By Hightower H.B. No. 2162
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the efficient administration of the criminal justice
1-3 system.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1
1-6 SECTION 1.001. Section 491.001, Government Code, is amended
1-7 to read as follows:
1-8 Sec. 491.001. Definitions. (a) In this subtitle, except
1-9 for Chapter 511:
1-10 (1) "Board" means the Texas Board of Criminal Justice.
1-11 (2) "Community justice assistance division" means the
1-12 community justice assistance division of the department.
1-13 (3) "Department" means the Texas Department of
1-14 Criminal Justice.
1-15 (4) "Executive director" means the executive director
1-16 of the department.
1-17 (5) "Institutional division" means the institutional
1-18 division of the department.
1-19 (6) "Parole <Pardons and paroles> division" means the
1-20 parole <pardons and paroles> division of the department.
1-21 (7) "State jail division" means the state jail
1-22 division of the department.
1-23 (b) A reference in other law to:
1-24 (1) "Board of Pardons and Paroles" means:
2-1 (A) the Board of Pardons and Paroles in any
2-2 statute relating to a subject under the board's jurisdiction as
2-3 provided by Article 42.18, Code of Criminal Procedure; or
2-4 (B) the parole <pardons and paroles> division in
2-5 any statute relating to a subject under the division's jurisdiction
2-6 as provided by Article 42.18, Code of Criminal Procedure.
2-7 (2) "Probation department" or "adult probation
2-8 department" means a community supervision and corrections
2-9 department established under Article 42.131, Code of Criminal
2-10 Procedure.
2-11 (3) "Texas Adult Probation Commission" means the
2-12 community justice assistance division.
2-13 (4) "Texas Board of Corrections" means the board.
2-14 (5) "Texas Department of Corrections" means the
2-15 institutional division.
2-16 SECTION 1.002. Section 492.002(a), Government Code, is
2-17 amended to read as follows:
2-18 (a) The board is composed of nine members appointed by the
2-19 governor with the advice and consent of the senate. <The governor
2-20 may not appoint more than two members who reside in an area
2-21 encompassed by the same administrative judicial region, as
2-22 determined by Section 74.042.>
2-23 SECTION 1.003. Section 492.012, Government Code, is amended
2-24 to read as follows:
2-25 Sec. 492.012. Sunset Provision. The Texas Board of Criminal
2-26 Justice and the Texas Department of Criminal Justice are subject to
2-27 Chapter 325 (Texas Sunset Act). Unless continued in existence as
3-1 provided by that chapter, the board and the department are
3-2 abolished September 1, 1999 <1997>.
3-3 SECTION 1.004. Section 493.001, Government Code, is amended
3-4 to read as follows:
3-5 Sec. 493.001. DEPARTMENT MISSION <RESPONSIBILITIES>. The
3-6 mission of the department is to provide public safety, promote
3-7 positive change in offender behavior, and reintegrate offenders
3-8 into society <the state agency with primary responsibility for:>
3-9 <(1) the confinement, supervision, and rehabilitation
3-10 of felons;>
3-11 <(2) the development of a system of state and local
3-12 punishment, supervision, and rehabilitation programs and
3-13 facilities; and>
3-14 <(3) the reintegration of felons into society after
3-15 release from confinement>.
3-16 SECTION 1.005. Section 493.002(a), Government Code, is
3-17 amended to read as follows:
3-18 (a) The following divisions are within the department:
3-19 (1) the community justice assistance division;
3-20 (2) the institutional division;
3-21 (3) the parole <pardons and paroles> division; and
3-22 (4) the state jail division.
3-23 SECTION 1.006. (a) Section 493.003(b), Government Code, is
3-24 amended to read as follows:
3-25 (b) The chief justice of the Supreme Court of Texas and the
3-26 presiding judge of the Texas Court of Criminal Appeals shall each
3-27 appoint six members to serve as the judicial advisory council to
4-1 the community justice assistance division and the board. The
4-2 advisory council members serve staggered six-year terms, with the
4-3 terms of four of the members expiring September <February> 1 of
4-4 each odd-numbered year. In the event of a vacancy during a term,
4-5 the appointing authority for the member who vacated the office
4-6 shall appoint a replacement to fill the unexpired portion of the
4-7 term. The advisory council shall advise the director of the
4-8 community justice assistance division and the board on matters of
4-9 interest to the judiciary, and the director and the board shall
4-10 carefully consider the advice. Members of the advisory council are
4-11 not entitled to compensation but are entitled to reimbursement for
4-12 actual and necessary expenses in the conduct of their duties, as
4-13 provided by the General Appropriations Act.
4-14 (b) Notwithstanding Section 2.03(b), Chapter 988, Acts of
4-15 the 73rd Legislature, Regular Session, 1993, the terms of the
4-16 initial appointees to the judicial advisory council to the
4-17 community justice assistance division of the Texas Department of
4-18 Criminal Justice and the Texas Board of Criminal Justice expire
4-19 September 1, 1995, September 1, 1997, and September 1, 1999,
4-20 respectively. On expiration of those terms, the term of a member
4-21 is six years, as provided by Section 493.003, Government Code.
4-22 SECTION 1.007. Section 493.005, Government Code, is amended
4-23 to read as follows:
4-24 Sec. 493.005. PAROLE <Pardons and Paroles> Division. The
4-25 parole <pardons and paroles> division shall supervise and
4-26 reintegrate felons into society after release from confinement.
4-27 SECTION 1.008. Chapter 493, Government Code, is amended by
5-1 adding Section 493.0081 to read as follows:
5-2 Sec. 493.0081. OFFICE OF INTERNAL AUDITS. (a) The board
5-3 shall create within the department an office of internal audits.
5-4 The board shall employ a chief of the office of internal audits
5-5 based on recommendations from the executive director regarding
5-6 qualified candidates for the position. The employment of the chief
5-7 of the office of internal audits may be terminated only with the
5-8 approval of the board.
5-9 (b) The office of internal audits shall:
5-10 (1) conduct recurring financial and management audits;
5-11 (2) conduct internal audits to evaluate department
5-12 programs and the economy and efficiency of those programs; and
5-13 (3) recommend improvements in management and programs
5-14 on the basis of evaluations made under this subsection.
5-15 (c) The chief of the office of internal audits shall send
5-16 reports, audits, evaluations, and recommendations to the executive
5-17 director. The chief shall report directly to the board at least
5-18 once a year on:
5-19 (1) the activities of the office; and
5-20 (2) the response of the department to recommendations
5-21 made by the office.
5-22 (d) The chief shall report directly to the board on other
5-23 matters at the times required by board policy.
5-24 SECTION 1.0081. Chapter 493, Government Code, is amended by
5-25 adding Section 493.0061 to read as follows:
5-26 Sec. 493.0061. USE OR POSSESSION OF TOBACCO. (a) Except as
5-27 provided by Subsection (b), the executive director shall prohibit a
6-1 person in the custody of the department or an employee of the
6-2 department from using or possessing a tobacco product:
6-3 (1) in any office occupied by the department;
6-4 (2) on any property owned by the department;
6-5 (3) in any facility operated by the department; or
6-6 (4) in any motor vehicle used by the department for
6-7 business purposes.
6-8 (b) The executive director shall permit an employee of the
6-9 department or a family member of the employee to use or possess a
6-10 tobacco product in the employee's personal vehicle while on
6-11 property owned by the department or in lodging provided by the
6-12 department for the personal use of the employee and employee's
6-13 family, but only during a time in which there is no contact between
6-14 the employee or family member and a person in custody.
6-15 (c) The department shall adopt policies designed to ensure
6-16 compliance with this section.
6-17 (d) In this section, "tobacco product" means a cigar,
6-18 cigarette, chewing tobacco, pipe tobacco, or other similar product
6-19 containing tobacco prepared for personal use such as smoking,
6-20 chewing, or dipping.
6-21 SECTION 1.009. Section 493.009(f), Government Code, is
6-22 amended to read as follows:
6-23 (f)(1) The department shall adopt rules of conduct for
6-24 persons required to participate in the program under Section 14,
6-25 Article 42.12, Code of Criminal Procedure, or required to
6-26 participate in the program following modification of community
6-27 supervision <probation> or parole.
7-1 (2) If the qualified professional with primary
7-2 responsibility for treating a defendant and the individual in
7-3 charge of security in the facility in which the defendant is housed
7-4 jointly determine that the defendant is not complying with the
7-5 rules or is medically or psychologically unsuitable for the
7-6 program, they shall notify the department of that fact.
7-7 (3) The department, immediately on receiving notice,
7-8 shall request the sentencing court to reassume custody of the
7-9 defendant if the defendant was required to participate in the
7-10 program under Section 14, Article 42.12, Code of Criminal
7-11 Procedure, or required to participate in the program following
7-12 modification of community supervision <probation>. The court shall
7-13 reassume custody before the 12th day after the date on which the
7-14 department notifies the court. If the court revokes the
7-15 defendant's community supervision <probation>, the admission of the
7-16 defendant to the institutional division is an admission for which
7-17 the department must account in the scheduled admissions policy <the
7-18 county from which the defendant was sentenced is charged under the
7-19 allocation formula> established under Section 499.071.
7-20 (4) The department, immediately on receiving notice,
7-21 shall request the parole <pardons and paroles> division to reassume
7-22 custody of the defendant if the defendant was required to
7-23 participate in the program following modification of parole. The
7-24 parole <pardons and paroles> division shall immediately take action
7-25 in accordance with established policies and procedures of the Board
7-26 of Pardons and Paroles to remove the defendant from the program.
7-27 If a parole panel revokes the defendant's parole, the admission of
8-1 the defendant to the institutional division is an admission for
8-2 which the department must account in the scheduled admissions
8-3 policy <the county from which the defendant was sentenced is
8-4 charged under the allocation formula> established under Section
8-5 499.071.
8-6 (5) If the defendant was transferred to the facility
8-7 from a county jail under Subsection (l), the department shall
8-8 return the defendant to the county jail.
8-9 (6) A court's recommendation that a defendant be
8-10 placed in a program created under this section does not give the
8-11 court the power to hold the department or any officer or employee
8-12 of the department in contempt of court for failure to adhere to
8-13 that recommendation.
8-14 SECTION 1.010. Section 493.009, Government Code, is amended
8-15 by amending Subsections (c), (g), and (h), and by adding Subsection
8-16 (q) to read as follows:
8-17 (c) The program for persons required to participate in the
8-18 program under Section 14, Article 42.12, Code of Criminal
8-19 Procedure, must consist of treatment programs that do not exceed
8-20 <may vary in time from six months to> 12 months in duration. <The
8-21 department shall also establish and provide treatment programs for
8-22 persons in categories described by Subsections (g)(1)-(3) who are
8-23 housed in beds otherwise provided for persons required to
8-24 participate in the program under Section 14, Article 42.12, Code of
8-25 Criminal Procedure.>
8-26 (g) The department shall provide sufficient <12,000> beds
8-27 for the purpose of operating the program for persons required to
9-1 participate in the program under Section 14, Article 42.12, Code of
9-2 Criminal Procedure, as amended by Chapter 900, Acts of the 73rd
9-3 Legislature, Regular Session, 1993, except that the beds may also
9-4 be used to house the following categories of persons:
9-5 (1) persons transferred under Subchapter A, Chapter
9-6 499, Government Code, and Section 8(i), Article 42.18, Code of
9-7 Criminal Procedure;
9-8 (2) persons whose probation or parole has been
9-9 modified; <and>
9-10 (3) defendants confined in county jails awaiting
9-11 transfer to the institutional division; and
9-12 (4) inmates participating in the program described by
9-13 Section 501.0931.
9-14 (h) On and after the date persons are required under Section
9-15 14, Article 42.12, Code of Criminal Procedure, to participate in
9-16 the program established under this section, the department shall
9-17 give priority to housing those persons over the categories of
9-18 persons described by Subsections (g)(1)-(4)<(3)>.
9-19 (q) The department may limit the number of persons
9-20 participating in the program.
9-21 SECTION 1.011. Sections 493.009(m) and (n), Government Code,
9-22 are amended to read as follows:
9-23 (m) Notwithstanding any other provision of this section, the
9-24 department is authorized to provide substance abuse felony
9-25 punishment facilities, not to exceed 500 beds, for newly provided
9-26 alcohol and drug abuse beds exclusively for persons whose community
9-27 supervision <probation> or parole has been modified.
10-1 (n) Except as otherwise provided by this subsection, the
10-2 <The> department shall separate participants in the program created
10-3 under this section from inmates of the institutional division,
10-4 except at times determined necessary by the department for the
10-5 purpose of transportation or staging or for medical or security
10-6 reasons. The department may commingle participants in the program
10-7 created under this section with inmates in the program described by
10-8 Section 501.0931.
10-9 SECTION 1.0111. Section 493.010, Government Code, is amended
10-10 to read as follows:
10-11 Sec. 493.010. CONTRACTS FOR MISCELLANEOUS HOUSING. The
10-12 board, for the temporary or permanent housing of inmates, may enter
10-13 into leases or contract with:
10-14 (1) public or private jails <, subject to the
10-15 restrictions of Subchapter A, Chapter 495>; or
10-16 (2) operators of alternative housing facilities.
10-17 SECTION 1.012. Section 493.011, Government Code, is amended
10-18 to read as follows:
10-19 Sec. 493.011. Consultant Contracts for Prison Construction.
10-20 The board may not contract for construction-related consulting
10-21 services to the board with an individual or firm if that individual
10-22 or firm is also under contract with the department <institutional
10-23 division> to provide construction management services for prison
10-24 unit construction.
10-25 SECTION 1.013. Chapter 493, Government Code, is amended by
10-26 adding Section 493.015 to read as follows:
10-27 Sec. 493.015. CERTIFIED PEACE OFFICERS. The executive
11-1 director may appoint employees who are certified by the Commission
11-2 on Law Enforcement Officer Standards and Education as qualified to
11-3 be peace officers to serve under the direction of the executive
11-4 director and assist the executive director in performing the
11-5 enforcement duties of the department. An employee commissioned
11-6 under this section has all the powers, privileges, and immunities
11-7 of a peace officer in the performance of the employee's duties.
11-8 SECTION 1.014. Chapter 493, Government Code, is amended by
11-9 adding Section 493.016 to read as follows:
11-10 Sec. 493.016. INFORMATION OF PUBLIC INTEREST; COMPLAINTS.
11-11 (a) The department shall prepare information of public interest
11-12 describing the functions of the department and the procedures by
11-13 which complaints are filed with and resolved by the department.
11-14 The department shall make the information available to the general
11-15 public and appropriate state agencies.
11-16 (b) The department shall establish methods by which
11-17 interested persons are notified of the name, mailing address, and
11-18 telephone number of the department for the purpose of directing
11-19 complaints to the department.
11-20 (c) The department shall keep an information file about each
11-21 complaint filed with the department by a member of the general
11-22 public that relates to the operations of the department.
11-23 (d) If a written complaint is filed with the department by a
11-24 member of the general public that relates to the operations of the
11-25 department, the department, at least as frequently as quarterly and
11-26 until final disposition of the complaint, shall notify the
11-27 complainant of the status of the complaint unless the notice would
12-1 jeopardize an undercover investigation.
12-2 SECTION 1.015. Chapter 493, Government Code, is amended by
12-3 adding Section 493.017 to read as follows:
12-4 Sec. 493.017. SEAL OF DEPARTMENT. (a) The department shall
12-5 use an official seal to certify documents received by the
12-6 department under Sections 8(a) and (c), Article 42.09, Code of
12-7 Criminal Procedure.
12-8 (b) The official seal must contain an engraved, five-pointed
12-9 star in the center with the words "Texas Department of Criminal
12-10 Justice" around the margin.
12-11 SECTION 1.016. Section 494.001, Government Code, is amended
12-12 to read as follows:
12-13 Sec. 494.001. INSTITUTIONAL DIVISION MISSION. The mission
12-14 of the institutional division is to provide safe and appropriate
12-15 confinement, supervision, rehabilitation, and reintegration of
12-16 adult felons, and to effectively manage or administer correctional
12-17 facilities based on constitutional and statutory
12-18 standards <STATEMENT OF POLICY. It is the policy of this state to
12-19 manage the institutional division:>
12-20 <(1) in a manner consistent with the operation of a
12-21 modern prison system;>
12-22 <(2) in a manner that provides persons convicted of
12-23 violating the law and sentenced to the division with humane
12-24 treatment and with the opportunity, encouragement, and training
12-25 necessary for reformation; and>
12-26 <(3) with the intention of making the division
12-27 self-sustaining>.
13-1 SECTION 1.017. Section 494.002(a), Government Code, is
13-2 amended to read as follows:
13-3 (a) The director of the institutional division may adopt
13-4 policies <rules> governing the humane treatment, training,
13-5 education, rehabilitation, and discipline of inmates and may
13-6 arrange for the separation and classification of inmates according
13-7 to the inmates' sex, age, health, corrigibility, and type of
13-8 offense for which the inmate was sentenced to the institutional
13-9 division.
13-10 SECTION 1.018. Sections 494.003(a) and (b), Government Code,
13-11 are amended to read as follows:
13-12 (a) The department <director of the institutional division>
13-13 shall keep a correct and accurate account of each financial
13-14 transaction involving the institutional division, including the
13-15 receipt and disbursement of money by the division. The department
13-16 <director> shall keep an account of each institutional division
13-17 unit, industry, and farm, and for each person doing business with
13-18 the division.
13-19 (b) The director of the institutional division or a designee
13-20 of the director shall provide a receipt for all money received by
13-21 the institutional division.
13-22 SECTION 1.019. Section 494.012(a), Government Code, is
13-23 amended to read as follows:
13-24 (a) The <director of the> institutional division shall
13-25 evaluate the efficiency of the maintenance staff of each unit of
13-26 the division.
13-27 SECTION 1.020. Subchapter A, Chapter 495, Government Code,
14-1 is amended by adding Section 495.008 to read as follows:
14-2 Sec. 495.008. CONTRACT REVIEW. (a) To ensure that
14-3 contracts entered into by the department with private vendors for
14-4 the operation and management of correctional facilities are
14-5 cost-effective, the department shall review each contract that
14-6 expires during calendar year 1995 or any subsequent calendar year.
14-7 The department shall provide a copy of the review to the
14-8 Legislative Criminal Justice Board.
14-9 (b) The department shall complete the review required by
14-10 Subsection (a) and provide a copy of the review to the Legislative
14-11 Criminal Justice Board not later than August 30, 1995.
14-12 (c) This section expires January 1, 1997.
14-13 SECTION 1.021. Section 496.001, Government Code, is amended
14-14 to read as follows:
14-15 Sec. 496.001. Acquisition of Real Property. The board may
14-16 acquire real property through purchase, subject to specific
14-17 appropriative authority in the General Appropriations Act, or
14-18 through the acceptance of a gift, grant, or donation for a facility
14-19 <prison site>.
14-20 SECTION 1.022. Section 496.002(a), Government Code, is
14-21 amended to read as follows:
14-22 (a) The board has eminent domain authority to condemn and
14-23 acquire land if necessary to eliminate security hazards, protect
14-24 the life and property of citizens of this state, or improve the
14-25 efficiency, management, or operations of the department
14-26 <institutional division>.
14-27 SECTION 1.023. Subchapter A, Chapter 496, Government Code,
15-1 is amended by adding Section 496.0021 to read as follows:
15-2 Sec. 496.0021. SALE OF DEPARTMENT REAL PROPERTY. (a) The
15-3 board may sell state-owned real property under the board's
15-4 management and control at the real property's fair market value.
15-5 The General Land Office shall negotiate and close a transaction
15-6 under this section on behalf of the board using procedures under
15-7 Section 31.158(c), Natural Resources Code. Proceeds from the
15-8 transaction shall be deposited in the Texas capital trust fund.
15-9 (b) The board may authorize the sale of land directly to a
15-10 local government at fair market value without the requirement of a
15-11 sealed bid sale if the local government acquires the property for
15-12 use as a local correctional facility.
15-13 SECTION 1.024. Section 496.003, Government Code, is amended
15-14 to read as follows:
15-15 Sec. 496.003. LEASE OF <INSTITUTIONAL DIVISION> REAL
15-16 PROPERTY. (a) The board may lease state-owned real property under
15-17 the board's management and control at the real property's fair
15-18 market lease value. The initial period of a lease under this
15-19 section may not exceed 20 years. The lease may contain terms and
15-20 conditions determined by the board to be in the best interest of
15-21 the department <institutional division>. Neither a member of the
15-22 board nor a person related to a member within the second degree by
15-23 affinity or within the third degree by consanguinity, as determined
15-24 under Subchapter B, Chapter 573 <Article 5996h, Revised Statutes>,
15-25 may own an interest in an entity leasing real property under this
15-26 section.
15-27 (b) The department <institutional division> shall deposit in
16-1 the general revenue <special mineral> fund to the credit of a
16-2 special account <created by Section 34.017, Natural Resources
16-3 Code,> the proceeds of a lease entered into under this section,
16-4 after deducting expenses. The proceeds may be used only for the
16-5 payment of operating expenses of the department <are for the
16-6 exclusive use of the institutional division, as specified by
16-7 legislative appropriation>. Sections 403.094 and 403.095 do not
16-8 apply to the dedication of lease proceeds under this subsection.
16-9 (c) The department <board> shall notify taxing units
16-10 authorized to impose property taxes on land leased under this
16-11 section that the land has been leased. The department <board>
16-12 shall send a copy of the lease by first class mail, return receipt
16-13 requested, to each taxing unit in which the land is located. The
16-14 lessee is liable for property taxes imposed on land leased under
16-15 this section.
16-16 SECTION 1.025. Subchapter A, Chapter 496, Government Code,
16-17 is amended by adding Section 496.0031 to read as follows:
16-18 Sec. 496.0031. TRANSFER OF FACILITIES. (a) The department
16-19 may transfer a correctional facility to another agency of the
16-20 state, and the agency receiving the facility subsequently may
16-21 transfer the facility back to the department.
16-22 (b) A transfer under this section requires the agreement of
16-23 the board and the governing body of the agency receiving the
16-24 correctional facility or returning the correctional facility to the
16-25 department, both as to the identity of the facility to be
16-26 transferred and to the method of transfer.
16-27 (c) In this section, "transfer" means to convey title to,
17-1 lease, or otherwise convey the beneficial use of a correctional
17-2 facility and land appurtenant to the facility.
17-3 SECTION 1.026. Section 496.004, Government Code, is amended
17-4 to read as follows:
17-5 Sec. 496.004. Easements. (a) The board<, with the consent
17-6 of the attorney general and governor,> may grant or lease permanent
17-7 or temporary right-of-way easements on department land for:
17-8 (1) public highways, roads and streets, and ditches;
17-9 (2) electric lines and pipelines, including necessary
17-10 wires, pipes, poles, and other equipment used to transmit, convey,
17-11 or distribute water, electricity, gas, oil, or similar substances
17-12 or commodities;
17-13 (3) electrical substations; or
17-14 (4) the provision of utilities for the operation of
17-15 facilities of the department and roadways for access to facilities
17-16 of the department.
17-17 (b) The board may not grant or lease an easement unless the
17-18 board receives fair and adequate consideration. However, the board
17-19 may without consideration grant a state highway easement to the
17-20 State Department of Highways and Public Transportation, a roadway
17-21 easement to a county for connecting roads between state highways,
17-22 easements to utility providers for utilities to serve facilities of
17-23 the department, and roadway easements to a city or a county to
17-24 provide roadways for facilities of the department.
17-25 (c) A grant or lease must contain a full reservation of
17-26 minerals in and under the land. The board<, with the consent of the
17-27 attorney general and governor,> may impose other fair and
18-1 reasonable conditions, covenants, and provisions.
18-2 (d) The department <board> shall deposit money received from
18-3 a grant or lease of easements and money received from damages to
18-4 department land in the general revenue fund to the credit of a
18-5 special account <special mineral fund created by Section 34.017,
18-6 Natural Resources Code>. Money received under this section may be
18-7 used only for the payment of operating expenses of the department.
18-8 Sections 403.094 and 403.095 do not apply to the dedication of
18-9 money under this section.
18-10 SECTION 1.027. Section 496.005, Government Code, is amended
18-11 to read as follows:
18-12 Sec. 496.005. Tax Exemption. (a) Property associated with
18-13 a facility described by Subsection (b) is exempt from taxation
18-14 during the time the property is used exclusively for the purposes
18-15 of the department <institutional division>.
18-16 (b) This section applies to:
18-17 (1) land in Anderson County owned by the state for the
18-18 use and benefit of the institutional division that is subject to a
18-19 lease granted by the board and a sublease entered into by the
18-20 division and the <State Purchasing and> General Services
18-21 Commission, on which is located the correctional facility known as
18-22 the Mark W. Michael Unit of the Coffield Prison Farm; and
18-23 (2) a parcel of land in Anderson, Brazoria, Coryell,
18-24 Houston, Madison, or Walker County owned by the state for the use
18-25 and benefit of the institutional division that is subject to a
18-26 lease granted by the board and a sublease entered into by the
18-27 division and the <State Purchasing and> General Services
19-1 Commission, on which is located a trusty camp facility.
19-2 SECTION 1.028. Section 496.006, Government Code, is amended
19-3 to read as follows:
19-4 Sec. 496.006. Road Maintenance. (a) The department <board>
19-5 and the Texas Department of <State Highway and Public>
19-6 Transportation <Commission> may enter into and perform an agreement
19-7 or contract for the maintenance of a road in or adjacent to a
19-8 facility <unit> of the department <institutional division>.
19-9 (b) An agreement or contract entered into under this section
19-10 and payments made under the agreement or contract must conform with
19-11 the provisions of Chapter 771 <The Interagency Cooperation Act
19-12 (Article 4413(32), Vernon's Texas Civil Statutes)>.
19-13 SECTION 1.029. Section 496.007, Government Code, is amended
19-14 to read as follows:
19-15 Sec. 496.007. LOCATION OF NEW FACILITIES <UNITS>. <(a)> In
19-16 determining the location of a facility <unit> to be built, the
19-17 department <institutional division>, in evaluating the advantages
19-18 and disadvantages of the proposed location, shall consider whether
19-19 the proposed location is:
19-20 (1) close enough to a county with 100,000 or more
19-21 inhabitants to provide <enable the division and inmates to have>
19-22 access to services and other resources provided in such a county;
19-23 (2) cost-effective with respect to its proximity to
19-24 other facilities of <units in> the department <division>;
19-25 (3) close to an area that would facilitate release of
19-26 inmates or persons confined in state jail felony facilities to
19-27 their area of residence; and
20-1 (4) close to an area that provides adequate
20-2 educational opportunities and medical care.
20-3 <(b) The Criminal Justice Coordinating Council at least once
20-4 a year shall provide the institutional division with a list,
20-5 according to the best information available to the council, of
20-6 counties in this state with 100,000 or more inhabitants.>
20-7 SECTION 1.030. Sections 496.051(a) and (b), Government Code,
20-8 are amended to read as follows:
20-9 (a) The department <institutional division> shall comply
20-10 with any special purchasing procedures requiring competitive review
20-11 under the State Purchasing and General Services Act (Article 601b,
20-12 Vernon's Texas Civil Statutes).
20-13 (b) The board may authorize the executive director to adopt
20-14 policies <rules> allowing the institutional division to purchase
20-15 directly or at public auction livestock, agricultural commodities,
20-16 agricultural or industrial equipment, supplies, and raw materials
20-17 for agricultural or industrial production, breeding, consumption,
20-18 or resale, if the division determines that the purchase is
20-19 economically feasible and advantageous to the division. The State
20-20 Purchasing and General Services Act (Article 601b, Vernon's Texas
20-21 Civil Statutes) does not apply to purchases made under this
20-22 subsection. The institutional division shall notify the <State
20-23 Purchasing and> General Services Commission as soon as practicable
20-24 of a purchase made under this subsection and the purchase price.
20-25 SECTION 1.031. Section 496.0515, Government Code, is amended
20-26 to read as follows:
20-27 Sec. 496.0515. Hazardous Waste Management Contracts.
21-1 (a) The competitive bidding contract procedures established by
21-2 Article 3, State Purchasing and General Services Act (Article 601b,
21-3 Vernon's Texas Civil Statutes), do not apply to a contract awarded
21-4 by the department <institutional division> for:
21-5 (1) testing a solid waste or other substance to
21-6 determine whether the waste or other substance is a hazardous
21-7 waste; or
21-8 (2) the transport, storage, treatment, or disposal of
21-9 a hazardous waste.
21-10 (b) The department <institutional division> shall promulgate
21-11 procedures for the purpose of purchasing under Subsection (a). The
21-12 department <division> shall file copies of the procedures
21-13 promulgated under this subsection with the <State Purchasing and>
21-14 General Services Commission.
21-15 SECTION 1.032. Section 496.052(a), Government Code, is
21-16 amended to read as follows:
21-17 (a) The board may purchase insurance to protect the
21-18 department <institutional division> from loss due to the damage,
21-19 loss, theft, or destruction of department <division> aircraft.
21-20 SECTION 1.033. Section 496.101(a), Government Code, is
21-21 amended to read as follows:
21-22 (a) As funds are appropriated for that purpose, the
21-23 department shall establish for each facility <unit> of the
21-24 department <institutional division> an automated inventory and
21-25 maintenance system that interacts with the centralized computer
21-26 system of the department.
21-27 SECTION 1.0331. Section 497.001, Government Code, is amended
22-1 to read as follows:
22-2 Sec. 497.001. Prison Industries Office. The prison
22-3 industries office is an office in the department <institutional
22-4 division>. The office is under the control of the executive
22-5 director <of the institutional division>.
22-6 SECTION 1.0332. Section 497.002(b), Government Code, is
22-7 amended to read as follows:
22-8 (b) To implement the purposes of the office, the executive
22-9 director <of the institutional division> may establish and operate
22-10 a prison industries program at each correctional facility that the
22-11 executive director considers suitable for such a program.
22-12 SECTION 1.0333. Section 497.004, Government Code, is amended
22-13 to read as follows:
22-14 Sec. 497.004. Inmate Labor, Pay. (a) The executive
22-15 director <of the institutional division> shall use inmate labor in
22-16 the prison industries program to the greatest extent feasible and
22-17 shall develop and expand the prison industries program by pursuing
22-18 arrangements with business for the use of inmate labor.
22-19 (b) The board may develop and administer an incentive pay
22-20 scale for inmates <confined in the institutional division> who
22-21 participate in the prison industries program. The program may be
22-22 financed through contributions donated for this purpose by private
22-23 businesses contracting with the department <institutional
22-24 division>. The department <institutional division> shall apportion
22-25 pay earned by an inmate under this subchapter to the following
22-26 persons and entities, in amounts determined at the discretion of
22-27 the department <division>:
23-1 (1) persons to whom the inmate has been ordered by a
23-2 court to pay restitution;
23-3 (2) the inmate's family and dependents;
23-4 (3) the state, as reimbursement for the cost of the
23-5 inmate's confinement;
23-6 (4) the compensation to victims of crime fund, created
23-7 by Section 14, Crime Victims Compensation Act (Article 8309-1,
23-8 Vernon's Texas Civil Statutes); and
23-9 (5) the inmate's trust fund.
23-10 SECTION 1.0334. Section 497.005, Government Code, is amended
23-11 to read as follows:
23-12 Sec. 497.005. Proceeds From Prison Industries. Proceeds
23-13 received from the operation of a prison industries program shall be
23-14 deposited in the industrial revolving fund. The proceeds may be
23-15 used by the department <institutional division> for the
23-16 administration of this subchapter.
23-17 SECTION 1.0335. Section 497.006, Government Code, is amended
23-18 to read as follows:
23-19 Sec. 497.006. Contracts. To encourage the development and
23-20 expansion of the prison industries program, the prison industries
23-21 office may enter into necessary contracts related to the prison
23-22 industries program. With the approval of the board, the office may
23-23 enter into a contract with a private business to conduct a program
23-24 on or off property operated by the department <institutional
23-25 division>.
23-26 SECTION 1.0336. Section 497.008, Government Code, is amended
23-27 to read as follows:
24-1 Sec. 497.008. Lease of Land. To further the expansion and
24-2 development of the prison industries program, the department
24-3 <institutional division> may lease prison land to a private
24-4 business. A lease under this section may not exceed a term of 50
24-5 years. The business must lease the land at fair market value and
24-6 may construct or convert plant facilities on the land.
24-7 SECTION 1.0337. Section 497.009, Government Code, is amended
24-8 to read as follows:
24-9 Sec. 497.009. Certification for Franchise Tax Credit. The
24-10 department <institutional division> or the prison industries office
24-11 on behalf of the department <institutional division> shall prepare
24-12 and issue a certification that a corporation requires to establish
24-13 eligibility for the franchise tax credit for wages paid to inmates
24-14 or employees who were inmates under Subchapter L, Chapter 171, Tax
24-15 Code.
24-16 SECTION 1.0338. Section 497.010, Government Code, is amended
24-17 to read as follows:
24-18 Sec. 497.010. Compliance. The prison industries office may
24-19 enter into a contract with a private business under Section 497.006
24-20 only if the contract specifies that the prison industries office
24-21 and the private business will comply with the Private Sector/Prison
24-22 Industry Enhancement Certification Program operated by the Bureau
24-23 of Justice Assistance and authorized by 18 U.S.C. Section 1761 <42
24-24 U.S.C. Section 3701 et seq>.
24-25 SECTION 1.034. Section 497.034(c), Government Code, is
24-26 amended to read as follows:
24-27 (c) The institutional division may use surplus agricultural
25-1 lands to provide agricultural products to a nonprofit organization
25-2 at no profit to the division <Article 9, State Purchasing and
25-3 General Services Act (Article 601b, Vernon's Texas Civil Statutes),
25-4 applies to property described by Subsection (a)>.
25-5 SECTION 1.035. Section 497.035(a), Government Code, is
25-6 amended to read as follows:
25-7 (a) A person commits an offense if the person intentionally
25-8 sells or offers to sell on the open market in this state an article
25-9 or product the person knows was manufactured in whole or in part by
25-10 an inmate of the institutional division or an inmate in a
25-11 correctional facility in any other state, other than an inmate:
25-12 (1) who was on community supervision, <probation or>
25-13 parole, or mandatory supervision;
25-14 (2) <or> employed by an enterprise who has employed
25-15 the inmate to advantage themselves of the Franchise Tax Credit
25-16 offered under Subchapter L, Chapter 171, Tax Code, at the time of
25-17 manufacture; or
25-18 (3) participating in a federally certified prison
25-19 industry enhancement program.
25-20 SECTION 1.036. Section 497.051, Government Code, is amended
25-21 to read as follows:
25-22 Sec. 497.051. WORK PROGRAM PLAN. (a) The department shall
25-23 establish policies for the administration of a conditional work
25-24 program. The policies must include a work program contract that
25-25 includes an agreement by the resident to contribute from the wages
25-26 received by the resident for the resident's participation in
25-27 private industry employment a percentage of the wages, in
26-1 accordance with rules adopted by the board to comply with the
26-2 federal prison enhancement certification program established under
26-3 18 U.S.C. Section 1761, and a percentage of the wages for:
26-4 (1) costs of supervision;
26-5 (2) restitution to the victim or victims of the
26-6 resident; and
26-7 (3) savings to be retained for the resident in a
26-8 designated account for the resident's benefit and receipt on
26-9 release.
26-10 (b) This subchapter does not restore in whole or in part the
26-11 civil rights of a work program resident.
26-12 (c) A work program resident employed under this subchapter
26-13 is not subject to workers' compensation laws, and the resident and
26-14 the resident's beneficiaries may not receive compensation under
26-15 those laws, except that a private industry may provide workers'
26-16 compensation benefits to a resident and a resident's beneficiaries
26-17 as necessary to certify a work program operated by the industry as
26-18 a work pilot project described in 18 U.S.C. Section 1761.
26-19 <DEFINITIONS. In this subchapter:>
26-20 <(1) "Resident" means a person transferred to a secure
26-21 community residential facility under this subchapter.>
26-22 <(2) "Secure community residential facility" means a
26-23 monitored structured environment where a resident's interior and
26-24 exterior movements and activities can be supervised by specific
26-25 destination and time.>
26-26 <(3) "Work facility" means a secure community
26-27 residential facility to which residents may be transferred under
27-1 this subchapter.>
27-2 SECTION 1.037. Section 497.081(a), Government Code, is
27-3 amended to read as follows:
27-4 (a) For the purposes of this subchapter, only the
27-5 institutional division may appoint an inmate to serve as a trusty,
27-6 under policies <rules> adopted by the director of the institutional
27-7 division.
27-8 SECTION 1.038. Subchapter D, Chapter 497, Government Code,
27-9 is amended by adding Section 497.090 to read as follows:
27-10 Sec. 497.090. WORK REQUIRED. The department shall require
27-11 each inmate to work, to the extent that the inmate is physically
27-12 capable of working.
27-13 SECTION 1.039. Section 497.091, Government Code, is amended
27-14 to read as follows:
27-15 Sec. 497.091. Contracts for Inmate Labor. (a) In this
27-16 section:
27-17 (1) "Agency" has the meaning assigned that term by
27-18 Section 771.002 <2, The Interagency Cooperation Act (Article
27-19 4413(32), Vernon's Texas Civil Statutes)>.
27-20 (2) "Local government" has the meaning assigned that
27-21 term by Section 791.003 <3, The Interlocal Cooperation Act (Article
27-22 4413(32c), Vernon's Texas Civil Statutes)>.
27-23 (b) The department <institutional division> shall seek
27-24 contracts with agencies and local governments to provide inmate
27-25 labor to those agencies and governments.
27-26 (c) The department <institutional division> may not enter
27-27 into a contract with an agency under this section unless the
28-1 contract complies with Chapter 771 <The Interagency Cooperation Act
28-2 (Article 4413(32), Vernon's Texas Civil Statutes)> and may not
28-3 enter into a contract with a local government under this section
28-4 unless the contract complies with Chapter 791 <The Interlocal
28-5 Cooperation Act (Article 4413(32c), Vernon's Texas Civil
28-6 Statutes)>. A contract entered into under this section may provide
28-7 that the department <institutional division> be reimbursed for
28-8 expenses incurred by the division in providing inmate labor to the
28-9 agency or local government.
28-10 SECTION 1.040. Section 497.092(b), Government Code, is
28-11 amended to read as follows:
28-12 (b) An agreement or contract entered into under this section
28-13 and payments made under the agreement or contract must conform with
28-14 Chapter 771 <The Interagency Cooperation Act (Article 4413(32),
28-15 Vernon's Texas Civil Statutes)>.
28-16 SECTION 1.041. Section 497.094, Government Code, is amended
28-17 to read as follows:
28-18 Sec. 497.094. Job Training Programs. The department
28-19 <institutional division and the pardons and paroles division by
28-20 rule> shall <adopt a memorandum of understanding that establishes
28-21 the respective responsibility of the institutional division to>
28-22 implement job training programs for inmates confined in facilities
28-23 operated by the department and <of the pardons and paroles division
28-24 to> monitor the success of those programs. The department shall
28-25 collect <memorandum must establish a method by which the pardons
28-26 and paroles division provides the institutional division with>
28-27 information relating to the employment histories of inmates
29-1 released from the institutional division on parole and mandatory
29-2 supervision. <The institutional division shall coordinate the
29-3 development of the memorandum of understanding.>
29-4 SECTION 1.042. Section 497.096, Government Code, is amended
29-5 to read as follows:
29-6 Sec. 497.096. Liability Protections. An employee of the
29-7 Texas Department of Criminal Justice, sheriff, employee of a
29-8 sheriff's department, county commissioner, county employee, county
29-9 judge, employee of a community corrections and supervision
29-10 department, restitution center, or officer or employee of a
29-11 political subdivision other than a county is not liable for damages
29-12 arising from an act or failure to act in connection with community
29-13 service performed by an inmate imprisoned in a facility operated by
29-14 the department <pursuant to court order> or in connection with an
29-15 inmate or offender programmatic or nonprogrammatic activity,
29-16 including work, community service, educational, and treatment
29-17 activities, if the act or failure to act was not intentional,
29-18 wilfully or wantonly negligent, or performed with conscious
29-19 indifference or reckless disregard for the safety of others.
29-20 SECTION 1.043. Subchapter E, Chapter 497, Government Code,
29-21 is amended by adding Section 497.097 to read as follows:
29-22 Sec. 497.097. USE OF STATE JAIL FELONS. The department may
29-23 use the labor of defendants confined in a state jail felony
29-24 facility in any work or community service program or project
29-25 performed by the institutional division.
29-26 SECTION 1.044. Section 498.001(1), Government Code, is
29-27 amended to read as follows:
30-1 (1) "Inmate" means a person imprisoned <confined> by
30-2 order of a court <in the institutional division>, whether the
30-3 person is actually imprisoned <confined> in a facility operated by
30-4 or under contract with the institutional division <the institution>
30-5 or is under the supervision or custody of the parole <pardons and
30-6 paroles> division.
30-7 SECTION 1.045. Section 498.002, Government Code, is amended
30-8 to read as follows:
30-9 Sec. 498.002. Classification and Reclassification. The
30-10 department <institutional division> shall classify each inmate as
30-11 soon as practicable on the inmate's arrival at the institutional
30-12 division or a transfer facility and, subject to the requirements of
30-13 Section 498.005, shall reclassify the inmate as circumstances
30-14 warrant. Each inmate must be classified according to the inmate's
30-15 conduct, obedience, and industry<, and criminal history>. The
30-16 department <director of the institutional division> shall maintain
30-17 a record on each inmate showing each classification and
30-18 reclassification of the inmate with the date and reason for each
30-19 classification or reclassification. The department <institutional
30-20 division> may classify each inmate on the inmate's arrival at the
30-21 institutional division or a transfer facility in a time-earning
30-22 category that does not allow the inmate to earn more than 30 days'
30-23 good conduct time for each 30 days actually served.
30-24 SECTION 1.046. Section 498.003, Government Code, is amended
30-25 to read as follows:
30-26 Sec. 498.003. Accrual of Good Conduct Time. (a) Good
30-27 conduct time applies only to eligibility for parole or mandatory
31-1 supervision as provided by Section 8, Article 42.18, Code of
31-2 Criminal Procedure, and does not otherwise affect an inmate's term.
31-3 Good conduct time is a privilege and not a right. Regardless of
31-4 the classification of an inmate, the department <director of the
31-5 institutional division> may grant good conduct time to the inmate
31-6 only if the department <director> finds that the inmate is actively
31-7 engaged in an agricultural, vocational, or educational endeavor or
31-8 in an industrial program or other work program, unless the
31-9 department <director> finds that the inmate is not capable of
31-10 participating in such an endeavor.
31-11 (b) An inmate accrues good conduct time according to the
31-12 inmate's classification in amounts as follows:
31-13 (1) 20 days for each 30 days actually served while the
31-14 inmate is classified as a trusty, except that the department
31-15 <director of the institutional division> may award the inmate not
31-16 more than 10 extra days for each 30 days actually served;
31-17 (2) 20 days for each 30 days actually served while the
31-18 inmate is classified as a Class I inmate; and
31-19 (3) 10 days for each 30 days actually served while the
31-20 inmate is classified as a Class II inmate.
31-21 (c) An inmate may not accrue good conduct time during any
31-22 period the inmate is classified as a Class III inmate or is on
31-23 parole or under mandatory supervision.
31-24 (d) An inmate may accrue good conduct time, in an amount
31-25 determined by the department <director of the institutional
31-26 division> that does not exceed 15 days for each 30 days actually
31-27 served, for diligent participation in an industrial program or
32-1 other work program or for participation in an agricultural,
32-2 educational, or vocational program provided to inmates by the
32-3 department <institutional division>. For the purposes of this
32-4 subsection, the term "participation in an educational program"
32-5 includes the participation of the inmate as a tutor or a pupil in a
32-6 literacy program authorized by Section 501.005. The department
32-7 <institutional division> may not award good conduct time under this
32-8 subsection for participation in a literacy program unless the
32-9 department <division> determines that the inmate participated in
32-10 good faith and with diligence as a tutor or pupil.
32-11 (e) If a person is confined in a county jail <or a transfer
32-12 facility operated by the institutional division is transferred to
32-13 any other facility of the institutional division for confinement
32-14 purposes>, the department <director of the institutional division>
32-15 shall award good conduct time to the person up to an amount equal
32-16 to the amount earned by an inmate in the entry level time earning
32-17 class <that which the person could have accrued during the period
32-18 of confinement in the county jail or transfer facility if instead
32-19 the person had been imprisoned in the division during that period>.
32-20 The department <director of the institutional division> shall award
32-21 good conduct time to a defendant for diligent participation in a
32-22 voluntary work program operated by a sheriff under Article 43.101,
32-23 Code of Criminal Procedure, in the same manner as if the inmate had
32-24 diligently participated in an industrial program or other work
32-25 program provided to inmates by the department <institutional
32-26 division>. The sheriff of each county shall have attached a
32-27 certification of the number of days each inmate diligently
33-1 participated in the volunteer work program operated by the sheriff
33-2 under Article 43.101, Code of Criminal Procedure.
33-3 SECTION 1.047. Section 498.004, Government Code, is amended
33-4 to read as follows:
33-5 Sec. 498.004. Forfeiture and Restoration of Good Conduct
33-6 Time. (a) If, during the actual term of imprisonment of an inmate
33-7 in the institutional division or in a transfer facility, the inmate
33-8 commits an offense or violates a rule of the division, the
33-9 department <director of the institutional division> may forfeit all
33-10 or any part of the inmate's accrued good conduct time. The
33-11 department <director of the institutional division> may restore
33-12 good conduct time forfeited under this subsection subject to
33-13 policies established <rules adopted> by the institutional division.
33-14 (b) On the revocation of parole or mandatory supervision of
33-15 an inmate, the inmate forfeits all good conduct time previously
33-16 accrued. On return to the institutional division the inmate may
33-17 accrue new good conduct time for subsequent time served in the
33-18 division. The department <director of the institutional division>
33-19 may restore good conduct time forfeited on a revocation that does
33-20 not involve a new criminal conviction after the inmate has served
33-21 at least three months of good behavior in the institutional
33-22 division, subject to policies established <rules adopted> by the
33-23 division. <Not later than the 60th day after the date an inmate is
33-24 returned to the institutional division following a revocation of
33-25 parole or mandatory supervision, the pardons and paroles division
33-26 shall notify the director of the institutional division of the
33-27 grounds for revocation.>
34-1 SECTION 1.048. Section 498.005, Government Code, is amended
34-2 to read as follows:
34-3 Sec. 498.005. Annual Review of Classification; Restoration
34-4 of Good Time; Retroactive Award of Good Time. At least annually,
34-5 the board shall review the institutional division's policies
34-6 <rules> relating to restoration of good conduct time that has been
34-7 forfeited, the manner in which inmates are classified and
34-8 reclassified, and the manner in which additional good conduct time
34-9 is awarded retroactively to inmates who have been reclassified.
34-10 <The board shall consider in its review whether the inmate
34-11 overcrowding in the institutional division has decreased and
34-12 whether it is necessary for purposes of decreasing overcrowding to
34-13 classify inmates according to Section 498.002 to restore good
34-14 conduct time under Section 498.004, or to award additional good
34-15 conduct time retroactively to inmates who have been reclassified.
34-16 If the board determines that overcrowding has decreased and it is
34-17 not necessary to restore good conduct time or award additional good
34-18 conduct time, it shall direct the institutional division to
34-19 discontinue those practices.>
34-20 SECTION 1.049. Sections 499.001(1) and (3), Government Code,
34-21 are amended to read as follows:
34-22 (1) "Community residential facility" means a facility
34-23 <halfway house certified by and> under contract with the department
34-24 <pardons and paroles division> under Section 8(i), Article 42.18,
34-25 Code of Criminal Procedure, or another facility or residence
34-26 approved by the department <pardons and paroles division>.
34-27 (3) "Pre-parolee" means an eligible inmate of whom the
35-1 parole <pardons and paroles> division has assumed custody.
35-2 SECTION 1.050. Sections 499.002(a) and (b), Government Code,
35-3 are amended to read as follows:
35-4 (a) The parole <pardons and paroles> division may assume
35-5 custody of an eligible inmate not more than one year <180 days>
35-6 before the inmate's presumptive parole date or mandatory
35-7 supervision release date. The eligible inmate becomes a
35-8 pre-parolee on the date the parole <pardons and paroles> division
35-9 assumes custody, and the parole <pardons and paroles> division
35-10 immediately shall transfer the pre-parolee to a community
35-11 residential facility. Except as otherwise provided by this
35-12 subchapter, the pre-parolee may serve the remainder of the
35-13 pre-parolee's sentence before release on parole in the facility
35-14 designated by the parole <pardons and paroles> division.
35-15 (b) At the time of the transfer of the pre-parolee, the
35-16 parole <pardons and paroles> division shall designate a community
35-17 residential facility as the pre-parolee's assigned unit of
35-18 confinement.
35-19 SECTION 1.051. Section 499.0021, Government Code, is amended
35-20 to read as follows:
35-21 Sec. 499.0021. Transfer of revoked DEFENDANTS
35-22 <PROBATIONERS>. (a) An inmate is eligible for transfer under this
35-23 section if the inmate is confined in the institutional division or
35-24 a county jail following revocation of community supervision
35-25 <probation> on grounds other than the commission of a subsequent
35-26 felony offense.
35-27 (b) The parole <pardons and paroles> division may assume
36-1 custody of an inmate who is eligible for transfer under this
36-2 section not earlier than one year before the inmate's presumptive
36-3 parole date. The inmate becomes a pre-parolee on the date the
36-4 parole <pardons and paroles> division assumes custody, and the
36-5 parole <pardons and paroles> division immediately shall transfer
36-6 the pre-parolee to a facility under contract with the department
36-7 <division>, which may be a community residential facility, a
36-8 community corrections facility listed in Section 1(b), Article
36-9 42.13, Code of Criminal Procedure, or a county correctional
36-10 facility. A pre-parolee transferred under this section is
36-11 considered to be in the actual physical custody of the parole
36-12 <pardons and paroles> division.
36-13 (c) A pre-parolee transferred by the parole <pardons and
36-14 paroles> division to a facility under this section is subject to
36-15 the provisions of Sections 499.002(c), 499.004, and 499.005 in the
36-16 same manner as if the person were a pre-parolee who had been
36-17 transferred to a community residential facility under Section
36-18 499.002.
36-19 SECTION 1.052. Section 499.003, Government Code, is amended
36-20 to read as follows:
36-21 Sec. 499.003. Transfer From Jail or Other Correctional
36-22 Facility. (a) A person is eligible for transfer under this
36-23 section from a jail or correctional institution to a secure
36-24 community residential facility if:
36-25 (1) the person has been sentenced to a term of
36-26 confinement in the institutional division;
36-27 (2) the person has not been delivered to the custody
37-1 of the institutional division, but rather is confined in a jail in
37-2 this state, a federal correctional institution, or a jail or
37-3 correctional institution in another state; and
37-4 (3) a presumptive parole date or mandatory supervision
37-5 release date for the person has been established.
37-6 (b) The parole <pardons and paroles> division may authorize
37-7 the transfer of an eligible person from a jail in this state, a
37-8 federal correctional institution, or a jail or correctional
37-9 institution in another state to a secure community residential
37-10 facility designated by the <pardons and paroles> division not more
37-11 than one year <180 days> before the person's presumptive parole
37-12 date or mandatory supervision release date. A person transferred
37-13 under this section is considered to be in the actual physical
37-14 custody of the parole <pardons and paroles> division.
37-15 (c) A person transferred by the parole <pardons and paroles>
37-16 division to a secure community residential facility is subject to
37-17 the provisions of Sections 499.002(c), 499.004, and 499.005 in the
37-18 same manner as if the person is a pre-parolee who had been
37-19 transferred to a community residential facility under Section
37-20 499.002.
37-21 (d) The parole <pardons and paroles> division may request of
37-22 a sheriff that the sheriff forward to the parole <pardons and
37-23 paroles> division copies of any records possessed by the sheriff
37-24 that are relevant to the parole <pardons and paroles> division in
37-25 its determination as to whether to transfer a person from the
37-26 county jail to a secure community residential facility, and the
37-27 parole <pardons and paroles> division shall request the sheriff to
38-1 forward to the institutional division and to the parole <pardons
38-2 and paroles> division the information relating to the defendant the
38-3 sheriff would be required under Section 8, Article 42.09, Code of
38-4 Criminal Procedure, to deliver to the department <institutional
38-5 division> had the defendant been transferred to the institutional
38-6 division. The parole <pardons and paroles> division shall
38-7 determine whether the information forwarded by the sheriff contains
38-8 a thumbprint taken from the person in the manner provided by
38-9 Article 38.33, Code of Criminal Procedure, and, if not, the parole
38-10 <pardons and paroles> division shall obtain a thumbprint in the
38-11 manner provided by that article, and shall forward the thumbprint
38-12 to the institutional division for inclusion with the information
38-13 sent by the sheriff. The sheriff shall comply with a request from
38-14 the parole <pardons and paroles> division made under this
38-15 subsection.
38-16 SECTION 1.053. Section 499.004, Government Code, is amended
38-17 to read as follows:
38-18 Sec. 499.004. Rules; Supervision of Pre-Parolees. (a) The
38-19 department <Board of Pardons and Paroles> shall establish policies
38-20 <adopt rules> for the conduct of pre-parolees transferred under
38-21 this subchapter.
38-22 (b) On transfer, the pre-parolee is subject to supervision
38-23 by the parole <pardons and paroles> division and shall obey the
38-24 orders of the <Board of Pardons and Paroles and the pardons and
38-25 paroles> division.
38-26 (c) A facility director or designee of a facility director
38-27 <An officer assigned by the pardons and paroles division to
39-1 supervise a pre-parolee transferred under this subchapter must make
39-2 periodic written reports to the pardons and paroles division
39-3 concerning the pre-parolee's adjustment. The officer> shall
39-4 immediately report to the parole <pardons and paroles> division in
39-5 writing if the director or designee <officer> believes that a <the>
39-6 pre-parolee has violated the terms of the pre-parolee's transfer
39-7 agreement or the rules of the facility <and may include in the
39-8 report the officer's recommendation as to the disciplinary action
39-9 the pardons and paroles division should take in the case. The
39-10 officer may also recommend to a parole panel that it rescind or
39-11 revise the pre-parolee's presumptive parole date>. The parole
39-12 <pardons and paroles> division may require an agent of the <pardons
39-13 and paroles> division or the community residential facility to
39-14 conduct a hearing.
39-15 (d) If the parole <pardons and paroles> division has an
39-16 administrative need to deliver the pre-parolee to the custody of
39-17 the institutional division or if after a disciplinary hearing the
39-18 parole <pardons and paroles> division concurs that a violation has
39-19 occurred, the parole <pardons and paroles> division <with the
39-20 approval of the institutional division> may deliver the pre-parolee
39-21 to the actual custody of the institutional division and the
39-22 institutional division may assign the pre-parolee to a regular unit
39-23 of the institutional division. <If the officer reporting a
39-24 violation recommends a disciplinary action, the pardons and paroles
39-25 division shall follow the recommendation unless it determines that
39-26 another disciplinary action is more appropriate.> If the parole
39-27 division <officer> recommends rescission or revision of the
40-1 pre-parolee's presumptive parole date, a parole panel shall rescind
40-2 or revise the date unless it determines the action is
40-3 inappropriate.
40-4 (e) Before <During the period after> a pre-parolee is
40-5 transferred to a community residential facility under this section
40-6 <article> and before the pre-parolee is released on parole, the
40-7 department <pardons and paroles division> may award good conduct
40-8 time to the pre-parolee <earned by the pre-parolee during that
40-9 period> in the same amounts and in the same manner as the
40-10 department <director of the institutional division> awards good
40-11 conduct time to inmates <prisoners> in the institutional division
40-12 <department> under Chapter 498 <Section 498.003>.
40-13 SECTION 1.054. Section 499.005(a), Government Code, is
40-14 amended to read as follows:
40-15 (a) If a pre-parolee transferred under this subchapter
40-16 satisfactorily serves a term in a community residential facility
40-17 until the pre-parolee's presumptive parole date, the parole
40-18 division <Board of Pardons and Paroles> may transfer the
40-19 pre-parolee from pre-parole status to parole status and <the Board
40-20 of Pardons and Paroles may> issue the pre-parolee an appropriate
40-21 certificate of release to conditional freedom under Article 42.18,
40-22 Code of Criminal Procedure.
40-23 SECTION 1.055. Section 499.021(2), Government Code, is
40-24 amended to read as follows:
40-25 (2) "Intensive supervision parole" means a parole
40-26 supervision program established by the parole <pardons and paroles>
40-27 division under Section 24, Article 42.18, Code of Criminal
41-1 Procedure.
41-2 SECTION 1.056. Section 499.026(d), Government Code, is
41-3 amended to read as follows:
41-4 (d) Not later than the 10th day before the date on which a
41-5 parole panel proposes to release an inmate under this subchapter,
41-6 the department <pardons and paroles division> shall give notice of
41-7 the proposed release to the sheriff, the attorney representing the
41-8 state, and the district judge of the county in which the defendant
41-9 was convicted. If there was a change of venue in the case, the
41-10 department <pardons and paroles division> shall also notify the
41-11 sheriff, the attorney representing the state, and the district
41-12 judge of the county in which the prosecution was originated.
41-13 SECTION 1.057. Sections 499.027(b) and (c), Government Code,
41-14 are amended to read as follows:
41-15 (b) An inmate is not eligible under this subchapter to be
41-16 considered for release to intensive supervision parole if:
41-17 (1) the inmate is awaiting transfer to the
41-18 institutional division, or serving a sentence, for an offense for
41-19 which the judgment contains an affirmative finding under Section
41-20 3g(a)(2), Article 42.12, Code of Criminal Procedure;
41-21 (2) the inmate is awaiting transfer to the
41-22 institutional division, or serving a sentence, for an offense
41-23 listed in one of the following sections of the Penal Code:
41-24 (A) Section 19.02 (murder);
41-25 (B) Section 19.03 (capital murder);
41-26 (C) Section 19.04 (<voluntary> manslaughter);
41-27 (D) Section 20.03 (kidnapping);
42-1 (E) Section 20.04 (aggravated kidnapping);
42-2 (F) Section 21.11 (indecency with a child);
42-3 (G) Section 22.011 (sexual assault);
42-4 (H) Section 22.02 <22.021> (aggravated <sexual>
42-5 assault);
42-6 (I) Section 22.021 (aggravated sexual assault)
42-7 <22.03 (deadly assault on law enforcement or corrections officer or
42-8 court participant)>;
42-9 (J) Section 22.04 (injury to a child or an
42-10 elderly individual);
42-11 (K) Section 25.02 (prohibited sexual conduct
42-12 <incest>);
42-13 (L) <Section 25.06 (solicitation of a child);>
42-14 <(M)> Section 25.08 <25.11> (sale or purchase of
42-15 a child);
42-16 (M) <(N)> Section 28.02 (arson);
42-17 (N) <(O)> Section 29.02 (robbery);
42-18 (O) <(P)> Section 29.03 (aggravated robbery);
42-19 (P) <(Q)> Section 30.02 (burglary), if the
42-20 offense is punished as a first-degree felony under that section;
42-21 (Q) <(R)> Section 43.04 (aggravated promotion of
42-22 prostitution);
42-23 (R) <(S)> Section 43.05 (compelling
42-24 prostitution);
42-25 (S) <(T)> Section 43.24 (sale, distribution, or
42-26 display of harmful material to minor);
42-27 (T) <(U)> Section 43.25 (sexual performance by a
43-1 child);
43-2 (U) <(V)> Section 46.10 <46.11> (deadly weapon
43-3 in penal institution);
43-4 (V) <(W)> Section 15.01 (criminal attempt), if
43-5 the offense attempted is listed in this subsection;
43-6 (W) <(X)> Section 15.02 (criminal conspiracy),
43-7 if the offense that is the subject of the conspiracy is listed in
43-8 this subsection; or
43-9 (X) <(Y)> Section 15.03 (criminal solicitation),
43-10 if the offense solicited is listed in this subsection; or
43-11 (3) the inmate is awaiting transfer to the
43-12 institutional division, or serving a sentence, for an offense under
43-13 <listed in one of the following sections of> Chapter 481, Health
43-14 and Safety Code, punishable by a minimum term of imprisonment or a
43-15 maximum fine that is greater than the minimum term of imprisonment
43-16 or the maximum fine for a first degree felony <:>
43-17 <(A) Section 481.112(c), 481.113(c), or
43-18 481.114(c) (aggravated manufacture or delivery of a controlled
43-19 substance);>
43-20 <(B) Section 481.115(c), 481.116(c), 481.117(c),
43-21 or 481.118(c) (aggravated possession of a controlled substance);>
43-22 <(C) Section 481.120 (delivery of marihuana) if
43-23 the offense is punished under Subsection (b)(5) of that section;>
43-24 <(D) Section 481.120(c) (aggravated delivery of
43-25 marihuana); or>
43-26 <(E) Section 481.121(c) (aggravated possession
43-27 of marihuana)>.
44-1 (c) The department <institutional division> shall provide
44-2 each county with necessary assistance to enable the county to
44-3 identify inmates confined in the county jail who may be eligible
44-4 under this subchapter to be considered for release.
44-5 SECTION 1.058. Section 499.028, Government Code, is amended
44-6 to read as follows:
44-7 Sec. 499.028. FACILITIES EXPANSION AND IMPROVEMENT REPORT.
44-8 The department <institutional division> shall submit a facilities
44-9 expansion and improvement report to the governor and the
44-10 Legislative Budget Board not less than once every 60 days. The
44-11 report must describe all construction projects that will result in
44-12 the addition or removal of beds from department <the system>
44-13 capacity, the projected completion dates for each project, and the
44-14 number of beds that will be added to or removed from capacity on
44-15 completion of the construction projects.
44-16 SECTION 1.059. Section 499.052(a), Government Code, is
44-17 amended to read as follows:
44-18 (a) The institutional division shall establish a program to
44-19 confine persons who are required to serve not more than 90 days in
44-20 the institutional division as a condition of a sentence imposed
44-21 under Section 8, Article 42.12, Code of Criminal Procedure. The
44-22 <director of the> institutional division may limit the number of
44-23 persons participating in the program.
44-24 SECTION 1.060. Section 499.071, Government Code, is amended
44-25 to read as follows:
44-26 Sec. 499.071. SCHEDULED ADMISSIONS POLICY <ALLOCATION
44-27 FORMULA>. <(a)> The board shall adopt and enforce a scheduled
45-1 admissions policy that permits the institutional division to accept
45-2 inmates within 45 days of processing as required by Section
45-3 499.121(c). <an allocation formula that fairly and equitably
45-4 allocates to each county the number of institutional division
45-5 admissions allocated to the county until sufficient capacity is
45-6 available in the institutional division. In devising the formula,
45-7 the board shall consider relevant factors for each county served by
45-8 a department and shall assign weights to those factors as
45-9 determined appropriate by the board. The factors shall include but
45-10 are not limited to:>
45-11 <(1) the percentage of prison admissions for the
45-12 entire state that were used by the county in the preceding 12
45-13 months;>
45-14 <(2) the percentage of the state's violent index crime
45-15 that occurred in the county in the preceding 12 months;>
45-16 <(3) the percentage of the state's total index crime
45-17 that occurred in the county in the preceding 12 months;>
45-18 <(4) the percentage of the state's total arrests under
45-19 Chapter 481, Health and Safety Code, that occurred in the county in
45-20 the preceding 12 months;>
45-21 <(5) the percentage of the state's population residing
45-22 in the county;>
45-23 <(6) the percentage of the state's total unemployment
45-24 in the county; and>
45-25 <(7) the percentage of all defendants serving
45-26 sentences for felonies who were paroled from the institutional
45-27 division, a jail in this state, a federal correctional institution,
46-1 or a jail or correctional institution in another state in the
46-2 preceding 12 months and who were released to reside in the county.>
46-3 <(b) The board shall adopt and enforce an allocation formula
46-4 that fairly and equitably allocates community corrections program
46-5 funding to each community supervision and corrections department,
46-6 in the manner provided by Section 10(a)(3), Article 42.13, Code of
46-7 Criminal Procedure. In devising the formula, the board shall use
46-8 the factors listed in Subsection (a), but may assign different
46-9 weights to those factors than those used in developing the
46-10 admissions allocation formula. The board also may use factors not
46-11 listed in Subsection (a) in devising the formula under this
46-12 subsection.>
46-13 <(c) If the board is unable to obtain for a factor listed in
46-14 Subsection (a) information for the preceding 12-month period, the
46-15 board shall consider the most recent information available for that
46-16 factor.>
46-17 <(d) The board shall revise each formula annually.>
46-18 SECTION 1.061. Section 499.102(a), Government Code, is
46-19 amended to read as follows:
46-20 (a) The staff of the institutional division, on its own
46-21 initiative or as directed by the governor or the board, may
46-22 recommend to the administration of the institutional division that
46-23 the maximum capacity established under Section 499.101 for a unit
46-24 be increased if the staff determines through written findings that
46-25 the division can increase the maximum capacity and provide:
46-26 (1) proper inmate classification and housing within
46-27 the unit that is consistent with the classification system;
47-1 (2) housing flexibility to allow necessary repairs and
47-2 routine and preventive maintenance to be performed without
47-3 compromising the classification system;
47-4 (3) adequate space in dayrooms;
47-5 (4) all meals within a reasonable time, allowing each
47-6 inmate a reasonable time within which to eat;
47-7 (5) operable hygiene facilities that ensure the
47-8 availability of a sufficient number of fixtures to serve the inmate
47-9 population;
47-10 (6) adequate laundry services;
47-11 (7) sufficient staff to:
47-12 (A) meet operational and security needs;
47-13 (B) meet health care needs, including the needs
47-14 of inmates requiring psychiatric care, mentally retarded inmates,
47-15 and physically handicapped inmates;
47-16 (C) provide a safe environment for inmates and
47-17 staff; and
47-18 (D) provide adequate internal affairs
47-19 investigation and review;
47-20 (8) medical, dental, and psychiatric care adequate to
47-21 ensure:
47-22 (A) minimal delays in delivery of service from
47-23 the time sick call requests are made until the service is
47-24 performed;
47-25 (B) access to regional medical facilities;
47-26 (C) access to the institutional division
47-27 hospital at Galveston or contract facilities performing the same
48-1 services;
48-2 (D) access to specialty clinics; and
48-3 (E) a sufficient number of psychiatric inpatient
48-4 beds and sheltered beds for mentally retarded inmates;
48-5 (9) a fair disciplinary system that ensures due
48-6 process and is adequate to ensure safety and order in the unit;
48-7 (10) work, vocational, academic, and on-the-job
48-8 training programs that afford all eligible inmates with an
48-9 opportunity to learn job skills or work habits that can be applied
48-10 on release, appropriately staffed and of sufficient quality;
48-11 (11) a sufficient number and quality of
48-12 nonprogrammatic and recreational activities for all eligible
48-13 inmates who choose to participate;
48-14 (12) adequate assistance from persons trained in the
48-15 law or a law library with a collection containing necessary
48-16 materials and space adequate for inmates to use the law library for
48-17 study related to legal matters;
48-18 (13) adequate space and staffing to permit contact and
48-19 noncontact visitation of all eligible inmates;
48-20 (14) adequate maintenance programs to repair and
48-21 prevent breakdowns caused by increased use of facilities and
48-22 fixtures; and
48-23 (15) space and staff sufficient to provide all the
48-24 services and facilities required by this section.
48-25 SECTION 1.062. Section 499.110, Government Code, is amended
48-26 to read as follows:
48-27 Sec. 499.110. <Applicability of> Administrative Procedure
49-1 <and Texas Register> Act. Subchapter B, Chapter 2001, <The
49-2 Administrative Procedure and Texas Register Act (Article 6252-13a,
49-3 Vernon's Texas Civil Statutes)> applies to all reviews,
49-4 recommendations, and decisions made under Sections 499.102-499.109.
49-5 SECTION 1.063. Section 499.154, Government Code, is amended
49-6 to read as follows:
49-7 Sec. 499.154. Custody Status; Good Conduct Time. An inmate
49-8 described by Section 499.152 confined in a transfer facility
49-9 authorized by this subchapter earns good conduct time in the same
49-10 manner and subject to the same rules as if the inmate were confined
49-11 in <a county jail awaiting transfer to> the institutional division.
49-12 SECTION 1.064. Section 499.155(a), Government Code, is
49-13 amended to read as follows:
49-14 (a) Except as provided by Subsection (b), the institutional
49-15 division may not confine an inmate described by Section 499.152 in
49-16 a transfer facility authorized by this subchapter for a period that
49-17 exceeds the maximum period for which a state jail felon may be
49-18 confined in a state jail felony facility under Section 12.35, Penal
49-19 Code <12 months>.
49-20 SECTION 1.065. Section 500.001, Government Code, is amended
49-21 to read as follows:
49-22 Sec. 500.001. Supervisory or Disciplinary Authority of
49-23 Inmates. (a) An inmate housed in a facility operated by the
49-24 department or under contract with the department <the custody of
49-25 the institutional division> may not act in a supervisory or
49-26 administrative capacity over another inmate.
49-27 (b) An inmate housed in a facility operated by the
50-1 department or under contract with the department <the custody of
50-2 the institutional division> may not administer disciplinary action
50-3 over another inmate.
50-4 SECTION 1.066. Section 500.002, Government Code, is amended
50-5 to read as follows:
50-6 Sec. 500.002. Destruction of Property. (a) An inmate
50-7 housed in a facility operated by the department or under contract
50-8 with the department <of the institutional division> is liable for
50-9 the inmate's intentional damage to property belonging to the state.
50-10 If more than one inmate is involved in damage to property, each
50-11 inmate involved in the damage is jointly and severally liable.
50-12 (b) The department <institutional division> shall establish
50-13 a hearing procedure, giving consideration to the due process rights
50-14 of inmates, for the adjudication of claims for property damage
50-15 under this section <article>. Damages may be awarded to the
50-16 department <institutional division> only after a hearing and may
50-17 not exceed the value of the property damaged.
50-18 (c) If at a hearing it is determined that an inmate is
50-19 liable for property damage, the department <institutional division>
50-20 may seize the contents of inmate trust funds established for the
50-21 inmate under <Section 497.056 and> Section 501.014.
50-22 (d) An inmate, after exhausting all administrative remedies
50-23 provided by the grievance system developed under Section 501.008,
50-24 may appeal a final decision <ruling following a hearing> under this
50-25 section by filing a petition for judicial review <an appeal> in a
50-26 district court having jurisdiction in the county in which the
50-27 alleged damages occurred. On judicial review <appeal>, the
51-1 district court shall follow the rules governing judicial review of
51-2 contested cases under Subchapter G, Chapter 2001 <Section 19,
51-3 Administrative Procedure and Texas Register Act (Article 6252-13a,
51-4 Vernon's Texas Civil Statutes)>. Appeals may be taken from the
51-5 district court as in other civil cases.
51-6 (e) If an inmate fails to file a petition seeking judicial
51-7 review of <appeal> an adverse decision within 30 <60> days after
51-8 exhausting all administrative remedies <the date of a hearing under
51-9 Subsection (b)>, a district court may not review the final decision
51-10 <the inmate is barred from appealing the decision>.
51-11 SECTION 1.067. Section 500.003, Government Code, is amended
51-12 to read as follows:
51-13 Sec. 500.003. Gambling Prohibited. Gambling is not
51-14 permitted at any place in a facility operated by or under contract
51-15 with the department <the institutional division> where inmates are
51-16 housed or worked. An employee of the department who engages in
51-17 gambling or knowingly permits gambling at any place where inmates
51-18 are housed or worked is subject to immediate dismissal.
51-19 SECTION 1.068. Section 500.005, Government Code, is amended
51-20 to read as follows:
51-21 Sec. 500.005. Rewards on Escape. The director of the
51-22 institutional division, in compliance with <with the approval of
51-23 the> board policy, may offer a reward for the apprehension of an
51-24 escaped inmate. The director may determine the amount of the
51-25 reward and the manner in which the reward is to be paid.
51-26 SECTION 1.069. Section 500.006, Government Code, is amended
51-27 to read as follows:
52-1 Sec. 500.006. Transportation of Inmates. (a) The
52-2 department <director of the institutional division> shall establish
52-3 policies <adopt rules> to provide for the safe transfer of inmates
52-4 <from the counties in which inmates are sentenced to the
52-5 institutional division>. A sheriff may transport inmates to the
52-6 institutional division if the sheriff is able to perform the
52-7 service as economically as if the service were performed by the
52-8 division. The institutional division is responsible for the cost
52-9 of transportation of inmates to the division.
52-10 (b) An inmate may not be transported directly from a county
52-11 jail to an institutional division facility other than a designated
52-12 diagnostic unit or a transfer facility <farm>. <The institutional
52-13 division shall designate units as receiving stations and all
52-14 inmates must be initially transported to a receiving station. At
52-15 the receiving station:>
52-16 <(1) the institutional division shall determine what
52-17 type of labor the inmate may reasonably perform; and>
52-18 <(2) the director of the institutional division shall
52-19 require each inmate to make a statement containing:>
52-20 <(A) a brief history of the inmate's life that
52-21 states where the inmate has resided and other facts that describe
52-22 the inmate's past habits and character; and>
52-23 <(B) names and mailing addresses of the inmate's
52-24 immediate relatives.>
52-25 <(c) The director of the institutional division shall
52-26 attempt to verify or disprove the accuracy of the statement if
52-27 practicable.>
53-1 <(d) The director of the institutional division shall retain
53-2 the statement.>
53-3 SECTION 1.070. Section 501.002, Government Code, is amended
53-4 to read as follows:
53-5 Sec. 501.002. Assault by Employee on Inmate. If an employee
53-6 of the department <institutional division> commits an assault on an
53-7 inmate housed in a facility operated by or under contract with the
53-8 department, the executive director <of the institutional division>
53-9 shall file a complaint with the proper official of the county in
53-10 which the offense occurred. If an employee is charged with an
53-11 assault described by this section, an inmate or person who was an
53-12 inmate at the time of the alleged offense may testify in a
53-13 prosecution of the offense.
53-14 SECTION 1.071. Section 501.003, Government Code, is amended
53-15 to read as follows:
53-16 Sec. 501.003. Food. The department <director of the
53-17 institutional division> shall ensure that inmates housed in
53-18 facilities operated by the department are fed good and wholesome
53-19 food, prepared under sanitary conditions, and provided in
53-20 sufficient quantity and reasonable variety. The department
53-21 <director of the institutional division> shall hold employees
53-22 charged with preparing food for inmates strictly to account for a
53-23 failure to carry out this section. The department <director of the
53-24 institutional division> shall provide for the training of inmates
53-25 as cooks so that food for inmates may be properly prepared.
53-26 SECTION 1.072. Section 501.004, Government Code, is amended
53-27 to read as follows:
54-1 Sec. 501.004. Clothing. The department <institutional
54-2 division> shall provide to inmates housed in facilities operated by
54-3 the department suitable clothing that is of substantial material,
54-4 uniform make, and reasonable fit and footwear that is substantial
54-5 and comfortable. The department <institutional division> may not
54-6 allow an inmate to wear clothing that is not furnished by the
54-7 department <division>, except as a reward for meritorious conduct.
54-8 The department <director of the institutional division> may allow
54-9 inmates to wear underwear not furnished by the department
54-10 <institutional division>.
54-11 SECTION 1.073. Section 501.005, Government Code, is amended
54-12 to read as follows:
54-13 Sec. 501.005. Literacy Programs. (a) The institutional
54-14 division shall establish a program to teach reading to functionally
54-15 illiterate inmates housed in facilities operated by the division.
54-16 The institutional division shall allow an inmate who is capable of
54-17 serving as a tutor to tutor functionally illiterate inmates and
54-18 shall actively encourage volunteer organizations to aid in the
54-19 tutoring of inmates. The institutional division, the inmate to be
54-20 tutored, and the person who tutors the inmate jointly shall
54-21 establish reading goals for the inmate to be tutored. A person who
54-22 acts as a tutor may only function as a teacher and advisor to an
54-23 inmate and may not exercise supervisory authority or control over
54-24 the inmate.
54-25 (b) The institutional division shall require illiterate
54-26 inmates housed in facilities operated by the division to receive
54-27 not less than five or more than eight hours a week of reading
55-1 instruction.
55-2 (c) The institutional division shall identify functionally
55-3 illiterate inmates housed in facilities operated by the division
55-4 and shall inform the parole <pardons and paroles> division if it
55-5 determines that an inmate who is to be released to the supervision
55-6 of the parole <pardons and paroles> division is in need of
55-7 continuing education after release from the institutional division.
55-8 SECTION 1.074. Section 501.006, Government Code, is amended
55-9 to read as follows:
55-10 Sec. 501.006. EMERGENCY ABSENCE <TEMPORARY FURLOUGHS>.
55-11 (a) The institutional division may grant an emergency absence
55-12 under escort <a medical furlough> to an inmate so that the inmate
55-13 may:
55-14 (1) obtain a medical diagnosis or medical treatment;
55-15 (2) obtain <. The institutional division may impose
55-16 security conditions determined by the board to be necessary and
55-17 proper on an inmate during the inmate's furlough.>
55-18 <(b) The institutional division may grant a mental health or
55-19 mental retardation furlough so that an inmate may be transferred to
55-20 a Texas Department of Mental Health and Mental Retardation facility
55-21 for> treatment and supervision at a Texas Department of Mental
55-22 Health and Mental Retardation facility; or<.>
55-23 (3) <(c) The institutional division may grant a
55-24 temporary furlough of not more than seven days to an inmate
55-25 determined to be an acceptable security risk by the division. The
55-26 institutional division may grant a furlough under this subsection
55-27 so that the inmate may> attend a funeral or<,> visit a critically
56-1 ill relative<, or for any other reason determined appropriate by
56-2 the division>.
56-3 <(d) The institutional division may extend a temporary
56-4 furlough granted under Subsection (c) for not more than 10
56-5 additional days, if the division determines that circumstances
56-6 warrant the extension. The board may not grant more than two
56-7 furloughs to an inmate in one calendar year unless the Board of
56-8 Pardons and Paroles and the governor approve an additional furlough
56-9 for the inmate, in the same manner as the board and the governor
56-10 approve emergency reprieves.>
56-11 (b) <(e)> The institutional division shall adopt policies
56-12 <rules> for the administration of the emergency absence under
56-13 escort <temporary furlough> program <and the legislature intends
56-14 that furloughs be given. The rules must state that furloughs are
56-15 granted as the institutional division determines and are not given
56-16 in consideration of the county, region, or state to which an inmate
56-17 is to be furloughed.>
56-18 <(f) The institutional division shall notify the pardons and
56-19 paroles division if the institutional division grants a temporary
56-20 furlough under this section and shall notify the pardons and
56-21 paroles division of the inmate's return to the institutional
56-22 division>.
56-23 (c) <(g)> An inmate absent <furloughed> under this section
56-24 <and an inmate granted an emergency reprieve by the Board of
56-25 Pardons and Paroles and the governor> is considered to be in the
56-26 custody of the institutional division, and <even if> the inmate
56-27 must be <is not> under physical guard while absent <on furlough>.
57-1 <If an inmate described by this subsection does not return to the
57-2 institutional division at the time specified for the inmate's
57-3 return, the inmate is an escapee for the purposes of Section 38.07,
57-4 Penal Code.>
57-5 <(h) The state may not pay for the transportation of an
57-6 inmate on temporary furlough unless the inmate is under physical
57-7 guard during the furlough.>
57-8 <(i) The institutional division may not grant a furlough to
57-9 an inmate convicted of an offense under Section 42.07(a)(7), Penal
57-10 Code.>
57-11 SECTION 1.075. Section 501.007, Government Code, is amended
57-12 to read as follows:
57-13 Sec. 501.007. Inmate Claims for Lost or Damaged Property.
57-14 The department <institutional division> may pay from the
57-15 miscellaneous funds appropriated to the division claims made by
57-16 inmates housed in facilities operated by the department for
57-17 property lost or damaged by the division. The department
57-18 <institutional division> shall maintain a record of all
57-19 transactions made under this section and shall send a copy of that
57-20 record to the state auditor at least annually. The record must
57-21 show the amount of each claim paid, the identity of each claimant,
57-22 and the purpose for which each claim was made. The department
57-23 <institutional division> may not pay under this section more than
57-24 $500 on a claim.
57-25 SECTION 1.076. Section 501.009, Government Code, is amended
57-26 to read as follows:
57-27 Sec. 501.009. Volunteer Organizations. The department
58-1 <institutional division> shall actively encourage volunteer
58-2 organizations to provide the following programs for inmates housed
58-3 in facilities operated by <confined in> the department <division>:
58-4 (1) literacy and education programs;
58-5 (2) life skills programs;
58-6 (3) job skills programs;
58-7 (4) parent-training programs;
58-8 (5) drug and alcohol rehabilitation programs;
58-9 (6) support group programs;
58-10 (7) arts and crafts programs; and
58-11 (8) other programs determined by the department
58-12 <division> to aid inmates in the transition between confinement and
58-13 society and to reduce incidence of recidivism among inmates.
58-14 SECTION 1.077. Section 501.010, Government Code, is amended
58-15 to read as follows:
58-16 Sec. 501.010. Visitors. (a) The institutional division
58-17 shall allow the governor, members of the legislature, and members
58-18 of the executive and judicial branches to enter at proper hours any
58-19 part of a facility operated by the division where inmates are
58-20 housed or worked, for the purpose of observing the operations of
58-21 the division. A visitor described by this subsection may talk with
58-22 inmates away from institutional division employees.
58-23 (b) The institutional division shall have a uniform
58-24 visitation policy that allows eligible inmates housed in facilities
58-25 operated by <in> the division, other than state jails, to receive
58-26 visitors. The institutional division shall require each warden in
58-27 the division to:
59-1 (1) apply the policy in the unit under the warden's
59-2 control;
59-3 (2) prominently display copies of the policy in
59-4 locations in the unit that are accessible to inmates or visitors;
59-5 and
59-6 (3) if requested, provide visitors with copies of the
59-7 policy.
59-8 (c) At the end of each biennium, each warden in the
59-9 institutional division shall report to the director of the division
59-10 on the manner in which the policy has affected visitation at the
59-11 warden's unit during the preceding two years.
59-12 SECTION 1.078. Sections 501.011(a) and (h), Government Code,
59-13 are amended to read as follows:
59-14 (a) The Role of the Family in Reducing Recidivism Advisory
59-15 Committee to the institutional division of the Texas Department of
59-16 Criminal Justice and the Texas Youth Commission consists of a
59-17 representative of the institutional division, a representative of
59-18 the state jail division, a representative of the Texas Youth
59-19 Commission, a representative of the parole <pardons and paroles>
59-20 division, a representative of the attorney general's office, a
59-21 representative of the Community Services Division of the Texas
59-22 Youth Commission, two members appointed by the governor, two
59-23 members appointed by the lieutenant governor, and two members
59-24 appointed by the speaker of the Texas House of Representatives.
59-25 Each appointed member must be a citizen of the state and should
59-26 have a knowledge of corrections or juvenile justice issues. The
59-27 officer appointing the member shall give preference to appointees
60-1 who are or have been family members of inmates or juveniles
60-2 detained in Texas Youth Commission facilities.
60-3 (h) The advisory committee shall make studies of and make
60-4 recommendations to the department <institutional division> and to
60-5 the legislature relating to:
60-6 (1) visitation policies in facilities operated by the
60-7 department <institutional division>;
60-8 (2) the availability and effectiveness of
60-9 rehabilitation programs in facilities operated by the department
60-10 <institutional division>;
60-11 (3) the efficiency of educational and vocational
60-12 programs in facilities operated by the department <institutional
60-13 division>;
60-14 (4) special problems faced by inmates with children;
60-15 (5) the special needs of indigent inmates;
60-16 (6) policies and laws relating to the distribution of
60-17 release money to inmates; and
60-18 (7) other issues of special interest to families with
60-19 a relative housed in a facility operated by the department
60-20 <institutional division>.
60-21 SECTION 1.079. Section 501.012, Government Code, is amended
60-22 to read as follows:
60-23 Sec. 501.012. Family Liaison Officer. The director of the
60-24 institutional division shall designate one employee at each
60-25 facility operated by <unit in> the institutional division to serve
60-26 as family liaison officer for that facility <unit>. The family
60-27 liaison officer shall facilitate the maintenance of ties between
61-1 inmates and their families for the purpose of reducing recidivism.
61-2 Each family liaison officer shall:
61-3 (1) provide inmates' relatives with information about
61-4 the classification status, location, and health of inmates in the
61-5 facility <unit>;
61-6 (2) notify inmates about emergencies involving their
61-7 families and provide inmates with other necessary information
61-8 relating to their families; and
61-9 (3) assist inmates' relatives and other persons during
61-10 visits with inmates and aid those persons in resolving problems
61-11 that may affect permitted contact with inmates.
61-12 SECTION 1.080. Section 501.013, Government Code, is amended
61-13 to read as follows:
61-14 Sec. 501.013. Materials Used for Arts and Crafts. (a) The
61-15 institutional division may purchase materials to be used by inmates
61-16 housed in facilities operated by the division to produce arts and
61-17 crafts.
61-18 (b) The institutional division may allow an inmate housed in
61-19 a facility operated by the division who produces arts and crafts in
61-20 the division to sell those arts and crafts to the general public in
61-21 a manner determined by the division.
61-22 (c) If an inmate housed in a facility operated by the
61-23 division sells arts and crafts and the materials used in the
61-24 production of the arts and crafts were provided by the
61-25 <institutional> division, the proceeds of the sale go first to the
61-26 division to pay for the cost of the materials, and the remainder,
61-27 if any, goes to the inmate. The institutional division may not
62-1 purchase more than $30 of materials for any inmate unless the
62-2 inmate has repaid the division in full for previous purchases of
62-3 materials.
62-4 SECTION 1.081. Section 501.014, Government Code, is amended
62-5 to read as follows:
62-6 Sec. 501.014. Inmate Money. (a) The <director of the>
62-7 institutional division shall take possession of all money that an
62-8 inmate has on the inmate's person when the inmate arrives at a
62-9 facility operated by the institutional division and all money the
62-10 inmate receives at the department after arriving at a facility
62-11 operated by the division and shall credit the money to a trust fund
62-12 created for the inmate. The institutional division shall carefully
62-13 search an inmate when the inmate arrives at a facility operated by
62-14 the division. The <director of the> institutional division may
62-15 spend money from a trust fund on the written order of the inmate in
62-16 whose name the fund is established subject to restrictions on the
62-17 expenditure established by law or policy <rule>. The department
62-18 shall ensure that each facility operated by or under contract with
62-19 the department shall operate a trust fund system that complies with
62-20 this section.
62-21 (b) If an inmate with money in a trust fund established
62-22 under Subsection (a) dies while confined in a facility operated by
62-23 the institutional division or escapes or is discharged and does not
62-24 claim the money, the <director of the> institutional division shall
62-25 attempt to give notice of the fund to the discharged inmate or to
62-26 the beneficiary or nearest known relative of a deceased, escaped,
62-27 or discharged inmate. On the presentation of a claim to the money
63-1 by a person entitled to the notice, the <director of the>
63-2 institutional division shall pay the money to the claimant.
63-3 (c) If money is unclaimed two years after the <director of
63-4 the> institutional division gives or attempts to give notice under
63-5 Subsection (b), or two years after the date of the death of an
63-6 inmate whose beneficiary or nearest relative is unknown, the
63-7 director of the institutional division shall make an affidavit
63-8 stating that the money is unclaimed and send the affidavit and
63-9 money to the state treasurer.
63-10 (d) Money forfeited to the state treasurer under Subsection
63-11 (c) escheats to the state.
63-12 (e) On notification by a court, the <director of the>
63-13 institutional division shall withdraw from an inmate's trust fund
63-14 any amount the inmate is ordered to pay by order of the court for
63-15 child support, restitution, fines, and court costs. The
63-16 institutional division <director> shall make a payment under this
63-17 subsection as ordered by the court to either the court or the party
63-18 specified in the court order. The <director, the> institutional
63-19 division<,> and the department are not liable for withdrawing or
63-20 failing to withdraw money or making payments or failing to make
63-21 payments under this subsection. The institutional division
63-22 <director> shall make withdrawals and payments from an inmate's
63-23 trust fund under this subsection according to the following
63-24 schedule of priorities:
63-25 (1) as payment in full for all orders for child
63-26 support;
63-27 (2) as payment in full for all orders for restitution;
64-1 (3) as payment in full for all orders for fines; and
64-2 (4) as payment in full for all orders for court costs.
64-3 (f) The institutional division may place a hold on funds in
64-4 an inmate trust fund:
64-5 (1) to restore amounts withdrawn by the inmate against
64-6 uncollected funds;
64-7 (2) to correct accounting errors;
64-8 (3) to make restitution for wrongful withdrawals made
64-9 by an inmate from the trust fund of another inmate;
64-10 (4) to cover deposits until cleared;
64-11 (5) as directed by court order; or
64-12 (6) as part of an investigation by the department of
64-13 inmate conduct involving the use of trust funds or an investigation
64-14 in which activity in the trust fund is evidence.
64-15 SECTION 1.082. Sections 501.015(b) and (c), Government Code,
64-16 are amended to read as follows:
64-17 (b) When an inmate is released on parole, mandatory
64-18 supervision, or conditional pardon, the inmate is entitled to
64-19 receive $100 from the department and transportation at the expense
64-20 of the department to the location at which the inmate is required
64-21 to report to a parole officer by the department <pardons and
64-22 paroles division>. The inmate shall receive $50 on his release
64-23 from the institution and $50 on initially reporting to a parole
64-24 officer at the location at which the inmate is required to report
64-25 to a parole officer. If an inmate is released and is not required
64-26 by the department <pardons and paroles division> to report to a
64-27 parole officer or is authorized by the department <pardons and
65-1 paroles division> to report to a location outside this state, the
65-2 department shall provide the inmate with $100 and, at the expense
65-3 of the department, transportation to:
65-4 (1) the location of the inmate's residence, if the
65-5 residence is in this state; or
65-6 (2) a transit point determined appropriate by the
65-7 department, if the inmate's residence is outside this state or the
65-8 inmate is required by the department <pardons and paroles division>
65-9 to report to a location outside this state.
65-10 (c) The department <director of the institutional division>
65-11 may spend not more than $200 to defray the costs of transportation
65-12 or other expenses related to the burial of an inmate who dies while
65-13 confined in a facility operated by the institutional division.
65-14 SECTION 1.083. Section 501.016, Government Code, is amended
65-15 to read as follows:
65-16 Sec. 501.016. Discharge or Release Papers; Release Date.
65-17 (a) The department <director of the institutional division or the
65-18 director's executive assistant> shall prepare and provide an inmate
65-19 with the inmate's discharge or release papers when the inmate is
65-20 entitled to be discharged or to be released on parole, mandatory
65-21 supervision, or conditional pardon. The papers must be dated and
65-22 signed by the officer preparing the papers and bear the seal of the
65-23 department <board>. The papers must contain:
65-24 (1) the inmate's name;
65-25 (2) a statement of the offense or offenses for which
65-26 the inmate was sentenced;
65-27 (3) the date on which the defendant was sentenced and
66-1 the length of the sentence;
66-2 (4) the name of the county in which the inmate was
66-3 sentenced;
66-4 (5) the amount of calendar time the inmate actually
66-5 served;
66-6 (6) a statement of any trade learned by the inmate and
66-7 the inmate's proficiency at that trade; and
66-8 (7) the physical description of the inmate, as far as
66-9 practicable.
66-10 (b) If the release date of an inmate occurs on a Saturday,
66-11 Sunday, or legal holiday, the department <director of the
66-12 institutional division> may release the inmate on the preceding
66-13 workday.
66-14 SECTION 1.084. Section 501.017, Government Code, is amended
66-15 to read as follows:
66-16 Sec. 501.017. Cost of Confinement as Claim. (a) The
66-17 department <institutional division> may establish a claim and lien
66-18 against the estate of an inmate who dies while confined in a
66-19 facility operated by or under contract with the department
66-20 <division> for the cost to the department <division> of the
66-21 inmate's confinement.
66-22 (b) The department <institutional division> may not enforce
66-23 a claim or lien established under this section if the inmate has a
66-24 surviving spouse or a surviving dependent or disabled child.
66-25 (c) The department <institutional division> shall adopt
66-26 policies <rules> regarding recovery of the cost of confinement
66-27 through enforcement of claims or liens established under this
67-1 section. <The Criminal Justice Policy Council shall monitor the
67-2 activity of the institutional division in establishing and
67-3 enforcing claims or liens under this section. If the council
67-4 determines that the benefits obtained by the institutional division
67-5 do not exceed the costs to the division of establishing and
67-6 enforcing claims or liens, the council shall direct the division to
67-7 discontinue establishing claims and liens under this section.>
67-8 SECTION 1.085. Subchapter A, Chapter 501, Government Code,
67-9 is amended by adding Section 501.018 to read as follows:
67-10 Sec. 501.018. CHAPLAINCY SERVICES. (a) The department may
67-11 operate a chaplaincy service.
67-12 (b) The chaplaincy service shall be nondiscriminatory in its
67-13 treatment of the religious beliefs of inmates.
67-14 (c) No employee, contractor, or volunteer in the chaplaincy
67-15 service or in religious programs approved by the service shall
67-16 denigrate any religion practiced by any inmate, nor attempt to
67-17 change any inmate's religious affiliation without the consent of
67-18 the inmate.
67-19 (d) All chapels provided for religious observation shall be
67-20 nondenominational in design and decoration and shall be available
67-21 on a nondenominational basis.
67-22 (e) No inmate shall be required to attend or to participate
67-23 in any religious program or activity as a condition of receiving
67-24 food or other basic necessities. This shall not prohibit the
67-25 restriction of attendance at religious ceremonies to inmates who
67-26 practice the religion, even if food is part of those ceremonies, so
67-27 long as food is also available to inmates who do not participate in
68-1 the ceremony.
68-2 (f) If secure space is provided for the storage of religious
68-3 items at an individual prison unit, the space shall be available
68-4 for use by any chaplain providing services at that unit.
68-5 SECTION 1.086. Subchapter A, Chapter 501, Government Code,
68-6 is amended by adding Section 501.021 to read as follows:
68-7 Sec. 501.021. USE OF INMATES IN TRAINING PROHIBITED. The
68-8 department may not use an inmate in a program that trains dogs to
68-9 attack individuals without the inmate's permission.
68-10 SECTION 1.087. Section 501.051, Government Code, is amended
68-11 to read as follows:
68-12 Sec. 501.051. Medical Facilities at University of Texas
68-13 Medical Branch. (a) The medical facility constructed by the
68-14 institutional division at The University of Texas Medical Branch at
68-15 Galveston shall be used as a teaching facility and be limited to
68-16 patients who are teaching patients, as long as the medical facility
68-17 is used for the treatment of department <division> patients. The
68-18 Board of Regents of The University of Texas System shall maintain
68-19 and operate the facility and provide professional staff services
68-20 necessary for the care of patients in the facility, except that the
68-21 department <institutional division> shall provide security at the
68-22 facility. The facility shall provide the same level of care as is
68-23 provided for patients in other facilities of The University of
68-24 Texas Medical Branch at Galveston.
68-25 (b) If the medical facility ceases to be used for department
68-26 <institutional division> patients, the facility shall revert to the
68-27 medical branch for its use and be operated under the exclusive
69-1 management and control of the Board of Regents of The University of
69-2 Texas System.
69-3 (c) The medical facility shall be operated with funds
69-4 appropriated for that purpose.
69-5 (d) The department <institutional division> shall establish
69-6 and maintain an overnight holding facility for inmate outpatients
69-7 at The University of Texas Medical Branch at Galveston.
69-8 (e) The department <institutional division> and The
69-9 University of Texas Medical Branch at Galveston shall by rule adopt
69-10 a memorandum of understanding that establishes the responsibilities
69-11 of the department <division> and the medical branch in maintaining
69-12 the department's <division's> medical facility, providing security,
69-13 and providing medical care. The memorandum must also establish a
69-14 joint peer review committee and a joint utilization review
69-15 committee. Each committee shall be composed of medical personnel
69-16 employed by the department <institutional division> and by the
69-17 medical branch. The joint peer review committee shall review all
69-18 case files to determine whether the quality of medical care
69-19 provided is adequate, according to accepted medical standards. The
69-20 joint utilization review committee shall review all case files to
69-21 determine whether treatment given is medically necessary under the
69-22 circumstances of each case, taking into account accepted medical
69-23 standards. The department <institutional division> shall
69-24 coordinate the development of the memorandum of understanding.
69-25 SECTION 1.088. Section 501.052, Government Code, is amended
69-26 to read as follows:
69-27 Sec. 501.052. Medical Residencies. The department
70-1 <institutional division> may establish a residency program or a
70-2 rotation program to employ or train physicians to treat inmates in
70-3 the department <division>.
70-4 SECTION 1.089. Section 501.053, Government Code, is amended
70-5 to read as follows:
70-6 Sec. 501.053. Reports of Physician Misconduct. (a) If the
70-7 department <institutional division> receives an allegation that a
70-8 physician employed or under contract with the department <division>
70-9 has committed an action that constitutes a ground for the denial or
70-10 revocation of the physician's license under Section 3.08, Medical
70-11 Practice Act (Article 4495b, Vernon's Texas Civil Statutes), the
70-12 department <division> shall report the information to the Texas
70-13 State Board of Medical Examiners in the manner provided by Section
70-14 4.02 of that Act.
70-15 (b) The department <institutional division> shall provide
70-16 the Texas State Board of Medical Examiners with a copy of any
70-17 report or finding relating to an investigation of an allegation
70-18 reported to the board.
70-19 SECTION 1.090. Section 501.054, Government Code, is amended
70-20 to read as follows:
70-21 Sec. 501.054. AIDS and HIV Education; Testing. (a) In this
70-22 section, "AIDS," "HIV," and "test result" have the meanings
70-23 assigned by Section 81.101, Health and Safety Code.
70-24 (b) The department <institutional division>, in consultation
70-25 with the Texas Department of Health, shall establish education
70-26 programs to educate inmates and employees of the department
70-27 <division> about AIDS and HIV. In establishing the programs for
71-1 inmates, the department <institutional division> shall design a
71-2 program that deals with issues related to AIDS and HIV that are
71-3 relevant to inmates while confined and a program that deals with
71-4 issues related to AIDS and HIV that will be relevant to inmates
71-5 after the inmates are released <from the division>. The department
71-6 <institutional division> shall design the programs to take into
71-7 account relevant cultural and other differences among inmates. The
71-8 department <institutional division> shall require each inmate in a
71-9 facility operated by the department <division> to participate in
71-10 education programs established under this subsection.
71-11 (c) The department <director of the institutional division>
71-12 shall require each employee of the department <division> to
71-13 participate in programs established under this section at least
71-14 once during each calendar year.
71-15 (d) The department <director of the institutional division>
71-16 shall ensure that education programs for employees include
71-17 information and training relating to infection control procedures.
71-18 The department <director> shall also ensure that employees have
71-19 infection control supplies and equipment readily available.
71-20 (e) The department <institutional division>, in consultation
71-21 with the Texas Department of Health, shall periodically revise
71-22 education programs established under this section so that the
71-23 programs reflect the latest medical information available on AIDS
71-24 and HIV.
71-25 (f) The department <institutional division> shall adopt a
71-26 policy for handling persons with AIDS or HIV infection who are in
71-27 the <division's> custody of the department or under the
72-1 department's supervision. The policy must be substantially similar
72-2 to a model policy developed by the Texas Department of Health under
72-3 Subchapter G, Chapter 85, Health and Safety Code <Article 4419b-3,
72-4 Revised Statutes>.
72-5 (g) The department <institutional division> shall maintain
72-6 the confidentiality of test results of an inmate indicating HIV
72-7 infection after the inmate's discharge, release from a state jail,
72-8 or release on parole or mandatory supervision and may not honor the
72-9 request of an agency of the state or any person who requests a test
72-10 result as a condition of housing or supervising the inmate while
72-11 the inmate is on community supervision or parole or mandatory
72-12 supervision, unless honoring the request would improve the ability
72-13 of the inmate to obtain essential health and social services.
72-14 (h) The department <institutional division> shall report to
72-15 the legislature not later than January 15 of each odd-numbered year
72-16 concerning the implementation of this section and the participation
72-17 of inmates and employees of the department <division> in education
72-18 programs established under this section.
72-19 (i) The institutional division may test an inmate confined
72-20 in a facility operated by the division for human immunodeficiency
72-21 virus. If the institutional division determines that an inmate has
72-22 a positive test result, the division may segregate the inmate from
72-23 other inmates.
72-24 SECTION 1.091. Section 501.055, Government Code, is amended
72-25 to read as follows:
72-26 Sec. 501.055. REPORT OF INMATE DEATH<; CRIMINAL PENALTY>.
72-27 (a) If an inmate dies while confined in a facility operated by or
73-1 under contract with the department <the custody of the
73-2 institutional division>, <the director of the institutional
73-3 division, or> an employee of the facility who is <division> in
73-4 charge of the inmate shall immediately notify the nearest justice
73-5 of the peace serving in the county in which the inmate died and the
73-6 office of internal affairs for the department. The justice shall
73-7 personally inspect the body and make an inquiry as to the cause of
73-8 death. The justice shall make written copies of evidence taken
73-9 during the inquest, and give one copy to the director and one copy
73-10 to a district judge serving in the county in which the inmate died.
73-11 The judge shall provide the copy to the grand jury and, if the
73-12 judge determines the evidence indicates wrongdoing, instruct the
73-13 grand jury to thoroughly investigate the cause of death.
73-14 (b) Subsection (a) does not apply if the inmate:
73-15 (1) dies of natural causes while attended by a
73-16 physician and an autopsy is scheduled to be performed; or
73-17 (2) is lawfully executed <An employee of the
73-18 institutional division commits an offense if the employee is in
73-19 charge of an inmate who dies and the employee fails to immediately
73-20 notify a justice of the peace of the death in the manner required
73-21 by Subsection (a).>
73-22 <(c) An offense under Subsection (b) is a misdemeanor
73-23 punishable by:>
73-24 <(1) a fine of not less than $100 or more than $500;
73-25 and>
73-26 <(2) confinement in jail for not less than 60 days or
73-27 more than one year>.
74-1 SECTION 1.092. Section 501.056, Government Code, is amended
74-2 to read as follows:
74-3 Sec. 501.056. Contract for Care of Mentally Ill and Mentally
74-4 Retarded Inmates. The department <institutional division> shall
74-5 contract with the Texas Department of Mental Health and Mental
74-6 Retardation for provision of Texas Department of Mental Health and
74-7 Mental Retardation facilities, treatment, and habilitation for
74-8 mentally ill and mentally retarded inmates in the custody of the
74-9 department <division>. The contract must provide:
74-10 (1) detailed characteristics of the mentally ill
74-11 inmate population and the mentally retarded inmate population to be
74-12 affected under the contract;
74-13 (2) for the respective responsibilities of the Texas
74-14 Department of Mental Health and Mental Retardation and the
74-15 department <institutional division> with regard to the care and
74-16 supervision of the affected inmates; and
74-17 (3) that the department <division> remains responsible
74-18 for security.
74-19 SECTION 1.093. Section 501.057, Government Code, is amended
74-20 to read as follows:
74-21 Sec. 501.057. Civil Commitment Before Parole. (a) The
74-22 department <institutional division and the pardons and paroles
74-23 division> shall establish a system to identify mentally ill inmates
74-24 who are nearing eligibility for release on parole.
74-25 (b) <The institutional division shall provide the pardons
74-26 and paroles division with the names of inmates determined by the
74-27 institutional division to be mentally ill.> Not later than the
75-1 30th day before the initial parole eligibility date of an inmate
75-2 identified as mentally ill, <the pardons and paroles division shall
75-3 notify the institutional division that the inmate is about to reach
75-4 the inmate's initial parole eligibility date. After receiving
75-5 notice under this subsection,> an institutional division
75-6 psychiatrist shall examine the inmate. The psychiatrist shall file
75-7 a sworn application for court-ordered temporary mental health
75-8 services under Chapter 574 <3>, <Texas Mental> Health and Safety
75-9 Code <(Article 5547-26 et seq., Vernon's Texas Civil Statutes)>, if
75-10 the psychiatrist determines that the inmate is mentally ill and as
75-11 a result of the illness the inmate meets at least one of the
75-12 criteria listed in Section 574.034 <50>, <Texas Mental> Health and
75-13 Safety Code <(Article 5547-50, Vernon's Texas Civil Statutes)>.
75-14 (c) The psychiatrist shall include with the application a
75-15 sworn certificate of medical examination for mental illness in the
75-16 form prescribed by Section 574.011 <33>, <Texas Mental> Health and
75-17 Safety Code <(Article 5547-33, Vernon's Texas Civil Statutes)>.
75-18 (d) The institutional division is liable for costs incurred
75-19 for a hearing under Chapter 574 <3>, <Texas Mental> Health and
75-20 Safety Code <(Article 5547-26 et seq., Vernon's Texas Civil
75-21 Statutes)>, that follows an application filed by a division
75-22 psychiatrist under this section.
75-23 SECTION 1.094. Sections 501.093(a) and (c), Government Code,
75-24 are amended to read as follows:
75-25 (a) The department <institutional division, the pardons and
75-26 paroles division>, the Texas Department of Mental Health and Mental
75-27 Retardation, and the Texas Commission on Alcohol and Drug Abuse
76-1 shall by rule adopt a memorandum of understanding that establishes
76-2 their respective responsibilities to establish a continuity of care
76-3 program for inmates with a history of drug or alcohol abuse.
76-4 (c) The memorandum of understanding must establish methods
76-5 for:
76-6 (1) identifying inmates with a history of drug or
76-7 alcohol abuse;
76-8 (2) notifying the parole <pardons and paroles>
76-9 division, the Texas Department of Mental Health and Mental
76-10 Retardation, and the commission as to when an inmate with a history
76-11 of drug or alcohol abuse is to be released and as to the inmate's
76-12 release destination;
76-13 (3) identifying the services needed by inmates with a
76-14 history of drug or alcohol abuse to reenter the community
76-15 successfully; and
76-16 (4) determining the manner in which each agency that
76-17 participates in the establishment of the memorandum can share
76-18 information about inmates and use that information to provide
76-19 continuity of care.
76-20 SECTION 1.095. Sections 501.095(a) and (c), Government Code,
76-21 are amended to read as follows:
76-22 (a) The department <institutional division, the pardons and
76-23 paroles division,> and the Texas Employment Commission shall by
76-24 rule adopt a memorandum of understanding that establishes their
76-25 respective responsibilities to establish a continuity of care
76-26 program for inmates with a history of chronic unemployment.
76-27 (c) The memorandum of understanding must establish methods
77-1 for:
77-2 (1) identifying inmates with a history of chronic
77-3 unemployment;
77-4 (2) notifying the parole <pardons and paroles>
77-5 division and the commission as to when an inmate with a history of
77-6 chronic unemployment is to be released and as to the inmate's
77-7 release destination;
77-8 (3) identifying the services needed by inmates with a
77-9 history of chronic unemployment to reenter the community
77-10 successfully; and
77-11 (4) determining the manner in which each agency that
77-12 participates in the establishment of the memorandum can share
77-13 information about inmates and use that information to provide
77-14 continuity of care.
77-15 SECTION 1.096. Section 501.096(d), Government Code, is
77-16 amended to read as follows:
77-17 (d) The department <institutional division and the pardons
77-18 and paroles division> shall determine <cooperate in determining>
77-19 the special needs of inmates who have served long terms of
77-20 confinement in the institutional division and shall identify and
77-21 develop community resources to meet those needs.
77-22 SECTION 1.097. Section 507.001, Government Code, is amended
77-23 to read as follows:
77-24 Sec. 507.001. Authority to Operate or Contract for State
77-25 Jail Felony Facilities. (a) The state jail division may operate,
77-26 maintain, and manage state jail felony facilities to confine
77-27 inmates described by Section 507.002, and the department <board>
78-1 may finance and construct those facilities. The state jail
78-2 division, with the approval of the board, may contract with the
78-3 institutional division, a private vendor, a community supervision
78-4 and corrections department, or the commissioners court of a county
78-5 for the construction, operation, maintenance, or management of a
78-6 state jail felony facility. The community justice assistance
78-7 division shall assist the state jail division to<, with the
78-8 approval of the board, may> contract with <or make a grant to> a
78-9 community supervision and corrections department for the
78-10 construction, operation, maintenance, or management of a state jail
78-11 felony facility. The state jail division shall consult with the
78-12 community justice assistance division before contracting with a
78-13 community supervision and corrections department under this
78-14 section. A community supervision and corrections department or the
78-15 commissioners court of a county that contracts <or receives a
78-16 grant> under this section may subcontract with a private vendor for
78-17 the provision of any or all services described by this subsection.
78-18 A community supervision and corrections department that contracts
78-19 <or receives a grant> under this section may subcontract with the
78-20 commissioners court of a county for the provision of any or all
78-21 services described by this subsection. The board may contract with
78-22 a private vendor or the commissioners court of a county for the
78-23 financing or construction of a state jail felony facility.
78-24 (b) The community justice assistance division<, after
78-25 consultation with the advisory committee on community supervision
78-26 and corrections department management to the judicial advisory
78-27 council to the community justice assistance division,> shall assist
79-1 the state jail division in consulting with community supervision
79-2 and corrections departments to establish <adopt reasonable rules
79-3 and procedures establishing> minimum requirements for work programs
79-4 and programs of rehabilitation, education, and recreation in state
79-5 jail felony facilities <operated under contracts with or grants
79-6 from the community justice assistance division>. For each state
79-7 jail felony facility <operated by or for the state jail division>,
79-8 the state jail division shall consult with the community justice
79-9 assistance division, the Windham School District, <request the
79-10 assistance of> the community supervision and corrections
79-11 departments, and the community justice councils served by the
79-12 facility in developing work programs and programs of
79-13 rehabilitation, education, and recreation for defendants confined
79-14 in the facility. <In developing the programs, the state jail
79-15 division and the community justice assistance division shall
79-16 attempt to structure programs so that they are operated on a 90-day
79-17 cycle.>
79-18 (c) Services <The board shall ensure that a service>
79-19 described by Subsection (a) must be <is> provided in compliance
79-20 with standards established by the board<, whether the board, the
79-21 state jail division, or the community justice assistance division
79-22 provides the service or contracts with or makes a grant to an
79-23 entity listed in Subsection (a) for the provision of the service>.
79-24 Programs <The board shall ensure that a program> described by
79-25 Subsection (b) must be <is> provided in compliance with minimum
79-26 requirements established under Subsection (b)<, whether the state
79-27 jail division or the community justice assistance division provides
80-1 the service or contracts with or makes a grant to an entity listed
80-2 in Subsection (a) for the provision of the service>.
80-3 (d) A state jail felony facility authorized by this
80-4 subchapter may be located on private land or on land owned by the
80-5 federal government, the state, a community supervision and
80-6 corrections department, or a political subdivision of the state.
80-7 The board may accept land donated for that purpose.
80-8 (e) A commissioners court of a county or a community
80-9 supervision and corrections department may not enter into a
80-10 contract <or receive a grant> under this section unless:
80-11 (1) the commissioners court or department first
80-12 consults with the community justice council serving the county or
80-13 serving the department; and
80-14 (2) the most recent community justice plan for the
80-15 county or department served by the community justice council that
80-16 has been approved by the community justice assistance division
80-17 describes the contract <or grant>.
80-18 SECTION 1.0971. Section 507.006(a), Government Code, is
80-19 amended to read as follows:
80-20 (a) Notwithstanding any other provision of this subchapter,
80-21 the state jail division, with the approval of the board, may
80-22 designate one or more state jail felony facilities to house inmates
80-23 who are eligible for confinement in a transfer facility under
80-24 Section 499.152, but only if the designation does not deny
80-25 placement in a state jail felony facility of defendants required to
80-26 serve terms of confinement in a facility following conviction of
80-27 state jail felonies. The division, with the approval of the board,
81-1 may designate one or more state jail felony facilities to house
81-2 only inmates convicted of nonviolent crimes who are eligible for
81-3 confinement in a transfer facility under Section 499.152, but only
81-4 if the designation does not deny placement in a state jail felony
81-5 facility of defendants required to serve terms of confinement in a
81-6 facility following conviction of state jail felonies.
81-7 SECTION 1.098. Subchapter B, Chapter 507, Government Code,
81-8 is amended by adding Section 507.028 to read as follows:
81-9 Sec. 507.028. FURLOUGH PROGRAM. (a) The state jail
81-10 division may grant a furlough to a defendant so that the defendant
81-11 may:
81-12 (1) obtain a medical diagnosis or medical treatment;
81-13 (2) obtain treatment and supervision at a Texas
81-14 Department of Mental Health and Mental Retardation facility;
81-15 (3) attend a funeral or visit a critically ill
81-16 relative; or
81-17 (4) participate in any other activity that is
81-18 appropriate as determined by division policy.
81-19 (b) The state jail division shall adopt policies for the
81-20 administration of the furlough program.
81-21 (c) A defendant furloughed under this section is considered
81-22 to be in the custody of the state jail division, even if the
81-23 defendant is not under physical guard while furloughed.
81-24 SECTION 1.099. Subchapter B, Chapter 507, Government Code,
81-25 is amended by adding Section 507.029 to read as follows:
81-26 Sec. 507.029. USE OF INMATE LABOR. The department may use
81-27 the labor of inmates of the institutional division in any work or
82-1 community service program or project performed by the state jail
82-2 division.
82-3 SECTION 1.100. Subchapter B, Chapter 507, Government Code,
82-4 is amended by adding Section 507.030 to read as follows:
82-5 Sec. 507.030. VISITATION. (a) The state jail division
82-6 shall allow the governor, members of the legislature, and officials
82-7 of the executive and judicial branches to enter during business
82-8 hours any part of a facility operated by the division, for the
82-9 purpose of observing the operations of the division. A visitor
82-10 described by this subsection may talk with defendants away from
82-11 division employees.
82-12 (b) The state jail division shall establish a visitation
82-13 policy for persons confined in state jail felony facilities.
82-14 SECTION 1.101. Article 2.12, Code of Criminal Procedure, as
82-15 amended by Chapters 339, 695, and 912, Acts of the 73rd
82-16 Legislature, Regular Session, 1993, is amended to read as follows:
82-17 Art. 2.12. Who are peace officers. The following are peace
82-18 officers:
82-19 (1) sheriffs and their deputies;
82-20 (2) constables and deputy constables;
82-21 (3) marshals or police officers of an incorporated
82-22 city, town, or village;
82-23 (4) rangers and officers commissioned by the Public
82-24 Safety Commission and the Director of the Department of Public
82-25 Safety;
82-26 (5) investigators of the district attorneys', criminal
82-27 district attorneys', and county attorneys' offices;
83-1 (6) law enforcement agents of the Texas Alcoholic
83-2 Beverage Commission;
83-3 (7) each member of an arson investigating unit
83-4 commissioned by a city, a county, or the state;
83-5 (8) officers commissioned under Section 21.483,
83-6 Education Code, or Subchapter E, Chapter 51, Education Code;
83-7 (9) officers commissioned by the General Services
83-8 Commission;
83-9 (10) law enforcement officers commissioned by the
83-10 Parks and Wildlife Commission;
83-11 (11) airport police officers commissioned by a city
83-12 with a population of more than one million, according to the most
83-13 recent federal census, that operates an airport that serves
83-14 commercial air carriers;
83-15 (12) airport security personnel commissioned as peace
83-16 officers by the governing body of any political subdivision of this
83-17 state, other than a city described by Subdivision (11), that
83-18 operates an airport that serves commercial air carriers;
83-19 (13) municipal park and recreational patrolmen and
83-20 security officers;
83-21 (14) security officers commissioned as peace officers
83-22 by the State Treasurer;
83-23 (15) officers commissioned by a water control and
83-24 improvement district under Section 51.132, Water Code;
83-25 (16) officers commissioned by a board of trustees
83-26 under Chapter 341, Acts of the 57th Legislature, Regular Session,
83-27 1961 (Article 1187f, Vernon's Texas Civil Statutes);
84-1 (17) investigators commissioned by the Texas State
84-2 Board of Medical Examiners;
84-3 (18) officers commissioned by the board of managers of
84-4 the Dallas County Hospital District, the Tarrant County Hospital
84-5 District, or the Bexar County Hospital District under Section
84-6 281.057, Health and Safety Code;
84-7 (19) county park rangers commissioned under Subchapter
84-8 E, Chapter 351, Local Government Code;
84-9 (20) investigators employed by the Texas Racing
84-10 Commission;
84-11 (21) officers commissioned by the State Board of
84-12 Pharmacy;
84-13 (22) officers commissioned by the governing body of a
84-14 metropolitan rapid transit authority under Section 13, Chapter 141,
84-15 Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
84-16 Vernon's Texas Civil Statutes), or by a regional transportation
84-17 authority under Section 10, Chapter 683, Acts of the 66th
84-18 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
84-19 Civil Statutes);
84-20 (23) officers commissioned by the Texas High-Speed
84-21 Rail Authority;
84-22 (24) investigators commissioned by the attorney
84-23 general under Section 402.009, Government Code;
84-24 (25) security officers and investigators commissioned
84-25 as peace officers under Chapter 466, Government Code; <and>
84-26 (26) an officer employed by the Texas Department of
84-27 Health under Section 431.2471, Health and Safety Code; <.>
85-1 (27) <(26)> officers appointed by an appellate court
85-2 under Subchapter F, Chapter 53, Government Code; <.>
85-3 (28) <(26)> officers commissioned by the state fire
85-4 marshal under Chapter 417, Government Code; and
85-5 (29) officers employed by the Texas Department of
85-6 Criminal Justice and appointed by the executive director of the
85-7 department under Section 493.015, Government Code.
85-8 SECTION 1.102. (a) The chapter heading of Chapter 495,
85-9 Government Code, is amended to read as follows:
85-10 CHAPTER 495. <INSTITUTIONAL DIVISION:> CONTRACTS
85-11 FOR CORRECTIONAL FACILITIES AND SERVICES
85-12 (b) The chapter heading of Chapter 496, Government Code, is
85-13 amended to read as follows:
85-14 CHAPTER 496. <INSTITUTIONAL DIVISION:> LAND AND PROPERTY
85-15 (c) The subchapter heading of Subchapter A, Chapter 496,
85-16 Government Code, is amended to read as follows:
85-17 SUBCHAPTER A. <INSTITUTIONAL DIVISION> LAND
85-18 (d) The chapter heading of Chapter 497, Government Code, is
85-19 amended to read as follows:
85-20 CHAPTER 497. <INSTITUTIONAL DIVISION:> INDUSTRY
85-21 AND AGRICULTURE; LABOR OF INMATES
85-22 (e) The chapter heading of Chapter 499, Government Code, is
85-23 amended to read as follows:
85-24 CHAPTER 499. <INSTITUTIONAL DIVISION:> POPULATION
85-25 MANAGEMENT; SPECIAL PROGRAMS
85-26 (f) The chapter heading of Chapter 500, Government Code, is
85-27 amended to read as follows:
86-1 CHAPTER 500. <INSTITUTIONAL DIVISION:> MISCELLANEOUS
86-2 DISCIPLINARY MATTERS
86-3 (g) The chapter heading of Chapter 501, Government Code, is
86-4 amended to read as follows:
86-5 CHAPTER 501. <INSTITUTIONAL DIVISION:> INMATE WELFARE
86-6 SECTION 1.103. Section 38.01(2), Penal Code, is amended to
86-7 read as follows:
86-8 (2) "Escape" means unauthorized departure from custody
86-9 or failure to return to custody following temporary leave for a
86-10 specific purpose or limited period or leave that is part of an
86-11 intermittent sentence, but does not include a violation of
86-12 conditions of community supervision or parole other than conditions
86-13 that impose a period of confinement in a secure correctional
86-14 facility.
86-15 SECTION 1.104. Section 39.05, Penal Code, is amended to read
86-16 as follows:
86-17 Sec. 39.05. FAILURE TO REPORT DEATH OF PRISONER. (a) A
86-18 person commits an offense if the person is required to conduct an
86-19 investigation and file a report by Article 49.18, Code of Criminal
86-20 Procedure, and the person fails to investigate the death, fails to
86-21 file the report as required, or fails to include in a filed report
86-22 facts known or discovered in the investigation.
86-23 (b) A person commits an offense if the person is required by
86-24 Section 501.055, Government Code, to:
86-25 (1) give notice of the death of an inmate and the
86-26 person fails to give the notice; or
86-27 (2) conduct an investigation and file a report and the
87-1 person:
87-2 (A) fails to conduct the investigation or file
87-3 the report; or
87-4 (B) fails to include in the report facts known
87-5 to the person or discovered by the person in the investigation.
87-6 (c) An offense under this section is a Class B misdemeanor.
87-7 SECTION 1.105. Article 49.04(a), Code of Criminal Procedure,
87-8 is amended to read as follows:
87-9 (a) A justice of the peace shall conduct an inquest into the
87-10 death of a person who dies in the county served by the justice if:
87-11 (1) the person dies in prison under circumstances
87-12 other than those described by Section 501.055(b), Government Code,
87-13 or in jail;
87-14 (2) the person dies an unnatural death from a cause
87-15 other than a legal execution;
87-16 (3) the body of the person is found and the cause or
87-17 circumstances of death are unknown;
87-18 (4) the circumstances of the death indicate that the
87-19 death may have been caused by unlawful means;
87-20 (5) the person commits suicide or the circumstances of
87-21 the death indicate that the death may have been caused by suicide;
87-22 (6) the person dies without having been attended by a
87-23 physician;
87-24 (7) the person dies while attended by a physician who
87-25 is unable to certify the cause of death and who requests the
87-26 justice of the peace to conduct an inquest; or
87-27 (8) the person is a child who is younger than 18
88-1 months of age and the suspected cause of death is sudden infant
88-2 death syndrome.
88-3 SECTION 1.106. Article 49.18, Code of Criminal Procedure, is
88-4 amended by adding Subsection (c) to read as follows:
88-5 (c) This article does not apply to a death that occurs in a
88-6 facility operated by or under contract with the Texas Department of
88-7 Criminal Justice.
88-8 SECTION 1.107. Chapter 614, Health and Safety Code, is
88-9 amended by adding Section 614.017 to read as follows:
88-10 Sec. 614.017. EXCHANGE OF INFORMATION. (a) An agency
88-11 authorized by this chapter to provide continuity of care for a
88-12 special needs offender may:
88-13 (1) receive information relating to an offender
88-14 regardless of whether other state law makes that information
88-15 confidential, if the agency receives the information to further the
88-16 purposes of this chapter; or
88-17 (2) disclose information relating to an offender,
88-18 including information about the offender's identity, needs,
88-19 treatment, social, criminal, and vocational history, and medical
88-20 and mental health history, if the agency discloses the information
88-21 to further the purposes of this chapter.
88-22 (b) This section is not intended to conflict with a federal
88-23 law that restricts the disclosure of information described by
88-24 Subsection (a).
88-25 SECTION 1.108. Subchapter B, Chapter 101, Civil Practice and
88-26 Remedies Code, is amended by adding Section 101.029 to read as
88-27 follows:
89-1 Sec. 101.029. LIABILITY FOR CERTAIN CONDUCT OF STATE PRISON
89-2 INMATES. (a) The Department of Criminal Justice is liable for
89-3 property damage, personal injury, and death proximately caused by
89-4 the wrongful act or omission or the negligence of an inmate or
89-5 state jail defendant housed in a facility operated by the
89-6 department if:
89-7 (1) the property damage, personal injury, or death
89-8 arises from the operation or use of a motor-driven vehicle or
89-9 motor-driven equipment;
89-10 (2) the inmate or defendant would be personally liable
89-11 to the claimant according to Texas law; and
89-12 (3) the act, omission, or negligence was committed by
89-13 the inmate or defendant acting in the course and scope of a task or
89-14 activity that:
89-15 (A) the inmate or defendant performed at the
89-16 request of an employee of the department; and
89-17 (B) the inmate or defendant performed under the
89-18 control or supervision of the department.
89-19 (b) This section does not apply to property damage, personal
89-20 injury, or death sustained by an inmate or state jail defendant.
89-21 SECTION 1.109. Section 171.651, Tax Code, is amended to read
89-22 as follows:
89-23 Sec. 171.651. Definitions. In this subchapter:
89-24 (1) "Department" means the Texas Department of
89-25 Criminal Justice.
89-26 (2) "Inmate" means an inmate in a prison industries
89-27 program operated by the prison industries office of the department
90-1 <institutional division> under Subchapter A, Chapter 497,
90-2 Government Code.
90-3 <(2) "Institutional division" means the institutional
90-4 division of the Texas Department of Criminal Justice.>
90-5 SECTION 1.110. Sections 171.653(a) and (b), Tax Code, are
90-6 amended to read as follows:
90-7 (a) The amount of the credit for wages paid by a corporation
90-8 to an inmate is equal to 10 percent of that portion of the wages
90-9 paid that the department <institutional division> apportions to the
90-10 state under Section 497.004(b)(3), Government Code, as
90-11 reimbursement for the cost of the inmate's confinement.
90-12 (b) A corporation is eligible for the credit under this
90-13 section only if it receives before the due date of its franchise
90-14 tax report for the privilege period for which the credit is claimed
90-15 a written certification from the department <institutional
90-16 division> stating the amount of the wages that the corporation paid
90-17 to an inmate during the privilege period and the amount of those
90-18 wages that the department <institutional division> apportioned to
90-19 the state as reimbursement for the cost of the inmate's
90-20 confinement.
90-21 SECTION 1.111. Sections 171.654(a) and (b), Tax Code, are
90-22 amended to read as follows:
90-23 (a) The amount of the credit for wages paid by a corporation
90-24 to an employee who was employed by the corporation when the
90-25 employee was an inmate is equal to 10 percent of that portion of
90-26 the wages paid that, were the employee still an inmate, the
90-27 department <institutional division> would apportion to the state
91-1 under Section 497.004(b)(3), Government Code, as reimbursement for
91-2 the cost of the inmate's confinement.
91-3 (b) A corporation is eligible for the credit under this
91-4 section only if:
91-5 (1) the employee who was formerly an inmate was
91-6 continuously employed for not less than six months while an inmate
91-7 and has been continuously employed by the corporation for at least
91-8 one year after the date that the employee was released from prison;
91-9 (2) the nature of the employment is substantially
91-10 similar to the employment the employee had with the corporation
91-11 when the employee was an inmate or the employment requires more
91-12 skills or provides greater opportunities for the employee;
91-13 (3) the corporation has provided the department
91-14 <institutional division> a statement of the amount of wages paid
91-15 the employee during the accounting period on which the credit is
91-16 computed; and
91-17 (4) the corporation receives before the due date of
91-18 its franchise tax report for the privilege period for which the
91-19 credit is claimed a written certification from the department
91-20 <institutional division> stating the amount of the wages that, were
91-21 the employee still an inmate, the department <institutional
91-22 division> would have apportioned to the state as reimbursement for
91-23 the cost of the inmate's confinement.
91-24 SECTION 1.112. Sections 494.005, 494.009, 494.010, 494.011
91-25 (as added by Chapter 988, Acts of the 73rd Legislature, Regular
91-26 Session, 1993), 497.052, 497.053, 497.054, 497.055, 497.056,
91-27 497.057, 497.058, 497.059, 499.006, 499.051, 499.054, 499.072, and
92-1 507.006(c), Government Code, are repealed.
92-2 SECTION 1.113. (a) The amendment by this article to Section
92-3 501.055, Government Code, does not apply to an offense committed
92-4 under Subsection (c) of that section before the effective date of
92-5 this article. An offense under Subsection (c) of that section
92-6 committed before the effective date of this article is covered by
92-7 Section 501.055 as it existed on the date on which the offense was
92-8 committed, and the former law is continued in effect for that
92-9 purpose.
92-10 (b) The amendments made by this article to Sections 38.01
92-11 and 39.05, Penal Code, apply only to offenses committed on or after
92-12 the effective date of this article. An offense committed before
92-13 the effective date of this article is covered by the law in effect
92-14 when the offense was committed, and the former law is continued in
92-15 effect for that purpose.
92-16 (c) For purposes of this section, an offense is committed
92-17 before the effective date of this article if any element of the
92-18 offense occurs before that date.
92-19 SECTION 1.114. The change in law made by this article to
92-20 Chapter 101, Civil Practice and Remedies Code, applies only to a
92-21 cause of action that accrues on or after the effective date of this
92-22 article. An action that accrued before the effective date of this
92-23 article is governed by the law applicable to the action as it
92-24 existed immediately before the effective date of this article, and
92-25 that law is continued in effect for that purpose.
92-26 SECTION 1.115. (a) Except as provided by Subsection (b),
92-27 this article takes effect September 1, 1995.
93-1 (b) Sections 1.020, 1.025, and 1.060 take effect
93-2 immediately.
93-3 ARTICLE 2
93-4 SECTION 2.001. Section 2, Article 42.18, Code of Criminal
93-5 Procedure, is amended by amending Subdivisions (1), (2), (5), and
93-6 (8) and by adding Subdivision (9) to read as follows:
93-7 (1) "Parole" means the discretionary and conditional
93-8 release of an eligible prisoner sentenced to <from the physical
93-9 custody of> the institutional division so that the prisoner may <of
93-10 the Texas Department of Criminal Justice if the prisoner
93-11 contractually agrees to> serve the remainder of his sentence under
93-12 the supervision and control of the parole <pardons and paroles>
93-13 division. Parole shall not be construed to mean a commutation of
93-14 sentence or any other form of executive clemency.
93-15 (2) "Mandatory supervision" means the release of an
93-16 eligible prisoner sentenced to <from the physical custody of> the
93-17 institutional division so that the prisoner may <but not on parole,
93-18 to> serve the remainder of his sentence not on parole but under the
93-19 supervision and control of the parole <pardons and paroles>
93-20 division. Mandatory supervision may not be construed as a
93-21 commutation of sentence or any other form of executive clemency.
93-22 (5) "Director" means the director of the parole
93-23 <pardons and paroles> division.
93-24 (8) "Division <Pardons and paroles division>" means
93-25 the parole <pardons and paroles> division of the Texas Department
93-26 of Criminal Justice.
93-27 (9) "Department" means the Texas Department of
94-1 Criminal Justice.
94-2 SECTION 2.002. Sections 4(a), (b), (c), (g), and (h),
94-3 Article 42.18, Code of Criminal Procedure, are amended to read as
94-4 follows:
94-5 (a) Board members must be representative of the general
94-6 public. A member must be a resident citizen of this state and must
94-7 have resided in this state for the two years preceding appointment.
94-8 A person is not eligible for appointment as a public member if the
94-9 person or the person's spouse:
94-10 (1) is employed by or participates in the management
94-11 of a business entity or other organization receiving funds from the
94-12 department or the board <Texas Department of Criminal Justice>;
94-13 (2) owns or controls directly or indirectly more than
94-14 a 10 percent interest in a business entity or other organization
94-15 regulated by the department <Texas Department of Criminal Justice>
94-16 or receiving funds from the department or the board; or
94-17 (3) uses or receives a substantial amount of tangible
94-18 goods, services, or funds from the department or the board <Texas
94-19 Department of Criminal Justice>, other than compensation or
94-20 reimbursement authorized by law for board membership, attendance,
94-21 or expenses.
94-22 (b) An employee or paid officer or consultant of a trade
94-23 association in the field of criminal justice may not be a member of
94-24 the board or an employee of the <pardons and paroles> division or
94-25 the board. A person who is the spouse of any manager or paid
94-26 consultant of a trade association in the field of criminal justice
94-27 may not be a member of the board and may not be an employee of the
95-1 <pardons and paroles> division or the board, including an employee
95-2 exempt from the state's classification plan, who is compensated at
95-3 or above the amount prescribed by the General Appropriations Act
95-4 for step 1, salary group 17, of the position classification salary
95-5 schedule. For the purposes of this section, a trade association is
95-6 a nonprofit, cooperative, and voluntarily joined association of
95-7 business or professional competitors designed to assist its members
95-8 and its industry or profession in dealing with mutual business or
95-9 professional problems and in promoting their common interests.
95-10 (c) A person who is required to register as a lobbyist under
95-11 Chapter 305, Government Code, by virtue of the person's activities
95-12 for compensation in or on behalf of a profession related to the
95-13 operation of the board, may not serve as a member of the board or
95-14 act as the general counsel to the <pardons and paroles> division.
95-15 (g) If the director has knowledge that a potential ground
95-16 for removal exists, the director shall notify the chairman of the
95-17 board <Texas Board of Criminal Justice> of the ground. The
95-18 chairman of the board <Texas Board of Criminal Justice> shall then
95-19 notify the governor that a potential ground for removal exists.
95-20 (h) The financial transactions of the <pardons and paroles>
95-21 division and the board are subject to audit by the state auditor in
95-22 accordance with Chapter 321, Government Code.
95-23 SECTION 2.003. Section 6(b), Article 42.18, Code of Criminal
95-24 Procedure, is amended to read as follows:
95-25 (b) The executive director of the department <Texas
95-26 Department of Criminal Justice> shall hire the director. The
95-27 director is responsible for the day-to-day administration of the
96-1 <pardons and paroles> division.
96-2 SECTION 2.0031. Section 6, Article 42.18, Code of Criminal
96-3 Procedure, is amended by adding Subsection (d) to read as follows:
96-4 (d) The board, after consultation with the governor and the
96-5 Texas Board of Criminal Justice, shall adopt a mission statement
96-6 that reflects those responsibilities for the operation of the
96-7 parole process that are assigned to the board and those
96-8 responsibilities for the operation of the parole process that are
96-9 assigned to the division, the department, or the Texas Board of
96-10 Criminal Justice. The board shall include in the mission statement
96-11 a description of specific locations at which the board intends to
96-12 conduct business related to the operation of the parole process.
96-13 SECTION 2.004. Section 7(a), Article 42.18, Code of Criminal
96-14 Procedure, is amended to read as follows:
96-15 (a) The members of the board shall:
96-16 (1) determine under Section <Sections> 8<(a)-(f)> of
96-17 this article which prisoners are to be released on parole;
96-18 (2) impose <determine> under Sections 8A and 8B <8(g)
96-19 and (j)> of this article conditions of parole and mandatory
96-20 supervision;
96-21 (3) perform the constitutional duties imposed on the
96-22 board by Article IV, Section 11, of the Texas Constitution; and
96-23 (4) <determine which prisoners may be released from
96-24 supervision and reporting under Section 15 of this article; and>
96-25 <(5)> determine under Section 14 of this article the
96-26 revocation of parole and mandatory supervision.
96-27 SECTION 2.005. Section 8, Article 42.18, Code of Criminal
97-1 Procedure, is amended to read as follows:
97-2 Sec. 8. ELIGIBILITY AND PROCEDURES FOR RELEASE<; CONDITIONS
97-3 ON RELEASE>. (a) A parole panel is authorized to release on
97-4 parole any person confined in any penal or correctional institution
97-5 who is eligible for parole under this section. A parole panel may
97-6 consider a person for release on parole if the person has been
97-7 sentenced to a term of imprisonment in the institutional division,
97-8 is confined in a jail or transfer facility in this state, a federal
97-9 correctional institution, or a jail or a correctional institution
97-10 in another state, and is eligible for parole. A parole panel may
97-11 release a person on parole during the parole month established for
97-12 the person if the panel determines that the person's release will
97-13 not increase the likelihood of harm to the public. The department
97-14 <institutional division> shall provide the board with sentence time
97-15 credit information on persons described in this subsection. <Good
97-16 time credit shall be calculated for a person as if the person were
97-17 confined in the institutional division during the entire time the
97-18 person was actually confined.> The period of parole shall be
97-19 equivalent to the maximum term for which the prisoner was sentenced
97-20 less calendar time actually served on the sentence. Every prisoner
97-21 while on parole shall remain in the legal custody of the <pardons
97-22 and paroles> division and shall be amenable to conditions of
97-23 supervision ordered by a parole panel or the department under this
97-24 article. All paroles shall issue upon order of a parole panel.
97-25 (b)(1) A prisoner under sentence of death is not eligible
97-26 for parole.
97-27 (2) If a prisoner is serving a life sentence for a
98-1 capital felony, the prisoner is not eligible for release on parole
98-2 until the actual calendar time the prisoner has served, without
98-3 consideration of good conduct time, equals 40 calendar years.
98-4 (3) If a prisoner, other than a prisoner described by
98-5 Subdivision (4) of this subsection, is serving a sentence for the
98-6 offenses listed in Subdivision (1)(A), (C), (D), (E), or (F) of
98-7 Section 3g(a), Article 42.12 of this code, or if the judgment
98-8 contains an affirmative finding under Subdivision (2) of Subsection
98-9 (a) of Section 3g of that article, he is not eligible for release
98-10 on parole until his actual calendar time served, without
98-11 consideration of good conduct time, equals one-half of the maximum
98-12 sentence or 30 calendar years, whichever is less, but in no event
98-13 shall he be eligible for release on parole in less than two
98-14 calendar years.
98-15 (4) If a prisoner is serving a sentence for which the
98-16 punishment is increased under Section 481.134, Health and Safety
98-17 Code, the prisoner is not eligible for release on parole until the
98-18 prisoner's actual calendar time served, without consideration of
98-19 good conduct time, equals five years or the maximum term to which
98-20 the prisoner was sentenced, whichever is less.
98-21 (5) Except as provided by Subsection (k) <(m)> of this
98-22 section, all other prisoners shall be eligible for release on
98-23 parole when their calendar time served plus good conduct time
98-24 equals one-fourth of the maximum sentence imposed or 15 years,
98-25 whichever is less.
98-26 (c) Except as otherwise provided by this subsection, a
98-27 prisoner who is not on parole shall be released to mandatory
99-1 supervision by order of the department <a parole panel> when the
99-2 calendar time he has served plus any accrued good conduct time
99-3 equal the maximum term to which he was sentenced. A prisoner
99-4 released to mandatory supervision shall, upon release, be deemed as
99-5 if released on parole. To the extent practicable, arrangements for
99-6 the prisoner's proper employment, maintenance, and care shall be
99-7 made prior to his release to mandatory supervision. The period of
99-8 mandatory supervision shall be for a period equivalent to the
99-9 maximum term for which the prisoner was sentenced less calendar
99-10 time actually served on the sentence. The time served on mandatory
99-11 supervision is calculated as calendar time. Every prisoner while
99-12 on mandatory supervision shall remain in the legal custody of the
99-13 state and shall be amenable to conditions of supervision ordered by
99-14 the parole panel or department. A prisoner may not be released to
99-15 mandatory supervision if the prisoner is serving a sentence for an
99-16 offense and the judgment for the offense contains an affirmative
99-17 finding under Subdivision (2), Subsection (a), Section 3g, Article
99-18 42.12, of this code or if the prisoner is serving a sentence for:
99-19 (1) a first degree felony under Section 19.02, Penal
99-20 Code (Murder);
99-21 (2) a capital felony under Section 19.03, Penal Code
99-22 (Capital Murder);
99-23 (3) a first degree felony or a second degree felony
99-24 under Section 20.04, Penal Code (Aggravated Kidnapping);
99-25 (4) a second degree felony under Section 22.011, Penal
99-26 Code (Sexual Assault);
99-27 (5) a second degree or first degree felony under
100-1 Section 22.02, Penal Code (Aggravated Assault);
100-2 (6) a first degree felony under Section 22.021, Penal
100-3 Code (Aggravated Sexual Assault);
100-4 (7) a first degree felony under Section 22.04, Penal
100-5 Code (Injury to a Child or an Elderly Individual);
100-6 (8) a first degree felony under Section 28.02, Penal
100-7 Code (Arson);
100-8 (9) a second degree felony under Section 29.02, Penal
100-9 Code (Robbery);
100-10 (10) a first degree felony under Section 29.03, Penal
100-11 Code (Aggravated Robbery);
100-12 (11) a first degree felony under Section 30.02, Penal
100-13 Code (Burglary)<, if the offense is punished under Subsection
100-14 (d)(2) or (d)(3) of that section>; or
100-15 (12) <(13)> a felony for which the punishment is
100-16 increased under Section 481.134, Health and Safety Code (Drug-Free
100-17 Zones).
100-18 (d)(1) If a prisoner is sentenced to consecutive felony
100-19 sentences under Article 42.08 of this code, a parole panel shall
100-20 designate during each sentence the date, if any, on which the
100-21 prisoner would have been eligible for release on parole if the
100-22 prisoner had been sentenced to serve a single sentence.
100-23 (2) For the purposes of Article 42.08 of this code,
100-24 the judgment and sentence of a prisoner sentenced for a felony,
100-25 other than the last sentence in a series of consecutive sentences,
100-26 cease to operate:
100-27 (A) when the actual calendar time served by the
101-1 prisoner equals the sentence imposed by the court; or
101-2 (B) on the date a parole panel designates as the
101-3 date on which the prisoner would have been eligible for release on
101-4 parole if the prisoner had been sentenced to serve a single
101-5 sentence.
101-6 (3) A parole panel may not treat consecutive sentences
101-7 as a single sentence for purposes of parole and may not release on
101-8 parole a prisoner sentenced to serve consecutive felony sentences
101-9 earlier than the date on which the prisoner becomes eligible for
101-10 release on parole from the last sentence imposed on the prisoner.
101-11 (4) Calendar time served and good conduct time accrued
101-12 by a prisoner that are used by a parole panel in determining when a
101-13 judgment and sentence cease to operate may not be used by the
101-14 panel:
101-15 (A) for the same purpose in determining that
101-16 date in a subsequent sentence in the same series of consecutive
101-17 sentences; or
101-18 (B) for determining the date on which a prisoner
101-19 becomes eligible for release on parole from the last sentence in a
101-20 series of consecutive sentences.
101-21 (e) Not later than the 120th day after the date on which a
101-22 prisoner is admitted to the institutional division, the department
101-23 <Texas Department of Criminal Justice> shall secure all pertinent
101-24 information relating to the prisoner, including but not limited to
101-25 the court judgment, any sentencing report, the circumstances of the
101-26 prisoner's offense, the prisoner's previous social history and
101-27 criminal record, the prisoner's physical and mental health record,
102-1 a record of the prisoner's conduct, employment history, and
102-2 attitude in prison, and any written comments or information
102-3 provided by local trial officials or victims of the offense. The
102-4 department <Texas Department of Criminal Justice> shall establish a
102-5 proposed program of measurable institutional progress that must be
102-6 submitted to the board at the time of the board's consideration of
102-7 the inmate's case for release. The board shall conduct an initial
102-8 review of an eligible inmate not later than the 180th day after the
102-9 date of the inmate's admission to the institutional division.
102-10 Before the inmate is approved for release to parole by the board,
102-11 the inmate must agree to participate in the programs and activities
102-12 described by the proposed program of measurable institutional
102-13 progress. The institutional division shall work closely with the
102-14 board to monitor the progress of the inmate in the institutional
102-15 division and shall report the progress to the board before the
102-16 inmate's release.
102-17 (f)(1) In this subsection:
102-18 (A) "close relative of a deceased victim" means
102-19 a person who was the spouse of a deceased victim at the time of the
102-20 victim's death, a parent of the deceased victim, or an adult
102-21 brother, sister, or child of the deceased victim;
102-22 (B) "guardian of a victim" means a person who is
102-23 the legal guardian of a victim, whether or not the legal
102-24 relationship between the guardian and victim exists because of the
102-25 age of the victim or the physical or mental incompetency of the
102-26 victim; and
102-27 (C) "victim" means a person who is a victim of
103-1 sexual assault, kidnapping, aggravated robbery, or felony
103-2 harassment or who has suffered bodily injury or death as the result
103-3 of the criminal conduct of another.
103-4 (2) Before a parole panel considers for parole a
103-5 prisoner who is serving a sentence for an offense in which a person
103-6 was a victim, the department <pardons and paroles division>, using
103-7 the name and address provided on the victim impact statement, shall
103-8 make a reasonable effort to notify a victim of the prisoner's crime
103-9 or if the victim has a legal guardian or is deceased, to notify the
103-10 legal guardian or close relative of the deceased victim. If the
103-11 notice is sent to a guardian or close relative of a deceased
103-12 victim, the notice must contain a request by the department
103-13 <pardons and paroles division> that the guardian or relative inform
103-14 other persons having an interest in the matter that the prisoner is
103-15 being considered for parole. If a hearing is held, the parole
103-16 panel shall allow a victim, guardian of a victim, close relative of
103-17 a deceased victim, or a representative of a victim or his guardian
103-18 or close relative to provide a written statement. This subsection
103-19 may not be construed to limit the number of persons who may provide
103-20 statements for or against the release of the prisoner on parole.
103-21 The parole panel shall consider the statements and the information
103-22 provided in a victim impact statement in determining whether or not
103-23 to recommend parole. However, the failure of the department
103-24 <pardons and paroles division> to comply with notice requirements
103-25 of this subsection is not a ground for revocation of parole.
103-26 (3) If a victim, guardian of a victim, or close
103-27 relative of a deceased victim would be entitled to notification of
104-1 parole consideration by the department <pardons and paroles
104-2 division> but for failure by that person to provide a victim impact
104-3 statement containing the person's name and address, the person is
104-4 nonetheless entitled to receive notice if the person files with the
104-5 department <pardons and paroles division> a written request for
104-6 that notification. After receiving such a written request, the
104-7 department <pardons and paroles division> shall grant to the person
104-8 all the privileges to which the person would be entitled had the
104-9 person submitted a victim impact statement. Before a prisoner is
104-10 released from the institutional division on parole or on the
104-11 release of a prisoner on mandatory supervision, the department
104-12 <pardons and paroles division> shall give notice of the release to
104-13 any person entitled to notification of parole consideration for the
104-14 prisoner because the person filed with the department <pardons and
104-15 paroles division> a victim impact statement or a request for
104-16 notification of a parole consideration.
104-17 (4) Except as necessary to comply with this section,
104-18 the board or the department <Texas Department of Criminal Justice>
104-19 may not disclose to any person the name or address of a victim or
104-20 other person entitled to notice under this section unless the
104-21 victim or that person approves the disclosure or the board or the
104-22 department is ordered to disclose the information by a court of
104-23 competent jurisdiction after the court determines that there is
104-24 good cause for disclosure.
104-25 (g) <(5)> Before ordering the parole of any prisoner, a
104-26 parole panel may have the prisoner appear before it and interview
104-27 him. A parole shall be ordered only for the best interest of
105-1 society, not as an award of clemency; it shall not be considered to
105-2 be a reduction of sentence or pardon. The board shall develop and
105-3 implement parole guidelines that shall be the basic criteria on
105-4 which parole decisions are made. The parole guidelines shall be
105-5 developed according to an acceptable research method and shall be
105-6 based on the seriousness of the offense and the likelihood of
105-7 favorable parole outcome. The board shall review the parole
105-8 guidelines periodically and make reports on those reviews to the
105-9 Legislative Criminal Justice Board. If a member of the board
105-10 deviates from the parole guidelines in casting a vote on a parole
105-11 decision, the member shall produce a brief written statement
105-12 describing the circumstances regarding the departure from the
105-13 guidelines and place a copy of the statement in the file of the
105-14 inmate for whom the parole decision was made. The board shall keep
105-15 a copy of each statement in a central location. A prisoner shall
105-16 be placed on parole only when arrangements have been made for his
105-17 employment or for his maintenance and care and when the parole
105-18 panel believes that he is able and willing to fulfill the
105-19 obligations of a law-abiding citizen. Every prisoner while on
105-20 parole shall remain in the legal custody of the <pardons and
105-21 paroles> division and shall be amenable to the conditions of
105-22 supervision ordered under this article.
105-23 <(g) The Texas Board of Criminal Justice may adopt such
105-24 other reasonable rules not inconsistent with law as it may deem
105-25 proper or necessary with respect to the eligibility of prisoners
105-26 for parole and mandatory supervision, the conduct of parole and
105-27 mandatory supervision hearings, or conditions to be imposed upon
106-1 parolees and persons released to mandatory supervision. Each
106-2 person to be released on parole shall be furnished a contract
106-3 setting forth in clear and intelligible language the conditions and
106-4 rules of parole. The parole panel may include as a condition of
106-5 parole or mandatory supervision any condition that a court may
106-6 impose on a probationer under Article 42.12 of this code, including
106-7 the condition that the person released submit to testing for
106-8 controlled substances or submit to electronic monitoring if the
106-9 parole panel determines that absent testing for controlled
106-10 substances or participation in an electronic monitoring program the
106-11 person would not be released on parole. Acceptance, signing, and
106-12 execution of the contract by the inmate to be paroled shall be a
106-13 precondition to release on parole. Persons released on mandatory
106-14 supervision shall be furnished a written statement setting forth in
106-15 clear and intelligible language the conditions and rules of
106-16 mandatory supervision. The parole panel may also require as a
106-17 condition of parole or release to mandatory supervision that the
106-18 person make payments in satisfaction of damages the person is
106-19 liable for under Article 6184p, Revised Statutes. The parole panel
106-20 shall require as a condition of parole or mandatory supervision
106-21 that the person register under Article 6252-13c.1, Revised
106-22 Statutes. The parole panel may require as a condition of parole or
106-23 release to mandatory supervision that the person attend counseling
106-24 sessions for substance abusers or participate in substance abuse
106-25 treatment services in a program or facility approved or licensed by
106-26 the Texas Commission on Alcohol and Drug Abuse if the person was
106-27 sentenced for an offense involving controlled substances or the
107-1 panel determines that the defendant's substance abuse was connected
107-2 to the commission of the offense.>
107-3 (h) <(g)> The board may adopt such other reasonable rules
107-4 not inconsistent with law as it may deem proper or necessary with
107-5 respect to the eligibility of prisoners for parole <and mandatory
107-6 supervision>, the conduct of parole <and mandatory supervision>
107-7 hearings, or conditions to be imposed upon parolees <and persons
107-8 released to mandatory supervision>. Each person to be released on
107-9 parole shall be furnished a written statement <contract> setting
107-10 forth in clear and intelligible language the conditions and rules
107-11 of parole. <The parole panel may include as a condition of parole
107-12 or mandatory supervision any condition that a court may impose on a
107-13 defendant placed on community supervision under Article 42.12 of
107-14 this code, including the condition that the person released submit
107-15 to testing for controlled substances or submit to electronic
107-16 monitoring if the parole panel determines that absent testing for
107-17 controlled substances or participation in an electronic monitoring
107-18 program the person would not be released on parole.> Acceptance
107-19 and<,> signing of the written statement<, and execution of the
107-20 contract> by the inmate to be paroled is <shall be> a precondition
107-21 to release on parole. Persons released on mandatory supervision
107-22 shall be furnished a written statement setting forth in clear and
107-23 intelligible language the conditions and rules of mandatory
107-24 supervision. <The parole panel may also require as a condition of
107-25 parole or release to mandatory supervision that the person make
107-26 payments in satisfaction of damages the person is liable for under
107-27 Section 500.002, Government Code. The parole panel shall require as
108-1 a condition of parole or mandatory supervision that the person
108-2 register under Article 6252-13c.1, Revised Statutes. The parole
108-3 panel shall require as a condition of parole or mandatory
108-4 supervision that an inmate who immediately before release is a
108-5 participant in the program established under Section 501.0931,
108-6 Government Code, participate in a drug or alcohol abuse continuum
108-7 of care treatment program.>
108-8 <(g-1) The Texas Commission on Alcohol and Drug Abuse shall
108-9 develop the continuum of care treatment program.>
108-10 (i) <(h)> It shall be the duty of the department <pardons
108-11 and paroles division> at least 10 days before a parole panel <the
108-12 board> orders the parole of any prisoner or at least 10 days after
108-13 recommending the granting of executive clemency by the governor to
108-14 notify the sheriff, the prosecuting attorney, and the district
108-15 judge in the county where such person was convicted and the county
108-16 to which the prisoner is released that such parole or clemency is
108-17 being considered by the board or by the governor. For any case in
108-18 which there was a change of venue, the department <pardons and
108-19 paroles division> shall notify those same officials in the county
108-20 in which the prosecution was originated if, no later than 30 days
108-21 after the date on which the defendant was sentenced, those
108-22 officials request in writing that the department <pardons and
108-23 paroles division> give them notice under this section of any future
108-24 release of the prisoner. Additionally, no later than the 10th day
108-25 after the parole panel or department orders the transfer of a
108-26 prisoner to a community residential facility <halfway house> under
108-27 this article, the department <pardons and paroles division> shall
109-1 notify the sheriff of the county in which the prisoner was
109-2 convicted and shall notify the sheriff of the county in which the
109-3 community residential facility <halfway house> is located and the
109-4 attorney who represents the state in the prosecution of felonies in
109-5 that county. The notice must state the prisoner's name, the county
109-6 in which the prisoner was convicted, and the offense for which the
109-7 prisoner was convicted.
109-8 (j) <(i)> As an element of the department's preparole
109-9 transfer <pardons and paroles division's halfway house> program,
109-10 the department <pardons and paroles division, in conjunction with
109-11 the institutional division,> shall utilize community residential
109-12 facilities <halfway houses> for the purpose of diverting from
109-13 housing in regular units of the institutional division or county
109-14 jails suitable low-risk prisoners and other prisoners who would
109-15 benefit from a smoother transition from incarceration to supervised
109-16 release. To accomplish this purpose, a parole panel, after
109-17 reviewing all available pertinent information, may designate a
109-18 presumptive parole date for any inmate who (i) is not serving a
109-19 sentence for an offense listed in Subdivision (1) of Subsection (a)
109-20 of Section 3g of Article 42.12 of this code and whose judgment does
109-21 not contain an affirmative finding under Subdivision (2) of
109-22 Subsection (a) of Section 3g of that article; and (ii) has never
109-23 been convicted of an offense listed in Subdivision (1) of
109-24 Subsection (a) of Section 3g of that article and has never had a
109-25 conviction, the judgment for which contains an affirmative finding
109-26 under Subdivision (2) of Subsection (a) of Section 3g of that
109-27 article. The presumptive parole date may not be a date which is
110-1 earlier than the prisoner's initial parole eligibility date, as
110-2 calculated or projected pursuant to Subsection (b) of this section.
110-3 Before transferring a prisoner to a community residential facility
110-4 <halfway house>, the department <pardons and paroles division>
110-5 shall send to the director of the facility <halfway house> all
110-6 information relating to the prisoner that <the pardons and paroles
110-7 division feels> will aid the facility <halfway house> in helping
110-8 the prisoner make a transition from prison or county jail to
110-9 supervised release. If a prisoner for whom a presumptive parole
110-10 date has been established is transferred into a preparole residence
110-11 in a community residential facility <halfway house> pursuant to the
110-12 terms of Subchapter A, Chapter 499 <498>, Government Code, the
110-13 <pardons and paroles> division is responsible for his supervision.
110-14 A parole panel may rescind or postpone a previously established
110-15 presumptive parole date on the basis of reports from <agents of>
110-16 the department <pardons and paroles division responsible for
110-17 supervision or agents of the institutional division acting in the
110-18 case>. If a preparolee transferred to preparole status has
110-19 satisfactorily served his sentence in the community residential
110-20 facility <halfway house> to which he is assigned from the date of
110-21 transfer to the presumptive parole date, without rescission or
110-22 postponement of the date, the division <parole panel> shall order
110-23 his release to parole and deliver <issue> an appropriate
110-24 certificate of release. The person is subject to the provisions of
110-25 this article governing release on parole.
110-26 <(j) In addition to other conditions of parole and release
110-27 on mandatory supervision imposed under this section, a parole panel
111-1 shall require a prisoner released on parole or mandatory
111-2 supervision to pay a parole supervision fee of $10 to the pardons
111-3 and paroles division for each month during which the prisoner is
111-4 under parole supervision. The fee applies to a prisoner released
111-5 in another state who is required as a term of his release to report
111-6 to a parole officer or supervisor in this state for parole
111-7 supervision. On the request of the prisoner, a parole panel may
111-8 allow the prisoner to defer payments under this subsection. The
111-9 prisoner remains responsible for payment of the fee and must make
111-10 the deferred payment not later than two years after the date on
111-11 which the payment becomes due. The board of the Texas Department
111-12 of Criminal Justice shall establish rules relating to the method of
111-13 payment required of the person on parole or mandatory supervision.
111-14 Fees collected under this subsection by the pardons and paroles
111-15 division shall be remitted to the comptroller of public accounts,
111-16 who shall deposit the fees in the general revenue fund of the state
111-17 treasury. In a parole or mandatory supervision revocation hearing
111-18 under Section 14 of this article at which it is alleged only that
111-19 the person failed to make a payment under this subsection, the
111-20 inability of the person to pay as ordered by a parole panel is an
111-21 affirmative defense to revocation, which the person must prove by a
111-22 preponderance of the evidence.>
111-23 <(k) In addition to other conditions imposed by a parole
111-24 panel under this article, the parole panel shall require as a
111-25 condition of parole or release to mandatory supervision that the
111-26 prisoner demonstrate to the parole panel whether the prisoner has
111-27 an educational skill level that is equal to or greater than the
112-1 average skill level of students who have completed the sixth grade
112-2 in public schools in this state. If the parole panel determines
112-3 that the person has not attained that skill level, the parole panel
112-4 shall require as a condition of parole or release to mandatory
112-5 supervision that the prisoner attain that level of educational
112-6 skill, unless the parole panel determines that the person lacks the
112-7 intellectual capacity or the learning ability to ever achieve that
112-8 level of skill.>
112-9 <(l) In addition to other conditions imposed by a parole
112-10 panel under this article, the parole panel shall require as a
112-11 condition of parole or release to mandatory supervision, on
112-12 evidence of the presence of a controlled substance in the
112-13 defendant's body, or on any evidence the defendant has used a
112-14 controlled substance, or on evidence that controlled substance use
112-15 is related to the offense for which the defendant was convicted,
112-16 that the defendant submit to testing for controlled substances.>
112-17 <The Texas Board of Criminal Justice by rule shall adopt
112-18 procedures for the administration of tests required by this
112-19 subsection.>
112-20 (k) <(m)> A prisoner serving a sentence for which parole
112-21 eligibility is otherwise determined under Subsection (b)(5) <(4)>
112-22 of this section may become eligible for special needs parole at a
112-23 date earlier than the date calculated under Subsection (b)(5) <(4)>
112-24 of this section, as designated by a parole panel under this
112-25 subsection, if:
112-26 (1) the prisoner has been identified by the department
112-27 <institutional division> as being elderly, physically handicapped,
113-1 mentally ill, terminally ill, or mentally retarded;
113-2 (2) the prisoner is determined by the parole panel,
113-3 because of the prisoner's condition and on the basis of a medical
113-4 evaluation, to no longer constitute a threat to public safety and
113-5 no longer constitute a threat to commit further offenses; and
113-6 (3) the department <pardons and paroles division> has
113-7 prepared for the prisoner a special needs parole plan that ensures
113-8 appropriate supervision, service provision, and placement.
113-9 (l) <(n)> A prisoner diagnosed as mentally ill or mentally
113-10 retarded may be released under Subsection (k) <(m)> of this section
113-11 only if the department <pardons and paroles division> has prepared
113-12 for the prisoner a special needs parole plan that ensures
113-13 appropriate supervision, service provision, and placement as
113-14 approved by the Texas Council on Offenders with Mental Impairments.
113-15 <(o)(1) In addition to other conditions imposed by a parole
113-16 panel under this article, the parole panel may require as a
113-17 condition of parole or release to mandatory supervision that an
113-18 inmate serving a sentence for an offense under Section 42.07(a)(7),
113-19 Penal Code, may not:>
113-20 <(A) communicate directly or indirectly with the
113-21 victim; or>
113-22 <(B) go to or near the residence, place of
113-23 employment, or business of the victim or to or near a school,
113-24 day-care facility, or similar facility where a dependent child of
113-25 the victim is in attendance.>
113-26 <(2) If a parole panel requires the prohibition
113-27 contained in Subdivision (1)(B) of this subsection as a condition
114-1 of parole or release to mandatory supervision, the parole panel
114-2 shall specifically describe the prohibited locations and the
114-3 minimum distances, if any, that the inmate must maintain from the
114-4 locations.>
114-5 <(o) In addition to other conditions of parole and release
114-6 on mandatory supervision imposed under this section, a parole panel
114-7 shall require a prisoner released on parole or mandatory
114-8 supervision to pay an administrative fee of $8 to the pardons and
114-9 paroles division for each month during which the prisoner is under
114-10 parole supervision. The fee applies to a prisoner released in
114-11 another state who is required as a term of his release to report to
114-12 a parole officer or supervisor in this state for parole
114-13 supervision. On the request of the prisoner, a parole panel may
114-14 allow the prisoner to defer payments under this subsection. The
114-15 prisoner remains responsible for payment of the fee and must make
114-16 the deferred payment not later than two years after the date on
114-17 which the payment becomes due. The board of the Texas Department
114-18 of Criminal Justice shall establish rules relating to the method of
114-19 payment required of the person on parole or mandatory supervision.
114-20 Fees collected under this subsection by the pardons and paroles
114-21 division shall be remitted to the comptroller of public accounts,
114-22 who shall deposit the fees in the compensation to victims of crime
114-23 fund of the state treasury. In a parole or mandatory supervision
114-24 revocation hearing under Section 14 of this article at which it is
114-25 alleged only that the person failed to make a payment under this
114-26 subsection, the inability of the person to pay as ordered by a
114-27 parole panel is an affirmative defense to revocation, which the
115-1 person must prove by a preponderance of the evidence.>
115-2 <(o) In addition to other conditions imposed by a parole
115-3 panel under this article, the parole panel shall require as a
115-4 condition of parole or release to mandatory supervision that a
115-5 prisoner for whom the court has made an affirmative finding under
115-6 Article 42.014 of this code perform not less than 300 hours of
115-7 community service at a project designated by the parole panel that
115-8 primarily serves the person or group who was the target of the
115-9 defendant.>
115-10 (m) <(o)> The department <pardons and paroles division>
115-11 shall develop and implement a comprehensive program to inform
115-12 inmates, their families, and other interested parties about the
115-13 parole process. The department <division> shall update the program
115-14 annually.
115-15 <(p) In addition to other conditions and fees imposed by a
115-16 parole panel under this article, the parole panel shall require as
115-17 a condition of parole or release to mandatory supervision that a
115-18 prisoner convicted of an offense under Section 21.08, 21.11,
115-19 22.011, 22.021, 25.02, 25.06, 43.25, or 43.26, Penal Code, pay to
115-20 the pardons and paroles division a parole supervision fee of $5
115-21 each month during the period of parole supervision.>
115-22 <(q) The pardons and paroles division shall remit fees
115-23 collected under Subsection (p) of this section to the comptroller.
115-24 The comptroller shall deposit the fees in the general revenue fund
115-25 to the credit of the sexual assault program fund established by
115-26 Section 44.0061, Health and Safety Code.>
115-27 SECTION 2.006. (a) Article 42.18, Code of Criminal
116-1 Procedure, is amended by adding Sections 8B, 8C, and 8D to read as
116-2 follows:
116-3 Sec. 8B. CONDITIONS OF RELEASE; AUTHORITY OF DIVISION. (a)
116-4 A parole panel may include as a condition of parole or mandatory
116-5 supervision:
116-6 (1) any condition that a court may impose on a
116-7 defendant placed on community supervision under Article 42.12; and
116-8 (2) any reasonable condition that is designed to
116-9 protect or restore the victim or punish, rehabilitate, or reform
116-10 the person, including conditions requiring the person to:
116-11 (A) attend counseling sessions for substance
116-12 abuse or participate in substance abuse treatment services in a
116-13 program or facility approved or licensed by the Texas Commission on
116-14 Alcohol and Drug Abuse, if the person was sentenced for an offense
116-15 involving substance abuse or the panel determines the defendant's
116-16 substance abuse was connected to the commission of the offense;
116-17 (B) make payment in satisfaction of damages the
116-18 person is liable for under Section 500.002, Government Code;
116-19 (C) submit to electronic monitoring;
116-20 (D) participate in a community service program
116-21 to be selected by the department, for a time specified by the panel
116-22 and subject to the same limitations imposed on a judge by Section
116-23 16(b), Article 42.12; or
116-24 (E) not communicate directly or indirectly with
116-25 the victim, go to or within a proscribed minimum distance from the
116-26 residence, place of employment, or business of the victim, or go to
116-27 or within a proscribed minimum distance from a school, day-care
117-1 facility, or similar facility where a dependent child of the victim
117-2 is in attendance, if the person was serving a sentence for an
117-3 offense under Section 42.07(a)(7), Penal Code.
117-4 (b) The department shall require as a condition of parole or
117-5 mandatory supervision that the person:
117-6 (1) register as a sex offender if required to do so by
117-7 Article 6252-13c.1, Revised Statutes;
117-8 (2) participate in a drug or alcohol abuse continuum
117-9 of care treatment program developed by the Texas Commission on
117-10 Alcohol and Drug Abuse, if immediately before release the person is
117-11 a participant in the program established under Section 501.0931,
117-12 Government Code;
117-13 (3) pay a parole supervision fee to the department for
117-14 each month during which the prisoner is under supervision, in an
117-15 amount determined under Section 8C;
117-16 (4) attain an educational skill level that is equal to
117-17 or greater than the average skill level of students who have
117-18 completed the sixth grade in the public schools of this state,
117-19 unless the person demonstrates that the person has attained that
117-20 skill level or the panel determines that the person lacks the
117-21 intellectual capacity to ever achieve that skill level;
117-22 (5) obtain a general equivalency diploma not later
117-23 than one year after the date the person is released if the
117-24 department determines that the person does not have a high school
117-25 diploma or general equivalency diploma but has demonstrated an
117-26 educational skill level that is equal to or greater than the
117-27 average skill level of a student who has completed the sixth grade
118-1 and half of the credits required to complete the seventh grade in a
118-2 public school of this state, unless the department determines that
118-3 the person lacks the intellectual capacity or the learning ability
118-4 to obtain the diploma within that period;
118-5 (6) submit to testing for controlled substances, if
118-6 there is any evidence of the presence of a controlled substance in
118-7 the person's body, or any evidence that controlled substance use
118-8 was related to the offense for which the person was convicted; and
118-9 (7) perform community service, for a time specified by
118-10 the department but not less than 300 hours, at a project designated
118-11 by the department that primarily serves the person or group who was
118-12 the target of the person, if the court has made an affirmative
118-13 finding under Article 42.014.
118-14 (c) While a prisoner is in the custody of the division, the
118-15 division may enforce any condition of supervision mandated by law,
118-16 regardless of whether the condition has been formally imposed by a
118-17 parole panel, and may impose any new condition authorized by this
118-18 article.
118-19 Sec. 8C. FEES. (a) The parole supervision fee for an
118-20 inmate released after conviction of an offense committed before
118-21 September 1, 1993, is $10.
118-22 (b) The parole supervision fee for an inmate released after
118-23 conviction of an offense committed on or after September 1, 1993,
118-24 is $18.
118-25 (c) The department shall require that a person convicted of
118-26 an offense under Section 21.11, 22.011, 22.021, 25.02, 43.25, or
118-27 43.26, Penal Code, pay a sex offender parole supervision fee of $5
119-1 per month in addition to the fee required by Subsection (a) or (b).
119-2 (d) Fees imposed under this section apply to a prisoner
119-3 released in another state who is required as a term of the
119-4 prisoner's release to report to a parole officer in this state, in
119-5 the same manner as if the prisoner were released from the
119-6 institutional division.
119-7 (e) The department shall adopt policies relating to the
119-8 method of payment required of persons on parole or mandatory
119-9 supervision. On request of a prisoner, the department may allow
119-10 the prisoner to defer payments of fees imposed under this section.
119-11 The prisoner remains responsible for payment of fees imposed under
119-12 this section, and must make deferred payment not later than the
119-13 second anniversary of the date on which the payment becomes due.
119-14 (f) Fees collected under this section by the department
119-15 shall be remitted to the comptroller of public accounts, who shall
119-16 deposit the fees in the general revenue fund, except that the
119-17 additional $5 sex offender fee shall be deposited to the credit of
119-18 the sexual assault program fund established by Section 44.0061,
119-19 Health and Safety Code.
119-20 (g) In a parole or mandatory supervision hearing at which it
119-21 is alleged only that the person failed to make a payment under this
119-22 section, the inability of the person to pay as ordered by a parole
119-23 panel is an affirmative defense to prosecution, which the person
119-24 may prove by a preponderance of the evidence.
119-25 Sec. 8D. PAROLEE RESTITUTION FUND. (a) The parolee
119-26 restitution fund is a fund outside the treasury and consists of
119-27 restitution payments made by persons released on parole or
120-1 mandatory supervision. Money in the fund may be used only to pay
120-2 restitution as required by a condition of parole or release to
120-3 mandatory supervision to victims of criminal offenses.
120-4 (b) The state treasurer shall be the trustee of the parolee
120-5 restitution fund as provided by Section 404.073, Government Code.
120-6 (c) When the board orders the payment of restitution in the
120-7 manner prescribed by Article 42.037(h) from a person released on
120-8 parole or mandatory supervision, the department shall:
120-9 (1) collect the payment for disbursement to the
120-10 victim;
120-11 (2) deposit the payment in the parolee restitution
120-12 fund; and
120-13 (3) transmit the payment to the victim as soon as
120-14 practicable.
120-15 (d) If a victim who is entitled to restitution cannot be
120-16 located, immediately after receiving a final payment in
120-17 satisfaction of an order of restitution for the victim, the
120-18 department shall attempt to notify the victim of that fact by
120-19 certified mail, mailed to the last known address of the victim. If
120-20 a victim then makes a claim for payment, the department promptly
120-21 shall remit the payment to the victim. Money that remains
120-22 unclaimed shall be transferred to the general revenue fund of the
120-23 state treasury on the fifth anniversary of the date on which the
120-24 money was deposited to the credit of the compensation to victims of
120-25 crime auxiliary fund.
120-26 (b) The parole division of the Texas Department of Criminal
120-27 Justice not later than the 30th day after the effective date of
121-1 this article shall deposit any restitution money received before
121-2 the effective date of this article but not paid to a victim in the
121-3 parolee restitution fund in the manner provided by Section 8D,
121-4 Article 42.18, Code of Criminal Procedure, as added by this
121-5 article.
121-6 (c) Section 56.54, Code of Criminal Procedure, is amended by
121-7 adding Subsection (h) to read as follows:
121-8 (h) Sections 403.094 and 403.095, Government Code, do not
121-9 apply to the compensation to victims of crime fund or the
121-10 compensation to victims of crime auxiliary fund.
121-11 (d) The compensation to victims of crime fund and the
121-12 compensation to victims of crime auxiliary fund are re-created as
121-13 special funds to be used for the purposes designated in Subchapter
121-14 B, Chapter 56, Code of Criminal Procedure.
121-15 (e) Section 44.0061, Health and Safety Code, is amended by
121-16 amending Subsection (b) and by adding Subsection (d) to read as
121-17 follows:
121-18 (b) The fund consists of sex offender supervision fees
121-19 collected under Section 19 <22>(e), Article 42.12, and Subsection
121-20 (a), Section 8B <8(p)>, Article 42.18, Code of Criminal Procedure.
121-21 (d) Sections 403.094 and 403.095, Government Code, do not
121-22 apply to the sexual assault program fund.
121-23 (f) The sexual assault program fund is re-created as a
121-24 special fund to be used for the purposes designated in Section
121-25 44.0061, Health and Safety Code.
121-26 SECTION 2.007. Section 9, Article 42.18, Code of Criminal
121-27 Procedure, is amended to read as follows:
122-1 Sec. 9. Duty to Provide Information, Computers, and Offices.
122-2 (a) It shall be the duty of any judge, district attorney, county
122-3 attorney, police officer, or other public official of the state
122-4 having information with reference to any prisoner eligible for
122-5 parole to send in writing such information as may be in his
122-6 possession or under his control to the department <pardons and
122-7 paroles division>, upon request of any member of the Board of
122-8 Pardons and Paroles or employee of the board or the department
122-9 <pardons and paroles division>.
122-10 (b) The department <Texas Department of Criminal Justice>
122-11 may, by interagency contract, provide to the board necessary
122-12 computer equipment and computer access to all computerized records
122-13 and physical access to all hard copy records in the custody of the
122-14 department that are related to the duties and functions of the
122-15 board.
122-16 (c) The department <Texas Department of Criminal Justice>
122-17 may, by interagency contract, provide to the board necessary and
122-18 appropriate office space in the locations designated by the
122-19 chairman of the board and utilities and communication equipment.
122-20 SECTION 2.008. Section 10, Article 42.18, Code of Criminal
122-21 Procedure, is amended to read as follows:
122-22 Sec. 10. Access to Prisoners. It shall be the duty of the
122-23 department <institutional division> to grant to the members and
122-24 employees of the board <and employees of the board and the pardons
122-25 and paroles division> access at all reasonable times to any
122-26 prisoner, to provide for the members and employees or such
122-27 representatives facilities for communicating with and observing
123-1 such prisoner, and to furnish to the members and employees such
123-2 reports as the members and employees shall require concerning the
123-3 conduct and character of any prisoner in their custody and any
123-4 other facts deemed by a parole panel pertinent in determining
123-5 whether such prisoner shall be paroled.
123-6 SECTION 2.009. Sections 11(a), (c), (d), (e), (f), (g), (i),
123-7 and (m), Article 42.18, Code of Criminal Procedure, are amended to
123-8 read as follows:
123-9 (a) The board shall adopt rules as to:
123-10 (1) the submission and presentation of information and
123-11 arguments to the board, parole panels, and the department <pardons
123-12 and paroles division> for and in behalf of an inmate; and
123-13 (2) the time, place, and manner of contact between a
123-14 person representing an inmate and a member of the board, an
123-15 employee of the board, or an employee of the department <pardons
123-16 and paroles division>.
123-17 (c) A person required to register under this section shall
123-18 file a fee affidavit with the department <pardons and paroles
123-19 division> in a form prescribed by the department <division> for
123-20 each inmate the person represents for compensation before the
123-21 person first contacts a member of the board, an employee of the
123-22 board, or an employee of the department <pardons and paroles
123-23 division> on behalf of the inmate.
123-24 (d) The fee affidavit must be written and verified and
123-25 contain:
123-26 (1) the registrant's full name and address;
123-27 (2) the registrant's normal business, business phone
124-1 number, and business address;
124-2 (3) the full name of any former member or employee of
124-3 the Board of Pardons and Paroles or the Texas Board of Criminal
124-4 Justice or any former employee of the department <Texas Department
124-5 of Criminal Justice> with whom the person:
124-6 (A) is associated;
124-7 (B) has a relationship as an employer or
124-8 employee; or
124-9 (C) maintains a contractual relationship to
124-10 provide services;
124-11 (4) the full name and institutional identification
124-12 number of the inmate the registrant represents;
124-13 (5) the amount of compensation the person has received
124-14 or expects to receive in exchange for the representation; and
124-15 (6) the name of the person making the compensation.
124-16 (e) The department <division> shall, not later than the
124-17 third day after the date the fee affidavit is filed, place a copy
124-18 of the affidavit in the file of an inmate that a parole panel or
124-19 the board reviews. The department <division> shall also keep a
124-20 copy of each fee affidavit in a central location.
124-21 (f) If a person who has registered under this section
124-22 receives compensation in excess of the amount reported on the fee
124-23 affidavit, the person must file with the department <pardons and
124-24 paroles division>, not later than the fifth day after the date the
124-25 person receives the additional compensation, a supplemental fee
124-26 affidavit in a form prescribed by the department <division>
124-27 indicating the total amount of compensation received for
125-1 representing that inmate. The department <division> shall follow
125-2 the procedures in Subsection (e) <of this section> to process the
125-3 supplemental affidavit.
125-4 (g) A person required to register under this section shall,
125-5 for each calendar year the person represents an inmate, file a
125-6 representation summary form with the Texas Ethics Commission on a
125-7 form prescribed by the commission. The form must be filed not
125-8 later than the last day of January in the first year following the
125-9 reporting period and include:
125-10 (1) the registrant's full name and address;
125-11 (2) the registrant's normal business, business phone
125-12 number, and business address;
125-13 (3) the full name of any former member or employee of
125-14 the Board of Pardons and Paroles or the Texas Board of Criminal
125-15 Justice or any former employee of the department <Texas Department
125-16 of Criminal Justice> with whom the person:
125-17 (A) is associated;
125-18 (B) has a relationship as an employer or
125-19 employee; or
125-20 (C) maintains a contractual relationship to
125-21 provide services;
125-22 (4) the full name and institutional identification
125-23 number of each inmate the registrant represented in the previous
125-24 calendar year; and
125-25 (5) the amount of compensation the person has received
125-26 for representing each inmate in the previous calendar year.
125-27 (i) The Texas Ethics Commission shall submit to the
126-1 department <pardons and paroles division> a copy of each
126-2 representation summary form that is filed.
126-3 (m) In this section:
126-4 (1) "Compensation" has the meaning assigned by Section
126-5 305.002, Government Code.
126-6 (2) "Inmate" includes an administrative releasee, a
126-7 person imprisoned in the institutional division, and a person
126-8 confined in a transfer facility or county jail awaiting transfer to
126-9 the institutional division or awaiting a revocation hearing.
126-10 (3) "Represent" means to directly or indirectly
126-11 contact in person or by telephone, facsimile transmission, or
126-12 correspondence a member or employee of the board or an employee of
126-13 the department <pardons and paroles division> on behalf of an
126-14 inmate.
126-15 SECTION 2.010. Section 13(a), Article 42.18, Code of
126-16 Criminal Procedure, is amended to read as follows:
126-17 (a) A warrant for the return of a paroled prisoner, a
126-18 prisoner released to mandatory supervision, a prisoner released
126-19 although not eligible for release, a resident released to a
126-20 preparole or work program, a prisoner released on emergency
126-21 reprieve or on furlough, or a person released on a conditional
126-22 pardon to the institution from which the person was paroled,
126-23 released, or pardoned may be issued by the director or a designated
126-24 agent of the director in cases of parole or mandatory supervision,
126-25 or by the board on order by the governor in other cases, if there
126-26 is reason to believe that the person has been released although not
126-27 eligible for release, if the person has been arrested for an
127-1 offense, if there is a verified complaint stating that the person
127-2 violated a rule or condition of release, or if there is reliable
127-3 evidence that the person has exhibited behavior during the person's
127-4 release that indicates to a reasonable person that the person poses
127-5 a danger to society that warrants the person's immediate return to
127-6 custody. The person may be held in custody pending a determination
127-7 of all facts surrounding the alleged offense, violation of a rule
127-8 or condition of release, or dangerous behavior. A designated agent
127-9 of the director acts independently from a parole officer and must
127-10 receive specialized training as determined by the director. Such
127-11 warrant shall authorize all officers named therein to take actual
127-12 custody of the prisoner and detain and house the prisoner until a
127-13 parole panel orders the return of the prisoner to the institution
127-14 from which he was released. Pending hearing, as hereinafter
127-15 provided, upon any charge of parole violation, ineligible release,
127-16 or violation of the conditions of mandatory supervision, a prisoner
127-17 returned to custody shall remain incarcerated. If the director, a
127-18 board member, or a designated agent of the director or the board is
127-19 otherwise authorized to issue a warrant under this subsection, the
127-20 <pardons and paroles> division may instead issue to a prisoner a
127-21 summons requiring the prisoner to appear for a hearing under
127-22 Section 14 of this article. The summons must state the time,
127-23 place, date, and purpose of the hearing.
127-24 SECTION 2.011. Section 14, Article 42.18, Code of Criminal
127-25 Procedure, is amended by amending Subsection (a) and by adding
127-26 Subsection (c) to read as follows:
127-27 (a) Whenever a prisoner or a person granted a conditional
128-1 pardon is accused of a violation of his parole, mandatory
128-2 supervision, or conditional pardon, on information and complaint by
128-3 a law enforcement officer or parole officer, or is arrested after
128-4 an ineligible release, he shall be entitled to be heard on such
128-5 charges before a parole panel or a designee of the board under such
128-6 rules as the board may adopt; provided, however, said hearing shall
128-7 be held within 70 days of the date of arrest under a warrant issued
128-8 by the director or a designated agent of the director or by the
128-9 board on order by the governor and at a time and place set by that
128-10 parole panel or designee. The panel or designee may hold the
128-11 hearing at a date later than the date otherwise required by this
128-12 section if it determines a delay is necessary to assure due process
128-13 for the person, except that the authority issuing the warrant shall
128-14 immediately withdraw the warrant if the hearing is not held before
128-15 the 121st day after the date of arrest<, regardless of whether the
128-16 person agrees to delay the hearing until after that date>. If a
128-17 parole panel or designee determines that a parolee, mandatory
128-18 supervisee, or person granted a conditional pardon has been
128-19 convicted in a court of competent jurisdiction of a felony offense
128-20 committed while an administrative releasee and has been sentenced
128-21 by the court to a term of incarceration in a penal institution, the
128-22 determination is to be considered a sufficient hearing to revoke
128-23 the parole or mandatory supervision or recommend to the governor
128-24 revocation of a conditional pardon without further hearing, except
128-25 that the parole panel or designee shall conduct a hearing to
128-26 consider mitigating circumstances if requested by the parolee,
128-27 mandatory supervisee, or person granted a conditional pardon. A
129-1 parole panel or designee shall consider any allegation made by the
129-2 department that a parolee, mandatory releasee, or person granted a
129-3 conditional pardon has violated a condition of supervision imposed
129-4 by the department and may revoke the parole or mandatory
129-5 supervision or recommend to the governor revocation of conditional
129-6 pardon on a finding that the condition has been violated. When the
129-7 parole panel or designee has heard the facts, the board may
129-8 recommend to the governor that the conditional pardon be continued,
129-9 revoked, or modified, or it may continue, revoke, or modify the
129-10 parole or mandatory supervision, in any manner warranted by the
129-11 evidence. The parole panel or designee must make its
129-12 recommendation or decision no later than the 30th day after the
129-13 date the hearing is concluded. When a person's parole, mandatory
129-14 supervision, or conditional pardon is revoked, that person may be
129-15 required to serve the portion remaining of the sentence on which he
129-16 was released, such portion remaining to be calculated without
129-17 credit for the time from the date of his release to the date of
129-18 revocation. When a warrant is issued charging a violation of
129-19 release conditions, the sentence time credit may be suspended until
129-20 a determination is made in such case and such suspended time credit
129-21 may be reinstated should such parole, mandatory supervision, or
129-22 conditional pardon be continued.
129-23 (c) The requirement in Subsection (a) that a warrant be
129-24 withdrawn does not apply if the person:
129-25 (1) has been removed from the custody of a county
129-26 sheriff by the department and placed in a community residential
129-27 facility;
130-1 (2) is in custody in another state or in a federal
130-2 correctional facility;
130-3 (3) is granted a continuance, not to exceed the 181st
130-4 day after the arrest, or the attorney representing the person or
130-5 the attorney representing the state is granted a continuance, not
130-6 to exceed the 181st day after the arrest; or
130-7 (4) is subject to pending criminal charges that have
130-8 not been adjudicated.
130-9 SECTION 2.012. Sections 15(b) and (c), Article 42.18, Code
130-10 of Criminal Procedure, are amended to read as follows:
130-11 (b) The department <pardons and paroles division> may allow
130-12 a person released on parole or mandatory supervision to serve the
130-13 remainder of the person's sentence without supervision and without
130-14 being required to report if:
130-15 (1) the person has been under the supervision for not
130-16 less than one-half of the time that remained on the person's
130-17 sentence when the person was released from imprisonment and during
130-18 the period of supervision the person's parole or release on
130-19 mandatory supervision has not been revoked; and
130-20 (2) the department <pardons and paroles division>
130-21 determines that:
130-22 (A) the person has made a good faith effort to
130-23 comply with any restitution order imposed on the person by a court
130-24 of competent jurisdiction; and
130-25 (B) allowing the person to serve the remainder
130-26 of the person's sentence without supervision and reporting is in
130-27 the best interest of society.
131-1 (c) The department <pardons and paroles division> may
131-2 require a person released from supervision and reporting under
131-3 Subsection (b) of this section to resubmit to supervision and
131-4 resume reporting at any time, and for any reason.
131-5 SECTION 2.013. Section 17, Article 42.18, Code of Criminal
131-6 Procedure, is amended to read as follows:
131-7 Sec. 17. Supervision Responsibilities. (a) The <pardons
131-8 and paroles> division shall have general responsibility for the
131-9 investigation and supervision of all prisoners released on parole
131-10 and to mandatory supervision.
131-11 (b) The Texas Board of Criminal Justice shall collect
131-12 information on recidivism of releasees under the supervision of the
131-13 department <pardons and paroles division> and use the information
131-14 collected to evaluate operations.
131-15 (c) At any time before <setting> a revocation hearing is
131-16 held <date> under Section 14(a) of this article, the department
131-17 <pardons and paroles division> may withdraw the <a> warrant and
131-18 continue supervision of the <a> released person.
131-19 SECTION 2.014. Section 18, Article 42.18, Code of Criminal
131-20 Procedure, is amended to read as follows:
131-21 Sec. 18. Confidential Information. (a) Except as provided
131-22 by Subsection (b), all <All> information, including victim protest
131-23 letters or other correspondence, victim impact statements, lists of
131-24 inmates eligible for release on parole, and arrest records of
131-25 inmates, obtained and maintained in connection with inmates of the
131-26 institutional division subject to parole, release to mandatory
131-27 supervision, or executive clemency, or individuals who may be on
132-1 mandatory supervision or parole and under the supervision of the
132-2 pardons and paroles division, or persons directly identified in any
132-3 proposed plan of release for a prisoner, is <including victim
132-4 impact statements, lists of inmates eligible for parole, and
132-5 inmates' arrest records, shall be> confidential and privileged
132-6 <information and shall not be subject to public inspection;
132-7 provided, however, that all such information shall be available to
132-8 the governor, the members of the board, and the Criminal Justice
132-9 Policy Council to perform its duties under Section 413.021,
132-10 Government Code, upon request>.
132-11 (b) Statistical <It is further provided that statistical>
132-12 and general information respecting the parole and mandatory
132-13 supervision program and system, including the names of paroled
132-14 prisoners, prisoners released to mandatory supervision, and data
132-15 recorded in connection with parole and mandatory supervision
132-16 services, is not confidential and must <shall> be made available
132-17 for <subject to> public inspection at any reasonable time.
132-18 (c) On request of the governor, a member of the board, the
132-19 Criminal Justice Policy Council in performing duties of the council
132-20 under Section 413.021, Government Code, or an eligible entity
132-21 requesting information for a law enforcement, correctional,
132-22 clemency, or treatment purpose, the department may provide to the
132-23 person or entity information made confidential and privileged by
132-24 this section. A response to a request under this subsection does
132-25 not change the confidential nature of information released.
132-26 (d) In this section, "eligible entity" means:
132-27 (1) a government agency;
133-1 (2) an organization with which the Texas Department of
133-2 Criminal Justice contracts or an organization to which the
133-3 department provides a grant; or
133-4 (3) an organization to which inmates are referred for
133-5 services by the Texas Department of Criminal Justice.
133-6 SECTION 2.015. Section 22, Article 42.18, Code of Criminal
133-7 Procedure, is amended to read as follows:
133-8 Sec. 22. Electronic Monitoring. In order to establish and
133-9 maintain electronic monitoring programs as authorized by this
133-10 article, the department <pardons and paroles division> may fund
133-11 electronic monitoring programs in parole offices, develop standards
133-12 for the operation of electronic monitoring programs in parole
133-13 offices, and provide funds for the purchase, lease, or maintenance
133-14 of electronic monitoring equipment. In determining whether
133-15 electronic monitoring equipment should be leased or purchased, the
133-16 department <pardons and paroles division> shall take into
133-17 consideration the rate at which technological change makes
133-18 electronic monitoring equipment obsolete.
133-19 SECTION 2.016. Section 23, Article 42.18, Code of Criminal
133-20 Procedure, is amended to read as follows:
133-21 Sec. 23. Special Programs. (a) The department <pardons and
133-22 paroles division>, if funds are appropriated to the department
133-23 <division> for that purpose, may enter into contracts for the
133-24 provision of certain services to be provided to releasees under the
133-25 supervision of the division, including the following:
133-26 (1) services to releasees who have a history of mental
133-27 impairment or mental retardation;
134-1 (2) services to releasees who have a history of
134-2 substance abuse; or
134-3 (3) services to releasees who have a history of sexual
134-4 offenses.
134-5 (b) The department <pardons and paroles division> shall seek
134-6 funding for the contracts as a priority item.
134-7 SECTION 2.017. Section 24, Article 42.18, Code of Criminal
134-8 Procedure, is amended to read as follows:
134-9 Sec. 24. Intensive Supervision. The department <pardons and
134-10 paroles division> shall establish a program to provide intensive
134-11 supervision to inmates released under the provisions of Subchapter
134-12 B, Chapter 499 <498>, Government Code, and other inmates determined
134-13 by parole panels or the department <pardons and paroles division>
134-14 to require intensive supervision. The Texas Board of Criminal
134-15 Justice shall adopt rules that establish standards for determining
134-16 which inmates require intensive supervision. The program must
134-17 provide the highest level of supervision provided by the department
134-18 <pardons and paroles division>.
134-19 SECTION 2.018. Section 25, Article 42.18, Code of Criminal
134-20 Procedure, is amended to read as follows:
134-21 Sec. 25. COMMUNITY RESIDENTIAL <COMMUNITY-BASED> FACILITIES.
134-22 (a) The department <pardons and paroles division> may establish
134-23 and operate or contract for the operation of community residential
134-24 <community-based intermediate sanction> facilities to house,
134-25 maintain, and provide services for:
134-26 (1) persons required by a parole panel or the
134-27 department as a condition of parole or mandatory supervision under
135-1 <Section 8(g) of> this article to serve a period in a
135-2 community-based facility; and
135-3 (2) persons whose release on parole or mandatory
135-4 supervision has been continued or modified under Section 14(a) of
135-5 this article, and on whom sanctions have been imposed under that
135-6 section.
135-7 (b) The purpose of a facility authorized by this section is
135-8 to provide housing, supervision, counseling, personal, social, and
135-9 work adjustment training, and other programs for persons described
135-10 by Subsection (a) of this section.
135-11 (c) The department <pardons and paroles division> may not
135-12 establish a community residential facility, enter into a contract
135-13 for a community residential <community-based> facility, change the
135-14 use of a community residential <community-based> facility,
135-15 significantly increase the capacity of a community residential
135-16 <community-based> facility, or increase the capacity of a community
135-17 residential <community-based> facility to more than 500 residents,
135-18 regardless of whether that increase is significant, unless the
135-19 department or a vendor proposing to operate the facility <pardons
135-20 and paroles division> provides notice of the proposed action and a
135-21 hearing on the issues in the same manner as notice and hearing are
135-22 provided <required of the community justice assistance division>
135-23 under Section 9 <10>, Article 42.13<, of this code before the
135-24 division takes an action under Section 5 of that article>. This
135-25 subsection applies to any residential facility that the department
135-26 <pardons and paroles division> establishes or contracts for under
135-27 this article, under Subchapter C, Chapter 497, Government Code, or
136-1 under Subchapter A, Chapter 499, Government Code.
136-2 (d) The Texas Board of Criminal Justice shall adopt rules
136-3 necessary for the management of community residential
136-4 <community-based> facilities authorized by this section.
136-5 (e) The department <pardons and paroles division> may charge
136-6 a reasonable fee to a person housed in a facility authorized by
136-7 this section for the cost of housing, board, and that part of the
136-8 administrative costs of the facility that may be properly allocable
136-9 to the person. A fee imposed under this subsection may not exceed
136-10 the actual costs to the department <pardons and paroles division>
136-11 for services to the person charged for the services. The
136-12 department <pardons and paroles division> may not deny placement in
136-13 a community residential <community-based> facility to a person
136-14 because that person is unable to pay a fee authorized by this
136-15 section.
136-16 (f) A parole panel or a designee of the director <pardons
136-17 and paroles division> may grant a limited release to a person
136-18 placed in a community residential <community-based> facility so
136-19 that the person may maintain or seek employment, education or
136-20 training courses, or housing after release from the facility.
136-21 (g) The department <pardons and paroles division> may enter
136-22 into a contract with a public or private vendor for the financing,
136-23 construction, operation, or management of community residential
136-24 <community-based> facilities using lease-purchase or installment
136-25 sale contracts to provide or supplement housing, board, or
136-26 supervision for persons placed in community residential
136-27 <community-based> facilities. A person housed or supervised in a
137-1 facility operated by a vendor under a contract is subject to the
137-2 same provisions of law as if the housing or supervision were
137-3 provided directly by the department <pardons and paroles division>.
137-4 SECTION 2.019. Section 26, Article 42.18, Code of Criminal
137-5 Procedure, is amended to read as follows:
137-6 Sec. 26. Contracts for Lease of Federal Facilities.
137-7 (a) The department <pardons and paroles division> may contract
137-8 with the federal government for the lease of any military base or
137-9 other federal facility that is not being used by the federal
137-10 government.
137-11 (b) A facility leased under this section may be used by the
137-12 department <pardons and paroles division> for the purpose of
137-13 housing releasees in the custody of the <pardons and paroles>
137-14 division.
137-15 (c) The department <pardons and paroles division> may not
137-16 enter into a contract under this section unless funds have been
137-17 appropriated specifically for the purpose of making payments on
137-18 contracts authorized under this section.
137-19 (d) The department <pardons and paroles division> shall
137-20 attempt to enter into contracts authorized by this section that
137-21 will provide the department <pardons and paroles division> with
137-22 facilities located in the various parts of the state.
137-23 SECTION 2.020. Section 27, Article 42.18, Code of Criminal
137-24 Procedure, is amended to read as follows:
137-25 Sec. 27. Program to Assess and Enhance Educational and
137-26 Vocational Skills. (a) The department <pardons and paroles
137-27 division>, with the assistance of public school districts,
138-1 community and public junior colleges, public and private
138-2 institutions of higher education, and other appropriate public and
138-3 private entities, may establish a developmental program on the
138-4 basis of information developed under Subsection (b)(4), Section 8B,
138-5 <8(k) of this article> for an inmate to be released to the
138-6 supervision of the division.
138-7 (b) The developmental program may provide the inmate with
138-8 the educational and vocational training necessary to:
138-9 (1) meet the average skill level required under
138-10 Section 8B <8(k) of this article>; and
138-11 (2) acquire employment while in the custody <under the
138-12 supervision> of the <pardons and paroles> division, to lessen the
138-13 likelihood that the inmate will return to the institutional
138-14 division.
138-15 (c) To decrease state expenditures for the educational and
138-16 vocational skills assessment and enhancement program established
138-17 under this section, the Texas Department of Commerce shall provide
138-18 information to the department <pardons and paroles division>,
138-19 public school districts, community and public junior colleges,
138-20 public and private institutions of higher education, and other
138-21 appropriate public and private entities for obtaining financial
138-22 assistance through Chapter 301, Labor Code, <the Texas Job-Training
138-23 Partnership Act (Article 4413(52), Vernon's Texas Civil Statutes)>
138-24 and other applicable programs of public or private entities.
138-25 (d) The department <pardons and paroles division> may
138-26 establish a developmental program similar to the program described
138-27 by Subsection (a) of this section for inmates released from the
139-1 institutional division who are not to be supervised by the
139-2 department <division>.
139-3 SECTION 2.021. Section 28, Article 42.18, Code of Criminal
139-4 Procedure, is amended to read as follows:
139-5 Sec. 28. Reporting and Management Services. The department
139-6 <pardons and paroles division>, with the approval of the Texas
139-7 Board of Criminal Justice, may enter into a contract with a public
139-8 or private vendor for the provision of telephone reporting,
139-9 automated caseload management, and collection services for fines,
139-10 fees, restitution, and other costs ordered to be paid by a court or
139-11 fees collected <imposed> by the division.
139-12 SECTION 2.022. Article 48.01, Code of Criminal Procedure, is
139-13 amended to read as follows:
139-14 Art. 48.01. Governor may pardon. In all criminal cases,
139-15 except treason and impeachment, the Governor shall have power,
139-16 after conviction, on the written signed recommendation and advice
139-17 of a panel of the Board of Pardons and Paroles<, or a majority
139-18 thereof>, to grant reprieves and commutations of punishments and
139-19 pardons; and upon the written recommendation and advice of a
139-20 majority of a panel of the Board of Pardons and Paroles, he shall
139-21 have the power to remit fines and forfeitures. The Governor shall
139-22 have the power to grant one reprieve in any capital case for a
139-23 period not to exceed 30 days; and he shall have power to revoke
139-24 <paroles and> conditional pardons. With the advice and consent of
139-25 the Legislature, the Governor may grant reprieves, commutations of
139-26 punishment and pardons in cases of treason.
139-27 SECTION 2.023. Section 23, Article 51.13, Code of Criminal
140-1 Procedure, is amended to read as follows:
140-2 Sec. 23. 1. When the return to this State of a person
140-3 charged with crime in this State is required, the State's attorney
140-4 shall present to the Governor his written motion for a requisition
140-5 for the return of the person charged, in which motion shall be
140-6 stated the name of the person so charged, the crime charged against
140-7 him, the approximate time, place and circumstances of its
140-8 commission, the State in which he is believed to be, including the
140-9 location of the accused therein at the time the motion is made and
140-10 certifying that, in the opinion of the said State's attorney the
140-11 ends of justice require the arrest and return of the accused to
140-12 this State for trial and that the proceeding is not instituted to
140-13 enforce a private claim.
140-14 2. When the return to this State is required of a person who
140-15 has been convicted of a crime in this State and has escaped from
140-16 confinement, or broken the terms of his bail, probation or parole,
140-17 the prosecuting attorney of the county in which the offense was
140-18 committed, the parole division of the Texas Department of Criminal
140-19 Justice <board>, or the warden of the institution or sheriff of the
140-20 county, from which escape was made, shall present to the Governor a
140-21 written application for a requisition for the return of such
140-22 person, in which application shall be stated the name of the
140-23 person, the crime of which he was convicted, the circumstances of
140-24 his escape from confinement, or the circumstances of the breach of
140-25 the terms of his bail, probation or parole, the State in which he
140-26 is believed to be, including the location of the person therein at
140-27 the time application is made.
141-1 3. The application shall be verified by affidavit, shall be
141-2 executed in duplicate and shall be accompanied by two certified
141-3 copies of the indictment returned, or information and affidavit
141-4 filed, or of the complaint made to the judge or magistrate, stating
141-5 the offense with which the accused is charged, or of the judgment
141-6 of conviction or of the sentence. The prosecuting officer, parole
141-7 division of the Texas Department of Criminal Justice <board>,
141-8 warden or sheriff may also attach such further affidavits and other
141-9 documents in duplicate as are <he shall deem> proper to be
141-10 submitted with such application. One copy of the application, with
141-11 the action of the Governor indicated by endorsement thereon, and
141-12 one of the certified copies of the indictment, complaint,
141-13 information, and affidavits, or of the judgment of conviction or of
141-14 the sentence shall be filed in the office of the Secretary of State
141-15 to remain on record in that office. The other copies of all papers
141-16 shall be forwarded with the Governor's requisition.
141-17 SECTION 2.024. Subsections (a) and (c), Article 56.08, Code
141-18 of Criminal Procedure, are amended to read as follows:
141-19 (a) Not later than the 10th day after the date that an
141-20 indictment or information is returned against a defendant for an
141-21 offense, the attorney representing the state shall give to each
141-22 victim of the offense a written notice containing:
141-23 (1) a brief general statement of each procedural stage
141-24 in the processing of a criminal case, including bail, plea
141-25 bargaining, parole restitution, and appeal;
141-26 (2) notification of the rights and procedures under
141-27 this chapter;
142-1 (3) suggested steps the victim may take if the victim
142-2 is subjected to threats or intimidation;
142-3 (4) notification of the right to receive information
142-4 regarding compensation to victims of crime as provided by
142-5 Subchapter B <the Crime Victims Compensation Act (Article 8309-1,
142-6 Vernon's Texas Civil Statutes)>, including information about:
142-7 (A) the costs that may be compensated under that
142-8 subchapter <Act>, eligibility for compensation, and procedures for
142-9 application for compensation under that subchapter <Act>;
142-10 (B) the payment for a medical examination for a
142-11 victim of a sexual assault under Article 56.06 of this code; and
142-12 (C) referral to available social service
142-13 agencies that may offer additional assistance;
142-14 (5) the name, address, and phone number of the local
142-15 victim assistance coordinator;
142-16 (6) the case number and assigned court for the case;
142-17 and
142-18 (7) the right to file a victim impact statement with
142-19 the office of the attorney representing the state and the <pardons
142-20 and paroles division of the> Texas Department of Criminal Justice.
142-21 (c) A victim who receives a notice under Subsection (a) of
142-22 this article and who chooses to receive other notice under law
142-23 about the same case must keep the following persons informed of the
142-24 victim's current address and phone number:
142-25 (1) the attorney representing the state; and
142-26 (2) the <pardons and paroles division of the> Texas
142-27 Department of Criminal Justice if after sentencing the defendant is
143-1 confined in the institutional division.
143-2 SECTION 2.025. Subsection (c), Article 60.052, Code of
143-3 Criminal Procedure, is amended to read as follows:
143-4 (c) Information in the corrections tracking system relating
143-5 to the handling of offenders must include the following information
143-6 about each imprisonment, confinement, or execution of an offender:
143-7 (1) the date of the imprisonment or confinement;
143-8 (2) if the offender was sentenced to death:
143-9 (A) the date of execution; and
143-10 (B) if the death sentence was commuted, the
143-11 sentence to which the sentence of death was commuted and the date
143-12 of commutation;
143-13 (3) the date the offender was released from
143-14 imprisonment or confinement and whether the release was a discharge
143-15 or a release on parole or mandatory supervision;
143-16 (4) if the offender is released on parole or mandatory
143-17 supervision:
143-18 (A) the offense for which the offender was
143-19 convicted by offense code and incident number;
143-20 (B) the date the offender was received by an
143-21 office of the parole <Board of Pardons and Paroles> division of the
143-22 Texas Department of Criminal Justice;
143-23 (C) the county in which the offender resides
143-24 while under supervision;
143-25 (D) any program in which an offender is placed
143-26 or has previously been placed and the level of supervision the
143-27 offender is placed on while under the jurisdiction of the parole
144-1 <Board of Pardons and Paroles> division of the Texas Department of
144-2 Criminal Justice;
144-3 (E) the date a program described by Paragraph
144-4 (D) of this subdivision begins, the date the program ends, and
144-5 whether the program was completed successfully;
144-6 (F) the date a level of supervision described by
144-7 Paragraph (D) of this subdivision begins and the date the level of
144-8 supervision ends;
144-9 (G) if the offender's release status is revoked,
144-10 the reason for the revocation and the date of revocation;
144-11 (H) the expiration date of the sentence; and
144-12 (I) the date of the offender's release from the
144-13 parole <Board of Pardons and Paroles> division of the Texas
144-14 Department of Criminal Justice or the date on which the offender is
144-15 granted clemency; and
144-16 (5) if the offender is released under Section 6(a),
144-17 Article 42.12, of this code, the date of the offender's release.
144-18 SECTION 2.026. Section 11.002, Election Code, is amended to
144-19 read as follows:
144-20 Sec. 11.002. Qualified Voter. In this code, "qualified
144-21 voter" means a person who:
144-22 (1) is 18 years of age or older;
144-23 (2) is a United States citizen;
144-24 (3) has not been determined mentally incompetent by a
144-25 final judgment of a court;
144-26 (4) has not been finally convicted of a felony or, if
144-27 so convicted, has:
145-1 (A) been issued discharge papers by the <pardons
145-2 and paroles division or institutional division of the> Texas
145-3 Department of Criminal Justice, or by a federal or other state
145-4 correctional institution or parole board, or completed a period of
145-5 probation ordered by any court and at least two years have elapsed
145-6 from the date of the issuance or completion; or
145-7 (B) been pardoned or otherwise released from the
145-8 resulting disability to vote;
145-9 (5) is a resident of this state; and
145-10 (6) is a registered voter.
145-11 SECTION 2.027. Section 13.001(a), Election Code, is amended
145-12 to read as follows:
145-13 (a) To be eligible for registration as a voter in this
145-14 state, a person must:
145-15 (1) be 18 years of age or older;
145-16 (2) be a United States citizen;
145-17 (3) not have been determined mentally incompetent by a
145-18 final judgment of a court;
145-19 (4) not have been finally convicted of a felony or, if
145-20 so convicted, must have:
145-21 (A) been issued discharge papers by the <pardons
145-22 and paroles division or institutional division of the> Texas
145-23 Department of Criminal Justice, or by a federal or other state
145-24 correctional institution or parole board, or completed a period of
145-25 probation ordered by any court and at least two years have elapsed
145-26 from the date of the issuance or completion; or
145-27 (B) been pardoned or otherwise released from the
146-1 resulting disability to vote; and
146-2 (5) be a resident of the county in which application
146-3 for registration is made.
146-4 SECTION 2.028. Section 32.22(b), Family Code, is amended to
146-5 read as follows:
146-6 (b) A court may order a change of name for a person finally
146-7 convicted of a felony if, in addition to the requirements of
146-8 Subsection (a), the person has:
146-9 (1) received a certificate of discharge by the
146-10 <pardons and paroles division of the> Texas Department of Criminal
146-11 Justice or completed a period of probation ordered by a court and
146-12 at least two calendar years have elapsed from the date of the
146-13 receipt of discharge or completion of probation; or
146-14 (2) been pardoned.
146-15 SECTION 2.029. Section 615.003, Government Code, is amended
146-16 to read as follows:
146-17 Sec. 615.003. Applicability. This chapter applies only to
146-18 eligible survivors of the following individuals:
146-19 (1) a peace officer as defined by Article 2.12, Code
146-20 of Criminal Procedure;
146-21 (2) a paid probation officer appointed by the director
146-22 of a community supervision and corrections department who has the
146-23 duties set out in Section 2 and the qualifications set out in
146-24 Section 5, Article 42.131, Code of Criminal Procedure, or who was
146-25 appointed in accordance with prior law;
146-26 (3) a parole officer employed by the <pardons and
146-27 paroles division of the> Texas Department of Criminal Justice who
147-1 has the duties set out in Section 2 and the qualifications set out
147-2 in Section 19, Article 42.18, Code of Criminal Procedure;
147-3 (4) a paid jailer;
147-4 (5) a member of an organized police reserve or
147-5 auxiliary unit who regularly assists peace officers in enforcing
147-6 criminal laws;
147-7 (6) a member of the class of employees of the
147-8 institutional division of the Texas Department of Criminal Justice
147-9 formally designated as custodial personnel under Section 615.006 by
147-10 the Texas Board of Criminal Justice or its predecessor in function;
147-11 (7) a jailer or guard of a county jail who is
147-12 appointed by the sheriff and who:
147-13 (A) performs a security, custodial, or
147-14 supervisory function over the admittance, confinement, or discharge
147-15 of prisoners; and
147-16 (B) is certified by the Texas Commission on Law
147-17 Enforcement Officer Standards and Education;
147-18 (8) a juvenile correctional employee of the Texas
147-19 Youth Commission;
147-20 (9) an employee of the maximum security unit of the
147-21 Texas Department of Mental Health and Mental Retardation;
147-22 (10) an individual who is employed by the state or a
147-23 political or legal subdivision and is subject to certification by
147-24 the Texas Commission on Fire Protection;
147-25 (11) an individual employed by the state or a
147-26 political or legal subdivision whose principal duties are aircraft
147-27 crash and rescue fire fighting;
148-1 (12) a member of an organized volunteer fire-fighting
148-2 unit that:
148-3 (A) renders fire-fighting services without
148-4 remuneration;
148-5 (B) consists of not fewer than 20 active
148-6 members, a majority of which are present at each meeting; and
148-7 (C) conducts a minimum of two drills each month,
148-8 each two hours long; or
148-9 (13) a game warden who is an employee of the state and
148-10 who receives full-time pay for the enforcement of game laws and
148-11 rules.
148-12 SECTION 2.030. Section 2001.223, Government Code, is amended
148-13 to read as follows:
148-14 Sec. 2001.223. Exceptions From Declaratory Judgment, Court
148-15 Enforcement, and Contested Case Provisions. Section 2001.038 and
148-16 Subchapters C through H do not apply to:
148-17 (1) the granting, payment, denial, or withdrawal of
148-18 financial or medical assistance or benefits under service programs
148-19 of the Texas Department of Human Services;
148-20 (2) action by the Banking Commissioner or the State
148-21 Banking Board regarding the issuance of a state bank charter for a
148-22 bank to assume the assets and liabilities of a state bank that the
148-23 commissioner determines to be in an unsafe condition as defined by
148-24 Section 1, Article 1a, Chapter VIII, The Texas Banking Code
148-25 (Article 342-801a, Vernon's Texas Civil Statutes);
148-26 (3) a hearing or interview conducted by the Board of
148-27 Pardons and Paroles <or the pardons and paroles division of the
149-1 Texas Department of Criminal Justice> relating to the grant,
149-2 rescission, or revocation of parole or other form of administrative
149-3 release; or
149-4 (4) the suspension, revocation, or termination of the
149-5 certification of a breath analysis operator or technical supervisor
149-6 under the rules of the Department of Public Safety.
149-7 SECTION 2.031. Section 111.058, Human Resources Code, is
149-8 amended to read as follows:
149-9 Sec. 111.058. Criminal Conviction Record Information.
149-10 (a) The commission may obtain criminal conviction record
149-11 information from the <pardons and paroles division and
149-12 institutional division of the> Texas Department of Criminal Justice
149-13 and from the Texas Department of Public Safety if the conviction
149-14 records relate to:
149-15 (1) an applicant selected for employment with the
149-16 commission;
149-17 (2) an applicant for rehabilitation services; or
149-18 (3) a client of the commission.
149-19 (b) The <pardons and paroles division and institutional
149-20 division of the> Texas Department of Criminal Justice and the Texas
149-21 Department of Public Safety upon request shall supply to the
149-22 commission criminal conviction record information relating to
149-23 applicants selected for employment with the commission, applicants
149-24 for rehabilitation services, or clients of the commission. The
149-25 commission shall treat all criminal conviction record information
149-26 as privileged and confidential and for commission use only.
149-27 SECTION 2.032. Section 533.085(a), Health and Safety Code,
150-1 is amended to read as follows:
150-2 (a) With the written approval of the governor, the
150-3 department may contract with<:>
150-4 <(1) the institutional division of> the Texas
150-5 Department of Criminal Justice to transfer facilities to that
150-6 department or otherwise provide facilities for inmates with mental
150-7 illness or mental retardation in the custody of that department<;
150-8 and>
150-9 <(2) the pardons and paroles division of the Texas
150-10 Department of Criminal Justice to transfer facilities to that board
150-11 or otherwise provide facilities for persons with mental illness or
150-12 mental retardation paroled or released under that board's
150-13 supervision>.
150-14 SECTION 2.033. Section 614.002(c), Health and Safety Code,
150-15 is amended to read as follows:
150-16 (c) The executive head of each of the following agencies,
150-17 divisions of agencies, or associations, or that person's designated
150-18 representative, shall serve as a member of the council:
150-19 (1) the institutional division of the Texas Department
150-20 of Criminal Justice;
150-21 (2) the Texas Department of Mental Health and Mental
150-22 Retardation;
150-23 (3) the parole <pardons and paroles> division of the
150-24 Texas Department of Criminal Justice;
150-25 (4) the community justice assistance division of the
150-26 Texas Department of Criminal Justice;
150-27 (5) the state jail division of the Texas Department of
151-1 Criminal Justice;
151-2 (6) the Texas Juvenile Probation Commission;
151-3 (7) <(6)> the Texas Youth Commission;
151-4 (8) <(7)> the Texas Rehabilitation Commission;
151-5 (9) <(8)> the Central Education Agency;
151-6 (10) <(9)> the Criminal Justice Policy Council;
151-7 (11) <(10)> the Mental Health Association in Texas;
151-8 (12) <(11)> the Texas Commission on Alcohol and Drug
151-9 Abuse;
151-10 (13) <(12)> the Commission on Law Enforcement Officer
151-11 Standards and Education;
151-12 (14) <(13)> the Texas Council of Community Mental
151-13 Health and Mental Retardation Centers;
151-14 (15) <(14)> the Commission on Jail Standards;
151-15 (16) <(15)> the Texas Planning Council for
151-16 Developmental Disabilities;
151-17 (17) <(16)> the Texas Association for Retarded
151-18 Citizens;
151-19 (18) <(17)> the Texas Alliance for the Mentally Ill;
151-20 (19) <(18)> the Parent Association for the Retarded of
151-21 Texas, Inc.;
151-22 (20) <(19)> the Texas Department of Human Services;
151-23 and
151-24 (21) <(20)> the Texas Department on Aging.
151-25 SECTION 2.034. Section 93C(a), Public Utility Regulatory Act
151-26 (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
151-27 as follows:
152-1 (a) A telecommunications utility that transports or provides
152-2 a "1-900" service under a contract authorized by Article 42.131 or
152-3 42.18, Code of Criminal Procedure, and its subsequent amendments
152-4 that is used by a defendant under the supervision of a community
152-5 supervision and corrections department or the parole <pardons and
152-6 paroles> division of the Texas Department of Criminal Justice to
152-7 pay a fee or cost or to comply with telephone reporting
152-8 requirements may adjust or authorize the adjustment of an
152-9 end-user's bill for those fees or costs or charges for reporting
152-10 only with the consent of the contracting community supervision and
152-11 corrections department or the contracting parole <pardons and
152-12 paroles> division of the Texas Department of Criminal Justice.
152-13 SECTION 2.035. Section 3(b), Chapter 462, Acts of the 68th
152-14 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
152-15 Texas Civil Statutes), is amended to read as follows:
152-16 (b) An interagency advisory committee may advise the council
152-17 on administering its duties under this Act. The interagency
152-18 advisory committee is composed of 11 members. The executive head
152-19 of each of the following agencies or the designated representative
152-20 of the executive head shall serve as a member of the interagency
152-21 advisory committee: the <institutional division of the> Texas
152-22 Department of Criminal Justice, <pardons and paroles division of
152-23 the Texas Department of Criminal Justice, community justice
152-24 assistance division of the Texas Department of Criminal Justice,>
152-25 Texas Juvenile Probation Commission, Texas Department of Mental
152-26 Health and Mental Retardation, Texas Youth Commission, Sam Houston
152-27 State University, Department of Protective and Regulatory Services,
153-1 Texas Council of Community Mental Health and Mental Retardation
153-2 Centers, and Texas Department of Health. The director of the
153-3 Criminal Justice Division of the Governor's Office or the
153-4 designated representative of the director shall serve as a member
153-5 of the interagency advisory committee.
153-6 SECTION 2.036. This article takes effect September 1, 1995.
153-7 ARTICLE 3
153-8 SECTION 3.001. Sections 8(a), (b), (c), (d), (f), (h), and
153-9 (i), Article 42.09, Code of Criminal Procedure, are amended to read
153-10 as follows:
153-11 (a) A county that transfers a defendant to the
153-12 <institutional division of the> Texas Department of Criminal
153-13 Justice under this article shall deliver to an officer designated
153-14 by the department <the director of the division>:
153-15 (1) a copy of the judgment entered pursuant to Article
153-16 42.01 of this code, completed on a standardized felony judgment
153-17 form described by Section 4 of that article;
153-18 (2) a copy of any order revoking community supervision
153-19 <probation> and imposing sentence pursuant to Section 23, Article
153-20 42.12, of this code, including:
153-21 (A) any amounts owed for restitution, fines, and
153-22 court costs, completed on a standardized felony judgment form
153-23 described by Section 4, Article 42.01, of this code; and
153-24 (B) a copy of the client supervision plan
153-25 prepared for the defendant by the community supervision and
153-26 corrections department supervising the defendant, if such a plan
153-27 was prepared;
154-1 (3) a written report that states the nature and the
154-2 seriousness of each offense and that states the citation to the
154-3 provision or provisions of the Penal Code or other law under which
154-4 the defendant was convicted;
154-5 (4) a copy of the victim impact statement, if one has
154-6 been prepared in the case under Article 56.03 of this code;
154-7 (5) a statement as to whether there was a change in
154-8 venue in the case and, if so, the names of the county prosecuting
154-9 the offense and the county in which the case was tried;
154-10 (6) a copy of the record of arrest for each offense;
154-11 (7) if requested, information regarding the criminal
154-12 history of the defendant, including the defendant's state
154-13 identification number if the number has been issued;
154-14 (8) a copy of the indictment or information for each
154-15 offense;
154-16 (9) a checklist sent by the department to the county
154-17 and completed by the county in a manner indicating that the
154-18 documents required by this subsection and Subsection (c) of this
154-19 section accompany the defendant; and
154-20 (10) a copy of a presentence or postsentence
154-21 investigation report prepared under Section 9, Article 42.12 of
154-22 this code.
154-23 (b) The <institutional division of the> Texas Department of
154-24 Criminal Justice shall not take a defendant into custody under this
154-25 article until the designated officer <director> receives the
154-26 documents required by Subsections (a) and (c) of this section. The
154-27 designated officer <director> shall certify under the seal of the
155-1 department <institutional division> the documents received under
155-2 Subsections (a) and (c) of this section. A document certified
155-3 under this subsection is self-authenticated for the purposes of
155-4 Rules 901 and 902, Texas Rules of Criminal Evidence.
155-5 (c) A county that transfers a defendant to the
155-6 <institutional division of the> Texas Department of Criminal
155-7 Justice under this article shall also deliver to the designated
155-8 officer <director of the division> any presentence or postsentence
155-9 investigation report, revocation report, psychological or
155-10 psychiatric evaluation of the defendant, and available social or
155-11 psychological background information relating to the defendant and
155-12 may deliver to the designated officer <director> any additional
155-13 information upon which the judge or jury bases the punishment
155-14 decision.
155-15 (d) The institutional division of the Texas Department of
155-16 Criminal Justice shall make documents received under Subsections
155-17 (a) and (c) of this section available to the parole <pardons and
155-18 paroles> division on the request of the parole <pardons and
155-19 paroles> division.
155-20 (f) Except as provided by Subsection (g) of this section,
155-21 the county sheriff is responsible for ensuring that documents and
155-22 information required by this section accompany defendants sentenced
155-23 by district courts in the county to <terms of imprisonment in the
155-24 institutional division of> the Texas Department of Criminal
155-25 Justice.
155-26 (h) If a parole panel releases on parole a person who is
155-27 confined in a jail in this state, a federal correctional
156-1 institution, or a correctional institution in another state, the
156-2 <pardons and paroles division of the> Texas Department of Criminal
156-3 Justice shall request the sheriff who would otherwise be required
156-4 to transfer the person to the department <institutional division>
156-5 to forward to the department <both divisions> the information
156-6 described by Subsections (a) and (c) of this section. The sheriff
156-7 shall comply with the request of the department <pardons and
156-8 paroles division>. The department <pardons and paroles division>
156-9 shall determine whether the information forwarded by the sheriff
156-10 under this subsection contains a thumbprint taken from the person
156-11 in the manner provided by Article 38.33 of this code and, if not,
156-12 the department <division> shall obtain a thumbprint taken in the
156-13 manner provided by that article and shall forward the thumbprint to
156-14 the department <institutional division> for inclusion with the
156-15 information sent by the sheriff.
156-16 (i) A county may deliver the documents required under
156-17 Subsections (a) and (c) of this section to the <institutional
156-18 division of the> Texas Department of Criminal Justice by electronic
156-19 means. For purposes of this subsection, "electronic means" means
156-20 the transmission of data between word processors, data processors,
156-21 or similar automated information equipment over dedicated cables,
156-22 commercial lines, or other similar methods of transmission.
156-23 SECTION 3.002. (a) Section 1, Article 42.11, Code of
156-24 Criminal Procedure, is amended to read as follows:
156-25 Sec. 1. This Act may be cited as the Uniform Act for
156-26 out-of-State probationer and parolee supervision.
156-27 (b) The article heading of Article 42.11, Code of Criminal
157-1 Procedure, is amended to read as follows:
157-2 Art. 42.11. UNIFORM ACT FOR OUT-OF-STATE PROBATIONER AND
157-3 PAROLEE SUPERVISION
157-4 SECTION 3.003. Sections 9(e), (j), and (k), Article 42.12,
157-5 Code of Criminal Procedure, are amended to read as follows:
157-6 (e) The judge shall allow the defendant or his attorney to
157-7 comment on a presentence investigation or a postsentence <the>
157-8 report and, with the approval of the judge, introduce testimony or
157-9 other information alleging a factual inaccuracy in the
157-10 investigation or report.
157-11 (j) The judge by order may direct that any information and
157-12 records that are not privileged and that are relevant to a <the>
157-13 report required by Subsection (a) or Subsection (k) of this section
157-14 be released to an <the> officer conducting a <the> presentence
157-15 investigation under Subsection (i) of this section or a
157-16 postsentence report under Subsection (k) of this section. The
157-17 judge may also issue a subpoena to obtain that information. A
157-18 <The> report and all information obtained in connection with a
157-19 <the> presentence investigation or postsentence report are
157-20 confidential and may be released only to those persons and under
157-21 those circumstances authorized under Subsections (d), (e), (f),
157-22 (h), and (k) <and (g)> of this section and as directed by the judge
157-23 for the effective supervision of the defendant. Medical and
157-24 psychiatric records obtained by court order shall be kept separate
157-25 from the defendant's community supervision file and may be released
157-26 only by order of the judge.
157-27 (k) If a presentence report in a felony case is not required
158-1 under this section, the judge shall direct the officer to prepare a
158-2 postsentence report containing the same information that would have
158-3 been required for the presentence report, other than a proposed
158-4 client supervision plan and any information that is reflected in
158-5 the judgment. The officer shall send the postsentence report to
158-6 the clerk of the court not later than the 30th day after the date
158-7 on which sentence is pronounced or deferred adjudication is
158-8 granted, and the clerk shall deliver <file> the postsentence report
158-9 with the papers in the case to a designated officer of the Texas
158-10 Department of Criminal Justice, as required by Section 8(a),
158-11 Article 42.09.
158-12 SECTION 3.004. Section 11(a), Article 42.12, Code of
158-13 Criminal Procedure, as amended by Section 2, Chapter 806, and
158-14 Section 4.01, Chapter 900, Acts of the 73rd Legislature, Regular
158-15 Session, 1993, is revised and amended to read as follows:
158-16 (a) The judge of the court having jurisdiction of the case
158-17 shall determine the conditions of community supervision and may, at
158-18 any time, during the period of community supervision alter or
158-19 modify the conditions <as provided by Sections 10 and 22 of this
158-20 article>. The judge may impose any reasonable condition that is
158-21 designed to protect or restore the community, protect or restore
158-22 the victim, or punish, rehabilitate, or reform the defendant.
158-23 Conditions of community supervision may include, but shall not be
158-24 limited to, the conditions that the defendant shall:
158-25 (1) Commit no offense against the laws of this State
158-26 or of any other State or of the United States;
158-27 (2) Avoid injurious or vicious habits;
159-1 (3) Avoid persons or places of disreputable or harmful
159-2 character;
159-3 (4) Report to the supervision officer as directed by
159-4 the judge or supervision officer and obey all rules and regulations
159-5 of the community supervision and corrections department;
159-6 (5) Permit the supervision officer to visit him at his
159-7 home or elsewhere;
159-8 (6) Work faithfully at suitable employment as far as
159-9 possible;
159-10 (7) Remain within a specified place;
159-11 (8) Pay his fine, if one be assessed, and all court
159-12 costs whether a fine be assessed or not, in one or several sums;
159-13 (9) Support his dependents;
159-14 (10) Participate, for a time specified by the judge in
159-15 any community-based program, including a community-service work
159-16 program under Section 16 of this article;
159-17 (11) Reimburse the county in which the prosecution was
159-18 instituted for compensation paid to appointed counsel for defending
159-19 him in the case, if counsel was appointed, or if he was represented
159-20 by a county-paid public defender, in an amount that would have been
159-21 paid to an appointed attorney had the county not had a public
159-22 defender;
159-23 (12) Remain under custodial supervision in a community
159-24 corrections facility, obey all rules and regulations of such
159-25 facility, and pay a percentage of his income to the facility for
159-26 room and board;
159-27 (13) Pay a percentage of his income to his dependents
160-1 for their support while under custodial supervision in a community
160-2 corrections facility;
160-3 (14) Submit to testing for alcohol or controlled
160-4 substances;
160-5 (15) Attend counseling sessions for substance abusers
160-6 or participate in substance abuse treatment services in a program
160-7 or facility approved or licensed by the Texas Commission on Alcohol
160-8 and Drug Abuse;
160-9 (16) Register under Article 6252-13c.1, Revised
160-10 Statutes;
160-11 (17) With the consent of the victim of a misdemeanor
160-12 offense or of any offense under Title 7, Penal Code, participate
160-13 in victim-defendant mediation;
160-14 (18) <(19)> Submit to electronic monitoring;
160-15 (19) <(20)> Reimburse the general revenue fund <crime
160-16 victims compensation fund created under the Crime Victims
160-17 Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes)>
160-18 for any amounts paid under the Crime Victims' Compensation Act
160-19 (Subchapter B, Chapter 56, of this code) from that fund to a
160-20 victim, as defined by Article 56.01 of this code, of the
160-21 defendant's offense;
160-22 (20) <(21)> Reimburse a law enforcement agency for the
160-23 analysis, storage, or disposal of raw materials, controlled
160-24 substances, chemical precursors, drug paraphernalia, or other
160-25 materials seized in connection with the offense;
160-26 (21) <(22)> Pay all or part of the reasonable and
160-27 necessary costs incurred by the victim for psychological counseling
161-1 made necessary by the offense or for counseling and education
161-2 relating to acquired immune deficiency syndrome or human
161-3 immunodeficiency virus made necessary by the offense; and
161-4 (22) <(23)> Make one payment in an amount not to
161-5 exceed $50 to a local crime stoppers program as defined by Section
161-6 414.001, Government Code, and as certified by the Crime Stoppers
161-7 Advisory Council.
161-8 SECTION 3.005. Section 14(a), Article 42.12, Code of
161-9 Criminal Procedure, as amended by Chapter 900, Acts of the 73rd
161-10 Legislature, Regular Session, 1993, is amended to read as follows:
161-11 (a) If a court places a defendant on community supervision
161-12 under any provision of this article as an alternative to
161-13 imprisonment, the judge may require as a condition of community
161-14 supervision that the defendant serve a term of confinement and
161-15 treatment in a substance abuse treatment facility operated by the
161-16 Texas Department of Criminal Justice under Section 493.009,
161-17 Government Code. A term of confinement and treatment imposed under
161-18 this section must be an indeterminate term of not more than one
161-19 year <or less than six months>.
161-20 SECTION 3.006. Section 14(b), Article 42.12, Code of
161-21 Criminal Procedure, as amended by Chapter 900, Acts of the 73rd
161-22 Legislature, Regular Session, 1993, is amended to read as follows:
161-23 (b) A judge may impose the condition of community
161-24 supervision created under this section if:
161-25 (1) the judge places the defendant on community
161-26 supervision under this article;
161-27 (2) the defendant is charged with or convicted of a
162-1 felony other than:
162-2 (A) a felony under Section 21.11, 22.011, or
162-3 22.021, <or 25.06,> Penal Code; or
162-4 (B) criminal attempt of a felony under Section
162-5 21.11, 22.011, or 22.021, Penal Code; and
162-6 (3) the judge makes an affirmative finding that:
162-7 (A) drug or alcohol abuse significantly
162-8 contributed to the commission of the crime or violation of
162-9 community supervision; and
162-10 (B) the defendant is a suitable candidate for
162-11 treatment, as determined by the suitability criteria established by
162-12 the Texas Board of Criminal Justice under Section 493.009(b),
162-13 Government Code.
162-14 SECTION 3.007. Section 15(h), Article 42.12, Code of
162-15 Criminal Procedure, as amended by Chapter 900, Acts of the 73rd
162-16 Legislature, Regular Session, 1993, is amended to read as follows:
162-17 (h)(1) A defendant confined in a state jail felony facility
162-18 after revocation of community supervision does not earn good
162-19 conduct time for time served in the facility.
162-20 (2) A judge may credit against any time a defendant is
162-21 subsequently required to serve in a state jail felony facility
162-22 after revocation of community supervision time served by the
162-23 defendant in county jail:
162-24 (A) from the time of the defendant's arrest and
162-25 confinement until sentencing by the trial court; and
162-26 (B) as a condition of community supervision
162-27 under Subsection (d) of this section<; and>
163-1 <(C) after modification of community
163-2 supervision>.
163-3 (3) A judge shall credit against any time a defendant
163-4 is subsequently required to serve in a state jail felony facility
163-5 after revocation of community supervision any time served by the
163-6 defendant in a state jail felony facility after sentencing.
163-7 SECTION 3.008. Section 16, Article 42.12, Code of Criminal
163-8 Procedure, is amended to read as follows:
163-9 Sec. 16. Community Service. (a) A judge shall require as a
163-10 condition of community supervision, that the defendant work a
163-11 specified number of hours at a community service project or
163-12 projects for an organization or organizations approved by the judge
163-13 and designated by the department, unless the judge determines and
163-14 notes on the order placing the defendant on community supervision
163-15 that:
163-16 (1) the defendant is physically or mentally incapable
163-17 of participating in the project;
163-18 (2) participating in the project will work a hardship
163-19 on the defendant or the defendant's dependents;
163-20 (3) the defendant is to be confined in a substance
163-21 abuse punishment facility as a condition of community supervision;
163-22 or
163-23 (4) there is other good cause shown.
163-24 (b) The amount of community service work ordered by the
163-25 judge:
163-26 (1) may not exceed 1,000 hours and may not be less
163-27 than 320 hours for an offense classified as a first degree felony;
164-1 (2) may not exceed 800 hours and may not be less than
164-2 240 hours for an offense classified as a second degree felony;
164-3 (3) may not exceed 600 hours and may not be less than
164-4 160 hours for an offense classified as a third degree felony;
164-5 (4) may not exceed 400 hours and may not be less than
164-6 120 hours for an offense classified as a state jail felony;
164-7 (5) may not exceed 200 hours and may not be less than
164-8 80 hours for an offense classified as a Class A misdemeanor or for
164-9 any other misdemeanor for which the maximum permissible
164-10 confinement, if any, exceeds six months or the maximum permissible
164-11 fine, if any, exceeds $4,000; and
164-12 (6) may not exceed 100 hours and may not be less than
164-13 24 hours for an offense classified as a Class B misdemeanor or for
164-14 any other misdemeanor for which the maximum permissible
164-15 confinement, if any, does not exceed six months and the maximum
164-16 permissible fine, if any, does not exceed $4,000.
164-17 (c) <If the judge modifies the defendant's terms of
164-18 community supervision to include confinement in a state jail felony
164-19 facility, the judge shall order the defendant to continue to work
164-20 towards fulfillment of his work requirement during his period of
164-21 confinement.>
164-22 <(d)> A defendant required to perform community service
164-23 under this section is not a state employee for the purposes of
164-24 Article 8309g or 8309h, Revised Statutes.
164-25 <(e) An employee of the Texas Department of Criminal
164-26 Justice, sheriff, employee of a sheriff's department, county
164-27 commissioner, county employee, county judge, employee of a
165-1 community corrections and supervision department, restitution
165-2 center, or officer or employee of a political subdivision other
165-3 than a county is not liable for damages arising from an act or
165-4 failure to act in connection with community service performed by an
165-5 inmate pursuant to court order under this article or in connection
165-6 with an inmate or offender programmatic or nonprogrammatic
165-7 activity, including work, educational, and treatment activities, if
165-8 the act or failure to act was not intentional, wilfully or wantonly
165-9 negligent, or performed with conscious indifference or reckless
165-10 disregard for the safety of others.>
165-11 (d) <(e)> If the court makes an affirmative finding under
165-12 Article 42.014, Code of Criminal Procedure, the court may order the
165-13 defendant to perform community service under this section at a
165-14 project designated by the court that primarily serves the person or
165-15 group who was the target of the defendant. If the court orders
165-16 community service under this subsection the court shall order the
165-17 defendant to perform not less than:
165-18 (1) 100 hours of service if the offense is a
165-19 misdemeanor; or
165-20 (2) 300 hours of service if the offense is a felony.
165-21 SECTION 3.009. Section 18, Article 42.12, Code of Criminal
165-22 Procedure, is amended by adding Subsection (j) to read as follows:
165-23 (j) A community corrections facility director, with the
165-24 approval of the convicting court, may grant to a defendant:
165-25 (1) a short-term furlough; or
165-26 (2) an emergency furlough, on documented need of the
165-27 defendant to obtain medical treatment or diagnosis, attend a
166-1 funeral, or visit a critically ill relative.
166-2 SECTION 3.010. Section 22(a), Article 42.12, Code of
166-3 Criminal Procedure, is amended to read as follows:
166-4 (a) If after a hearing under Section 21 of this article a
166-5 judge continues or modifies community supervision after determining
166-6 that the defendant violated a condition of community supervision,
166-7 the judge may impose any other conditions the judge determines are
166-8 appropriate, including:
166-9 (1) a requirement that the defendant perform community
166-10 service for a number of hours specified by the court under Section
166-11 16 of this article, or an increase in the number of hours that the
166-12 defendant has previously been required to perform under those
166-13 sections in an amount not to exceed double the number of hours
166-14 permitted by Section 16;
166-15 (2) an increase in the period of community
166-16 supervision, in the manner described by Subsection (b) of this
166-17 section;
166-18 (3) an increase in the defendant's fine, in the manner
166-19 described by Subsection (d) of this section; or
166-20 (4) the placement of the defendant in a substance
166-21 abuse felony punishment program operated under Section 493.009,
166-22 Government Code, if:
166-23 (A) the defendant is convicted of a felony other
166-24 than:
166-25 (i) a felony under Section 21.11, 22.011,
166-26 or 22.021, <or 25.06,> Penal Code; or
166-27 (ii) criminal attempt of a felony under
167-1 Section 21.11, 22.011, or 22.021, Penal Code; and
167-2 (B) the judge makes an affirmative finding that:
167-3 (i) drug or alcohol abuse significantly
167-4 contributed to the commission of the crime or violation of
167-5 community supervision; and
167-6 (ii) the defendant is a suitable candidate
167-7 for treatment, as determined by the suitability criteria
167-8 established by the Texas Board of Criminal Justice under Section
167-9 493.009(b), Government Code.
167-10 SECTION 3.011. Section 1(b)(2), Article 42.13, Code of
167-11 Criminal Procedure, is amended to read as follows:
167-12 (2) "Community corrections facility" means a physical
167-13 structure, established by a judicial district after authorization
167-14 of the establishment of the structure has been included in the
167-15 local community justice plan, that is operated by a department or
167-16 operated for a department by an entity under contract with the
167-17 department, for the purpose of confining persons placed on
167-18 community supervision and providing services and programs to modify
167-19 criminal behavior, deter criminal activity, protect the public, and
167-20 restore victims of crime. The term includes:
167-21 (A) a restitution center;
167-22 (B) a court residential treatment facility;
167-23 (C) a substance abuse treatment facility;
167-24 (D) a custody facility or boot camp;
167-25 (E) a facility for an offender with a mental
167-26 impairment, as defined by Section 614.001, Health and Safety Code;
167-27 and
168-1 (F) an intermediate sanction facility<; and>
168-2 <(G) a state jail felony facility>.
168-3 SECTION 3.012. Section 3(b), Article 42.13, Code of Criminal
168-4 Procedure, is amended to read as follows:
168-5 (b) The division shall develop an automated tracking system
168-6 that:
168-7 (1) is capable of receiving tracking data from
168-8 community supervision and corrections departments' caseload
168-9 management and accounting systems;
168-10 (2) is capable of tracking the defendant and the
168-11 sentencing event at which the defendant was placed on community
168-12 supervision by name, arrest charge code, and incident number;
168-13 (3) provides the division with the statistical data it
168-14 needs to support budget requests and satisfy requests for
168-15 information; and
168-16 (4) is compatible with the requirements of Chapter 60
168-17 of this code and the information systems used by the institutional
168-18 division and the parole <pardons and paroles> division of the
168-19 department.
168-20 SECTION 3.013. Section 4, Article 42.13, Code of Criminal
168-21 Procedure, is amended to read as follows:
168-22 Sec. 4. Inspections; Audits; Evaluations. <(a)> The
168-23 division may inspect and evaluate a department or conduct audits of
168-24 case management records, financial records, and officer
168-25 certification and training records of a department at any
168-26 reasonable time to determine compliance with the division's rules
168-27 and standards.
169-1 <(b) The division shall authorize payments under Section
169-2 10(a)(1) of this article only if the division determines that the
169-3 department has made a reasonable effort to maintain workloads
169-4 established by the division for supervising officers that do not
169-5 exceed the following ratios:>
169-6 <(1) one officer or full-time equivalent per 25 cases,
169-7 with a workload unit value of 4 per case;>
169-8 <(2) one officer or full-time equivalent per 40 cases,
169-9 with a workload unit value of 2.5 per case;>
169-10 <(3) one officer or full-time equivalent per 75 cases,
169-11 with a workload unit value of 1.33 per case; and>
169-12 <(4) one officer or full-time equivalent per 100
169-13 cases, with a workload unit value of 1 per case.>
169-14 SECTION 3.014. Section 7(g), Article 42.13, Code of Criminal
169-15 Procedure, is amended to read as follows:
169-16 (g) The division may deny, revoke, or suspend a
169-17 certification or may reprimand an officer for a violation of a
169-18 standard adopted under this article <or a rule of the Texas Board
169-19 of Criminal Justice>.
169-20 SECTION 3.015. Section 10, Article 42.13, Code of Criminal
169-21 Procedure, is amended by amending Subsection (a) and by adding
169-22 Subsection (f) to read as follows:
169-23 (a) If the division determines that a department complies
169-24 with division standards and if the department or judges managing
169-25 the department have submitted a community justice plan under
169-26 Section 3, Article 42.131 of this code and the supporting
169-27 information required by the division and the division determines
170-1 the plan and supporting information are acceptable, the division
170-2 shall prepare and submit to the comptroller of public accounts
170-3 vouchers for payment to the department as follows:
170-4 (1) for per capita funding, a per diem amount for each
170-5 felony defendant directly supervised by the department pursuant to
170-6 lawful authority;
170-7 (2) for per capita funding, a per diem amount for a
170-8 period not to exceed 182 days for each defendant supervised by the
170-9 department pursuant to lawful authority, other than a felony
170-10 defendant; and
170-11 (3) for formula funding, an annual amount as computed
170-12 by multiplying a percentage determined by the allocation formula
170-13 established under Subsection (f) <Section 499.071(b), Government
170-14 Code>, times the total amount provided in the General
170-15 Appropriations Act for payments under this subdivision.
170-16 (f) The division annually shall compute for each department
170-17 for community corrections program formula funding a percentage
170-18 determined by assigning equal weights to the percentage of the
170-19 state's population residing in the counties served by the
170-20 department and the department's percentage of all felony defendants
170-21 in the state under direct community supervision. The division
170-22 shall use the most recent information available in making
170-23 computations under this subsection. The board by rule may adopt a
170-24 policy limiting for all departments the percentage of benefit or
170-25 loss that may be realized as a result of the operation of the
170-26 formula.
170-27 SECTION 3.016. Section 11(b), Article 42.13, Code of
171-1 Criminal Procedure, is amended to read as follows:
171-2 (b) The board shall provide for notice and a hearing in
171-3 cases in which the division proposes to take an action authorized
171-4 by this section, other than a refusal by the division to provide
171-5 discretionary grant funding or a reduction by the division of
171-6 discretionary grant funding during a funding cycle. The division
171-7 shall define with specificity the conduct that constitutes
171-8 substantial noncompliance with division standards and shall
171-9 establish the procedures to be used in imposing or waiving a
171-10 sanction authorized by this section, subject to approval of the
171-11 definition and the procedures by adoption by the board.
171-12 SECTION 3.017. Section 3(b), Article 42.131, Code of
171-13 Criminal Procedure, is amended to read as follows:
171-14 (b) The community justice council shall appoint a community
171-15 justice task force to provide support staff for the development of
171-16 a community justice plan. The task force may consist of any
171-17 number of members, but should include:
171-18 (1) the county or regional director of the Texas
171-19 Department of Human Services with responsibility for the area to be
171-20 served by the department;
171-21 (2) the chief of police of the most populous
171-22 municipality to be served by the department;
171-23 (3) the chief juvenile probation officer of the
171-24 juvenile probation office serving the most populous area to be
171-25 served by the department;
171-26 (4) the superintendent of the most populous school
171-27 district to be served by the department;
172-1 (5) the supervisor of the Department of Public Safety
172-2 region closest to the department, or the supervisor's designee;
172-3 (6) the county or regional director of the Texas
172-4 Department of Mental Health and Mental Retardation with
172-5 responsibility for the area to be served by the department;
172-6 (7) a substance abuse treatment professional appointed
172-7 by the Council of Governments serving the area to be served by the
172-8 department;
172-9 (8) the department director;
172-10 (9) the local or regional representative of the parole
172-11 <pardons and paroles> division of the Texas Department of Criminal
172-12 Justice with responsibility for the area to be served by the
172-13 department;
172-14 (10) the representative of the Texas Employment
172-15 Commission with responsibility for the area to be served by the
172-16 department;
172-17 (11) the representative of the Texas Rehabilitation
172-18 Commission with responsibility for the area to be served by the
172-19 department;
172-20 (12) a licensed attorney who practices in the area to
172-21 be served by the department and whose practice consists primarily
172-22 of criminal law;
172-23 (13) a court administrator, if one serves the area to
172-24 be served by the department;
172-25 (14) a representative of a community service
172-26 organization that provides adult treatment, educational, or
172-27 vocational services to the area to be served by the department; and
173-1 (15) a representative of an organization in the area
173-2 to be served by the department that is actively involved in issues
173-3 relating to defendants' rights, chosen by the county commissioners
173-4 and county judges of the counties to be served by the department.
173-5 SECTION 3.018. Section 12, Article 42.131, Code of Criminal
173-6 Procedure, as amended by Chapter 988, Acts of the 73rd Legislature,
173-7 Regular Session, 1993, is amended to read as follows:
173-8 Sec. 12. Restitution. (a) If a judge requires a defendant
173-9 to make restitution to a victim of the defendant's offense, and a
173-10 payment is received under this article from the defendant for
173-11 transmittal to a victim of the offense, the community supervision
173-12 and corrections department that receives the payment for
173-13 disbursement to the victim shall immediately deposit the payment in
173-14 an interest-bearing account in the county treasury as required by
173-15 Section 140.003(f), Local Government Code <department having
173-16 original jurisdiction>. The department shall transmit the payment
173-17 to the victim as soon as practicable.
173-18 (b) If a victim cannot be located for receipt of<,
173-19 immediately after receiving> a <final> payment in satisfaction of
173-20 an order of restitution, <for the victim> the department shall
173-21 attempt to notify the victim of that fact by certified mail, mailed
173-22 to the last known address of the victim. If a victim then makes a
173-23 claim for payment, the department promptly shall remit the payment
173-24 to the victim. A department is obligated to make a good faith
173-25 effort to locate and notify a victim that an unclaimed payment
173-26 exists. The department satisfies the good faith requirement under
173-27 this subsection by sending to the victim by certified mail on any
174-1 one occasion during the period the defendant is required to make
174-2 payments a notice that the victim is entitled to an unclaimed
174-3 payment. Not earlier than the fifth anniversary of the date on
174-4 which the department mails notice under this subsection, if the
174-5 victim has not made a claim for payment, the department shall
174-6 transfer the payment from the interest-bearing account to the
174-7 comptroller of public accounts, after deducting five percent of the
174-8 payment as a collection fee and deducting any interest accrued on
174-9 the payment. The comptroller shall deposit the payment in the
174-10 state treasury to the credit of the compensation to victims of
174-11 crime auxiliary fund.
174-12 (c) The collection fee under Subsection (b) of this section
174-13 and the accrued interest under Subsections (a) and (b) of this
174-14 section shall be deposited in the special fund of the county
174-15 treasury provided by Section 10, Article 42.13, of this code to be
174-16 used for the same purposes for which state aid may be used under
174-17 that section. The department has a maximum of 121 days after the
174-18 five-year <four-year> expiration date to transfer the funds to the
174-19 comptroller's office. Failure to comply with the 121-day deadline
174-20 will result in a five percent collection fee penalty calculated
174-21 from the total deposit and all interest attributable to the
174-22 unclaimed funds.
174-23 (d) If the victim of the offense claims the payment during
174-24 the five-year <four-year> period in which the payment is held in
174-25 the interest-bearing account, the department shall pay the victim
174-26 the amount of the original payment, less any interest earned while
174-27 holding the payment. After the payment has been transferred to the
175-1 comptroller, the department has no liability in regard to the
175-2 payment, and any claim for the payment must be made to the
175-3 comptroller. If the victim makes a claim to the comptroller, the
175-4 comptroller shall pay the victim the amount of the original
175-5 payment, less the collection fee, from the compensation to victims
175-6 of crime auxiliary fund.
175-7 SECTION 3.019. Article 43.10, Code of Criminal Procedure, as
175-8 amended by Section 3, Chapter 578, and Section 5.04, Chapter 900,
175-9 Acts of the 73rd Legislature, Regular Session, 1993, is amended and
175-10 reenacted to read as follows:
175-11 Art. 43.10. Manual labor. <(a)> Where the punishment
175-12 assessed in a conviction for misdemeanor is confinement in jail for
175-13 more than one day, or where in such conviction the punishment is
175-14 assessed only at a pecuniary fine and the party so convicted is
175-15 unable to pay the fine and costs adjudged against him, <or where
175-16 the party convicted is required to serve a period of confinement as
175-17 a condition of community supervision,> or where the party is
175-18 sentenced to jail for a felony or is confined in jail after
175-19 conviction of a felony, the party convicted <or required to serve
175-20 the period of confinement> shall be required to work in the county
175-21 jail industries program or shall be required to do manual labor in
175-22 accordance with the provisions of this article under the following
175-23 rules and regulations:
175-24 1. Each commissioners court may provide for the
175-25 erection of a workhouse and the establishment of a county farm in
175-26 connection therewith for the purpose of utilizing the labor of said
175-27 parties so convicted <or required to serve a period of
176-1 confinement>;
176-2 2. Such farms and workhouses shall be under the
176-3 control and management of the sheriff, and the sheriff may adopt
176-4 such rules and regulations not inconsistent with the rules and
176-5 regulations of the Commission on Jail Standards and with the laws
176-6 as the sheriff deems necessary;
176-7 3. Such overseers and guards may be employed by the
176-8 sheriff under the authority of the commissioners court as may be
176-9 necessary to prevent escapes and to enforce such labor, and they
176-10 shall be paid out of the county treasury such compensation as the
176-11 commissioners court may prescribe;
176-12 4. They shall be put to labor upon public works and
176-13 maintenance projects, including public works and maintenance
176-14 projects for a political subdivision located in whole or in part in
176-15 the county;
176-16 5. One who from age, disease, or other physical or
176-17 mental disability is unable to do manual labor shall not be
176-18 required to work. His inability to do manual labor may be
176-19 determined by a physician appointed for that purpose by the county
176-20 judge or the commissioners court, who shall be paid for such
176-21 service such compensation as said court may allow; and
176-22 6. For each day of manual labor, in addition to any
176-23 other credits allowed by law, a defendant is entitled to have one
176-24 day deducted from each sentence <or period of confinement> he is
176-25 serving. The deduction authorized by this article, when combined
176-26 with the deduction required by Article 42.10 of this code, may not
176-27 exceed two-thirds (2/3) of the sentence <or period of confinement>.
177-1 <(b) A sheriff, employee of a sheriff's department, county
177-2 commissioner, county employee, county judge, and employee of a
177-3 community corrections and supervision department, restitution
177-4 center, or officer or employee of a political subdivision other
177-5 than a county is not liable for damages arising from an act or
177-6 failure to act in connection with manual labor performed by an
177-7 inmate pursuant to this article if the act or failure to act:>
177-8 <(1) was performed pursuant to court-ordered
177-9 confinement; and>
177-10 <(2) was not intentional, wilfully or wantonly
177-11 negligent, or performed with conscious indifference or reckless
177-12 disregard for the safety of others.>
177-13 SECTION 3.020. Section 217.001, Labor Code, is amended by
177-14 adding Subdivision (4) to read as follows:
177-15 (4) "State jail division" means the state jail
177-16 division of the department.
177-17 SECTION 3.021. Section 217.002, Labor Code, is amended to
177-18 read as follows:
177-19 Sec. 217.002. Project Rio. The project for reintegration of
177-20 offenders is a statewide employment referral program designed to
177-21 reintegrate into the labor force persons sentenced to a state jail
177-22 felony facility or <formerly confined in> the institutional
177-23 division.
177-24 SECTION 3.022. Section 217.005(a), Labor Code, is amended to
177-25 read as follows:
177-26 (a) The memorandum of understanding must establish the role
177-27 of:
178-1 (1) the institutional division and the state jail
178-2 division in ascertaining and encouraging an inmate's chances for
178-3 employment by:
178-4 (A) providing vocational and educational
178-5 assessment for the person while incarcerated <in the division>;
178-6 (B) developing a skills enhancement program for
178-7 the person while incarcerated, in cooperation with other
178-8 governmental, educational, and private entities, using available
178-9 public or private financial resources authorized by statute; and
178-10 (C) referring the person on release to the
178-11 project through the person's parole officer or supervision officer;
178-12 (2) the community justice assistance division and the
178-13 parole <pardons and paroles> division of the department in:
178-14 (A) encouraging and referring persons to the
178-15 project; and
178-16 (B) ensuring that those persons participate in
178-17 the project and avail themselves of its services; and
178-18 (3) the commission in developing and maintaining a
178-19 statewide network for finding positions of employment that require
178-20 the skills possessed by project participants and in helping those
178-21 participants to secure employment.
178-22 SECTION 3.023. Section 414.010, Government Code, is amended
178-23 to read as follows:
178-24 Sec. 414.010. PAYMENT FROM DEFENDANT ON COMMUNITY
178-25 SUPERVISION. A local crime stoppers program that receives a
178-26 payment from a defendant <probationer> under Section 11(a) <6(h)>,
178-27 Article 42.12, Code of Criminal Procedure, may not use the payment
179-1 for any purpose other than the payment of a reward to a person who
179-2 reports information concerning criminal activity. Not later than
179-3 January 15 of each year, a local crime stoppers program that
179-4 receives or expends money under this section shall file a detailed
179-5 report with the Texas Department of Criminal Justice <Adult
179-6 Probation Commission> that accounts for all money received and
179-7 expended under this section during the preceding year.
179-8 SECTION 3.024. (a) Section 13(e), Article 42.12, Code of
179-9 Criminal Procedure, is repealed.
179-10 (b) Section 2.09(c), Article 42.121, Code of Criminal
179-11 Procedure, is repealed.
179-12 (c) Section 3.111, Article 42.121, Code of Criminal
179-13 Procedure, is repealed.
179-14 SECTION 3.025. This article takes effect September 1, 1995.
179-15 ARTICLE 4
179-16 SECTION 4.001. The importance of this legislation and the
179-17 crowded condition of the calendars in both houses create an
179-18 emergency and an imperative public necessity that the
179-19 constitutional rule requiring bills to be read on three several
179-20 days in each house be suspended, and this rule is hereby suspended,
179-21 and that this Act take effect and be in force according to its
179-22 terms, and it is so enacted.