory supervision, since it is not
a discretionary decision. CCP 42.18(8)(c). Includes a conforming
amendment regarding BPP rulemaking, removing references to
mandatory release.
SECTION 2.006.
(a) Amends Article 42.18, Code of Criminal Procedure, by adding
new Sections 8B, 8C, and 8D as follows:
Sec. 8B. CONDITIONS OF RELEASE; AUTHORITY OF DIVISION.
(a) allows a parole panel to include as a condition of parole
or mandatory supervision:
(1) any condition a court may impose on a defendant
placed on community supervision; and
(2) any reasonable condition designed to protect or
restore the victim or punish, rehabilitate, or reform
the person including conditions requiring the person to:
(A) attend counseling sessions or treatment for
substance abuse.
(B) make payment for damages the person is liable
for under Sec. 500.002, Government Code
(Destruction of Property).
(C) submit to electronic monitoring.
(D) participate in a community service program
selected by the department, for a time specified by
the parole panel.
(E) not communicate with the victim, go to or
within a proscribed minimum distance from the
residence, place of employment, or business of the
victim, or a school, day-care facility or similar
facility where a dependent child of the victim is
in attendance.
(b) requires the department to require as a condition of
parole or mandatory supervision that the person:
(1) register as a sex offender if required to do so.
(2) participate in a drug or alcohol abuse continuum of
care treatment program if the person had been a
participant of an In-Prison Therapeutic Community.
(3) pay a parole supervision fee.
(4) attain an educational skill level equal to or
greater than the average skill level of students who
have completed the sixth grade in public schools, unless
the panel determines the person lacks the intellectual
capability to ever achieve that skill level.
(5) submit to testing for controlled substances if a
controlled substance was related to the offense for
which the person was convicted.
(6) perform community service, for a time specified by
the department but not less than 300 hours, at a project
designated by the department that serves the person or
group who was the target of the person.
(c) provides that while a prisoner is in the custody of the
parole division, the division is allowed to enforce any
condition of supervision regardless of whether the condition
was imposed by a parole panel, and may impose any new
conditions
Section 8C. FEES.
(a) provides that the parole supervision fee is $10 if the
offense was committed before September 1, 1993.
(b) provides that the parole supervision fee is $18 if the
offense was committed on or after September 1, 1993.
(c) requires the department to charge a person convicted of
certain sex offenses pay a sex offender parole supervision fee
of $5 per month in addition to the $10 or $18.
(d) provides that fees imposed under this section apply to
prisoners released in another state, but required to report to
a parole officer in this state.
(e) requires the department to adopt policies relating to the
method of payment required of persons on parole or mandatory
supervision. Also provides for a deferred payment plan of the
fees.
(f) requires the department to remit fees collected to the
comptroller, for deposit into the general revenue fund.
Requires the additional $5 sex offender fee to be deposited in
the sexual assault program fund.
(g) provides that in a parole or mandatory supervision
hearing, at which it is alleged only that the inmate failed to
make payment of parole supervision fees, the inability of the
person to pay is an affirmative defense to prosecution which
the person may prove by a preponderance of the evidence.
Section 8D. PAROLEE RESTITUTION FUND.
(a) creates the parolee restitution fund outside of the
treasury and consisting of restitution payments made by
persons released on parole or mandatory supervision. Money in
the fund may only be used to pay restitution to victims of
criminal offenses.
(b) requires the state treasurer to be the trustee of the
fund.
(c) provides that when payment of restitution is ordered by
the board from a person released on parole or mandatory
supervision, the department is required to collect the payment
for disbursement to the victim; deposit the payment in the
parolee restitution fund and transmit the payment to the
victim as soon as practicable.
(d) provides that when a victim, entitled to restitution,
cannot be located, the department is required to attempt to
notify, by certified mail, the victim of the payments received
in restitution. Any money that remains unclaimed after five
years of being deposited in the compensation to victims of
crime auxiliary fund, shall be transferred to the general
revenue fund.
(b) Requires the parole division of TDCJ not later than the 30th
day after the effective date of this article to deposit any
restitution money received before the effective date, but not paid
to a victim in the parolee restitution fund.
(c) Amends Section 56.54, Code of Criminal Procedure, by adding
Subsection (h) to provide that Sections 403.094 (Consolidation of
Funds; Abolition of Dedications) and 403.095 (Use of Dedicated
Revenue), Government Code, do not apply to compensation to victims
of crime fund or the compensation to victims of crime auxiliary
fund.
(d) Provides that the compensation to victims of crime fund and the
compensation to victims of crime auxiliary fund are re-created as
special funds to be used for the purposes designated in Subchapter
B, Chapter 56, Code of Criminal Procedure.
(e) Amends Section 44.0061 (Sexual Assault Program Fund), Health
and Safety Code, by amending Subsection (b) and by adding
Subsection (d) as follows:
(b) changes the fees that the fund consists of to the sex
offender supervision fees collected.
(d) provides that Sections 403.094 and 403.095, Government
Code, do not apply to the sexual assault program fund.
(f) Recreates the sexual assault program fund as a special fund to
be used for the purposes designated in Section 44.0061, Health and
Safety Code.
SECTION 2.007. Amends Section 9, Article 42.18, Code of Criminal
Procedure, DUTY TO PROVIDE INFORMATION, COMPUTERS, AND OFFICES, to
have information be provided to the department rather than the
pardons and paroles division and to change references from "Texas
Department of Criminal Justice" to "department."
SECTION 2.008. Amends Section 10, Article 42.18, Code of Criminal
Procedure, ACCESS TO PRISONERS, to change "institutional division"
to "department" and give the department the authority to grant to
members and employees of the Board access to prisoners.
SECTION 2.009. Amends Section 11(a),(c),(d),(e),(f),(g),(i), and
(m), Article 42.18, Code of Criminal Procedure to change "pardons
and paroles division" to "department", and "Texas Department of
Criminal Justice" to "department."
SECTION 2.010. Amends Section 13(a), Article 42.18, Code of
Criminal Procedure, to delete "pardons and paroles."
SECTION 2.011. Amends Section 14, Article 42.18, Code of Criminal
Procedure, by amending Subsection (a) and adding Subsection (c) as
follows:
(a) Add language that requires a parole panel or designee to
consider any allegations made by the department that a
parolee, mandatory releasee, or person granted a conditional
pardon has violated a condition of supervision imposed by the
department and may revoke the parole or mandatory supervision.
(c) Changes the 121-day mandate that a blue warrant be
withdrawn, does not apply if the person: (1) has been placed
in an ISF, SAFPF, or other rehabilitative residential
facility; (2) is in custody in another jurisdiction; (3) their
attorney or the district attorney requests a continuance; or
(4) is subject to pending criminal charges that have not been
adjudicated.
SECTION 2.012. Amends Sections 15(b) and (c), Article 42.18, Code
of Criminal Procedure, to change authority from pardons and paroles
division to the department.
SECTION 2.013. Amends Section 17, Article 42.18, Code of Criminal
Procedure, SUPERVISION RESPONSIBILITIES, to grant the department
(not pardons and paroles division) authority to withdraw a warrant
and continue supervision of a released person at any time prior to
the revocation hearing.
SECTION 2.014. Amends Section 18, Article 42.18, Code of Criminal
Procedure, CONFIDENTIAL INFORMATION, to allow the pardons and
paroles division to share information for legitimate purposes with
other TDCJ divisions, law enforcement, federal/county/state
governmental agencies, and non-profit organizations, which should
be required to keep all information confidential.
SECTION 2.015. Amends Section 22, Article 42.18, Code of Criminal
Procedure, ELECTRONIC MONITORING, to change authority from pardons
and paroles division to the department.
SECTION 2.016. Amends Section 23, Article 42.18, Code of Criminal
Procedure, SPECIAL PROGRAMS, to change authority from pardons and
paroles division to the department.
SECTION 2.017. Amends Section 24, Article 42.18, Code of Criminal
Procedure, INTENSIVE SUPERVISION, to change authority from pardons
and paroles division to the department.
SECTION 2.018. Amends Section 25, Article 42.18, Code of Criminal
Procedure, COMMUNITY RESIDENTIAL FACILITIES, to change the
authority from pardons and paroles division to the department, and
change Community-Based Facilities to Community Residential
Facilities.
SECTION 2.019. Amends Section 26, Article 42.18, Code of Criminal
Procedure, CONTRACTS FOR LEASE OF FEDERAL FACILITIES, to change
authority from pardons and paroles division to the department.
SECTION 2.020. Amends Section 27, Article 42.18, Code of Criminal
Procedure, PROGRAM TO ASSESS AND ENHANCE EDUCATIONAL AND VOCATIONAL
SKILLS, to change authority from pardons and paroles division to
the department.
SECTION 2.021. Amends Section 28, Article 42.18, Code of Criminal
Procedure, REPORTING AND MANAGEMENT SERVICES, to change "pardons
and paroles division" to "department," and "fees collected" to
"fees imposed."
SECTION 2.022. Amends Article 48.01, Code of Criminal Procedure,
to allow a panel of the Board of Pardons and Paroles to recommend
reprieves to the Governor. Deletes obsolete reference to
governor's power to revoke paroles.
SECTION 2.023. Amends Section 23, Article 51.13, Code of Criminal
Procedure, to change the extradition statute to provide for the
parole division of TDCJ, rather than the Board of Pardons and
Paroles, to present to the governor the application for requisition
for the return of an escapee.
SECTION 2.024. Amends Subsections (a) and (c), Article 56.08, Code
of Criminal Procedure, by making conforming amendments of
citations, and deleting "pardons and paroles division."
SECTION 2.025. Amends Subsection (c), Article 60.052, Code of
Criminal Procedure to change the Board of Pardons and Paroles
division to the parole division.
SECTION 2.026. Amends Section 11.002, Election Code, to delete
specific reference to the "pardons and paroles division or
institutional division" of Texas Department of Criminal Justice.
SECTION 2.027. Amends Section 13.001(a), Election Code, to delete
specific reference to the "pardons and paroles division or
institutional division" of Texas Department of Criminal Justice.
SECTION 2.028. Amends Section 32.22(b), Family Code, to delete
specific reference to "pardons and paroles division" of Texas
Department of Criminal Justice.
SECTION 2.029. Amends Section 615.003, Government Code, to delete
specific reference to "pardons and paroles division" of Texas
Department of Criminal Justice.
SECTION 2.030. Amends Section 2001.223, Government Code, to delete
specific reference to "pardons and paroles division of the Texas
Department of Criminal Justice."
SECTION 2.031. Amends Section 111.058, Human Resources Code, to
delete specific reference to the "pardons and paroles division or
institutional division" of Texas Department of Criminal Justice.
SECTION 2.032. Amends Section 533.085(a), Health and Safety Code,
to delete specific reference to the "institutional division and
pardons and paroles division" of Texas Department of Criminal
Justice.
SECTION 2.033. Amends Section 614.002(c), Health and Safety Code,
to delete "pardons and paroles" and to add the state jail division
director of the Texas Department of Criminal Justice to the list of
people required to serve as a member of the Texas Council on
Offenders with Mental Impairments.
SECTION 2.034. Amends Section 93C(a), Public Utility Regulatory
Act to delete "pardons and paroles."
SECTION 2.035. Amends Section 3(b), Chapter 462, Acts of the 68th
Legislature Regular Session, 1983 (Article 4413(51), Vernon's Texas
Civil Statutes), to delete the directors of the divisions of the
Texas Department of Criminal Justice from the membership of the
Interagency Council on Sex Offender Treatment.
SECTION 2.036. This article takes effect September 1, 1995.
ARTICLE 3
SECTION 3.001. Amends Sections 8(a),(b),(c),(d),(f),(h), and (i),
Article 42.09, Code of Criminal Procedure, to change "institutional
division" to "department" and "director of institutional division"
to "the officer designated by the department" in the statute
requiring delivery of commitment papers. Changes "pardons and
paroles division" to "department."
SECTION 3.002. Amends the Article heading and Section 1, Article
42.11, Code of Criminal Procedure, UNIFORM ACT FOR OUT-OF-STATE
PAROLEE SUPERVISION, to include those on probation. The new
article heading is UNIFORM ACT FOR OUT-OF-STATE PROBATIONER AND
PAROLEE SUPERVISION.
SECTION 3.003. Amends Sections 9(e),(j), and (k), Article 42.12,
Code of Criminal Procedure, to provide that pre- and post-sentence
investigation reports not be filed with the district or county
clerk's office, but remain judicial records. Requires that such
reports be forwarded to any institution where the defendant is
sent. Also allows a defendant or his attorney to comment on a
presentence investigation or a postsentence report.
SECTION 3.004. Amends Section 11(a), Article 42.12, Code of
Criminal Procedure, to restore
the procedural authority of a trial judge to alter or amend the
conditions of community supervision, if there is no specific
statutory restriction or due process constraint.
SECTION 3.005. Amends Section 14(b), Article 42.12, Code of
Criminal Procedure, to modify the crimes for which a defendant
would be ineligible for placement in a Substance Abuse Felony
Punishment Facility to include attempted sex offenses, and to
delete harboring a runaway child from the list of offenses.
SECTION 3.006. Amends Section 15(h), Article 42.12, Code of
Criminal Procedure, to clarify the provision for time credit that
may be given by a judge for confinement in various facilities, and
to make clear that a judge does not have authority to require state
jail confinement as a modification of community supervision.
SECTION 3.007. Amends Section 16, Article 42.12, Code of Criminal
Procedure, to delete the
provision requiring a judge to continue a work requirement if the
judge orders a defendant to be confined in a state jail felony
facility as a modified condition of community supervision. Also
deletes language providing immunity for staff involved in community
service programs.
SECTION 3.008. Amends Section 18, Article 42.12, Code of Criminal
Procedure, by adding Subsection (j) to allow a community
corrections facility director, with judicial approval, to grant
short term and appropriate reason furloughs.
SECTION 3.009. Amends Section 22(a), Article 42.12, Code of
Criminal Procedure, to modify the crimes for which a defendant
would be ineligible for placement in a Substance Abuse Felony
Punishment Facility to include attempted sex offenses, and to
delete harboring a runaway child from the list of offenses.
SECTION 3.010. Amends Section 1(b)(2), Article 42.13, Code of
Criminal Procedure, to delete "state jail felony facility" from
list of community corrections facilities.
SECTION 3.011. Amends Section 3(b), Article 42.13, Code of
Criminal Procedure, to delete "pardons and paroles" division and
replace with "parole" division.
SECTION 3.012. Amends Section 4, Article 42.13, Code of Criminal
Procedure, INSPECTIONS, AUDITS, EVALUATIONS, to give the community
justice assistance division the ability to also inspect and audit
case management records and officer certification and training
records.
SECTION 3.013. Amends Section 7(g), Article 42.13, Code of
Criminal Procedure, to clarify the community justice assistance
division's ability to sanction a supervision officer for violation
of a standard.
SECTION 3.014. Amends Section 10(a) and (e), Article 42.13, Code
of Criminal Procedure, to delete the requirement that the community
justice assistance division consider the amounts appropriated by
the General Appropriations Act for basic supervision as sufficient
to provide basic supervision for each year of the fiscal biennium.
New language provides for a funding formula based on equal
weighting of the locality's percentage of state population and of
felons under direct supervision to replace the prison allocation
formula as a method of providing community corrections program
funding. Allows the board, by rule, to adopt a policy limiting for
all departments the percentage of benefit or loss that may be
realized as a result of the operation of the formula.
SECTION 3.015. Amends Section 11(b), Article 42.13, Code of
Criminal Procedure, to add that
the refusal by the division to provide discretionary grant funding
or a reduction by the division of discretionary grant funding
during a funding cycle, is excluded from the notice and hearing
requirements that the board must provide.
SECTION 3.016. Amends Section 3(b), Article 42.131, Code of
Criminal Procedure, to delete "pardons and paroles" and replace
with "parole."
SECTION 3.017. Amends Section 12, Article 42.131, Code of Criminal
Procedure, to add that the community supervision and corrections
department that receives payment for disbursement to a victim shall
immediately deposit the payment in the county treasury as required
by Section 140.003(f), Government Code, and deletes language that
deposits this money in the "department having original
jurisdiction." Also adds that a department is obligated to make a
good faith effort to locate and notify a victim that an unclaimed
payment exists. Changes references from a four-year waiting period
to a five-year waiting period before unclaimed money is transferred
from the department to the comptroller's office.
SECTION 3.018. Amends Article 43.10, Code of Criminal Procedure,
to remove references to defendants in jail as a condition of
supervision, to conform to other 1993 amendments that deleted
provisions that required time credit to be given to defendants
certified as a condition of supervision. Deletes language
providing immunity for staff involved in work programs.
SECTION 3.019. Amends Section 217.001, Labor Code, to add the
definition of "State Jail Division."
SECTION 3.020. Amends Section 217.002, Labor Code, PROJECT RIO, to
include persons sentenced to a state jail felony facility within
the coverage of Project Rio program.
SECTION 3.021. Amends Section 217.005(a), Labor Code, to include
the state jail division within the coverage of the Project Rio
program. Also deletes "pardons and paroles" division and replaces
with "parole" division.
SECTION 3.022. Amends Section 414.010, Government Code, PAYMENT
FROM DEFENDANT ON COMMUNITY SUPERVISION, to change "Probationer" to
Defendant on Community Supervision" in the section heading and
within the section. Also changes the "Texas Adult Probation
Commission" to the "Texas Department of Criminal Justice."
SECTION 3.023.
Repeals Section 13(e), Article 42.12, Code of Criminal
Procedure.
Repeals Section 2.09(c), Article 42.121, Code of Criminal
Procedure.
Repeals Section 3.111, Article 42.121, Code of Criminal
Procedure.
SECTION 3.024. This article takes effect September 1, 1995.
ARTICLE 4
SECTION 4.001. Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
Throughout the bill, appropriate clean up revisions specifying
areas of responsibility for the Department of Criminal Justice
(TDCJ) and divisions within the agency are further refined. In
addition, substantive changes in the committee substitute include
the following provisions.
ARTICLE 1:
Changes the statutory specification for beds to be provided for the
purpose of operating substance abuse felony (SAFP) facilities from
"12,000" to "sufficient." Allows for the use of SAFP beds for in-prison therapeutic care (IPTC) of inmates, as well as the
commingling of SAFP and IPTC inmates. Changes the "Statement of
Policy" for the institutional division to the "Institutional
Division Mission" and provides a revised statement of purpose.
Adds language to the provision for the sale of land authorizing
direct sale to a local government. Provides authority for the
department to transfer a facility to another state agency per an
agreement by the governing bodies of both agencies, provides
immediate effect. Addresses an inadvertent error created during
the codification of the Government Code which requires the disposal
of surplus agricultural property under General Services Commission
provisions. Also adds language to allow the department to use
surplus agricultural lands to provide agricultural products to a
nonprofit organization.
With regard to the work program facilities, the committee
substitute amends the requirement for American Correctional
Association certification by removing the reference to facilities
being "community residential" facilities. Further amends the wages
provisions of the work program plan to allow, by rule, deductions
from wages in accordance with the federal prison enhancement
certification program and further deductions for victim
restitution, inmate savings and the cost of supervision.
Adds a provision which requires that each inmate must work to the
extent medically capable.
Removes a provision contained in separate legislation regarding the
loss of good conduct time as a result of an inmate frivolous
lawsuit. Provision for the Board of Criminal Justice annual review
of good conduct time practices is amended by removing the
requirement to consider the issue of overcrowding during the
review.
Expands the pre-parole transfer (PPT) eligibility to include
inmates to be released on mandatory supervision. Further changes
PPT eligibility from 180 days to one year prior to the presumptive
parole date for inmates in county jail or other non-TDCJ facility.
Requires TDCJ to establish policies regarding the management of PPT
residents' conduct and authorizes the transfer of a pre-parolee to
parole status upon satisfactory completion of a program. Deletes
the provision allowing the transfer of a pre-parolee from
residential setting to electronic monitoring.
Inserts flexibility for the institutional division to provide law
libraries or "adequate assistance from persons trained in the law."
Inserts clarification that the rulemaking process, not the
contested case process, in the Administrative Procedures Act
applies to the unit and system capacity expansion process.
Deletes obsolete discussion of "receiving stations" and the quasi-classification process that would occur there. Expands to the
entire department the requirement to provide clothing for inmates.
Clarifies that an emergency absence of an inmate will occur only
under escort. Deletes inmate grievance procedure application to
state jails.
Grants authority for "holds" on inmate trust accounts for certain
situations such as insufficient funds, accounting errors, wrongful
withdrawals or court orders. Deletes the requirement that the
Criminal Justice Policy Council monitor TDCJ's efforts to make
claims against the estates of deceased inmates. Clarifies the
procedure required for inmate deaths with regard to the
responsibilities of justices of the peace.
Clarifies authority of TDCJ State Jail Division for oversight of
all state jails. Changes the state jail "Emergency Release"
program to "Furlough Program," adding more specific criteria for
which a furlough may be granted. Provides reciprocal authority for
state jail division to use ID inmates on work projects. Adds a
provision to allow state jail division to adopt a visitations
policy.
Removes enhanced penalty for assault on public servant which is
carried in separate legislation. Provides for information sharing
override to health care confidentiality laws. Provides for TDCJ
financial liability for damages caused by inmates driving vehicles
for department purposes, including state jail defendants.
ARTICLE 2:
Makes the Department rather than the parole board responsible for
the release to mandatory supervision, imposition of statutorily
required conditions of parole and mandatory supervision and
application to the Governor for the extradition of escapees.
Allows a parole panel or the parole board's executive committee to
approve reprieves and out-of-state placements. Sets the monthly
parole fee at $18 if the offense was committed on or after
September 1, 1993, and at $10 if the offense was committed before
September 1, 1993. Adds the director of the State Jail Division to
the membership of the Texas Council on Offenders with Mental
Impairments.
ARTICLE 3:
Amends the Uniform Act for out-of-state parole supervision to
include offenders under community supervision, and deletes state
jail felony facilities from the list of community corrections
facilities. Allows the Board of Criminal Justice, by rule, to
limit how much the allocation of community corrections funds
received by a local Community Supervision and Correction Department
can change from one year to the next. Allows defendants to comment
on post-sentence reports. Adds another exception to the
requirement that parole revocation warrants be withdrawn unless a
revocation decision is made within 120 days. Repeals the
requirement that time served in jail as a condition of DWI
community supervision be credited toward the sentence upon
revocation. Deletes provisions from the original bill of certain
technical amendments to the DWI law. Deletes a provision from the
original bill which required information regarding all allegations
made in the community supervision revocation process be forwarded
to the Department.
SUMMARY OF COMMITTEE ACTION
H.B. 2162 was considered by the Committee on Corrections in a
public hearing on March 28, 1995. The committee considered a
complete substitute for the bill. The following person testified
neutrally on the bill:
Carl Reynolds, representing the Texas Board of Criminal
Justice.
The substitute was withdrawn. The bill was left pending.
H.B. 2162 was considered by the committee in a public hearing on
April 4, 1995. The committee considered a complete substitute for
the bill. Two amendments were offered to the substitute. The two
amendments to the substitute were adopted without objection. The
substitute as amended was adopted without objection. The chair
directed the staff to incorporate the amendments into the
substitute. The following persons testified neutrally on the bill:
Carl Reynolds, representing the Texas Board of Criminal
Justice;
Melinda Bozarth, representing the Texas Department of Criminal
Justice; and
James A. Collins, representing the Texas Department of
Criminal Justice.
The bill was reported favorably as substituted with the
recommendation that it do pass and be printed by a record vote of
8 ayes, 0 nays, 0 pnv, and 1 absent.