74(R) HB 2162 Senate Committee Report

BILL ANALYSIS

C.S.H.B. 2162
By: Hightower (Whitmire)
Criminal Justice
05-10-95
Senate Committee Report (Substituted)
BACKGROUND

In 1987, The Department of Corrections (TDC), the Board of Pardons
and Paroles, and the Adult Probation Commission underwent numerous
statutory changes as a result of Sunset review. In 1989, the Texas
Department of Criminal Justice (TDCJ) became the governing body of
all three agencies and the civil statutes governing TDC were
codified into the Government Code. Currently, the codes do not
reflect the consolidation of all three agencies under TDCJ.

PURPOSE

As proposed, C.S.H.B. 2162 clarifies the duties of the divisions of
the Texas Department of Criminal Justice.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Board of Criminal Justice in SECTIONS 1.039, 1.061,
3.0091, and 3.012 (Sections 497.051(a) and 499.071, Government Code
and Sections 2 and 10, Article 42.13, Code of Criminal Procedure)
and the state jail division of the Texas Department of Criminal
Justice in SECTION 1.100 (Section 507.028(b), Government Code) of
this bill.

SECTION BY SECTION ANALYSIS

ARTICLE 1

SECTION 1.001. Amends Section 493.001, Government Code, as
follows:

Sec. 493.001. New heading: DEPARTMENT MISSION. Provides that
the mission of TDCJ is to provide public safety, promote
positive change in offender behavior, and reintegrate
offenders into society. Deletes existing Subdivisions (1)-(3).

SECTION 1.002. Amends Section 493.003(b), Government Code, to
provide that the terms of the members of the judicial advisory
council expire September 1, rather than February 1, in the year in
which they are to expire.

SECTION 1.003. Amends Chapter 493, Government Code, as follows:

Sec. 493.0081. OFFICE OF INTERNAL AUDITS. (a) Requires the
board to create within TDCJ an office of internal audits.
Requires the board to employ a chief of office of internal
audits based on recommendations from the executive director of
TDCJ regarding qualified candidates for the position.
Authorizes the employment of the chief of the office to be
terminated only with the approval of the board.

(b) Sets forth the required duties of the office of
internal audits.

(c) Requires the chief of the office of internal audits to
send reports, audits, evaluations, and recommendations to
the executive director. Sets forth the information the
chief is required to include in the report which is to be
given to the board at least once per year.

(d) Requires the chief to report directly to the board on
other matters at the times required by board policy.

SECTION 1.004. Amends Sections 493.009(e) and (f), Government
Code, as follows:

(e) Requires the TDCJ to employ or contract with qualified
professionals to implement the program for persons required to
participate in the program under Section 14, Article 42.14,
Code of Criminal Procedure.

(f) Makes conforming changes.
SECTION 1.005. Amends Section 493.009, Government Code, by
amending Subsections (c), (g), and (h), and by adding Subsection
(q), as follows:

(c) Requires the program for persons required to participate
in the program under Section 14, Article 42.12, Code of
Criminal Procedure (program), to consist of treatment programs
that may very in time from 90 days to 12 months in duration.
Deletes the existing requirement that TDCJ establish and
provide treatment programs for persons in certain categories
who are housed in beds otherwise provided for persons required
to participate in the program.

(g) Requires TDCJ to provide at least 5,200, rather than
12,000, beds for the purpose of operating the program and,
among others, inmates participating in the program described
by Section 501.0931.

(h) Makes conforming changes.

(q) Requires TDCJ to determine whether TDCJ should increase
the number of beds for the operation of the program for
persons required to participate in the program under Section
14, Article 42.12, Code of Criminal Procedure, not less often
than every two years.

SECTION 1.006. Amends Sections 493.009(m) and (n), Government Code,
to make conforming changes.

SECTION 1.007. Amends Section 493.010, Government Code, to make a
nonsubstantive change.

SECTION 1.008. Amends Section 493.011, Government Code, to make a
conforming change.

SECTION 1.009. Amends Chapter 493, Government Code, by adding
Section 493.015, as follows:

Sec. 493.015. ENFORCEMENT OFFICERS. Authorizes the executive
director to appoint employees who are certified by the
Commission on Law Enforcement Officer Standards and Education
as qualified to be peace officers to serve under the direction
of the executive director and assist the executive director in
performing the enforcement duties of TDCJ.

SECTION 1.010. Amends Chapter 493, Government Code, by adding
493.016, as follows:

Sec. 493.016. INFORMATION OF PUBLIC INTEREST; COMPLAINTS.
(a) Requires TDCJ to prepare information of public interest
describing the functions of TDCJ and the procedures by which
complaints are filed with and resolved by TDCJ. Requires TDCJ
to make the information available to the general public and
appropriate state agencies.

(b) Requires TDCJ to establish methods by which interested
persons are notified of the name, mailing address, and
telephone number of TDCJ for the purpose of directing
complaints to TDCJ.

(c) Requires TDCJ to keep an information file about each
complaint filed with TDCJ by member of the general public
that relates to the operations of TDCJ.

(d) Sets forth the required actions of TDCJ if a written
complaint is filed by a member of the general public
regarding TDCJ operations.

SECTION 1.011. Amends Chapter 493, Government Code, by adding
Section 493.017, as follows:

Sec. 493.017. SEAL OF DEPARTMENT. Sets forth the
requirements of the seal TDCJ is required to use to certify
documents.

SECTION 1.012. Amends Section 494.001, Government Code, as
follows:

Sec. 494.001. New heading: INSTITUTIONAL DIVISION MISSION.
Sets forth the mission of the institutional division of TDCJ.
Deletes existing Section 494.001.

SECTION 1.013. Amends Section 494.002(a), Government Code, to
authorize the director of the institutional division to adopt
policies rather than rules governing inmates.

SECTION 1.014. Amends Sections 494.003(a) and (b), as follows:

(a) Requires TDCJ, rather than the director of the
institutional division, to keep account of financial
transactions involving the institutional division. Makes a
conforming change.

(b) Requires the director or a designee to provide a receipt
for all money received by the institutional division.

SECTION 1.015. Amends Section 494.012(a), Government Code, to make
a conforming change.

SECTION 1.016. Amends Section 496.001, Government Code, to make a
nonsubstantive change.

SECTION 1.017. Amends Section 496.002(a), Government Code, to make
a conforming change.

SECTION 1.018. Amends Chapter 496A, Government Code, by adding
Section 496.0021, as follows:

Sec. 496.0021. SALE OF DEPARTMENT REAL PROPERTY. (a)
Authorizes the board to sell state-owned real property under
the board's management and control at the real property's fair
market value. Requires the General Land Office to negotiate
the transaction. Requires any proceeds from the transaction
to be deposited in the Texas capital trust fund.

(b) Authorizes the board to authorize the sale of land
directly to a local government at fair market value without
the requirement of a sealed bid sale if the local government
acquires the property for use as a local correctional
facility.

SECTION 1.019. Amends Section 496.003, Government Code, as
follows:

Sec. 496.003. New heading: LEASE OF REAL PROPERTY. (a)
Makes conforming changes.

(b) Requires TDCJ, rather than the institutional division,
to deposit the general revenue fund to the credit of a
special account the proceeds of a lease entered into under
this section, after deducting expenses. Authorizes the
proceeds to be used only for the payment of operating
expenses of TDCJ, rather than the institutional division.
Provides that Sections 403.094 and 403.095 do not apply to
the dedication of lease proceeds under this subsection.

SECTION 1.020. Amends Chapter 496A, Government Code, by adding
Section 496.0031, as follows:

Sec. 496.0031. TRANSFER OF FACILITIES. (a) Authorizes TDCJ
to transfer a correctional facility to another agency of the
state, and the agency receiving the facility subsequently to
transfer the facility back to TDCJ.

(b) Sets forth the requirements of a transfer under this
section.

SECTION 1.021. Amends Section 496.004, Government Code, as
follows:

Sec. 496.004. EASEMENTS. (a)-(c) Deletes the requirement
that the board obtain the consent of the attorney general and
governor prior to granting a lease permit.

(d) Requires TDCJ, rather than the board, to deposit money
received from a grant or lease in the general revenue fund
to the credit of a special account. Authorizes money
received under this section to be used only for the payment
of operating expenses of TDCJ. Provides that Sections
403.094 and 403.095 do not apply to the dedication of money
under this section.

SECTION 1.022. Amends Section 496.005, Government Code, to make
conforming changes.

SECTION 1.023. Amends Section 496.006, Government Code, to make
conforming changes.

SECTION 1.024. Amends Section 496.007, Government Code, to make
conforming changes. Deletes existing Subsection (b).

SECTION 1.025. Amends Section 496.051(a) and (b), Government Code,
to make conforming changes.

SECTION 1.026. Amends Section 496.0515, Government Code, to make
conforming changes.

SECTION 1.027. Amends Section 496.052(a), Government Code, to make
conforming changes.

SECTION 1.028. Amends Section 496.101(a), Government Code, to make
conforming changes.

SECTION 1.029. Amends Section 497.001, Government Code, to make
conforming changes.

SECTION 1.030. Amends Section 497.002(b), Government Code, to make
conforming changes.

SECTION 1.031. Amends Section 497.004, Government Code, to make
conforming changes.

SECTION 1.032. Amends Section 497.005, Government Code, to make a
conforming change.

SECTION 1.033. Amends Section 497.006, Government Code, to make a
conforming change.

SECTION 1.034. Amends Section 497.008, Government Code, to make a
conforming change.

SECTION 1.035. Amends Section 497.009, Government Code, to make
conforming changes.

SECTION 1.036. Amends Section 497.010, Government Code, to
authorize the prison industries office to enter into a contract in
compliance with 18 U.S.C. Section 1761, rather than 42 U.S.C.
Section 3701 et seq.

SECTION 1.037. Amends Section 497.034(c), Government Code, to
authorize the institutional division to use surplus agricultural
lands to provide agricultural products to a nonprofit organization
at no profit to the division. Deletes existing Subsection (c).

SECTION 1.038. Amends Section 497.035(a), Government Code, to
provide that a person commits an offense if the person
intentionally sells or offers to sell in this state an article or
product which was manufactured by an inmate unless certain
conditions apply.

SECTION 1.039. Amends Section 497.051, Government Code, as
follows:

Sec. 497.051. New heading: WORK PROGRAM PLAN. (a) Requires
TDCJ to establish policies for the administration of a
conditional work program. Requires the policies to include a
work program contract that includes an agreement by the
resident to contribute from the wages received by the resident
for the resident's participation in private industry
employment a percentage of the wages, in accordance with rules
adopted by the board to comply with the federal prison
enhancement certification program established under 18 U.S.C.
Section 1761, and a percentage of the wages for certain
expenses.

(b) Provides that this subchapter does not restore in whole
or in part the civil rights of a work program resident.

(c) Sets forth the provisions which apply to a resident of
a work program under this subchapter. Deletes existing
Section 497.051.

SECTION 1.040. Amends Section 497.081(a), Government Code, to make
conforming changes.

SECTION 1.041. Amends Chapter 497D, Government Code, by adding
Section 497.090, as follows:

Sec. 497.090. WORK REQUIRED. Requires TDCJ to require each
inmate to work, to the extent that the inmate is physically
capable of working.

SECTION 1.042. Amends Section 497.091, Government Code, to
redefine "agency" and "local government." Makes conforming
changes.

SECTION 1.043. Amends Section 497.092(b), Government Code, to make
conforming changes.

SECTION 1.044. Section 497.094, Government Code, as follows:

Sec. 497.094. JOB TRAINING PROGRAMS. Requires TDCJ to
implement job training programs for inmates confined in
facilities operated by TDCJ and monitor the success of those
programs. Requires TDCJ to collect information relating to
the employment histories of inmates released from the
institutional division. Deletes references to a memorandum of
understanding regarding the job training programs.

SECTION 1.045. Amends Section 497.096, Government Code, to provide
that certain persons are not liable for damages arising from an act
or failure to act in connection with community service performed by
an inmate imprisoned in a facility operated by TDCJ. Makes a
conforming change.

SECTION 1.046. Amends Chapter 497E, Government Code, by adding
Section 497.097, as follows:

Sec. 497.097. USE OF STATE JAIL FELONS. Authorizes TDCJ to
use the labor of defendants confined in a state jail felony
facility in any work or community service program or project
performed by the institutional division.

SECTION 1.047. Amends Section 498.001(1), Government Code, to
redefine "inmate."

SECTION 1.048. Amends Section 498.002, Government Code, to make
conforming changes.

SECTION 1.049. Amends Section 498.003, Government Code, as
follows:

Sec. 498.003. ACCRUAL OF GOOD CONDUCT TIME. (a)-(d) Make
conforming changes.

(e) Requires TDCJ to award good conduct time to a person up
to an amount equal to the amount earned by an inmate in the
entry level time earning class if the person is confined in
a county jail. Deletes reference to a transfer facility.
Makes conforming changes.
SECTION 1.050. Amends Section 498.004, Government Code, to delete
the requirement that the parole division notify the institutional
division of a revocation of parole or mandatory supervision within
60 days. Makes conforming changes.

SECTION 1.051. Amends Section 498.005, Government Code, to delete
the requirement that the board consider in its review whether the
inmate overcrowding in the institutional division has decreased and
whether it is necessary for purposes of decreasing overcrowding to
classify inmates, to restore good conduct time, or to award
additional good conduct time retroactively to inmates who have been
reclassified. Makes conforming changes.

SECTION 1.052. Amends Sections 499.001(1) and (3), Government
Code, to make conforming changes.

SECTION 1.053. Amends Sections 499.002(a) and (b), Government
Code, to make conforming changes.

SECTION 1.054. Amends Section 499.0021, Government Code, as
follows:

Sec. 499.0021. New heading: TRANSFER OF REVOKED DEFENDANTS.
Makes conforming changes.

SECTION 1.055. Amends Section 499.003, Government Code, to
authorize the pardons and parole division to transfer a person not
more than one year, rather than 180 days, before the person's
parole date. Makes conforming changes.

SECTION 1.056. Amends Section 499.004, Government Code, as
follows:

Sec. 499.004. RULES; SUPERVISION OF PRE-PAROLEES. (a)
Requires TDCJ to establish policies for the conduct of pre-parolees transferred under this subchapter.

(b)-(e) Requires a facility director or a designee, rather
than an officer assigned by the pardons and paroles
division, to immediately report to the pardons and parole
division if the director or designee believes a pre-parolee
has violated the terms of a transfer agreement or rules of
the facility. Make conforming changes.

SECTION 1.057. Amends Section 499.026(d), Government Code, to make
conforming changes.

SECTION 1.058. Amends Sections 499.027(b) and (c), to set forth
the offenses to which, upon receiving a judgment containing an
affirmative finding, an inmate is not eligible for release to
intensive supervision parole.

SECTION 1.059. Amends Section 499.028, Government Code, to make
conforming changes.

SECTION 1.060. Amends Section 499.052(a), Government Code, to
authorize the institutional division, rather than the director of
the division, to limit the number of persons participating in the
program described in this section.

SECTION 1.061. Amends Section 499.071, Government Code, as
follows:

Sec. 499.071. New heading: SCHEDULED ADMISSIONS POLICY.
Requires the board to adopt and enforce a scheduled admissions
policy that permits the institutional division to accept
inmates within 45 days of processing as required by Section
499.121(c). Deletes existing Section 499.071.

SECTION 1.062. Amends Section 499.102(a), Government Code, to
authorize the staff of the institutional division to provide
adequate assistance from persons trained in the law in addition to
a law library.

SECTION 1.063. Amends Section 499.110, Government Code, as
follows:

Sec. 499.110. New heading: ADMINISTRATIVE PROCEDURE ACT.
Makes a conforming change.

SECTION 1.064. Amends Section 499.154, Government Code, to make a
conforming change.

SECTION 1.065. Amends Section 499.155(a), Government Code, to make
a conforming change.

SECTION 1.066. Amends Section 500.001, Government Code, to
prohibit an inmate housed in a facility operated by TDCJ, rather
than the custody of the institutional division, from acting in a
supervisory or administrative capacity over another inmate. Makes
conforming changes.

SECTION 1.067. Amends Section 500.002, Government Code, to
authorize an inmate to appeal a final decision by filing a petition
for judicial review after exhausting all administrative remedies
provided by the grievance system developed under Section 501.008.
Makes conforming changes.

SECTION 1.068. Amends Section 500.003, Government Code, to make
conforming changes.

SECTION 1.069. Amends Section 500.005, Government Code, to make
conforming changes.

SECTION 1.070. Amends Section 500.006, Government Code, to delete
the requirement that the institutional division designate units as
receiving stations to which all inmates must be initially
transported. Deletes existing Subsections (c) and (d). Makes
conforming changes.

SECTION 1.071. Amends Section 501.002, Government Code, to make
conforming changes.

SECTION 1.072. Amends Section 501.003, Government Code, to make
conforming changes.

SECTION 1.073. Amends Section 501.004, Government Code, to make
conforming changes.

SECTION 1.074. Amends Section 501.005, Government Code, to make
conforming changes.

SECTION 1.075. Amends Section 501.006, Government Code, as
follows:

Sec. 501.006. New heading: EMERGENCY ABSENCE. (a) Authorizes
the institutional division to grant an emergency absence under
escort to an inmate for certain emergencies. Deletes existing
Subsections (b), (d), and (f)-(i). Makes conforming changes.

(b)-(c) Redesignated from existing Subsections (e) and (g).
Make conforming changes.
SECTION 1.076. Amends Section 501.007, Government Code, to make
conforming changes.

SECTION 1.077. Amends Section 501.009, Government Code, to make
conforming changes.

SECTION 1.078. Amends Section 501.010, Government Code, to make
conforming changes.

SECTION 1.079. Amends Sections 501.011(a) and (h), Government
Code, to provide that a representative of the state jail division
is to be included on the Role of the Family in Reducing Recidivism
Advisory Committee. Makes a conforming changes.

SECTION 1.080. Amends Section 501.012, Government Code, to make
conforming changes.

SECTION 1.081. Amends Section 501.013, Government Code, to make
conforming changes.

SECTION 1.082. Amends Section 501.014, Government Code, to require
TDCJ to ensure that each facility operated by or under contract
with TDCJ shall operate a trust fund system that complies with this
section, but TDCJ is not required to operate a separate trust fund
system for each facility. Makes conforming changes.

SECTION 1.083. Amends Section 501.015(c), Government Code, to make
conforming changes.

SECTION 1.084. Amends Section 501.016, Government Code, to make
conforming changes.

SECTION 1.085. Amends Section 501.017, Government Code, to delete
the requirement of the Criminal Justice Policy Council (CJPC) to
monitor the activity of the institutional division in establishing
and enforcing claims or liens under this section. Deletes the
requirement of the CJPC to direct the division to discontinue
establishing claims or liens if the benefits obtained by the
division do not exceed the costs. Makes conforming changes.

SECTION 1.086. Amends Chapter 501A, Government Code, by adding
Section 501.051, as follows:

Sec. 501.021. USE OF INMATES IN TRAINING PROHIBITED.
Prohibits TDCJ from using an inmate in a program that trains
dogs to attack individuals without the inmate's permission.

SECTION 1.087. Amends Section 501.051, Government Code, to make
conforming changes.

SECTION 1.088. Amends Section 501.052, Government Code, to make
conforming changes.

SECTION 1.089. Amends Section 501.053, Government Code, to make
conforming changes.

SECTION 1.090. Amends Section 501.054, Government Code, to make
conforming changes.

SECTION 1.091. Amends Section 501.055, Government Code, as
follows:

Sec. 501.055. New heading: REPORT OF INMATE DEATH. Requires
an employee of the facility to notify the nearest justice of
the peace and the office of internal affairs for TDCJ if an
inmate dies while confined in the facility. Sets forth the
conditions to which Subsection (a) does not apply. Deletes
existing Subsections (b)(2) and (c).

SECTION 1.092. Amends Section 501.056, Government Code, to make
conforming changes.

SECTION 1.093. Amends Section 501.057, Government Code, to delete
the requirement that the institutional division provide the parole
division with the names of inmates determined by the institutional
division as mentally ill. Makes conforming and nonsubstantive
changes.

SECTION 1.094. Amends Section 501.093(a), Government Code, to make
conforming changes.

SECTION 1.095. Amends Sections 501.0931(f) and (i), Government
Code, as follows:

(f) Makes conforming changes.

(i) Requires the institutional division to provide at least
800 beds for housing participants in the program. Requires
the institutional division to determine whether the division
should increase the number of beds for the program not less
often than every two years.
SECTION 1.096. Amends Section 501.095(a) and (c), Government Code,
to make conforming changes.

SECTION 1.097. Amends Section 501.096(d), Government Code, to make
conforming changes.

SECTION 1.098. Amends Section 507.001, Government Code, as
follows:

Sec. 507.001. AUTHORITY TO OPERATE OR CONTRACT FOR STATE JAIL
FELONY FACILITIES. (a) Requires the state jail division to
consult with the community justice assistance division (CJAD)
before contracting with a community supervision and
corrections department under this section.
(b) Requires the CJAD and the state jail division to
develop and implement work programs and programs of
rehabilitation, education, and recreation in state jail
felony facilities. Requires CJAD and the state jail
division to consult with the community supervision and
corrections departments and the community justice councils
in developing programs and to develop the programs in a
manner that makes appropriate use of the facilities and
personnel of the community supervision and corrections
departments. Authorizes the divisions to deviate from a 90-day schedule as necessary to meet the requirements of a
particular program. Deletes the requirement that the CJAD
consult with the advisory committee on community supervision
and corrections department management to the judicial
advisory council in order to adopt rules for the programs.
Makes conforming and nonsubstantive changes.

(c)-(e) Make conforming and nonsubstantive changes.
SECTION 1.099. Amends Section 507.006(a), Government Code, to
authorize the state jail division, with board approval, to
designate one or more state jail felony facilities to house only
inmates convicted of nonviolent crimes who are eligible for
confinement in a transfer facility under Section 499.152, but only
if the designation does not deny placement in a state jail felony
facility of defendants required to serve terms of confinement in a
facility following conviction of state jail felonies. Prohibits
the division from housing in a state jail facility an inmate who
has a history of violent behavior or who will increase the
likelihood of harm to the public if housed in the facility.

SECTION 1.100. Amends Chapter 507B, Government Code, by adding
Section 507.028, as follows:

Sec. 507.028. FURLOUGH PROGRAM. (a) Sets forth the
conditions in which the director of a state jail felony
facility may grant a furlough to a defendant.

(b) Requires the state jail division to adopt policies for
the administration of the furlough program.

(c) Provides that a defendant 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 1.101. Amends Chapter 507B, Government Code, by adding
Section 507.029, as follows:

Sec. 507.029. USE OF INMATE LABOR. Authorizes TDCJ to use
the labor of inmates of the institutional division in any work
or community service program or project by the state jail
division.

SECTION 1.102. Amends Chapter 507B, Government Code, by adding
Section 507.030, as follows:

Sec. 507.030. VISITATION. Requires the state jail division
to allow the governor, member 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, for the purpose of observing the operations of the
division. Authorizes a visitor described by this subsection
to talk with defendants away from division employees.
Requires the state jail division to establish a visitation
policy for persons confined in the state jail felony
facilities.
SECTION 1.103. (a)-(g) Amends the chapter and subchapter headings
of Chapters 495, 496, 496A, 497, 499, 500, and 501, Government
Code, to remove "institutional division" from the title.

SECTION 1.104. Amends Section 38.01(2), Penal Code, to redefine
"escape."

SECTION 1.105. Amends Section 39.05, Penal Code, to make
conforming changes.

SECTION 1.106. Amends Article 49.04(a), Code of Criminal
Procedure, to make a conforming change.

SECTION 1.107. Amends Article 49.18, Code of Criminal Procedure,
to provide that this article does not apply to a death that occurs
in a facility operated by or under contract with TDCJ.

SECTION 1.108. Amends Chapter 614, Health and Safety Code, by
adding Section 614.017, as follows:

Sec. 614.017. EXCHANGE OF INFORMATION. (a) Sets forth the
authorized actions of an agency authorized by this chapter to
provide continuity of care for a special needs offender.

(b) Provides that this section is not intended to conflict
with a federal law that restricts the disclosure of
information described by Subsection (a).

SECTION 1.109. Amends Chapter 101B, Civil Practice and Remedies
Code, by adding Section 101.029, as follows:

Sec. 101.029. LIABILITY FOR CERTAIN CONDUCT OF STATE PRISON
INMATES. (a) Sets forth the circumstances in which TDCJ is
liable for property damage, personal injury, and death
proximately caused by the wrongful act or omission or the
negligence of an inmate or state jail defendant housed in a
facility operated by TDCJ.

(b) Provides that this section does not apply to property
damage, personal injury, or death sustained by an inmate or
state jail defendant.

SECTION 1.110. Amends Section 171.651, Tax Code, to define
"department." Redefines "inmate." Deletes the definition of
"institutional division."

SECTION 1.111. Amends Sections 171.653(a) and (b), Tax Code, to
make conforming changes.

SECTION 1.112. Amends Sections 171.654(a) and (b), Tax Code, to
make conforming changes.

SECTION 1.113. Amends Section 492.012, Government Code, to abolish
the board and TDCJ on September 1, 1999, rather than 1997, unless
continued in existence as provided by Chapter 325, Government Code.

SECTION 1.114. Repealer: Sections 493.009(o), 494.005, 494.009,
494.010, 494.011, 499.006, 499.051, 499.054, 499.072, and
507.006(c), Government Code (relating to the institutional division
of the TDCJ).

SECTION 1.115. (a) Makes application of Section 501.055,
Government Code, as amended by this article, prospective.

(b) Makes application of Sections 38.01 and 39.05, Penal
Code, as amended by this Act, prospective.

SECTION 1.117. (a) Effective date of Article 1: September 1,
1995.

(b) Provides that Sections 1.020, 1.025, and 1.060 take
effect immediately.

ARTICLE 2

SECTION 2.001. Amends Section 2, Article 42.18, Code of Criminal
Procedure, by amending Subsections (1), (2), (5), and (8) and by
adding Subsection (9), to redefine "parole," "mandatory
supervision," "director," and "division," and to define
"department."

SECTION 2.002. Amends Sections 4(a)-(c), (g), and (h), Article
42.18, Code of Criminal Procedure, to provide that a person is not
eligible for membership on the Board of Pardons and Paroles (board)
if the person or the person's spouse meet certain criteria. Makes
conforming changes.

SECTION 2.003. Amends Section 6(b), Article 42.18, Code of
Criminal Procedure, to make conforming changes.

SECTION 2.004. Amends Section 6, Article 42.18, Code of Criminal
Procedure, by adding Subsection (d), to require the board to adopt
a mission statement. Sets forth the mission of the board.

SECTION 2.005. (a) Amends Article 42.18, Code of Criminal
Procedure, by adding Sections 8B, as follows:

Sec. 8B. PAROLEE RESTITUTION FUND. Sets forth the methods
of deposit, disbursement, location, and the beneficiaries of
the parolee restitution fund.
(b) Requires the parole division, not later than 30 days
after the effective date of this article, to deposit any
restitution money received before the effective date of this
article but not paid to a victim in the parolee restitution
fund in the manner provided by Section 8B, Article 42.18, Code
of Criminal Procedure, as added by this article.

SECTION 2.006. Amends Section 9, Article 42.18, Code of Criminal
Procedure, to make conforming changes.

SECTION 2.007. Amends Section 10, Article 42.18, Code of Criminal
Procedure, to make conforming changes.

SECTION 2.008. Amends Sections 11(a), (c)-(g), (i), and (m),
Article 42.18, Code of Criminal Procedure, to make conforming
changes.

SECTION 2.009. Amends Section 13(a), Article 42.18, Code of
Criminal Procedure, to make a conforming change.

SECTION 2.010. Amends Section 14, Article 42.18, Code of Criminal
Procedure, by amending Subsection (a) and adding Subsection (c), as
follows:

(a) Requires a parole panel or designee to consider any
allegation made by TDCJ that a parolee, mandatory release, or
person granted a conditional pardon has violated a condition
of supervision imposed by TDCJ and may revoke the parole or
mandatory supervision or recommend to the governor revocation
of conditional pardon on a finding that the condition has been
violated. Makes a nonsubstantive change.

SECTION 2.011. Amends Section 18, Article 42.18, Code of Criminal
Procedure, as follows:

Sec. 18. CONFIDENTIAL INFORMATION. Provides that all
information, except as provided by Subsection (b), obtained
and maintained in connection with inmates of the institutional
division is confidential and privileged. Deletes the
provision that requires the information to be available to the
governor, members of the board, and the CJPC upon request.

(b) Provides that statistical and general information
regarding the parole and mandatory supervision system is not
confidential or privileged and must be made available for
public inspection at any reasonable time.

(c) Authorizes TDCJ to provide to certain eligible entities
information made confidential and privileged by this section
upon request of those eligible entities.

(d) Defines "eligible entity."

SECTION 2.012. Amends Section 22, Article 42.18, Code of Criminal
Procedure, to make conforming changes.

SECTION 2.013. Amends Section 23, Article 42.18, Code of Criminal
Procedure, to make conforming changes.

SECTION 2.014. Amends Section 24, Article 42.18, Code of Criminal
Procedure, to make conforming changes.

SECTION 2.015. Amends Section 25, Article 42.18, Code of Criminal
Procedure, as follows:

Sec. 25. New heading: COMMUNITY RESIDENTIAL FACILITIES. Makes
conforming and nonsubstantive changes.

SECTION 2.016. Amends Section 26, Article 42.18, Code of Criminal
Procedure, to make conforming changes.

SECTION 2.017. Amends Section 27, Article 42.18, Code of Criminal
Procedure, to make conforming and nonsubstantive changes.

SECTION 2.018. Amends Section 28, Article 42.18, Code of Criminal
Procedure, to make conforming changes.

SECTION 2.019. Amends Article 48.01, Code of Criminal Procedure,
to make conforming and nonsubstantive changes.

SECTION 2.020. Amends Section 614.002(c), Health and Safety Code,
to make conforming changes.

SECTION 2.021. Amends Section 3(b), Article 4413(51), V.T.C.S., to
delete the executive head of the institutional division, pardons
and paroles division, and CJAD from the interagency advisory
committee.

SECTION 2.022. Amends Section 5, Article 42.18, Code of Criminal
Procedure, to provide that the Board of Pardons and Paroles (BPP)
is subject to review under Chapter 325, Government Code, but is not
abolished under that chapter. Requires the BPP to be reviewed in
a timely manner to permit recommendation for necessary legislation
to be made to the 75th Legislature, Regular Session, 1997.

SECTION 2.023. Effective date of Article 2: September 1, 1995.

ARTICLE 3

SECTION 3.001. Amends Sections 8(a)-(d), (f), (h), and (i),
Article 42.09, Code of Criminal Procedure, to make conforming
changes.

SECTION 3.002. (a) Amends Section 1, Article 42.11, Code of
Criminal Procedure, to provide that this Act may be cited as the
Uniform Act for Out-of-State Probationer and Parolee Supervision.

(b) Amends the heading of Article 42.11, Code of Criminal
Procedure, as follows:

Art. 42.11. 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 require the judge to allow the
defendant or the defendant's attorney to comment on a presentence
investigation or a postsentence report and introduce testimony or
other information alleging a factual inaccuracy in the
investigation or report. Make conforming and nonsubstantive
changes.

SECTION 3.004. Amends Section 14(a), Article 42.12, Code of
Criminal Procedure, to make a conforming change.

SECTION 3.005. Amends Section 14(b), Article 42.12, Code of
Criminal Procedure, to set forth the felony offenses which if
committed or attempted by a defendant prohibits a judge to impose
the condition of community supervision created under this section.

SECTION 3.006. Amends Section 15(h), Article 42.12, Code of
Criminal Procedure, to make conforming and nonsubstantive changes.

SECTION 3.007. Amends Section 16, Article 42.12, Code of Criminal
Procedure, to delete Subsections (c) and (e).

SECTION 3.008. Amends Section 22(a), Article 42.12, Code of
Criminal Procedure, to make conforming changes.

SECTION 3.009. Amends Section 1(b)(2), Article 42.13, Code of
Criminal Procedure, to redefine "community corrections facility."

SECTION 3.0091. Amends Section 2, Article 42.13, Code of Criminal
Procedure, by amending Subsections (a) and (c) and adding
Subsection (d), as follows:

(a) Requires the institutional division to propose and the
board to adopt rules establishing among other rules, minimum
standards for the operation of substance abuse facilities and
programs funded through the division.

(c) Deletes the requirement that the institutional division
consult with the Texas Commission on Alcohol and Drug Abuse
prior to adopting standards for the operation of substance
abuse facilities. Makes a conforming change.

(d) Requires the institution division to develop a screening
and assessment procedure for use in accordance with Section
14, Article 42.131 of this code. Requires the division to
determine if a single screening and assessment procedure may
be used in each program. Requires the division to identify
and approve procedures that may be used if the division
determines that a single procedure is not feasible.
SECTION 3.010. Amends Section 4, Article 42.13, Code of Criminal
Procedure, to authorize the CJAD to inspect and evaluate a
department or conduct audits of case management records, financial
records, and officer certification and training records of a
department at a reasonable time to determine compliance with CJAD's
rules and standards. Deletes Subsection (b).

SECTION 3.011. Amends Section 7(g), Article 42.13, Code of
Criminal Procedure, to authorize the CJAD to deny, revoke, or
suspend a certification or to reprimand an officer for a violation
of a standard adopted under this article. Makes a conforming
change.

SECTION 3.012. Amends Section 10, Article 42.13, Code of Criminal
Procedure, by amending Subsection (a) and adding Subsection (f), to
require CJAD annually to compute for each department for community
corrections program formula funding a percentage. Sets forth the
method of determining the percentage. Authorizes the board 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. Makes a conforming change.

SECTION 3.013. Amends Section 11(b), Article 42.13, Code of
Criminal Procedure, to require the board to provide for notice and
a hearing in cases in which CJAD proposes to take an action
authorized by this section, other than a refusal by CJAD to provide
discretionary grant funding or a reduction by CJAD of discretionary
grant funding during a funding cycle.
SECTION 3.0131. Amends Section 10, Article 42.13, Code of Criminal
Procedure, by amending Subsection (b), to make a conforming change.

SECTION 3.014. Amends Section 12, Article 42.131, Code of Criminal
Procedure, to provide that a department is obligated to make a good
faith effort to locate and notify a victim that an unclaimed
payment exists. Provides that the department satisfies the good
faith requirement under this subsection by sending to the victim by
certified mail on any one occasion during the period the defendant
is required to make payments a notice that the victim is entitled
to an unclaimed payment. Increases the expiration date for the
victim to claim the funds from the crime victims' compensation
fund, from four years to five. Makes conforming and nonsubstantive
changes.

SECTION 3.015. Amends Article 43.10, Code of Criminal Procedure,
to delete Subsection (b) and make conforming changes.

SECTION 3.016. Amends Section 217.001, Labor Code, by adding
Subdivision (4), to define "state jail division."

SECTION 3.0161. Amends Article 42.131, Code of Criminal Procedure,
by adding Section 14, as follows:

Sec. 14. (a) Authorizes a department to establish a
treatment alternative to incarceration program in each county
served by TDCJ according to standards adopted by the division.
Authorizes a department to enter into an interlocal
cooperation agreement with one or more other departments in
order to establish this program on a regional basis.

(b) Sets forth the requirements of the program.

(c) Requires a program administered under this section to
use a screening and assessment procedure developed or
approved by the institutional division.

(d) Requires a representative of TDCJ to meet with the
participating criminal justice and treatment agencies to
review the person's case and to determine if the person
should be referred for treatment after a person is screened
and assessed. Authorizes a person who is considered
appropriate for referral to be referred to a community-based
treatment in accordance with applicable law or any other
treatment program deemed appropriate. Authorizes a
magistrate to order a person to participate in a treatment
program recommended under this section as a condition of
bond or condition of pretrial release.

(e) Authorizes a department to contract for the provision
of treatment services. Authorizes the department to pay for
services only if other adequate public or private sources of
payment are not available. Requires a person to be
responsible for the payment of any treatment programs
recommended under this section if it is determined that a
person referred for treatment is able to pay for the costs
of treatment or if the person has insurance that will pay
for the treatment. Authorizes the payment to be made a
condition for receiving treatment if a person is able to pay
for treatment or if the person has insurance that will pay
for the treatment.

(f) Authorizes an employee of a department or treatment
provider either administering this program or providing
services under this section to exchange or otherwise
disclose information regarding the assessment, evaluation or
treatment of a person participating in this program to
certain persons.

SECTION 3.017. Amends Section 217.002, Labor Code, to make a
conforming change.

SECTION 3.018. Amends Section 217.005(a), Labor Code, to make
conforming changes.

SECTION 3.019. Amends Section 414.010, Government Code, as
follows:

Sec. 414.010. New heading: PAYMENT FROM DEFENDANT ON
COMMUNITY SUPERVISION. Makes conforming and nonsubstantive
changes.

SECTION 3.020. Repealer: (a) Section 13(e), Article 42.12,
Code of Criminal Procedure (DWI Community Supervision).

(b) Section 2.09(c), Article 42.121, Code of Criminal
Procedure (Texas Adult Probation Commission).

(d) Section 461.017, Health and Safety Code (Treatment
Alternative to Incarceration Program).

SECTION 3.021. Effective date: September 1, 1995.

ARTICLE 4

SECTION 4.001. Emergency clause.
Effective date: upon passage.