H.B. No. 2162
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 493.001, Government Code, is amended
1-7 to read as follows:
1-8 Sec. 493.001. DEPARTMENT MISSION <RESPONSIBILITIES>. The
1-9 mission of the department is to provide public safety, promote
1-10 positive change in offender behavior, and reintegrate offenders
1-11 into society <the state agency with primary responsibility for:>
1-12 <(1) the confinement, supervision, and rehabilitation
1-13 of felons;>
1-14 <(2) the development of a system of state and local
1-15 punishment, supervision, and rehabilitation programs and
1-16 facilities; and>
1-17 <(3) the reintegration of felons into society after
1-18 release from confinement>.
1-19 SECTION 1.002. (a) Section 493.003(b), Government Code, is
1-20 amended to read as follows:
1-21 (b) The chief justice of the Supreme Court of Texas and the
1-22 presiding judge of the Texas Court of Criminal Appeals shall each
1-23 appoint six members to serve as the judicial advisory council to
1-24 the community justice assistance division and the board. The
2-1 advisory council members serve staggered six-year terms, with the
2-2 terms of four of the members expiring September <February> 1 of
2-3 each odd-numbered year. In the event of a vacancy during a term,
2-4 the appointing authority for the member who vacated the office
2-5 shall appoint a replacement to fill the unexpired portion of the
2-6 term. The advisory council shall advise the director of the
2-7 community justice assistance division and the board on matters of
2-8 interest to the judiciary, and the director and the board shall
2-9 carefully consider the advice. Members of the advisory council are
2-10 not entitled to compensation but are entitled to reimbursement for
2-11 actual and necessary expenses in the conduct of their duties, as
2-12 provided by the General Appropriations Act.
2-13 (b) Notwithstanding Section 2.03(b), Chapter 988, Acts of
2-14 the 73rd Legislature, Regular Session, 1993, the terms of the
2-15 initial appointees to the judicial advisory council to the
2-16 community justice assistance division of the Texas Department of
2-17 Criminal Justice and the Texas Board of Criminal Justice expire
2-18 September 1, 1995, September 1, 1997, and September 1, 1999,
2-19 respectively. On expiration of those terms, the term of a member
2-20 is six years, as provided by Section 493.003, Government Code.
2-21 SECTION 1.003. Chapter 493, Government Code, is amended by
2-22 adding Section 493.0081 to read as follows:
2-23 Sec. 493.0081. OFFICE OF INTERNAL AUDITS. (a) The board
2-24 shall create within the department an office of internal audits.
2-25 The board shall employ a chief of the office of internal audits
2-26 based on recommendations from the executive director regarding
2-27 qualified candidates for the position. The employment of the chief
3-1 of the office of internal audits may be terminated only with the
3-2 approval of the board.
3-3 (b) The office of internal audits shall:
3-4 (1) conduct recurring financial and management audits;
3-5 (2) conduct internal audits to evaluate department
3-6 programs and the economy and efficiency of those programs; and
3-7 (3) recommend improvements in management and programs
3-8 on the basis of evaluations made under this subsection.
3-9 (c) The chief of the office of internal audits shall send
3-10 reports, audits, evaluations, and recommendations to the executive
3-11 director. The chief shall report directly to the board at least
3-12 once a year on:
3-13 (1) the activities of the office; and
3-14 (2) the response of the department to recommendations
3-15 made by the office.
3-16 (d) The chief shall report directly to the board on other
3-17 matters at the times required by board policy.
3-18 SECTION 1.004. Sections 493.009(e) and (f), Government Code,
3-19 are amended to read as follows:
3-20 (e) The department shall employ or contract with <through
3-21 the Texas Commission on Alcohol and Drug Abuse with organizations
3-22 to provide> qualified professionals to implement the program for
3-23 persons required to participate in the program under Section 14,
3-24 Article 42.12, Code of Criminal Procedure. For purposes of this
3-25 subsection, a "qualified professional" is a person who:
3-26 (1) is a certified alcohol and drug abuse counselor;
3-27 (2) is a certified social worker or advanced clinical
4-1 practitioner and who has at least two years of experience in
4-2 chemical dependency counseling; or
4-3 (3) is a licensed professional counselor, physician,
4-4 or psychologist and who has at least two years of experience in
4-5 chemical dependency counseling.
4-6 (f)(1) The department shall adopt rules of conduct for
4-7 persons required to participate in the program under Section 14,
4-8 Article 42.12, Code of Criminal Procedure, or required to
4-9 participate in the program following modification of community
4-10 supervision <probation> or parole.
4-11 (2) If the qualified professional with primary
4-12 responsibility for treating a defendant and the individual in
4-13 charge of security in the facility in which the defendant is housed
4-14 jointly determine that the defendant is not complying with the
4-15 rules or is medically or psychologically unsuitable for the
4-16 program, they shall notify the department of that fact.
4-17 (3) The department, immediately on receiving notice,
4-18 shall request the sentencing court to reassume custody of the
4-19 defendant if the defendant was required to participate in the
4-20 program under Section 14, Article 42.12, Code of Criminal
4-21 Procedure, or required to participate in the program following
4-22 modification of community supervision <probation>. The court shall
4-23 reassume custody before the 12th day after the date on which the
4-24 department notifies the court. If the court revokes the
4-25 defendant's community supervision <probation>, the admission of the
4-26 defendant to the institutional division is an admission for which
4-27 the department must account in the scheduled admissions policy <the
5-1 county from which the defendant was sentenced is charged under the
5-2 allocation formula> established under Section 499.071.
5-3 (4) The department, immediately on receiving notice,
5-4 shall request the pardons and paroles division to reassume custody
5-5 of the defendant if the defendant was required to participate in
5-6 the program following modification of parole. The pardons and
5-7 paroles division shall immediately take action in accordance with
5-8 established policies and procedures of the Board of Pardons and
5-9 Paroles to remove the defendant from the program. If a parole
5-10 panel revokes the defendant's parole, the admission of the
5-11 defendant to the institutional division is an admission for which
5-12 the department must account in the scheduled admissions policy <the
5-13 county from which the defendant was sentenced is charged under the
5-14 allocation formula> established under Section 499.071.
5-15 (5) If the defendant was transferred to the facility
5-16 from a county jail under Subsection (l), the department shall
5-17 return the defendant to the county jail.
5-18 (6) A court's recommendation that a defendant be
5-19 placed in a program created under this section does not give the
5-20 court the power to hold the department or any officer or employee
5-21 of the department in contempt of court for failure to adhere to
5-22 that recommendation.
5-23 SECTION 1.005. Section 493.009, Government Code, is amended
5-24 by amending Subsections (c), (g), and (h) and by adding Subsection
5-25 (q) to read as follows:
5-26 (c) The program for persons required to participate in the
5-27 program under Section 14, Article 42.12, Code of Criminal
6-1 Procedure, must consist of treatment programs that may vary in time
6-2 from 90 days <six months> to 12 months. <The department shall also
6-3 establish and provide treatment programs for persons in categories
6-4 described by Subsections (g)(1)-(3) who are housed in beds
6-5 otherwise provided for persons required to participate in the
6-6 program under Section 14, Article 42.12, Code of Criminal
6-7 Procedure.>
6-8 (g) The department shall provide at least 5,200 <12,000>
6-9 beds for the purpose of operating the program for persons required
6-10 to participate in the program under Section 14, Article 42.12, Code
6-11 of Criminal Procedure, as amended by Chapter 900, Acts of the 73rd
6-12 Legislature, Regular Session, 1993, except that the beds may also
6-13 be used to house the following categories of persons:
6-14 (1) persons transferred under Subchapter A, Chapter
6-15 499, Government Code, and Section 8(i), Article 42.18, Code of
6-16 Criminal Procedure;
6-17 (2) persons whose community supervision <probation> or
6-18 parole has been modified; <and>
6-19 (3) defendants confined in county jails awaiting
6-20 transfer to the institutional division; and
6-21 (4) inmates participating in the program described by
6-22 Section 501.0931.
6-23 (h) On and after the date persons are required under Section
6-24 14, Article 42.12, Code of Criminal Procedure, to participate in
6-25 the program established under this section, the department shall
6-26 give priority to housing those persons over the categories of
6-27 persons described by Subsections (g)(1)-(4)<(3)>.
7-1 (q) The department not less often than every two years shall
7-2 determine whether the department should increase the number of beds
7-3 provided by the department for the operation of the program for
7-4 persons required to participate in the program under Section 14,
7-5 Article 42.12, Code of Criminal Procedure, as amended by Chapter
7-6 900, Acts of the 73rd Legislature, Regular Session, 1993.
7-7 SECTION 1.006. Sections 493.009(m) and (n), Government Code,
7-8 are amended to read as follows:
7-9 (m) Notwithstanding any other provision of this section, the
7-10 department is authorized to provide substance abuse felony
7-11 punishment facilities, not to exceed 500 beds, for newly provided
7-12 alcohol and drug abuse beds exclusively for persons whose community
7-13 supervision <probation> or parole has been modified.
7-14 (n) Except as otherwise provided by this subsection, the
7-15 <The> department shall separate participants in the program created
7-16 under this section from inmates of the institutional division,
7-17 except at times determined necessary by the department for the
7-18 purpose of transportation or staging or for medical or security
7-19 reasons. The department may commingle participants in the program
7-20 created under this section with inmates in the program described by
7-21 Section 501.0931.
7-22 SECTION 1.007. Section 493.010, Government Code, is amended
7-23 to read as follows:
7-24 Sec. 493.010. CONTRACTS FOR MISCELLANEOUS HOUSING. The
7-25 board, for the temporary or permanent housing of inmates, may enter
7-26 into leases or contract with:
7-27 (1) public or private jails <, subject to the
8-1 restrictions of Subchapter A, Chapter 495>; or
8-2 (2) operators of alternative housing facilities.
8-3 SECTION 1.008. Section 493.011, Government Code, is amended
8-4 to read as follows:
8-5 Sec. 493.011. Consultant Contracts for Prison Construction.
8-6 The board may not contract for construction-related consulting
8-7 services to the board with an individual or firm if that individual
8-8 or firm is also under contract with the department <institutional
8-9 division> to provide construction management services for prison
8-10 unit construction.
8-11 SECTION 1.009. Chapter 493, Government Code, is amended by
8-12 adding Section 493.015 to read as follows:
8-13 Sec. 493.015. ENFORCEMENT OFFICERS. The executive director
8-14 may appoint employees who are certified by the Commission on Law
8-15 Enforcement Officer Standards and Education as qualified to be
8-16 peace officers to serve under the direction of the executive
8-17 director and assist the executive director in performing the
8-18 enforcement duties of the department.
8-19 SECTION 1.010. Chapter 493, Government Code, is amended by
8-20 adding Section 493.016 to read as follows:
8-21 Sec. 493.016. INFORMATION OF PUBLIC INTEREST; COMPLAINTS.
8-22 (a) The department shall prepare information of public interest
8-23 describing the functions of the department and the procedures by
8-24 which complaints are filed with and resolved by the department.
8-25 The department shall make the information available to the general
8-26 public and appropriate state agencies.
8-27 (b) The department shall establish methods by which
9-1 interested persons are notified of the name, mailing address, and
9-2 telephone number of the department for the purpose of directing
9-3 complaints to the department.
9-4 (c) The department shall keep an information file about each
9-5 complaint filed with the department by a member of the general
9-6 public that relates to the operations of the department.
9-7 (d) If a written complaint is filed with the department by a
9-8 member of the general public that relates to the operations of the
9-9 department, the department, at least as frequently as quarterly and
9-10 until final disposition of the complaint, shall notify the
9-11 complainant of the status of the complaint unless the notice would
9-12 jeopardize an undercover investigation.
9-13 SECTION 1.011. Chapter 493, Government Code, is amended by
9-14 adding Section 493.017 to read as follows:
9-15 Sec. 493.017. SEAL OF DEPARTMENT. (a) The department shall
9-16 use an official seal to certify documents received by the
9-17 department under Sections 8(a) and (c), Article 42.09, Code of
9-18 Criminal Procedure.
9-19 (b) The official seal must contain an engraved, five-pointed
9-20 star in the center with the words "Texas Department of Criminal
9-21 Justice" around the margin.
9-22 SECTION 1.012. Section 494.001, Government Code, is amended
9-23 to read as follows:
9-24 Sec. 494.001. INSTITUTIONAL DIVISION MISSION. The mission
9-25 of the institutional division is to provide safe and appropriate
9-26 confinement, supervision, rehabilitation, and reintegration of
9-27 adult felons, and to effectively manage or administer correctional
10-1 facilities based on constitutional and statutory
10-2 standards <STATEMENT OF POLICY. It is the policy of this state to
10-3 manage the institutional division:>
10-4 <(1) in a manner consistent with the operation of a
10-5 modern prison system;>
10-6 <(2) in a manner that provides persons convicted of
10-7 violating the law and sentenced to the division with humane
10-8 treatment and with the opportunity, encouragement, and training
10-9 necessary for reformation; and>
10-10 <(3) with the intention of making the division
10-11 self-sustaining>.
10-12 SECTION 1.013. Section 494.002(a), Government Code, is
10-13 amended to read as follows:
10-14 (a) The director of the institutional division may adopt
10-15 policies <rules> governing the humane treatment, training,
10-16 education, rehabilitation, and discipline of inmates and may
10-17 arrange for the separation and classification of inmates according
10-18 to the inmates' sex, age, health, corrigibility, and type of
10-19 offense for which the inmate was sentenced to the institutional
10-20 division.
10-21 SECTION 1.014. Sections 494.003(a) and (b), Government Code,
10-22 are amended to read as follows:
10-23 (a) The department <director of the institutional division>
10-24 shall keep a correct and accurate account of each financial
10-25 transaction involving the institutional division, including the
10-26 receipt and disbursement of money by the division. The department
10-27 <director> shall keep an account of each institutional division
11-1 unit, industry, and farm, and for each person doing business with
11-2 the division.
11-3 (b) The director of the institutional division or a designee
11-4 of the director shall provide a receipt for all money received by
11-5 the institutional division.
11-6 SECTION 1.015. Section 494.012(a), Government Code, is
11-7 amended to read as follows:
11-8 (a) The <director of the> institutional division shall
11-9 evaluate the efficiency of the maintenance staff of each unit of
11-10 the division.
11-11 SECTION 1.016. Section 496.001, Government Code, is amended
11-12 to read as follows:
11-13 Sec. 496.001. Acquisition of Real Property. The board may
11-14 acquire real property through purchase, subject to specific
11-15 appropriative authority in the General Appropriations Act, or
11-16 through the acceptance of a gift, grant, or donation for a facility
11-17 <prison site>.
11-18 SECTION 1.017. Section 496.002(a), Government Code, is
11-19 amended to read as follows:
11-20 (a) The board has eminent domain authority to condemn and
11-21 acquire land if necessary to eliminate security hazards, protect
11-22 the life and property of citizens of this state, or improve the
11-23 efficiency, management, or operations of the department
11-24 <institutional division>.
11-25 SECTION 1.018. Subchapter A, Chapter 496, Government Code,
11-26 is amended by adding Section 496.0021 to read as follows:
11-27 Sec. 496.0021. SALE OF DEPARTMENT REAL PROPERTY. (a) The
12-1 board may sell state-owned real property under the board's
12-2 management and control at the real property's fair market value.
12-3 The General Land Office shall negotiate and close a transaction
12-4 under this section on behalf of the board using procedures under
12-5 Section 31.158(c), Natural Resources Code. Proceeds from the
12-6 transaction shall be deposited in the Texas capital trust fund.
12-7 (b) The board may authorize the sale of land directly to a
12-8 local government at fair market value without the requirement of a
12-9 sealed bid sale if the local government acquires the property for
12-10 use as a local correctional facility.
12-11 SECTION 1.019. Section 496.003, Government Code, is amended
12-12 to read as follows:
12-13 Sec. 496.003. LEASE OF <INSTITUTIONAL DIVISION> REAL
12-14 PROPERTY. (a) The board may lease state-owned real property under
12-15 the board's management and control at the real property's fair
12-16 market lease value. The initial period of a lease under this
12-17 section may not exceed 20 years. The lease may contain terms and
12-18 conditions determined by the board to be in the best interest of
12-19 the department <institutional division>. Neither a member of the
12-20 board nor a person related to a member within the second degree by
12-21 affinity or within the third degree by consanguinity, as determined
12-22 under Subchapter B, Chapter 573 <Article 5996h, Revised Statutes>,
12-23 may own an interest in an entity leasing real property under this
12-24 section.
12-25 (b) The department <institutional division> shall deposit in
12-26 the general revenue <special mineral> fund to the credit of a
12-27 special account <created by Section 34.017, Natural Resources
13-1 Code,> the proceeds of a lease entered into under this section,
13-2 after deducting expenses. The proceeds may be used only for the
13-3 payment of operating expenses of the department <are for the
13-4 exclusive use of the institutional division, as specified by
13-5 legislative appropriation>. Sections 403.094 and 403.095 do not
13-6 apply to the dedication of lease proceeds under this subsection.
13-7 (c) The department <board> shall notify taxing units
13-8 authorized to impose property taxes on land leased under this
13-9 section that the land has been leased. The department <board>
13-10 shall send a copy of the lease by first class mail, return receipt
13-11 requested, to each taxing unit in which the land is located. The
13-12 lessee is liable for property taxes imposed on land leased under
13-13 this section.
13-14 SECTION 1.020. Subchapter A, Chapter 496, Government Code,
13-15 is amended by adding Section 496.0031 to read as follows:
13-16 Sec. 496.0031. TRANSFER OF FACILITIES. (a) The department
13-17 may transfer a correctional facility to another agency of the
13-18 state, and the agency receiving the facility subsequently may
13-19 transfer the facility back to the department.
13-20 (b) A transfer under this section requires the agreement of
13-21 the board and the governing body of the agency receiving the
13-22 correctional facility or returning the correctional facility to the
13-23 department, both as to the identity of the facility to be
13-24 transferred and to the method of transfer.
13-25 (c) In this section, "transfer" means to convey title to,
13-26 lease, or otherwise convey the beneficial use of a correctional
13-27 facility and land appurtenant to the facility.
14-1 SECTION 1.021. Section 496.004, Government Code, is amended
14-2 to read as follows:
14-3 Sec. 496.004. Easements. (a) The board<, with the consent
14-4 of the attorney general and governor,> may grant or lease permanent
14-5 or temporary right-of-way easements on department land for:
14-6 (1) public highways, roads and streets, and ditches;
14-7 (2) electric lines and pipelines, including necessary
14-8 wires, pipes, poles, and other equipment used to transmit, convey,
14-9 or distribute water, electricity, gas, oil, or similar substances
14-10 or commodities;
14-11 (3) electrical substations; or
14-12 (4) the provision of utilities for the operation of
14-13 facilities of the department and roadways for access to facilities
14-14 of the department.
14-15 (b) The board may not grant or lease an easement unless the
14-16 board receives fair and adequate consideration. However, the board
14-17 may without consideration grant a state highway easement to the
14-18 State Department of Highways and Public Transportation, a roadway
14-19 easement to a county for connecting roads between state highways,
14-20 easements to utility providers for utilities to serve facilities of
14-21 the department, and roadway easements to a city or a county to
14-22 provide roadways for facilities of the department.
14-23 (c) A grant or lease must contain a full reservation of
14-24 minerals in and under the land. The board<, with the consent of the
14-25 attorney general and governor,> may impose other fair and
14-26 reasonable conditions, covenants, and provisions.
14-27 (d) The department <board> shall deposit money received from
15-1 a grant or lease of easements and money received from damages to
15-2 department land in the general revenue fund to the credit of a
15-3 special account <special mineral fund created by Section 34.017,
15-4 Natural Resources Code>. Money received under this section may be
15-5 used only for the payment of operating expenses of the department.
15-6 Sections 403.094 and 403.095 do not apply to the dedication of
15-7 money under this section.
15-8 SECTION 1.022. Section 496.005, Government Code, is amended
15-9 to read as follows:
15-10 Sec. 496.005. Tax Exemption. (a) Property associated with
15-11 a facility described by Subsection (b) is exempt from taxation
15-12 during the time the property is used exclusively for the purposes
15-13 of the department <institutional division>.
15-14 (b) This section applies to:
15-15 (1) land in Anderson County owned by the state for the
15-16 use and benefit of the institutional division that is subject to a
15-17 lease granted by the board and a sublease entered into by the
15-18 division and the <State Purchasing and> General Services
15-19 Commission, on which is located the correctional facility known as
15-20 the Mark W. Michael Unit of the Coffield Prison Farm; and
15-21 (2) a parcel of land in Anderson, Brazoria, Coryell,
15-22 Houston, Madison, or Walker County owned by the state for the use
15-23 and benefit of the institutional division that is subject to a
15-24 lease granted by the board and a sublease entered into by the
15-25 division and the <State Purchasing and> General Services
15-26 Commission, on which is located a trusty camp facility.
15-27 SECTION 1.023. Section 496.006, Government Code, is amended
16-1 to read as follows:
16-2 Sec. 496.006. Road Maintenance. (a) The department <board>
16-3 and the Texas Department of <State Highway and Public>
16-4 Transportation <Commission> may enter into and perform an agreement
16-5 or contract for the maintenance of a road in or adjacent to a
16-6 facility <unit> of the department <institutional division>.
16-7 (b) An agreement or contract entered into under this section
16-8 and payments made under the agreement or contract must conform with
16-9 the provisions of Chapter 771 <The Interagency Cooperation Act
16-10 (Article 4413(32), Vernon's Texas Civil Statutes)>.
16-11 SECTION 1.024. Section 496.007, Government Code, is amended
16-12 to read as follows:
16-13 Sec. 496.007. LOCATION OF NEW FACILITIES <UNITS>. <(a)> In
16-14 determining the location of a facility <unit> to be built, the
16-15 department <institutional division>, in evaluating the advantages
16-16 and disadvantages of the proposed location, shall consider whether
16-17 the proposed location is:
16-18 (1) close enough to a county with 100,000 or more
16-19 inhabitants to provide <enable the division and inmates to have>
16-20 access to services and other resources provided in such a county;
16-21 (2) cost-effective with respect to its proximity to
16-22 other facilities of <units in> the department <division>;
16-23 (3) close to an area that would facilitate release of
16-24 inmates or persons confined in state jail felony facilities to
16-25 their area of residence; and
16-26 (4) close to an area that provides adequate
16-27 educational opportunities and medical care.
17-1 <(b) The Criminal Justice Coordinating Council at least once
17-2 a year shall provide the institutional division with a list,
17-3 according to the best information available to the council, of
17-4 counties in this state with 100,000 or more inhabitants.>
17-5 SECTION 1.025. Sections 496.051(a) and (b), Government Code,
17-6 are amended to read as follows:
17-7 (a) The department <institutional division> shall comply
17-8 with any special purchasing procedures requiring competitive review
17-9 under the State Purchasing and General Services Act (Article 601b,
17-10 Vernon's Texas Civil Statutes).
17-11 (b) The board may authorize the executive director to adopt
17-12 policies <rules> allowing the institutional division to purchase
17-13 directly or at public auction livestock, agricultural commodities,
17-14 agricultural or industrial equipment, supplies, and raw materials
17-15 for agricultural or industrial production, breeding, consumption,
17-16 or resale, if the division determines that the purchase is
17-17 economically feasible and advantageous to the division. The State
17-18 Purchasing and General Services Act (Article 601b, Vernon's Texas
17-19 Civil Statutes) does not apply to purchases made under this
17-20 subsection. The institutional division shall notify the <State
17-21 Purchasing and> General Services Commission as soon as practicable
17-22 of a purchase made under this subsection and the purchase price.
17-23 SECTION 1.026. Section 496.0515, Government Code, is amended
17-24 to read as follows:
17-25 Sec. 496.0515. Hazardous Waste Management Contracts.
17-26 (a) The competitive bidding contract procedures established by
17-27 Article 3, State Purchasing and General Services Act (Article 601b,
18-1 Vernon's Texas Civil Statutes), do not apply to a contract awarded
18-2 by the department <institutional division> for:
18-3 (1) testing a solid waste or other substance to
18-4 determine whether the waste or other substance is a hazardous
18-5 waste; or
18-6 (2) the transport, storage, treatment, or disposal of
18-7 a hazardous waste.
18-8 (b) The department <institutional division> shall promulgate
18-9 procedures for the purpose of purchasing under Subsection (a). The
18-10 department <division> shall file copies of the procedures
18-11 promulgated under this subsection with the <State Purchasing and>
18-12 General Services Commission.
18-13 SECTION 1.027. Section 496.052(a), Government Code, is
18-14 amended to read as follows:
18-15 (a) The board may purchase insurance to protect the
18-16 department <institutional division> from loss due to the damage,
18-17 loss, theft, or destruction of department <division> aircraft.
18-18 SECTION 1.028. Section 496.101(a), Government Code, is
18-19 amended to read as follows:
18-20 (a) As funds are appropriated for that purpose, the
18-21 department shall establish for each facility <unit> of the
18-22 department <institutional division> an automated inventory and
18-23 maintenance system that interacts with the centralized computer
18-24 system of the department.
18-25 SECTION 1.029. Section 497.001, Government Code, is amended
18-26 to read as follows:
18-27 Sec. 497.001. Prison Industries Office. The prison
19-1 industries office is an office in the department <institutional
19-2 division. The office is under the control of the director of the
19-3 institutional division>.
19-4 SECTION 1.030. Section 497.002(b), Government Code, is
19-5 amended to read as follows:
19-6 (b) To implement the purposes of the office, the department
19-7 <director of the institutional division> may establish and operate
19-8 a prison industries program at each correctional facility that the
19-9 department <director> considers suitable for such a program.
19-10 SECTION 1.031. Section 497.004, Government Code, is amended
19-11 to read as follows:
19-12 Sec. 497.004. Inmate Labor, Pay. (a) The department
19-13 <director -of the institutional division> shall use inmate labor in
19-14 the prison industries program to the greatest extent feasible and
19-15 shall develop and expand the prison industries program by pursuing
19-16 arrangements with business for the use of inmate labor.
19-17 (b) The board may develop and administer an incentive pay
19-18 scale for inmates <confined in the institutional division> who
19-19 participate in the prison industries program. The program may be
19-20 financed through contributions donated for this purpose by private
19-21 businesses contracting with the department <institutional
19-22 division>. The department <institutional division> shall apportion
19-23 pay earned by an inmate under this subchapter to the following
19-24 persons and entities, in amounts determined at the discretion of
19-25 the department <division>:
19-26 (1) persons to whom the inmate has been ordered by a
19-27 court to pay restitution;
20-1 (2) the inmate's family and dependents;
20-2 (3) the state, as reimbursement for the cost of the
20-3 inmate's confinement;
20-4 (4) the compensation to victims of crime fund, created
20-5 by Article 56.54, Code of Criminal Procedure <Section 14, Crime
20-6 Victims Compensation Act (Article 8309-1, Vernon's Texas Civil
20-7 Statutes)>; and
20-8 (5) the inmate's trust fund.
20-9 SECTION 1.032. Section 497.005, Government Code, is amended
20-10 to read as follows:
20-11 Sec. 497.005. Proceeds From Prison Industries. Proceeds
20-12 received from the operation of a prison industries program shall be
20-13 deposited in the industrial revolving fund. The proceeds may be
20-14 used by the department <institutional division> for the
20-15 administration of this subchapter.
20-16 SECTION 1.033. Section 497.006, Government Code, is amended
20-17 to read as follows:
20-18 Sec. 497.006. Contracts. To encourage the development and
20-19 expansion of the prison industries program, the prison industries
20-20 office may enter into necessary contracts related to the prison
20-21 industries program. With the approval of the board, the office may
20-22 enter into a contract with a private business to conduct a program
20-23 on or off property operated by the department <institutional
20-24 division>.
20-25 SECTION 1.034. Section 497.008, Government Code, is amended
20-26 to read as follows:
20-27 Sec. 497.008. Lease of Land. To further the expansion and
21-1 development of the prison industries program, the department
21-2 <institutional division> may lease prison land to a private
21-3 business. A lease under this section may not exceed a term of 50
21-4 years. The business must lease the land at fair market value and
21-5 may construct or convert plant facilities on the land.
21-6 SECTION 1.035. Section 497.009, Government Code, is amended
21-7 to read as follows:
21-8 Sec. 497.009. Certification for Franchise Tax Credit. The
21-9 department <institutional division> or the prison industries office
21-10 on behalf of the department <institutional division> shall prepare
21-11 and issue a certification that a corporation requires to establish
21-12 eligibility for the franchise tax credit for wages paid to inmates
21-13 or employees who were inmates under Subchapter L, Chapter 171, Tax
21-14 Code.
21-15 SECTION 1.036. Section 497.010, Government Code, is amended
21-16 to read as follows:
21-17 Sec. 497.010. Compliance. The prison industries office may
21-18 enter into a contract with a private business under Section 497.006
21-19 only if the contract specifies that the prison industries office
21-20 and the private business will comply with the Private Sector/Prison
21-21 Industry Enhancement Certification Program operated by the Bureau
21-22 of Justice Assistance and authorized by 18 U.S.C. Section 1761 <42
21-23 U.S.C. Section 3701 et seq>.
21-24 SECTION 1.037. Section 497.034(c), Government Code, is
21-25 amended to read as follows:
21-26 (c) The institutional division may use surplus agricultural
21-27 lands to provide agricultural products to a nonprofit organization
22-1 at no profit to the division <Article 9, State Purchasing and
22-2 General Services Act (Article 601b, Vernon's Texas Civil Statutes),
22-3 applies to property described by Subsection (a)>.
22-4 SECTION 1.038. Section 497.035(a), Government Code, is
22-5 amended to read as follows:
22-6 (a) A person commits an offense if the person intentionally
22-7 sells or offers to sell on the open market in this state an article
22-8 or product the person knows was manufactured in whole or in part by
22-9 an inmate of the institutional division or an inmate in a
22-10 correctional facility in any other state, other than an inmate:
22-11 (1) who was on community supervision, <probation or>
22-12 parole, or mandatory supervision;
22-13 (2) <or> employed by an enterprise who has employed
22-14 the inmate to advantage themselves of the Franchise Tax Credit
22-15 offered under Subchapter L, Chapter 171, Tax Code, at the time of
22-16 manufacture; or
22-17 (3) participating in a federally certified prison
22-18 industry enhancement program.
22-19 SECTION 1.039. Section 497.081(a), Government Code, is
22-20 amended to read as follows:
22-21 (a) For the purposes of this subchapter, only the
22-22 institutional division may appoint an inmate to serve as a trusty,
22-23 under policies <rules> adopted by the director of the institutional
22-24 division.
22-25 SECTION 1.040. Subchapter D, Chapter 497, Government Code,
22-26 is amended by adding Section 497.090 to read as follows:
22-27 Sec. 497.090. WORK REQUIRED. The department shall require
23-1 each inmate to work, to the extent that the inmate is physically
23-2 capable of working.
23-3 SECTION 1.041. Section 497.091, Government Code, is amended
23-4 to read as follows:
23-5 Sec. 497.091. Contracts for Inmate Labor. (a) In this
23-6 section:
23-7 (1) "Agency" has the meaning assigned that term by
23-8 Section 771.002 <2, The Interagency Cooperation Act (Article
23-9 4413(32), Vernon's Texas Civil Statutes)>.
23-10 (2) "Local government" has the meaning assigned that
23-11 term by Section 791.003 <3, The Interlocal Cooperation Act (Article
23-12 4413(32c), Vernon's Texas Civil Statutes)>.
23-13 (b) The department <institutional division> shall seek
23-14 contracts with agencies and local governments to provide inmate
23-15 labor to those agencies and governments.
23-16 (c) The department <institutional division> may not enter
23-17 into a contract with an agency under this section unless the
23-18 contract complies with Chapter 771 <The Interagency Cooperation Act
23-19 (Article 4413(32), Vernon's Texas Civil Statutes)> and may not
23-20 enter into a contract with a local government under this section
23-21 unless the contract complies with Chapter 791 <The Interlocal
23-22 Cooperation Act (Article 4413(32c), Vernon's Texas Civil
23-23 Statutes)>. A contract entered into under this section may provide
23-24 that the department <institutional division> be reimbursed for
23-25 expenses incurred by the division in providing inmate labor to the
23-26 agency or local government.
23-27 SECTION 1.042. Section 497.092(b), Government Code, is
24-1 amended to read as follows:
24-2 (b) An agreement or contract entered into under this section
24-3 and payments made under the agreement or contract must conform with
24-4 Chapter 771 <The Interagency Cooperation Act (Article 4413(32),
24-5 Vernon's Texas Civil Statutes)>.
24-6 SECTION 1.043. Section 497.094, Government Code, is amended
24-7 to read as follows:
24-8 Sec. 497.094. Job Training Programs. The department
24-9 <institutional division and the pardons and paroles division by
24-10 rule> shall <adopt a memorandum of understanding that establishes
24-11 the respective responsibility of the institutional division to>
24-12 implement job training programs for inmates confined in facilities
24-13 operated by the department and <of the pardons and paroles division
24-14 to> monitor the success of those programs. The department shall
24-15 collect <memorandum must establish a method by which the pardons
24-16 and paroles division provides the institutional division with>
24-17 information relating to the employment histories of inmates
24-18 released from the institutional division on parole and mandatory
24-19 supervision. <The institutional division shall coordinate the
24-20 development of the memorandum of understanding.>
24-21 SECTION 1.044. Section 497.096, Government Code, is amended
24-22 to read as follows:
24-23 Sec. 497.096. Liability Protections. An employee of the
24-24 Texas Department of Criminal Justice, sheriff, employee of a
24-25 sheriff's department, county commissioner, county employee, county
24-26 judge, employee of a community corrections and supervision
24-27 department, restitution center, or officer or employee of a
25-1 political subdivision other than a county is not liable for damages
25-2 arising from an act or failure to act in connection with community
25-3 service performed by an inmate imprisoned in a facility operated by
25-4 the department <pursuant to court order> or in connection with an
25-5 inmate or offender programmatic or nonprogrammatic activity,
25-6 including work, community service, educational, and treatment
25-7 activities, if the act or failure to act was not intentional,
25-8 wilfully or wantonly negligent, or performed with conscious
25-9 indifference or reckless disregard for the safety of others.
25-10 SECTION 1.045. Subchapter E, Chapter 497, Government Code,
25-11 is amended by adding Section 497.097 to read as follows:
25-12 Sec. 497.097. USE OF STATE JAIL FELONS. The department may
25-13 use the labor of defendants confined in a state jail felony
25-14 facility in any work or community service program or project
25-15 performed by the institutional division.
25-16 SECTION 1.046. Section 498.001(1), Government Code, is
25-17 amended to read as follows:
25-18 (1) "Inmate" means a person imprisoned <confined> by
25-19 order of a court <in the institutional division>, whether the
25-20 person is actually imprisoned <confined> in a facility operated by
25-21 or under contract with the institutional division <the institution>
25-22 or is under the supervision or custody of the pardons and paroles
25-23 division.
25-24 SECTION 1.047. Section 498.002, Government Code, is amended
25-25 to read as follows:
25-26 Sec. 498.002. Classification and Reclassification. The
25-27 department <institutional division> shall classify each inmate as
26-1 soon as practicable on the inmate's arrival at the institutional
26-2 division or a transfer facility and, subject to the requirements of
26-3 Section 498.005, shall reclassify the inmate as circumstances
26-4 warrant. Each inmate must be classified according to the inmate's
26-5 conduct, obedience, industry, and criminal history. The department
26-6 <director of the institutional division> shall maintain a record on
26-7 each inmate showing each classification and reclassification of the
26-8 inmate with the date and reason for each classification or
26-9 reclassification. The department <institutional division> may
26-10 classify each inmate on the inmate's arrival at the institutional
26-11 division or a transfer facility in a time-earning category that
26-12 does not allow the inmate to earn more than 30 days' good conduct
26-13 time for each 30 days actually served.
26-14 SECTION 1.048. Section 498.003, Government Code, is amended
26-15 to read as follows:
26-16 Sec. 498.003. Accrual of Good Conduct Time. (a) Good
26-17 conduct time applies only to eligibility for parole or mandatory
26-18 supervision as provided by Section 8, Article 42.18, Code of
26-19 Criminal Procedure, and does not otherwise affect an inmate's term.
26-20 Good conduct time is a privilege and not a right. Regardless of
26-21 the classification of an inmate, the department <director of the
26-22 institutional division> may grant good conduct time to the inmate
26-23 only if the department <director> finds that the inmate is actively
26-24 engaged in an agricultural, vocational, or educational endeavor or
26-25 in an industrial program or other work program, unless the
26-26 department <director> finds that the inmate is not capable of
26-27 participating in such an endeavor.
27-1 (b) An inmate accrues good conduct time according to the
27-2 inmate's classification in amounts as follows:
27-3 (1) 20 days for each 30 days actually served while the
27-4 inmate is classified as a trusty, except that the department
27-5 <director of the institutional division> may award the inmate not
27-6 more than 10 extra days for each 30 days actually served;
27-7 (2) 20 days for each 30 days actually served while the
27-8 inmate is classified as a Class I inmate; and
27-9 (3) 10 days for each 30 days actually served while the
27-10 inmate is classified as a Class II inmate.
27-11 (c) An inmate may not accrue good conduct time during any
27-12 period the inmate is classified as a Class III inmate or is on
27-13 parole or under mandatory supervision.
27-14 (d) An inmate may accrue good conduct time, in an amount
27-15 determined by the department <director of the institutional
27-16 division> that does not exceed 15 days for each 30 days actually
27-17 served, for diligent participation in an industrial program or
27-18 other work program or for participation in an agricultural,
27-19 educational, or vocational program provided to inmates by the
27-20 department <institutional division>. For the purposes of this
27-21 subsection, the term "participation in an educational program"
27-22 includes the participation of the inmate as a tutor or a pupil in a
27-23 literacy program authorized by Section 501.005. The department
27-24 <institutional division> may not award good conduct time under this
27-25 subsection for participation in a literacy program unless the
27-26 department <division> determines that the inmate participated in
27-27 good faith and with diligence as a tutor or pupil.
28-1 (e) If a person is confined in a county jail <or a transfer
28-2 facility operated by the institutional division is transferred to
28-3 any other facility of the institutional division for confinement
28-4 purposes>, the department <director of the institutional division>
28-5 shall award good conduct time to the person up to an amount equal
28-6 to the amount earned by an inmate in the entry level time earning
28-7 class <that which the person could have accrued during the period
28-8 of confinement in the county jail or transfer facility if instead
28-9 the person had been imprisoned in the division during that period>.
28-10 The department <director of the institutional division> shall award
28-11 good conduct time to a defendant for diligent participation in a
28-12 voluntary work program operated by a sheriff under Article 43.101,
28-13 Code of Criminal Procedure, in the same manner as if the inmate had
28-14 diligently participated in an industrial program or other work
28-15 program provided to inmates by the department <institutional
28-16 division>. The sheriff of each county shall have attached a
28-17 certification of the number of days each inmate diligently
28-18 participated in the volunteer work program operated by the sheriff
28-19 under Article 43.101, Code of Criminal Procedure.
28-20 SECTION 1.049. Section 498.004, Government Code, is amended
28-21 to read as follows:
28-22 Sec. 498.004. Forfeiture and Restoration of Good Conduct
28-23 Time. (a) If, during the actual term of imprisonment of an inmate
28-24 in the institutional division or in a transfer facility, the inmate
28-25 commits an offense or violates a rule of the division, the
28-26 department <director of the institutional division> may forfeit all
28-27 or any part of the inmate's accrued good conduct time. The
29-1 department <director of the institutional division> may restore
29-2 good conduct time forfeited under this subsection subject to
29-3 policies established <rules adopted> by the institutional division.
29-4 (b) On the revocation of parole or mandatory supervision of
29-5 an inmate, the inmate forfeits all good conduct time previously
29-6 accrued. On return to the institutional division the inmate may
29-7 accrue new good conduct time for subsequent time served in the
29-8 division. The department <director of the institutional division>
29-9 may restore good conduct time forfeited on a revocation that does
29-10 not involve a new criminal conviction after the inmate has served
29-11 at least three months of good behavior in the institutional
29-12 division, subject to policies established <rules adopted> by the
29-13 division. <Not later than the 60th day after the date an inmate is
29-14 returned to the institutional division following a revocation of
29-15 parole or mandatory supervision, the pardons and paroles division
29-16 shall notify the director of the institutional division of the
29-17 grounds for revocation.>
29-18 SECTION 1.050. Section 498.005, Government Code, is amended
29-19 to read as follows:
29-20 Sec. 498.005. Annual Review of Classification; Restoration
29-21 of Good Time; Retroactive Award of Good Time. At least annually,
29-22 the board shall review the institutional division's policies
29-23 <rules> relating to restoration of good conduct time that has been
29-24 forfeited, the manner in which inmates are classified and
29-25 reclassified, and the manner in which additional good conduct time
29-26 is awarded retroactively to inmates who have been reclassified.
29-27 <The board shall consider in its review whether the inmate
30-1 overcrowding in the institutional division has decreased and
30-2 whether it is necessary for purposes of decreasing overcrowding to
30-3 classify inmates according to Section 498.002 to restore good
30-4 conduct time under Section 498.004, or to award additional good
30-5 conduct time retroactively to inmates who have been reclassified.
30-6 If the board determines that overcrowding has decreased and it is
30-7 not necessary to restore good conduct time or award additional good
30-8 conduct time, it shall direct the institutional division to
30-9 discontinue those practices.>
30-10 SECTION 1.051. Sections 499.001(1) and (3), Government Code,
30-11 are amended to read as follows:
30-12 (1) "Community residential facility" means a facility
30-13 <halfway house certified by and> under contract with the department
30-14 <pardons and paroles division> under Section 8(i), Article 42.18,
30-15 Code of Criminal Procedure, or another facility or residence
30-16 approved by the department <pardons and paroles division>.
30-17 (3) "Pre-parolee" means an eligible inmate of whom the
30-18 pardons and paroles division has assumed custody.
30-19 SECTION 1.052. Sections 499.002(a) and (b), Government Code,
30-20 are amended to read as follows:
30-21 (a) The pardons and paroles division may assume custody of
30-22 an eligible inmate not more than one year <180 days> before the
30-23 inmate's presumptive parole date or mandatory supervision release
30-24 date. The eligible inmate becomes a pre-parolee on the date the
30-25 pardons and paroles division assumes custody, and the pardons and
30-26 paroles division immediately shall transfer the pre-parolee to a
30-27 community residential facility. Except as otherwise provided by
31-1 this subchapter, the pre-parolee may serve the remainder of the
31-2 pre-parolee's sentence before release on parole in the facility
31-3 designated by the pardons and paroles division.
31-4 (b) At the time of the transfer of the pre-parolee, the
31-5 pardons and paroles division shall designate a community
31-6 residential facility as the pre-parolee's assigned unit of
31-7 confinement.
31-8 SECTION 1.053. Section 499.0021, Government Code, is amended
31-9 to read as follows:
31-10 Sec. 499.0021. Transfer of revoked DEFENDANTS
31-11 <PROBATIONERS>. (a) An inmate is eligible for transfer under this
31-12 section if the inmate is confined in the institutional division or
31-13 a county jail following revocation of community supervision
31-14 <probation> on grounds other than the commission of a subsequent
31-15 felony offense.
31-16 (b) The pardons and paroles division may assume custody of
31-17 an inmate who is eligible for transfer under this section not
31-18 earlier than one year before the inmate's presumptive parole date.
31-19 The inmate becomes a pre-parolee on the date the pardons and
31-20 paroles division assumes custody, and the pardons and paroles
31-21 division immediately shall transfer the pre-parolee to a facility
31-22 under contract with the department <division>, which may be a
31-23 community residential facility, a community corrections facility
31-24 listed in Section 1(b), Article 42.13, Code of Criminal Procedure,
31-25 or a county correctional facility. A pre-parolee transferred under
31-26 this section is considered to be in the actual physical custody of
31-27 the pardons and paroles division.
32-1 (c) A pre-parolee transferred by the pardons and paroles
32-2 division to a facility under this section is subject to the
32-3 provisions of Sections 499.002(c), 499.004, and 499.005 in the same
32-4 manner as if the person were a pre-parolee who had been transferred
32-5 to a community residential facility under Section 499.002.
32-6 SECTION 1.054. Section 499.003, Government Code, is amended
32-7 to read as follows:
32-8 Sec. 499.003. Transfer From Jail or Other Correctional
32-9 Facility. (a) A person is eligible for transfer under this
32-10 section from a jail or correctional institution to a secure
32-11 community residential facility if:
32-12 (1) the person has been sentenced to a term of
32-13 confinement in the institutional division;
32-14 (2) the person has not been delivered to the custody
32-15 of the institutional division, but rather is confined in a jail in
32-16 this state, a federal correctional institution, or a jail or
32-17 correctional institution in another state; and
32-18 (3) a presumptive parole date or mandatory supervision
32-19 release date for the person has been established.
32-20 (b) The pardons and paroles division may authorize the
32-21 transfer of an eligible person from a jail in this state, a federal
32-22 correctional institution, or a jail or correctional institution in
32-23 another state to a secure community residential facility designated
32-24 by the pardons and paroles division not more than one year <180
32-25 days> before the person's presumptive parole date or mandatory
32-26 supervision release date. A person transferred under this section
32-27 is considered to be in the actual physical custody of the pardons
33-1 and paroles division.
33-2 (c) A person transferred by the pardons and paroles division
33-3 to a secure community residential facility is subject to the
33-4 provisions of Sections 499.002(c), 499.004, and 499.005 in the same
33-5 manner as if the person is a pre-parolee who had been transferred
33-6 to a community residential facility under Section 499.002.
33-7 (d) The pardons and paroles division may request of a
33-8 sheriff that the sheriff forward to the pardons and paroles
33-9 division copies of any records possessed by the sheriff that are
33-10 relevant to the pardons and paroles division in its determination
33-11 as to whether to transfer a person from the county jail to a secure
33-12 community residential facility, and the pardons and paroles
33-13 division shall request the sheriff to forward to the institutional
33-14 division and to the pardons and paroles division the information
33-15 relating to the defendant the sheriff would be required under
33-16 Section 8, Article 42.09, Code of Criminal Procedure, to deliver to
33-17 the department <institutional division> had the defendant been
33-18 transferred to the institutional division. The pardons and paroles
33-19 division shall determine whether the information forwarded by the
33-20 sheriff contains a thumbprint taken from the person in the manner
33-21 provided by Article 38.33, Code of Criminal Procedure, and, if not,
33-22 the pardons and paroles division shall obtain a thumbprint in the
33-23 manner provided by that article, and shall forward the thumbprint
33-24 to the institutional division for inclusion with the information
33-25 sent by the sheriff. The sheriff shall comply with a request from
33-26 the pardons and paroles division made under this subsection.
33-27 SECTION 1.055. Section 499.004, Government Code, is amended
34-1 to read as follows:
34-2 Sec. 499.004. Rules; Supervision of Pre-Parolees. (a) The
34-3 department <Board of Pardons and Paroles> shall establish policies
34-4 <adopt rules> for the conduct of pre-parolees transferred under
34-5 this subchapter.
34-6 (b) On transfer, the pre-parolee is subject to supervision
34-7 by the pardons and paroles division and shall obey the orders of
34-8 the Board of Pardons and Paroles and the pardons and paroles
34-9 division.
34-10 (c) A facility director or designee of a facility director
34-11 <An officer assigned by the pardons and paroles division to
34-12 supervise a pre-parolee transferred under this subchapter must make
34-13 periodic written reports to the pardons and paroles division
34-14 concerning the pre-parolee's adjustment. The officer> shall
34-15 immediately report to the pardons and paroles division in writing
34-16 if the director or designee <officer> believes that a <the>
34-17 pre-parolee has violated the terms of the pre-parolee's transfer
34-18 agreement or the rules of the facility <and may include in the
34-19 report the officer's recommendation as to the disciplinary action
34-20 the pardons and paroles division should take in the case. The
34-21 officer may also recommend to a parole panel that it rescind or
34-22 revise the pre-parolee's presumptive parole date>. The pardons
34-23 and paroles division may require an agent of the pardons and
34-24 paroles division or the community residential facility to conduct a
34-25 hearing.
34-26 (d) If the pardons and paroles division has an
34-27 administrative need to deliver the pre-parolee to the custody of
35-1 the institutional division or if after a disciplinary hearing the
35-2 pardons and paroles division concurs that a violation has occurred,
35-3 the pardons and paroles division <with the approval of the
35-4 institutional division> may deliver the pre-parolee to the actual
35-5 custody of the institutional division and the institutional
35-6 division may assign the pre-parolee to a regular unit of the
35-7 institutional division. <If the officer reporting a violation
35-8 recommends a disciplinary action, the pardons and paroles division
35-9 shall follow the recommendation unless it determines that another
35-10 disciplinary action is more appropriate.> If the pardons and
35-11 paroles division <officer> recommends rescission or revision of the
35-12 pre-parolee's presumptive parole date, a parole panel shall rescind
35-13 or revise the date unless it determines the action is
35-14 inappropriate.
35-15 (e) Before <During the period after> a pre-parolee is
35-16 transferred to a community residential facility under this section
35-17 <article> and before the pre-parolee is released on parole, the
35-18 department <pardons and paroles division> may award good conduct
35-19 time to the pre-parolee <earned by the pre-parolee during that
35-20 period> in the same amounts and in the same manner as the
35-21 department <director of the institutional division> awards good
35-22 conduct time to inmates <prisoners> in the institutional division
35-23 <department> under Chapter 498 <Section 498.003>.
35-24 SECTION 1.056. Section 499.026(d), Government Code, is
35-25 amended to read as follows:
35-26 (d) Not later than the 10th day before the date on which a
35-27 parole panel proposes to release an inmate under this subchapter,
36-1 the department <pardons and paroles division> shall give notice of
36-2 the proposed release to the sheriff, the attorney representing the
36-3 state, and the district judge of the county in which the defendant
36-4 was convicted. If there was a change of venue in the case, the
36-5 department <pardons and paroles division> shall also notify the
36-6 sheriff, the attorney representing the state, and the district
36-7 judge of the county in which the prosecution was originated.
36-8 SECTION 1.057. Sections 499.027(b) and (c), Government Code,
36-9 are amended to read as follows:
36-10 (b) An inmate is not eligible under this subchapter to be
36-11 considered for release to intensive supervision parole if:
36-12 (1) the inmate is awaiting transfer to the
36-13 institutional division, or serving a sentence, for an offense for
36-14 which the judgment contains an affirmative finding under Section
36-15 3g(a)(2), Article 42.12, Code of Criminal Procedure;
36-16 (2) the inmate is awaiting transfer to the
36-17 institutional division, or serving a sentence, for an offense
36-18 listed in one of the following sections of the Penal Code:
36-19 (A) Section 19.02 (murder);
36-20 (B) Section 19.03 (capital murder);
36-21 (C) Section 19.04 (<voluntary> manslaughter);
36-22 (D) Section 20.03 (kidnapping);
36-23 (E) Section 20.04 (aggravated kidnapping);
36-24 (F) Section 21.11 (indecency with a child);
36-25 (G) Section 22.011 (sexual assault);
36-26 (H) Section 22.02 <22.021> (aggravated <sexual>
36-27 assault);
37-1 (I) Section 22.021 (aggravated sexual assault)
37-2 <22.03 (deadly assault on law enforcement or corrections officer or
37-3 court participant)>;
37-4 (J) Section 22.04 (injury to a child or an
37-5 elderly individual);
37-6 (K) Section 25.02 (prohibited sexual conduct
37-7 <incest>);
37-8 (L) <Section 25.06 (solicitation of a child);>
37-9 <(M)> Section 25.08 <25.11> (sale or purchase of
37-10 a child);
37-11 (M) <(N)> Section 28.02 (arson);
37-12 (N) <(O)> Section 29.02 (robbery);
37-13 (O) <(P)> Section 29.03 (aggravated robbery);
37-14 (P) <(Q)> Section 30.02 (burglary), if the
37-15 offense is punished as a first-degree felony under that section;
37-16 (Q) <(R)> Section 43.04 (aggravated promotion of
37-17 prostitution);
37-18 (R) <(S)> Section 43.05 (compelling
37-19 prostitution);
37-20 (S) <(T)> Section 43.24 (sale, distribution, or
37-21 display of harmful material to minor);
37-22 (T) <(U)> Section 43.25 (sexual performance by a
37-23 child);
37-24 (U) <(V)> Section 46.10 <46.11> (deadly weapon
37-25 in penal institution);
37-26 (V) <(W)> Section 15.01 (criminal attempt), if
37-27 the offense attempted is listed in this subsection;
38-1 (W) <(X)> Section 15.02 (criminal conspiracy),
38-2 if the offense that is the subject of the conspiracy is listed in
38-3 this subsection; or
38-4 (X) <(Y)> Section 15.03 (criminal solicitation),
38-5 if the offense solicited is listed in this subsection; or
38-6 (3) the inmate is awaiting transfer to the
38-7 institutional division, or serving a sentence, for an offense under
38-8 <listed in one of the following sections of> Chapter 481, Health
38-9 and Safety Code, punishable by a minimum term of imprisonment or a
38-10 maximum fine that is greater than the minimum term of imprisonment
38-11 or the maximum fine for a first degree felony <:>
38-12 <(A) Section 481.112(c), 481.113(c), or
38-13 481.114(c) (aggravated manufacture or delivery of a controlled
38-14 substance);>
38-15 <(B) Section 481.115(c), 481.116(c), 481.117(c),
38-16 or 481.118(c) (aggravated possession of a controlled substance);>
38-17 <(C) Section 481.120 (delivery of marihuana) if
38-18 the offense is punished under Subsection (b)(5) of that section;>
38-19 <(D) Section 481.120(c) (aggravated delivery of
38-20 marihuana); or>
38-21 <(E) Section 481.121(c) (aggravated possession
38-22 of marihuana)>.
38-23 (c) The department <institutional division> shall provide
38-24 each county with necessary assistance to enable the county to
38-25 identify inmates confined in the county jail who may be eligible
38-26 under this subchapter to be considered for release.
38-27 SECTION 1.058. Section 499.028, Government Code, is amended
39-1 to read as follows:
39-2 Sec. 499.028. FACILITIES EXPANSION AND IMPROVEMENT REPORT.
39-3 The department <institutional division> shall submit a facilities
39-4 expansion and improvement report to the governor and the
39-5 Legislative Budget Board not less than once every 60 days. The
39-6 report must describe all construction projects that will result in
39-7 the addition or removal of beds from department <the system>
39-8 capacity, the projected completion dates for each project, and the
39-9 number of beds that will be added to or removed from capacity on
39-10 completion of the construction projects.
39-11 SECTION 1.059. Section 499.052(a), Government Code, is
39-12 amended to read as follows:
39-13 (a) The institutional division shall establish a program to
39-14 confine persons who are required to serve not more than 90 days in
39-15 the institutional division as a condition of a sentence imposed
39-16 under Section 8, Article 42.12, Code of Criminal Procedure. The
39-17 <director of the> institutional division may limit the number of
39-18 persons participating in the program.
39-19 SECTION 1.060. Section 499.071, Government Code, is amended
39-20 to read as follows:
39-21 Sec. 499.071. SCHEDULED ADMISSIONS POLICY <ALLOCATION
39-22 FORMULA>. <(a)> The board shall adopt and enforce a scheduled
39-23 admissions policy that permits the institutional division to accept
39-24 inmates within 45 days of processing as required by Section
39-25 499.121(c). <an allocation formula that fairly and equitably
39-26 allocates to each county the number of institutional division
39-27 admissions allocated to the county until sufficient capacity is
40-1 available in the institutional division. In devising the formula,
40-2 the board shall consider relevant factors for each county served by
40-3 a department and shall assign weights to those factors as
40-4 determined appropriate by the board. The factors shall include but
40-5 are not limited to:>
40-6 <(1) the percentage of prison admissions for the
40-7 entire state that were used by the county in the preceding 12
40-8 months;>
40-9 <(2) the percentage of the state's violent index crime
40-10 that occurred in the county in the preceding 12 months;>
40-11 <(3) the percentage of the state's total index crime
40-12 that occurred in the county in the preceding 12 months;>
40-13 <(4) the percentage of the state's total arrests under
40-14 Chapter 481, Health and Safety Code, that occurred in the county in
40-15 the preceding 12 months;>
40-16 <(5) the percentage of the state's population residing
40-17 in the county;>
40-18 <(6) the percentage of the state's total unemployment
40-19 in the county; and>
40-20 <(7) the percentage of all defendants serving
40-21 sentences for felonies who were paroled from the institutional
40-22 division, a jail in this state, a federal correctional institution,
40-23 or a jail or correctional institution in another state in the
40-24 preceding 12 months and who were released to reside in the county.>
40-25 <(b) The board shall adopt and enforce an allocation formula
40-26 that fairly and equitably allocates community corrections program
40-27 funding to each community supervision and corrections department,
41-1 in the manner provided by Section 10(a)(3), Article 42.13, Code of
41-2 Criminal Procedure. In devising the formula, the board shall use
41-3 the factors listed in Subsection (a), but may assign different
41-4 weights to those factors than those used in developing the
41-5 admissions allocation formula. The board also may use factors not
41-6 listed in Subsection (a) in devising the formula under this
41-7 subsection.>
41-8 <(c) If the board is unable to obtain for a factor listed in
41-9 Subsection (a) information for the preceding 12-month period, the
41-10 board shall consider the most recent information available for that
41-11 factor.>
41-12 <(d) The board shall revise each formula annually.>
41-13 SECTION 1.061. Section 499.102(a), Government Code, is
41-14 amended to read as follows:
41-15 (a) The staff of the institutional division, on its own
41-16 initiative or as directed by the governor or the board, may
41-17 recommend to the administration of the institutional division that
41-18 the maximum capacity established under Section 499.101 for a unit
41-19 be increased if the staff determines through written findings that
41-20 the division can increase the maximum capacity and provide:
41-21 (1) proper inmate classification and housing within
41-22 the unit that is consistent with the classification system;
41-23 (2) housing flexibility to allow necessary repairs and
41-24 routine and preventive maintenance to be performed without
41-25 compromising the classification system;
41-26 (3) adequate space in dayrooms;
41-27 (4) all meals within a reasonable time, allowing each
42-1 inmate a reasonable time within which to eat;
42-2 (5) operable hygiene facilities that ensure the
42-3 availability of a sufficient number of fixtures to serve the inmate
42-4 population;
42-5 (6) adequate laundry services;
42-6 (7) sufficient staff to:
42-7 (A) meet operational and security needs;
42-8 (B) meet health care needs, including the needs
42-9 of inmates requiring psychiatric care, mentally retarded inmates,
42-10 and physically handicapped inmates;
42-11 (C) provide a safe environment for inmates and
42-12 staff; and
42-13 (D) provide adequate internal affairs
42-14 investigation and review;
42-15 (8) medical, dental, and psychiatric care adequate to
42-16 ensure:
42-17 (A) minimal delays in delivery of service from
42-18 the time sick call requests are made until the service is
42-19 performed;
42-20 (B) access to regional medical facilities;
42-21 (C) access to the institutional division
42-22 hospital at Galveston or contract facilities performing the same
42-23 services;
42-24 (D) access to specialty clinics; and
42-25 (E) a sufficient number of psychiatric inpatient
42-26 beds and sheltered beds for mentally retarded inmates;
42-27 (9) a fair disciplinary system that ensures due
43-1 process and is adequate to ensure safety and order in the unit;
43-2 (10) work, vocational, academic, and on-the-job
43-3 training programs that afford all eligible inmates with an
43-4 opportunity to learn job skills or work habits that can be applied
43-5 on release, appropriately staffed and of sufficient quality;
43-6 (11) a sufficient number and quality of
43-7 nonprogrammatic and recreational activities for all eligible
43-8 inmates who choose to participate;
43-9 (12) adequate assistance from persons trained in the
43-10 law or a law library with a collection containing necessary
43-11 materials and space adequate for inmates to use the law library for
43-12 study related to legal matters;
43-13 (13) adequate space and staffing to permit contact and
43-14 noncontact visitation of all eligible inmates;
43-15 (14) adequate maintenance programs to repair and
43-16 prevent breakdowns caused by increased use of facilities and
43-17 fixtures; and
43-18 (15) space and staff sufficient to provide all the
43-19 services and facilities required by this section.
43-20 SECTION 1.062. Section 499.110, Government Code, is amended
43-21 to read as follows:
43-22 Sec. 499.110. <Applicability of> Administrative Procedure
43-23 <and Texas Register> Act. Subchapter B, Chapter 2001, <The
43-24 Administrative Procedure and Texas Register Act (Article 6252-13a,
43-25 Vernon's Texas Civil Statutes)> applies to all reviews,
43-26 recommendations, and decisions made under Sections 499.102-499.109.
43-27 SECTION 1.063. Section 499.154, Government Code, is amended
44-1 to read as follows:
44-2 Sec. 499.154. Custody Status; Good Conduct Time. An inmate
44-3 described by Section 499.152 confined in a transfer facility
44-4 authorized by this subchapter earns good conduct time in the same
44-5 manner and subject to the same rules as if the inmate were confined
44-6 in <a county jail awaiting transfer to> the institutional division.
44-7 SECTION 1.064. Section 499.155(a), Government Code, is
44-8 amended to read as follows:
44-9 (a) Except as provided by Subsection (b), the institutional
44-10 division may not confine an inmate described by Section 499.152 in
44-11 a transfer facility authorized by this subchapter for a period that
44-12 exceeds the maximum period for which a state jail felon may be
44-13 confined in a state jail felony facility under Section 12.35, Penal
44-14 Code <12 months>.
44-15 SECTION 1.065. Section 500.001, Government Code, is amended
44-16 to read as follows:
44-17 Sec. 500.001. Supervisory or Disciplinary Authority of
44-18 Inmates. (a) An inmate housed in a facility operated by the
44-19 department or under contract with the department <the custody of
44-20 the institutional division> may not act in a supervisory or
44-21 administrative capacity over another inmate.
44-22 (b) An inmate housed in a facility operated by the
44-23 department or under contract with the department <the custody of
44-24 the institutional division> may not administer disciplinary action
44-25 over another inmate.
44-26 SECTION 1.066. Section 500.002, Government Code, is amended
44-27 to read as follows:
45-1 Sec. 500.002. Destruction of Property. (a) An inmate
45-2 housed in a facility operated by the department or under contract
45-3 with the department <of the institutional division> is liable for
45-4 the inmate's intentional damage to property belonging to the state.
45-5 If more than one inmate is involved in damage to property, each
45-6 inmate involved in the damage is jointly and severally liable.
45-7 (b) The department <institutional division> shall establish
45-8 a hearing procedure, giving consideration to the due process rights
45-9 of inmates, for the adjudication of claims for property damage
45-10 under this section <article>. Damages may be awarded to the
45-11 department <institutional division> only after a hearing and may
45-12 not exceed the value of the property damaged.
45-13 (c) If at a hearing it is determined that an inmate is
45-14 liable for property damage, the department <institutional division>
45-15 may seize the contents of inmate trust funds established for the
45-16 inmate under <Section 497.056 and> Section 501.014.
45-17 (d) An inmate, after exhausting all administrative remedies
45-18 provided by the grievance system developed under Section 501.008,
45-19 may appeal a final decision <ruling following a hearing> under this
45-20 section by filing a petition for judicial review <an appeal> in a
45-21 district court having jurisdiction in the county in which the
45-22 alleged damages occurred. On judicial review <appeal>, the
45-23 district court shall follow the rules governing judicial review of
45-24 contested cases under Subchapter G, Chapter 2001 <Section 19,
45-25 Administrative Procedure and Texas Register Act (Article 6252-13a,
45-26 Vernon's Texas Civil Statutes)>. Appeals may be taken from the
45-27 district court as in other civil cases.
46-1 (e) If an inmate fails to file a petition seeking judicial
46-2 review of <appeal> an adverse decision within 30 <60> days after
46-3 exhausting all administrative remedies <the date of a hearing under
46-4 Subsection (b)>, a district court may not review the final decision
46-5 <the inmate is barred from appealing the decision>.
46-6 SECTION 1.067. Section 500.003, Government Code, is amended
46-7 to read as follows:
46-8 Sec. 500.003. Gambling Prohibited. Gambling is not
46-9 permitted at any place in a facility operated by or under contract
46-10 with the department <the institutional division> where inmates are
46-11 housed or worked. An employee of the department who engages in
46-12 gambling or knowingly permits gambling at any place where inmates
46-13 are housed or worked is subject to immediate dismissal.
46-14 SECTION 1.068. Section 500.005, Government Code, is amended
46-15 to read as follows:
46-16 Sec. 500.005. Rewards on Escape. The director of the
46-17 institutional division, in compliance with <with the approval of
46-18 the> board policy, may offer a reward for the apprehension of an
46-19 escaped inmate. The director may determine the amount of the
46-20 reward and the manner in which the reward is to be paid.
46-21 SECTION 1.069. Section 500.006, Government Code, is amended
46-22 to read as follows:
46-23 Sec. 500.006. Transportation of Inmates. (a) The
46-24 department <director of the institutional division> shall establish
46-25 policies <adopt rules> to provide for the safe transfer of inmates
46-26 <from the counties in which inmates are sentenced to the
46-27 institutional division>. A sheriff may transport inmates to the
47-1 institutional division if the sheriff is able to perform the
47-2 service as economically as if the service were performed by the
47-3 division. The institutional division is responsible for the cost
47-4 of transportation of inmates to the division.
47-5 (b) An inmate may not be transported directly from a county
47-6 jail to an institutional division facility other than a designated
47-7 diagnostic unit or a transfer facility <farm>. <The institutional
47-8 division shall designate units as receiving stations and all
47-9 inmates must be initially transported to a receiving station. At
47-10 the receiving station:>
47-11 <(1) the institutional division shall determine what
47-12 type of labor the inmate may reasonably perform; and>
47-13 <(2) the director of the institutional division shall
47-14 require each inmate to make a statement containing:>
47-15 <(A) a brief history of the inmate's life that
47-16 states where the inmate has resided and other facts that describe
47-17 the inmate's past habits and character; and>
47-18 <(B) names and mailing addresses of the inmate's
47-19 immediate relatives.>
47-20 <(c) The director of the institutional division shall
47-21 attempt to verify or disprove the accuracy of the statement if
47-22 practicable.>
47-23 <(d) The director of the institutional division shall retain
47-24 the statement.>
47-25 SECTION 1.070. Section 501.002, Government Code, is amended
47-26 to read as follows:
47-27 Sec. 501.002. Assault by Employee on Inmate. If an employee
48-1 of the department <institutional division> commits an assault on an
48-2 inmate housed in a facility operated by or under contract with the
48-3 department, the executive director <of the institutional division>
48-4 shall file a complaint with the proper official of the county in
48-5 which the offense occurred. If an employee is charged with an
48-6 assault described by this section, an inmate or person who was an
48-7 inmate at the time of the alleged offense may testify in a
48-8 prosecution of the offense.
48-9 SECTION 1.071. Section 501.003, Government Code, is amended
48-10 to read as follows:
48-11 Sec. 501.003. Food. The department <director of the
48-12 institutional division> shall ensure that inmates housed in
48-13 facilities operated by the department are fed good and wholesome
48-14 food, prepared under sanitary conditions, and provided in
48-15 sufficient quantity and reasonable variety. The department
48-16 <director of the institutional division> shall hold employees
48-17 charged with preparing food for inmates strictly to account for a
48-18 failure to carry out this section. The department <director of the
48-19 institutional division> shall provide for the training of inmates
48-20 as cooks so that food for inmates may be properly prepared.
48-21 SECTION 1.072. Section 501.004, Government Code, is amended
48-22 to read as follows:
48-23 Sec. 501.004. Clothing. The department <institutional
48-24 division> shall provide to inmates housed in facilities operated by
48-25 the department suitable clothing that is of substantial material,
48-26 uniform make, and reasonable fit and footwear that is substantial
48-27 and comfortable. The department <institutional division> may not
49-1 allow an inmate to wear clothing that is not furnished by the
49-2 department <division>, except as a reward for meritorious conduct.
49-3 The department <director of the institutional division> may allow
49-4 inmates to wear underwear not furnished by the department
49-5 <institutional division>.
49-6 SECTION 1.073. Section 501.005, Government Code, is amended
49-7 to read as follows:
49-8 Sec. 501.005. Literacy Programs. (a) The institutional
49-9 division shall establish a program to teach reading to functionally
49-10 illiterate inmates housed in facilities operated by the division.
49-11 The institutional division shall allow an inmate who is capable of
49-12 serving as a tutor to tutor functionally illiterate inmates and
49-13 shall actively encourage volunteer organizations to aid in the
49-14 tutoring of inmates. The institutional division, the inmate to be
49-15 tutored, and the person who tutors the inmate jointly shall
49-16 establish reading goals for the inmate to be tutored. A person who
49-17 acts as a tutor may only function as a teacher and advisor to an
49-18 inmate and may not exercise supervisory authority or control over
49-19 the inmate.
49-20 (b) The institutional division shall require illiterate
49-21 inmates housed in facilities operated by the division to receive
49-22 not less than five or more than eight hours a week of reading
49-23 instruction.
49-24 (c) The institutional division shall identify functionally
49-25 illiterate inmates housed in facilities operated by the division
49-26 and shall inform the parole <pardons and paroles> division if it
49-27 determines that an inmate who is to be released to the supervision
50-1 of the parole <pardons and paroles> division is in need of
50-2 continuing education after release from the institutional division.
50-3 SECTION 1.074. Section 501.006, Government Code, is amended
50-4 to read as follows:
50-5 Sec. 501.006. EMERGENCY ABSENCE <TEMPORARY FURLOUGHS>.
50-6 (a) The institutional division may grant an emergency absence
50-7 under escort <a medical furlough> to an inmate so that the inmate
50-8 may:
50-9 (1) obtain a medical diagnosis or medical treatment;
50-10 (2) obtain <. The institutional division may impose
50-11 security conditions determined by the board to be necessary and
50-12 proper on an inmate during the inmate's furlough.>
50-13 <(b) The institutional division may grant a mental health or
50-14 mental retardation furlough so that an inmate may be transferred to
50-15 a Texas Department of Mental Health and Mental Retardation facility
50-16 for> treatment and supervision at a Texas Department of Mental
50-17 Health and Mental Retardation facility; or<.>
50-18 (3) <(c) The institutional division may grant a
50-19 temporary furlough of not more than seven days to an inmate
50-20 determined to be an acceptable security risk by the division. The
50-21 institutional division may grant a furlough under this subsection
50-22 so that the inmate may> attend a funeral or<,> visit a critically
50-23 ill relative<, or for any other reason determined appropriate by
50-24 the division>.
50-25 <(d) The institutional division may extend a temporary
50-26 furlough granted under Subsection (c) for not more than 10
50-27 additional days, if the division determines that circumstances
51-1 warrant the extension. The board may not grant more than two
51-2 furloughs to an inmate in one calendar year unless the Board of
51-3 Pardons and Paroles and the governor approve an additional furlough
51-4 for the inmate, in the same manner as the board and the governor
51-5 approve emergency reprieves.>
51-6 (b) <(e)> The institutional division shall adopt policies
51-7 <rules> for the administration of the emergency absence under
51-8 escort <temporary furlough> program <and the legislature intends
51-9 that furloughs be given. The rules must state that furloughs are
51-10 granted as the institutional division determines and are not given
51-11 in consideration of the county, region, or state to which an inmate
51-12 is to be furloughed.>
51-13 <(f) The institutional division shall notify the pardons and
51-14 paroles division if the institutional division grants a temporary
51-15 furlough under this section and shall notify the pardons and
51-16 paroles division of the inmate's return to the institutional
51-17 division>.
51-18 (c) <(g)> An inmate absent <furloughed> under this section
51-19 <and an inmate granted an emergency reprieve by the Board of
51-20 Pardons and Paroles and the governor> is considered to be in the
51-21 custody of the institutional division, and <even if> the inmate
51-22 must be <is not> under physical guard while absent <on furlough>.
51-23 <If an inmate described by this subsection does not return to the
51-24 institutional division at the time specified for the inmate's
51-25 return, the inmate is an escapee for the purposes of Section 38.07,
51-26 Penal Code.>
51-27 <(h) The state may not pay for the transportation of an
52-1 inmate on temporary furlough unless the inmate is under physical
52-2 guard during the furlough.>
52-3 <(i) The institutional division may not grant a furlough to
52-4 an inmate convicted of an offense under Section 42.07(a)(7), Penal
52-5 Code.>
52-6 SECTION 1.075. Section 501.007, Government Code, is amended
52-7 to read as follows:
52-8 Sec. 501.007. Inmate Claims for Lost or Damaged Property.
52-9 The department <institutional division> may pay from the
52-10 miscellaneous funds appropriated to the division claims made by
52-11 inmates housed in facilities operated by the department for
52-12 property lost or damaged by the division. The department
52-13 <institutional division> shall maintain a record of all
52-14 transactions made under this section and shall send a copy of that
52-15 record to the state auditor at least annually. The record must
52-16 show the amount of each claim paid, the identity of each claimant,
52-17 and the purpose for which each claim was made. The department
52-18 <institutional division> may not pay under this section more than
52-19 $500 on a claim.
52-20 SECTION 1.076. Section 501.009, Government Code, is amended
52-21 to read as follows:
52-22 Sec. 501.009. Volunteer Organizations. The department
52-23 <institutional division> shall actively encourage volunteer
52-24 organizations to provide the following programs for inmates housed
52-25 in facilities operated by <confined in> the department <division>:
52-26 (1) literacy and education programs;
52-27 (2) life skills programs;
53-1 (3) job skills programs;
53-2 (4) parent-training programs;
53-3 (5) drug and alcohol rehabilitation programs;
53-4 (6) support group programs;
53-5 (7) arts and crafts programs; and
53-6 (8) other programs determined by the department
53-7 <division> to aid inmates in the transition between confinement and
53-8 society and to reduce incidence of recidivism among inmates.
53-9 SECTION 1.077. Section 501.010, Government Code, is amended
53-10 to read as follows:
53-11 Sec. 501.010. Visitors. (a) The institutional division
53-12 shall allow the governor, members of the legislature, and members
53-13 of the executive and judicial branches to enter at proper hours any
53-14 part of a facility operated by the division where inmates are
53-15 housed or worked, for the purpose of observing the operations of
53-16 the division. A visitor described by this subsection may talk with
53-17 inmates away from institutional division employees.
53-18 (b) The institutional division shall have a uniform
53-19 visitation policy that allows eligible inmates housed in facilities
53-20 operated by <in> the division, other than state jails, to receive
53-21 visitors. The institutional division shall require each warden in
53-22 the division to:
53-23 (1) apply the policy in the unit under the warden's
53-24 control;
53-25 (2) prominently display copies of the policy in
53-26 locations in the unit that are accessible to inmates or visitors;
53-27 and
54-1 (3) if requested, provide visitors with copies of the
54-2 policy.
54-3 (c) At the end of each biennium, each warden in the
54-4 institutional division shall report to the director of the division
54-5 on the manner in which the policy has affected visitation at the
54-6 warden's unit during the preceding two years.
54-7 SECTION 1.078. Sections 501.011(a) and (h), Government Code,
54-8 are amended to read as follows:
54-9 (a) The Role of the Family in Reducing Recidivism Advisory
54-10 Committee to the institutional division of the Texas Department of
54-11 Criminal Justice and the Texas Youth Commission consists of a
54-12 representative of the institutional division, a representative of
54-13 the state jail division, a representative of the Texas Youth
54-14 Commission, a representative of the parole <pardons and paroles>
54-15 division, a representative of the attorney general's office, a
54-16 representative of the Community Services Division of the Texas
54-17 Youth Commission, two members appointed by the governor, two
54-18 members appointed by the lieutenant governor, and two members
54-19 appointed by the speaker of the Texas House of Representatives.
54-20 Each appointed member must be a citizen of the state and should
54-21 have a knowledge of corrections or juvenile justice issues. The
54-22 officer appointing the member shall give preference to appointees
54-23 who are or have been family members of inmates or juveniles
54-24 detained in Texas Youth Commission facilities.
54-25 (h) The advisory committee shall make studies of and make
54-26 recommendations to the department <institutional division> and to
54-27 the legislature relating to:
55-1 (1) visitation policies in facilities operated by the
55-2 department <institutional division>;
55-3 (2) the availability and effectiveness of
55-4 rehabilitation programs in facilities operated by the department
55-5 <institutional division>;
55-6 (3) the efficiency of educational and vocational
55-7 programs in facilities operated by the department <institutional
55-8 division>;
55-9 (4) special problems faced by inmates with children;
55-10 (5) the special needs of indigent inmates;
55-11 (6) policies and laws relating to the distribution of
55-12 release money to inmates; and
55-13 (7) other issues of special interest to families with
55-14 a relative housed in a facility operated by the department
55-15 <institutional division>.
55-16 SECTION 1.079. Section 501.012, Government Code, is amended
55-17 to read as follows:
55-18 Sec. 501.012. Family Liaison Officer. The director of the
55-19 institutional division shall designate one employee at each
55-20 facility operated by <unit in> the institutional division to serve
55-21 as family liaison officer for that facility <unit>. The family
55-22 liaison officer shall facilitate the maintenance of ties between
55-23 inmates and their families for the purpose of reducing recidivism.
55-24 Each family liaison officer shall:
55-25 (1) provide inmates' relatives with information about
55-26 the classification status, location, and health of inmates in the
55-27 facility <unit>;
56-1 (2) notify inmates about emergencies involving their
56-2 families and provide inmates with other necessary information
56-3 relating to their families; and
56-4 (3) assist inmates' relatives and other persons during
56-5 visits with inmates and aid those persons in resolving problems
56-6 that may affect permitted contact with inmates.
56-7 SECTION 1.080. Section 501.013, Government Code, is amended
56-8 to read as follows:
56-9 Sec. 501.013. Materials Used for Arts and Crafts. (a) The
56-10 institutional division may purchase materials to be used by inmates
56-11 housed in facilities operated by the division to produce arts and
56-12 crafts.
56-13 (b) The institutional division may allow an inmate housed in
56-14 a facility operated by the division who produces arts and crafts in
56-15 the division to sell those arts and crafts to the general public in
56-16 a manner determined by the division.
56-17 (c) If an inmate housed in a facility operated by the
56-18 division sells arts and crafts and the materials used in the
56-19 production of the arts and crafts were provided by the
56-20 <institutional> division, the proceeds of the sale go first to the
56-21 division to pay for the cost of the materials, and the remainder,
56-22 if any, goes to the inmate. The institutional division may not
56-23 purchase more than $30 of materials for any inmate unless the
56-24 inmate has repaid the division in full for previous purchases of
56-25 materials.
56-26 SECTION 1.081. Section 501.014, Government Code, is amended
56-27 to read as follows:
57-1 Sec. 501.014. Inmate Money. (a) The <director of the>
57-2 institutional division shall take possession of all money that an
57-3 inmate has on the inmate's person when the inmate arrives at a
57-4 facility operated by the institutional division and all money the
57-5 inmate receives at the department after arriving at a facility
57-6 operated by the division and shall credit the money to a trust fund
57-7 created for the inmate. The institutional division shall carefully
57-8 search an inmate when the inmate arrives at a facility operated by
57-9 the division. The <director of the> institutional division may
57-10 spend money from a trust fund on the written order of the inmate in
57-11 whose name the fund is established subject to restrictions on the
57-12 expenditure established by law or policy <rule>. The department
57-13 shall ensure that each facility operated by or under contract with
57-14 the department shall operate a trust fund system that complies with
57-15 this section, but the department is not required to operate a
57-16 separate trust fund system for each facility.
57-17 (b) If an inmate with money in a trust fund established
57-18 under Subsection (a) dies while confined in a facility operated by
57-19 the institutional division or escapes or is discharged and does not
57-20 claim the money, the <director of the> institutional division shall
57-21 attempt to give notice of the fund to the discharged inmate or to
57-22 the beneficiary or nearest known relative of a deceased, escaped,
57-23 or discharged inmate. On the presentation of a claim to the money
57-24 by a person entitled to the notice, the <director of the>
57-25 institutional division shall pay the money to the claimant.
57-26 (c) If money is unclaimed two years after the <director of
57-27 the> institutional division gives or attempts to give notice under
58-1 Subsection (b), or two years after the date of the death of an
58-2 inmate whose beneficiary or nearest relative is unknown, the
58-3 director of the institutional division shall make an affidavit
58-4 stating that the money is unclaimed and send the affidavit and
58-5 money to the state treasurer.
58-6 (d) Money forfeited to the state treasurer under Subsection
58-7 (c) escheats to the state.
58-8 (e) On notification by a court, the <director of the>
58-9 institutional division shall withdraw from an inmate's trust fund
58-10 any amount the inmate is ordered to pay by order of the court for
58-11 child support, restitution, fines, and court costs. The
58-12 institutional division <director> shall make a payment under this
58-13 subsection as ordered by the court to either the court or the party
58-14 specified in the court order. The <director, the> institutional
58-15 division<,> and the department are not liable for withdrawing or
58-16 failing to withdraw money or making payments or failing to make
58-17 payments under this subsection. The institutional division
58-18 <director> shall make withdrawals and payments from an inmate's
58-19 trust fund under this subsection according to the following
58-20 schedule of priorities:
58-21 (1) as payment in full for all orders for child
58-22 support;
58-23 (2) as payment in full for all orders for restitution;
58-24 (3) as payment in full for all orders for fines; and
58-25 (4) as payment in full for all orders for court costs.
58-26 (f) The institutional division may place a hold on funds in
58-27 an inmate trust fund:
59-1 (1) to restore amounts withdrawn by the inmate against
59-2 uncollected funds;
59-3 (2) to correct accounting errors;
59-4 (3) to make restitution for wrongful withdrawals made
59-5 by an inmate from the trust fund of another inmate;
59-6 (4) to cover deposits until cleared;
59-7 (5) as directed by court order; or
59-8 (6) as part of an investigation by the department of
59-9 inmate conduct involving the use of trust funds or an investigation
59-10 in which activity in the trust fund is evidence.
59-11 SECTION 1.082. Section 501.015(c), Government Code, is
59-12 amended to read as follows:
59-13 (c) The department <director of the institutional division>
59-14 may spend not more than $200 to defray the costs of transportation
59-15 or other expenses related to the burial of an inmate who dies while
59-16 confined in a facility operated by the institutional division.
59-17 SECTION 1.083. Section 501.016, Government Code, is amended
59-18 to read as follows:
59-19 Sec. 501.016. Discharge or Release Papers; Release Date.
59-20 (a) The department <director of the institutional division or the
59-21 director's executive assistant> shall prepare and provide an inmate
59-22 with the inmate's discharge or release papers when the inmate is
59-23 entitled to be discharged or to be released on parole, mandatory
59-24 supervision, or conditional pardon. The papers must be dated and
59-25 signed by the officer preparing the papers and bear the seal of the
59-26 department <board>. The papers must contain:
59-27 (1) the inmate's name;
60-1 (2) a statement of the offense or offenses for which
60-2 the inmate was sentenced;
60-3 (3) the date on which the defendant was sentenced and
60-4 the length of the sentence;
60-5 (4) the name of the county in which the inmate was
60-6 sentenced;
60-7 (5) the amount of calendar time the inmate actually
60-8 served;
60-9 (6) a statement of any trade learned by the inmate and
60-10 the inmate's proficiency at that trade; and
60-11 (7) the physical description of the inmate, as far as
60-12 practicable.
60-13 (b) If the release date of an inmate occurs on a Saturday,
60-14 Sunday, or legal holiday, the department <director of the
60-15 institutional division> may release the inmate on the preceding
60-16 workday.
60-17 SECTION 1.084. Section 501.017, Government Code, is amended
60-18 to read as follows:
60-19 Sec. 501.017. Cost of Confinement as Claim. (a) The
60-20 department <institutional division> may establish a claim and lien
60-21 against the estate of an inmate who dies while confined in a
60-22 facility operated by or under contract with the department
60-23 <division> for the cost to the department <division> of the
60-24 inmate's confinement.
60-25 (b) The department <institutional division> may not enforce
60-26 a claim or lien established under this section if the inmate has a
60-27 surviving spouse or a surviving dependent or disabled child.
61-1 (c) The department <institutional division> shall adopt
61-2 policies <rules> regarding recovery of the cost of confinement
61-3 through enforcement of claims or liens established under this
61-4 section. <The Criminal Justice Policy Council shall monitor the
61-5 activity of the institutional division in establishing and
61-6 enforcing claims or liens under this section. If the council
61-7 determines that the benefits obtained by the institutional division
61-8 do not exceed the costs to the division of establishing and
61-9 enforcing claims or liens, the council shall direct the division to
61-10 discontinue establishing claims and liens under this section.>
61-11 SECTION 1.085. Subchapter A, Chapter 501, Government Code,
61-12 is amended by adding Section 501.021 to read as follows:
61-13 Sec. 501.021. USE OF INMATES IN TRAINING PROHIBITED. The
61-14 department may not use an inmate in a program that trains dogs to
61-15 attack individuals without the inmate's permission.
61-16 SECTION 1.086. Section 501.051, Government Code, is amended
61-17 to read as follows:
61-18 Sec. 501.051. Medical Facilities at University of Texas
61-19 Medical Branch. (a) The medical facility constructed by the
61-20 institutional division at The University of Texas Medical Branch at
61-21 Galveston shall be used as a teaching facility and be limited to
61-22 patients who are teaching patients, as long as the medical facility
61-23 is used for the treatment of department <division> patients. The
61-24 Board of Regents of The University of Texas System shall maintain
61-25 and operate the facility and provide professional staff services
61-26 necessary for the care of patients in the facility, except that the
61-27 department <institutional division> shall provide security at the
62-1 facility. The facility shall provide the same level of care as is
62-2 provided for patients in other facilities of The University of
62-3 Texas Medical Branch at Galveston.
62-4 (b) If the medical facility ceases to be used for department
62-5 <institutional division> patients, the facility shall revert to the
62-6 medical branch for its use and be operated under the exclusive
62-7 management and control of the Board of Regents of The University of
62-8 Texas System.
62-9 (c) The medical facility shall be operated with funds
62-10 appropriated for that purpose.
62-11 (d) The department <institutional division> shall establish
62-12 and maintain an overnight holding facility for inmate outpatients
62-13 at The University of Texas Medical Branch at Galveston.
62-14 (e) The department <institutional division> and The
62-15 University of Texas Medical Branch at Galveston shall by rule adopt
62-16 a memorandum of understanding that establishes the responsibilities
62-17 of the department <division> and the medical branch in maintaining
62-18 the department's <division's> medical facility, providing security,
62-19 and providing medical care. The memorandum must also establish a
62-20 joint peer review committee and a joint utilization review
62-21 committee. Each committee shall be composed of medical personnel
62-22 employed by the department <institutional division> and by the
62-23 medical branch. The joint peer review committee shall review all
62-24 case files to determine whether the quality of medical care
62-25 provided is adequate, according to accepted medical standards. The
62-26 joint utilization review committee shall review all case files to
62-27 determine whether treatment given is medically necessary under the
63-1 circumstances of each case, taking into account accepted medical
63-2 standards. The department <institutional division> shall
63-3 coordinate the development of the memorandum of understanding.
63-4 SECTION 1.087. Section 501.052, Government Code, is amended
63-5 to read as follows:
63-6 Sec. 501.052. Medical Residencies. The department
63-7 <institutional division> may establish a residency program or a
63-8 rotation program to employ or train physicians to treat inmates in
63-9 the department <division>.
63-10 SECTION 1.088. Section 501.053, Government Code, is amended
63-11 to read as follows:
63-12 Sec. 501.053. Reports of Physician Misconduct. (a) If the
63-13 department <institutional division> receives an allegation that a
63-14 physician employed or under contract with the department <division>
63-15 has committed an action that constitutes a ground for the denial or
63-16 revocation of the physician's license under Section 3.08, Medical
63-17 Practice Act (Article 4495b, Vernon's Texas Civil Statutes), the
63-18 department <division> shall report the information to the Texas
63-19 State Board of Medical Examiners in the manner provided by Section
63-20 4.02 of that Act.
63-21 (b) The department <institutional division> shall provide
63-22 the Texas State Board of Medical Examiners with a copy of any
63-23 report or finding relating to an investigation of an allegation
63-24 reported to the board.
63-25 SECTION 1.089. Section 501.054, Government Code, is amended
63-26 to read as follows:
63-27 Sec. 501.054. AIDS and HIV Education; Testing. (a) In this
64-1 section, "AIDS," "HIV," and "test result" have the meanings
64-2 assigned by Section 81.101, Health and Safety Code.
64-3 (b) The department <institutional division>, in consultation
64-4 with the Texas Department of Health, shall establish education
64-5 programs to educate inmates and employees of the department
64-6 <division> about AIDS and HIV. In establishing the programs for
64-7 inmates, the department <institutional division> shall design a
64-8 program that deals with issues related to AIDS and HIV that are
64-9 relevant to inmates while confined and a program that deals with
64-10 issues related to AIDS and HIV that will be relevant to inmates
64-11 after the inmates are released <from the division>. The department
64-12 <institutional division> shall design the programs to take into
64-13 account relevant cultural and other differences among inmates. The
64-14 department <institutional division> shall require each inmate in a
64-15 facility operated by the department <division> to participate in
64-16 education programs established under this subsection.
64-17 (c) The department <director of the institutional division>
64-18 shall require each employee of the department <division> to
64-19 participate in programs established under this section at least
64-20 once during each calendar year.
64-21 (d) The department <director of the institutional division>
64-22 shall ensure that education programs for employees include
64-23 information and training relating to infection control procedures.
64-24 The department <director> shall also ensure that employees have
64-25 infection control supplies and equipment readily available.
64-26 (e) The department <institutional division>, in consultation
64-27 with the Texas Department of Health, shall periodically revise
65-1 education programs established under this section so that the
65-2 programs reflect the latest medical information available on AIDS
65-3 and HIV.
65-4 (f) The department <institutional division> shall adopt a
65-5 policy for handling persons with AIDS or HIV infection who are in
65-6 the <division's> custody of the department or under the
65-7 department's supervision. The policy must be substantially similar
65-8 to a model policy developed by the Texas Department of Health under
65-9 Subchapter G, Chapter 85, Health and Safety Code <Article 4419b-3,
65-10 Revised Statutes>.
65-11 (g) The department <institutional division> shall maintain
65-12 the confidentiality of test results of an inmate indicating HIV
65-13 infection after the inmate's discharge, release from a state jail,
65-14 or release on parole or mandatory supervision and may not honor the
65-15 request of an agency of the state or any person who requests a test
65-16 result as a condition of housing or supervising the inmate while
65-17 the inmate is on community supervision or parole or mandatory
65-18 supervision, unless honoring the request would improve the ability
65-19 of the inmate to obtain essential health and social services.
65-20 (h) The department <institutional division> shall report to
65-21 the legislature not later than January 15 of each odd-numbered year
65-22 concerning the implementation of this section and the participation
65-23 of inmates and employees of the department <division> in education
65-24 programs established under this section.
65-25 (i) The institutional division may test an inmate confined
65-26 in a facility operated by the division for human immunodeficiency
65-27 virus. If the institutional division determines that an inmate has
66-1 a positive test result, the division may segregate the inmate from
66-2 other inmates.
66-3 SECTION 1.090. Section 501.055, Government Code, is amended
66-4 to read as follows:
66-5 Sec. 501.055. REPORT OF INMATE DEATH<; CRIMINAL PENALTY>.
66-6 (a) If an inmate dies while confined in a facility operated by or
66-7 under contract with the department <the custody of the
66-8 institutional division>, <the director of the institutional
66-9 division, or> an employee of the facility who is <division> in
66-10 charge of the inmate shall immediately notify the nearest justice
66-11 of the peace serving in the county in which the inmate died and the
66-12 office of internal affairs for the department. The justice shall
66-13 personally inspect the body and make an inquiry as to the cause of
66-14 death. The justice shall make written copies of evidence taken
66-15 during the inquest, and give one copy to the director and one copy
66-16 to a district judge serving in the county in which the inmate died.
66-17 The judge shall provide the copy to the grand jury and, if the
66-18 judge determines the evidence indicates wrongdoing, instruct the
66-19 grand jury to thoroughly investigate the cause of death.
66-20 (b) Subsection (a) does not apply if the inmate:
66-21 (1) dies of natural causes while attended by a
66-22 physician and an autopsy is scheduled to be performed; or
66-23 (2) is lawfully executed <An employee of the
66-24 institutional division commits an offense if the employee is in
66-25 charge of an inmate who dies and the employee fails to immediately
66-26 notify a justice of the peace of the death in the manner required
66-27 by Subsection (a).>
67-1 <(c) An offense under Subsection (b) is a misdemeanor
67-2 punishable by:>
67-3 <(1) a fine of not less than $100 or more than $500;
67-4 and>
67-5 <(2) confinement in jail for not less than 60 days or
67-6 more than one year>.
67-7 SECTION 1.091. Section 501.056, Government Code, is amended
67-8 to read as follows:
67-9 Sec. 501.056. Contract for Care of Mentally Ill and Mentally
67-10 Retarded Inmates. The department <institutional division> shall
67-11 contract with the Texas Department of Mental Health and Mental
67-12 Retardation for provision of Texas Department of Mental Health and
67-13 Mental Retardation facilities, treatment, and habilitation for
67-14 mentally ill and mentally retarded inmates in the custody of the
67-15 department <division>. The contract must provide:
67-16 (1) detailed characteristics of the mentally ill
67-17 inmate population and the mentally retarded inmate population to be
67-18 affected under the contract;
67-19 (2) for the respective responsibilities of the Texas
67-20 Department of Mental Health and Mental Retardation and the
67-21 department <institutional division> with regard to the care and
67-22 supervision of the affected inmates; and
67-23 (3) that the department <division> remains responsible
67-24 for security.
67-25 SECTION 1.092. Section 501.057, Government Code, is amended
67-26 to read as follows:
67-27 Sec. 501.057. Civil Commitment Before Parole. (a) The
68-1 department <institutional division and the pardons and paroles
68-2 division> shall establish a system to identify mentally ill inmates
68-3 who are nearing eligibility for release on parole.
68-4 (b) <The institutional division shall provide the pardons
68-5 and paroles division with the names of inmates determined by the
68-6 institutional division to be mentally ill.> Not later than the
68-7 30th day before the initial parole eligibility date of an inmate
68-8 identified as mentally ill, <the pardons and paroles division shall
68-9 notify the institutional division that the inmate is about to reach
68-10 the inmate's initial parole eligibility date. After receiving
68-11 notice under this subsection,> an institutional division
68-12 psychiatrist shall examine the inmate. The psychiatrist shall file
68-13 a sworn application for court-ordered temporary mental health
68-14 services under Chapter 574 <3>, <Texas Mental> Health and Safety
68-15 Code <(Article 5547-26 et seq., Vernon's Texas Civil Statutes)>, if
68-16 the psychiatrist determines that the inmate is mentally ill and as
68-17 a result of the illness the inmate meets at least one of the
68-18 criteria listed in Section 574.034 <50>, <Texas Mental> Health and
68-19 Safety Code <(Article 5547-50, Vernon's Texas Civil Statutes)>.
68-20 (c) The psychiatrist shall include with the application a
68-21 sworn certificate of medical examination for mental illness in the
68-22 form prescribed by Section 574.011 <33>, <Texas Mental> Health and
68-23 Safety Code <(Article 5547-33, Vernon's Texas Civil Statutes)>.
68-24 (d) The institutional division is liable for costs incurred
68-25 for a hearing under Chapter 574 <3>, <Texas Mental> Health and
68-26 Safety Code <(Article 5547-26 et seq., Vernon's Texas Civil
68-27 Statutes)>, that follows an application filed by a division
69-1 psychiatrist under this section.
69-2 SECTION 1.093. Section 501.093(a), Government Code, is
69-3 amended to read as follows:
69-4 (a) The department <institutional division, the pardons and
69-5 paroles division>, the Texas Department of Mental Health and Mental
69-6 Retardation, and the Texas Commission on Alcohol and Drug Abuse
69-7 shall by rule adopt a memorandum of understanding that establishes
69-8 their respective responsibilities to establish a continuity of care
69-9 program for inmates with a history of drug or alcohol abuse.
69-10 SECTION 1.094. Sections 501.0931(f) and (i), Government
69-11 Code, are amended to read as follows:
69-12 (f) The institutional division shall employ or contract with
69-13 <through the Texas Commission on Alcohol and Drug Abuse to provide>
69-14 qualified professionals to implement the program. For purposes of
69-15 this subsection, a "qualified professional" is a person who:
69-16 (1) is a certified alcohol and drug abuse counselor;
69-17 (2) is a certified social worker or advanced clinical
69-18 practitioner and who has at least two years of experience in
69-19 chemical dependency counseling; or
69-20 (3) is a licensed professional counselor, physician,
69-21 or psychologist and who has at least two years of experience in
69-22 chemical dependency counseling.
69-23 (i) The institutional division shall provide at least 800
69-24 beds for housing participants in the program<:>
69-25 <(1) at least 450 beds for male inmates and 50 beds
69-26 for female inmates in fiscal year 1992;>
69-27 <(2) at least 900 beds for male inmates and 100 beds
70-1 for female inmates in fiscal year 1993;>
70-2 <(3) at least 1,300 beds for male inmates and 200 beds
70-3 for female inmates in fiscal year 1994; and>
70-4 <(4) at least 1,700 beds for male inmates and 300 beds
70-5 for female inmates in fiscal year 1995 and each fiscal year after
70-6 that year>. The institutional division not less often than every
70-7 two years shall determine whether the division should increase the
70-8 number of beds provided by the division for the program.
70-9 SECTION 1.095. Section 501.095(a), Government Code, is
70-10 amended to read as follows:
70-11 (a) The department <institutional division, the pardons and
70-12 paroles division,> and the Texas Employment Commission shall by
70-13 rule adopt a memorandum of understanding that establishes their
70-14 respective responsibilities to establish a continuity of care
70-15 program for inmates with a history of chronic unemployment.
70-16 SECTION 1.096. Section 501.096(d), Government Code, is
70-17 amended to read as follows:
70-18 (d) The department <institutional division and the pardons
70-19 and paroles division> shall determine <cooperate in determining>
70-20 the special needs of inmates who have served long terms of
70-21 confinement in the institutional division and shall identify and
70-22 develop community resources to meet those needs.
70-23 SECTION 1.097. Section 507.001, Government Code, is amended
70-24 to read as follows:
70-25 Sec. 507.001. Authority to Operate or Contract for State
70-26 Jail Felony Facilities. (a) The state jail division may operate,
70-27 maintain, and manage state jail felony facilities to confine
71-1 inmates described by Section 507.002, and the department <board>
71-2 may finance and construct those facilities. The state jail
71-3 division, with the approval of the board, may contract with the
71-4 institutional division, a private vendor, a community supervision
71-5 and corrections department, or the commissioners court of a county
71-6 for the construction, operation, maintenance, or management of a
71-7 state jail felony facility. The community justice assistance
71-8 division shall assist the state jail division to<, with the
71-9 approval of the board, may> contract with <or make a grant to> a
71-10 community supervision and corrections department for the
71-11 construction, operation, maintenance, or management of a state jail
71-12 felony facility. The state jail division shall consult with the
71-13 community justice assistance division before contracting with a
71-14 community supervision and corrections department under this
71-15 section. A community supervision and corrections department or the
71-16 commissioners court of a county that contracts <or receives a
71-17 grant> under this section may subcontract with a private vendor for
71-18 the provision of any or all services described by this subsection.
71-19 A community supervision and corrections department that contracts
71-20 <or receives a grant> under this section may subcontract with the
71-21 commissioners court of a county for the provision of any or all
71-22 services described by this subsection. The board may contract with
71-23 a private vendor or the commissioners court of a county for the
71-24 financing or construction of a state jail felony facility.
71-25 (b) The community justice assistance division and the state
71-26 jail division shall develop and implement<, after consultation with
71-27 the advisory committee on community supervision and corrections
72-1 department management to the judicial advisory council to the
72-2 community justice assistance division, shall adopt reasonable rules
72-3 and procedures establishing minimum requirements for> work programs
72-4 and programs of rehabilitation, education, and recreation in state
72-5 jail felony facilities <operated under contracts with or grants
72-6 from the community justice assistance division>. For each state
72-7 jail felony facility <operated by or for the state jail division>,
72-8 the community justice assistance division and the state jail
72-9 division shall consult with <request the assistance of> the
72-10 community supervision and corrections departments and the community
72-11 justice councils served by the facility in developing <work>
72-12 programs <and programs of rehabilitation, education, and recreation
72-13 for defendants confined> in that <the> facility, and shall develop
72-14 the programs in a manner that makes appropriate use of facilities
72-15 and personnel of the community supervision and corrections
72-16 departments. In developing the programs, the state jail division
72-17 and the community justice assistance division shall attempt to
72-18 structure programs so that they are operated on a 90-day cycle,
72-19 although the divisions should deviate from a 90-day schedule as
72-20 necessary to meet the requirements of a particular program.
72-21 (c) Services <The board shall ensure that a service>
72-22 described by Subsection (a) must be <is> provided in compliance
72-23 with standards established by the board<, whether the board, the
72-24 state jail division, or the community justice assistance division
72-25 provides the service or contracts with or makes a grant to an
72-26 entity listed in Subsection (a) for the provision of the service>.
72-27 Programs <The board shall ensure that a program> described by
73-1 Subsection (b) must be <is> provided in compliance with minimum
73-2 requirements established under Subsection (b)<, whether the state
73-3 jail division or the community justice assistance division provides
73-4 the service or contracts with or makes a grant to an entity listed
73-5 in Subsection (a) for the provision of the service>.
73-6 (d) A state jail felony facility authorized by this
73-7 subchapter may be located on private land or on land owned by the
73-8 federal government, the state, a community supervision and
73-9 corrections department, or a political subdivision of the state.
73-10 The board may accept land donated for that purpose.
73-11 (e) A commissioners court of a county or a community
73-12 supervision and corrections department may not enter into a
73-13 contract <or receive a grant> under this section unless:
73-14 (1) the commissioners court or department first
73-15 consults with the community justice council serving the county or
73-16 serving the department; and
73-17 (2) the most recent community justice plan for the
73-18 county or department served by the community justice council that
73-19 has been approved by the community justice assistance division
73-20 describes the contract <or grant>.
73-21 SECTION 1.098. Section 507.006(a), Government Code, is
73-22 amended to read as follows:
73-23 (a) Notwithstanding any other provision of this subchapter,
73-24 the state jail division, with the approval of the board, may
73-25 designate one or more state jail felony facilities to house inmates
73-26 who are eligible for confinement in a transfer facility under
73-27 Section 499.152, but only if the designation does not deny
74-1 placement in a state jail felony facility of defendants required to
74-2 serve terms of confinement in a facility following conviction of
74-3 state jail felonies. The division may not house in a state jail
74-4 felony facility an inmate who:
74-5 (1) has a history of or has shown a pattern of violent
74-6 or assaultive behavior in county jail or a facility operated by the
74-7 department; or
74-8 (2) will increase the likelihood of harm to the public
74-9 if housed in the facility.
74-10 SECTION 1.099. Subchapter B, Chapter 507, Government Code,
74-11 is amended by adding Section 507.028 to read as follows:
74-12 Sec. 507.028. FURLOUGH PROGRAM. (a) The director of a
74-13 state jail felony facility may grant a furlough to a defendant so
74-14 that the defendant may:
74-15 (1) obtain a medical diagnosis or medical treatment;
74-16 (2) obtain treatment and supervision at a Texas
74-17 Department of Mental Health and Mental Retardation facility;
74-18 (3) attend a funeral or visit a critically ill
74-19 relative; or
74-20 (4) participate in a programmatic activity sanctioned
74-21 by the state jail division.
74-22 (b) The state jail division shall adopt policies for the
74-23 administration of the furlough program.
74-24 (c) A defendant furloughed under this section is considered
74-25 to be in the custody of the state jail division, even if the
74-26 defendant is not under physical guard while furloughed.
74-27 SECTION 1.100. Subchapter B, Chapter 507, Government Code,
75-1 is amended by adding Section 507.029 to read as follows:
75-2 Sec. 507.029. USE OF INMATE LABOR. The department may use
75-3 the labor of inmates of the institutional division in any work or
75-4 community service program or project performed by the state jail
75-5 division.
75-6 SECTION 1.101. Subchapter B, Chapter 507, Government Code,
75-7 is amended by adding Section 507.030 to read as follows:
75-8 Sec. 507.030. VISITATION. (a) The state jail division
75-9 shall allow the governor, members of the legislature, and officials
75-10 of the executive and judicial branches to enter during business
75-11 hours any part of a facility operated by the division, for the
75-12 purpose of observing the operations of the division. A visitor
75-13 described by this subsection may talk with defendants away from
75-14 division employees.
75-15 (b) The state jail division shall establish a visitation
75-16 policy for persons confined in state jail felony facilities.
75-17 SECTION 1.102. (a) The chapter heading of Chapter 495,
75-18 Government Code, is amended to read as follows:
75-19 CHAPTER 495. <INSTITUTIONAL DIVISION:> CONTRACTS
75-20 FOR CORRECTIONAL FACILITIES AND SERVICES
75-21 (b) The chapter heading of Chapter 496, Government Code, is
75-22 amended to read as follows:
75-23 CHAPTER 496. <INSTITUTIONAL DIVISION:> LAND AND PROPERTY
75-24 (c) The subchapter heading of Subchapter A, Chapter 496,
75-25 Government Code, is amended to read as follows:
75-26 SUBCHAPTER A. <INSTITUTIONAL DIVISION> LAND
75-27 (d) The chapter heading of Chapter 497, Government Code, is
76-1 amended to read as follows:
76-2 CHAPTER 497. <INSTITUTIONAL DIVISION:> INDUSTRY
76-3 AND AGRICULTURE; LABOR OF INMATES
76-4 (e) The chapter heading of Chapter 499, Government Code, is
76-5 amended to read as follows:
76-6 CHAPTER 499. <INSTITUTIONAL DIVISION:> POPULATION
76-7 MANAGEMENT; SPECIAL PROGRAMS
76-8 (f) The chapter heading of Chapter 500, Government Code, is
76-9 amended to read as follows:
76-10 CHAPTER 500. <INSTITUTIONAL DIVISION:> MISCELLANEOUS
76-11 DISCIPLINARY MATTERS
76-12 (g) The chapter heading of Chapter 501, Government Code, is
76-13 amended to read as follows:
76-14 CHAPTER 501. <INSTITUTIONAL DIVISION:> INMATE WELFARE
76-15 SECTION 1.103. Section 38.01(2), Penal Code, is amended to
76-16 read as follows:
76-17 (2) "Escape" means unauthorized departure from custody
76-18 or failure to return to custody following temporary leave for a
76-19 specific purpose or limited period or leave that is part of an
76-20 intermittent sentence, but does not include a violation of
76-21 conditions of community supervision or parole other than conditions
76-22 that impose a period of confinement in a secure correctional
76-23 facility.
76-24 SECTION 1.104. Section 39.05, Penal Code, is amended to read
76-25 as follows:
76-26 Sec. 39.05. FAILURE TO REPORT DEATH OF PRISONER. (a) A
76-27 person commits an offense if the person is required to conduct an
77-1 investigation and file a report by Article 49.18, Code of Criminal
77-2 Procedure, and the person fails to investigate the death, fails to
77-3 file the report as required, or fails to include in a filed report
77-4 facts known or discovered in the investigation.
77-5 (b) A person commits an offense if the person is required by
77-6 Section 501.055, Government Code, to:
77-7 (1) give notice of the death of an inmate and the
77-8 person fails to give the notice; or
77-9 (2) conduct an investigation and file a report and the
77-10 person:
77-11 (A) fails to conduct the investigation or file
77-12 the report; or
77-13 (B) fails to include in the report facts known
77-14 to the person or discovered by the person in the investigation.
77-15 (c) An offense under this section is a Class B misdemeanor.
77-16 SECTION 1.105. Article 49.04(a), Code of Criminal Procedure,
77-17 is amended to read as follows:
77-18 (a) A justice of the peace shall conduct an inquest into the
77-19 death of a person who dies in the county served by the justice if:
77-20 (1) the person dies in prison under circumstances
77-21 other than those described by Section 501.055(b), Government Code,
77-22 or in jail;
77-23 (2) the person dies an unnatural death from a cause
77-24 other than a legal execution;
77-25 (3) the body of the person is found and the cause or
77-26 circumstances of death are unknown;
77-27 (4) the circumstances of the death indicate that the
78-1 death may have been caused by unlawful means;
78-2 (5) the person commits suicide or the circumstances of
78-3 the death indicate that the death may have been caused by suicide;
78-4 (6) the person dies without having been attended by a
78-5 physician;
78-6 (7) the person dies while attended by a physician who
78-7 is unable to certify the cause of death and who requests the
78-8 justice of the peace to conduct an inquest; or
78-9 (8) the person is a child who is younger than 18
78-10 months of age and the suspected cause of death is sudden infant
78-11 death syndrome.
78-12 SECTION 1.106. Article 49.18, Code of Criminal Procedure, is
78-13 amended by adding Subsection (c) to read as follows:
78-14 (c) This article does not apply to a death that occurs in a
78-15 facility operated by or under contract with the Texas Department of
78-16 Criminal Justice.
78-17 SECTION 1.107. Chapter 614, Health and Safety Code, is
78-18 amended by adding Section 614.017 to read as follows:
78-19 Sec. 614.017. EXCHANGE OF INFORMATION. (a) An agency
78-20 authorized by this chapter to provide continuity of care for a
78-21 special needs offender may:
78-22 (1) receive information relating to a convicted felon
78-23 regardless of whether other state law makes that information
78-24 confidential, if the agency receives the information to further the
78-25 purposes of this chapter; or
78-26 (2) disclose information relating to a convicted
78-27 felon, including information about the felon's identity, needs,
79-1 treatment, social, criminal, and vocational history, and medical
79-2 and mental health history, if the agency discloses the information
79-3 to further the purposes of this chapter.
79-4 (b) This section is not intended to conflict with a federal
79-5 law that restricts the disclosure of information described by
79-6 Subsection (a).
79-7 SECTION 1.108. Subchapter B, Chapter 101, Civil Practice and
79-8 Remedies Code, is amended by adding Section 101.029 to read as
79-9 follows:
79-10 Sec. 101.029. LIABILITY FOR CERTAIN CONDUCT OF STATE PRISON
79-11 INMATES. (a) The Department of Criminal Justice is liable for
79-12 property damage, personal injury, and death proximately caused by
79-13 the wrongful act or omission or the negligence of an inmate or
79-14 state jail defendant housed in a facility operated by the
79-15 department if:
79-16 (1) the property damage, personal injury, or death
79-17 arises from the operation or use of a motor-driven vehicle or
79-18 motor-driven equipment;
79-19 (2) the inmate or defendant would be personally liable
79-20 to the claimant according to Texas law; and
79-21 (3) the act, omission, or negligence was committed by
79-22 the inmate or defendant acting in the course and scope of a task or
79-23 activity that:
79-24 (A) the inmate or defendant performed at the
79-25 request of an employee of the department; and
79-26 (B) the inmate or defendant performed under the
79-27 control or supervision of the department.
80-1 (b) This section does not apply to property damage, personal
80-2 injury, or death sustained by an inmate or state jail defendant.
80-3 SECTION 1.109. Section 171.651, Tax Code, is amended to read
80-4 as follows:
80-5 Sec. 171.651. Definitions. In this subchapter:
80-6 (1) "Department" means the Texas Department of
80-7 Criminal Justice.
80-8 (2) "Inmate" means an inmate in a prison industries
80-9 program operated by the prison industries office of the department
80-10 <institutional division> under Subchapter A, Chapter 497,
80-11 Government Code.
80-12 <(2) "Institutional division" means the institutional
80-13 division of the Texas Department of Criminal Justice.>
80-14 SECTION 1.110. Sections 171.653(a) and (b), Tax Code, are
80-15 amended to read as follows:
80-16 (a) The amount of the credit for wages paid by a corporation
80-17 to an inmate is equal to 10 percent of that portion of the wages
80-18 paid that the department <institutional division> apportions to the
80-19 state under Section 497.004(b)(3), Government Code, as
80-20 reimbursement for the cost of the inmate's confinement.
80-21 (b) A corporation is eligible for the credit under this
80-22 section only if it receives before the due date of its franchise
80-23 tax report for the privilege period for which the credit is claimed
80-24 a written certification from the department <institutional
80-25 division> stating the amount of the wages that the corporation paid
80-26 to an inmate during the privilege period and the amount of those
80-27 wages that the department <institutional division> apportioned to
81-1 the state as reimbursement for the cost of the inmate's
81-2 confinement.
81-3 SECTION 1.111. Sections 171.654(a) and (b), Tax Code, are
81-4 amended to read as follows:
81-5 (a) The amount of the credit for wages paid by a corporation
81-6 to an employee who was employed by the corporation when the
81-7 employee was an inmate is equal to 10 percent of that portion of
81-8 the wages paid that, were the employee still an inmate, the
81-9 department <institutional division> would apportion to the state
81-10 under Section 497.004(b)(3), Government Code, as reimbursement for
81-11 the cost of the inmate's confinement.
81-12 (b) A corporation is eligible for the credit under this
81-13 section only if:
81-14 (1) the employee who was formerly an inmate was
81-15 continuously employed for not less than six months while an inmate
81-16 and has been continuously employed by the corporation for at least
81-17 one year after the date that the employee was released from prison;
81-18 (2) the nature of the employment is substantially
81-19 similar to the employment the employee had with the corporation
81-20 when the employee was an inmate or the employment requires more
81-21 skills or provides greater opportunities for the employee;
81-22 (3) the corporation has provided the department
81-23 <institutional division> a statement of the amount of wages paid
81-24 the employee during the accounting period on which the credit is
81-25 computed; and
81-26 (4) the corporation receives before the due date of
81-27 its franchise tax report for the privilege period for which the
82-1 credit is claimed a written certification from the department
82-2 <institutional division> stating the amount of the wages that, were
82-3 the employee still an inmate, the department <institutional
82-4 division> would have apportioned to the state as reimbursement for
82-5 the cost of the inmate's confinement.
82-6 SECTION 1.112. Section 492.012, Government Code, is amended
82-7 to read as follows:
82-8 Sec. 492.012. SUNSET PROVISION. The Texas Board of Criminal
82-9 Justice and the Texas Department of Criminal Justice are subject to
82-10 Chapter 325 (Texas Sunset Act). Unless continued in existence as
82-11 provided by that chapter, the board and the department are
82-12 abolished September 1, 1999 <1997>.
82-13 SECTION 1.113. Sections 493.009(o), 494.005, 494.009,
82-14 494.010, 494.011 (as added by Chapter 988, Acts of the 73rd
82-15 Legislature, Regular Session, 1993), 499.006, 499.051, 499.054,
82-16 499.072, and 507.006(c), Government Code, are repealed.
82-17 SECTION 1.114. (a) The amendment made by this article to
82-18 Section 501.055, Government Code, does not apply to an offense
82-19 committed under Subsection (b) of that section before the effective
82-20 date of this article. An offense under Subsection (b) of that
82-21 section committed before the effective date of this article is
82-22 covered by Section 501.055 as it existed on the date on which the
82-23 offense was committed, and the former law is continued in effect
82-24 for that purpose.
82-25 (b) The amendments made by this article to Sections 38.01
82-26 and 39.05, Penal Code, apply only to offenses committed on or after
82-27 the effective date of this article. An offense committed before
83-1 the effective date of this article is covered by the law in effect
83-2 when the offense was committed, and the former law is continued in
83-3 effect for that purpose.
83-4 (c) For purposes of this section, an offense is committed
83-5 before the effective date of this article if any element of the
83-6 offense occurs before that date.
83-7 SECTION 1.115. The change in law made by this article to
83-8 Chapter 101, Civil Practice and Remedies Code, applies only to a
83-9 cause of action that accrues on or after the effective date of this
83-10 article. An action that accrued before the effective date of this
83-11 article is governed by the law applicable to the action as it
83-12 existed immediately before the effective date of this article, and
83-13 that law is continued in effect for that purpose.
83-14 SECTION 1.116. (a) Except as provided by Subsection (b),
83-15 this article takes effect September 1, 1995.
83-16 (b) Sections 1.020 and 1.060 take effect immediately.
83-17 ARTICLE 2
83-18 SECTION 2.001. Section 2, Article 42.18, Code of Criminal
83-19 Procedure, is amended by amending Subdivisions (1), (2), (5), and
83-20 (8) and by adding Subdivision (9) to read as follows:
83-21 (1) "Parole" means the discretionary and conditional
83-22 release of an eligible prisoner sentenced to <from the physical
83-23 custody of> the institutional division so that the prisoner may <of
83-24 the Texas Department of Criminal Justice if the prisoner
83-25 contractually agrees to> serve the remainder of his sentence under
83-26 the supervision and control of the pardons and paroles division.
83-27 Parole shall not be construed to mean a commutation of sentence or
84-1 any other form of executive clemency.
84-2 (2) "Mandatory supervision" means the release of an
84-3 eligible prisoner sentenced to <from the physical custody of> the
84-4 institutional division so that the prisoner may <but not on parole,
84-5 to> serve the remainder of his sentence not on parole but under the
84-6 supervision and control of the pardons and paroles division.
84-7 Mandatory supervision may not be construed as a commutation of
84-8 sentence or any other form of executive clemency.
84-9 (5) "Director" means the director of the pardons and
84-10 paroles division.
84-11 (8) "Division <Pardons and paroles division>" means
84-12 the pardons and paroles division of the Texas Department of
84-13 Criminal Justice.
84-14 (9) "Department" means the Texas Department of
84-15 Criminal Justice.
84-16 SECTION 2.002. Sections 4(a), (b), (c), (g), and (h),
84-17 Article 42.18, Code of Criminal Procedure, are amended to read as
84-18 follows:
84-19 (a) Board members must be representative of the general
84-20 public. A member must be a resident citizen of this state and must
84-21 have resided in this state for the two years preceding appointment.
84-22 A person is not eligible for appointment as a public member if the
84-23 person or the person's spouse:
84-24 (1) is employed by or participates in the management
84-25 of a business entity or other organization receiving funds from the
84-26 department or the board <Texas Department of Criminal Justice>;
84-27 (2) owns or controls directly or indirectly more than
85-1 a 10 percent interest in a business entity or other organization
85-2 regulated by the department <Texas Department of Criminal Justice>
85-3 or receiving funds from the department or the board; or
85-4 (3) uses or receives a substantial amount of tangible
85-5 goods, services, or funds from the department or the board <Texas
85-6 Department of Criminal Justice>, other than compensation or
85-7 reimbursement authorized by law for board membership, attendance,
85-8 or expenses.
85-9 (b) An employee or paid officer or consultant of a trade
85-10 association in the field of criminal justice may not be a member of
85-11 the board or an employee of the <pardons and paroles> division or
85-12 the board. A person who is the spouse of any manager or paid
85-13 consultant of a trade association in the field of criminal justice
85-14 may not be a member of the board and may not be an employee of the
85-15 <pardons and paroles> division or the board, including an employee
85-16 exempt from the state's classification plan, who is compensated at
85-17 or above the amount prescribed by the General Appropriations Act
85-18 for step 1, salary group 17, of the position classification salary
85-19 schedule. For the purposes of this section, a trade association is
85-20 a nonprofit, cooperative, and voluntarily joined association of
85-21 business or professional competitors designed to assist its members
85-22 and its industry or profession in dealing with mutual business or
85-23 professional problems and in promoting their common interests.
85-24 (c) A person who is required to register as a lobbyist under
85-25 Chapter 305, Government Code, by virtue of the person's activities
85-26 for compensation in or on behalf of a profession related to the
85-27 operation of the board, may not serve as a member of the board or
86-1 act as the general counsel to the <pardons and paroles> division.
86-2 (g) If the director has knowledge that a potential ground
86-3 for removal exists, the director shall notify the chairman of the
86-4 board <Texas Board of Criminal Justice> of the ground. The
86-5 chairman of the board <Texas Board of Criminal Justice> shall then
86-6 notify the governor that a potential ground for removal exists.
86-7 (h) The financial transactions of the <pardons and paroles>
86-8 division and the board are subject to audit by the state auditor in
86-9 accordance with Chapter 321, Government Code.
86-10 SECTION 2.003. Section 6(b), Article 42.18, Code of Criminal
86-11 Procedure, is amended to read as follows:
86-12 (b) The executive director of the department <Texas
86-13 Department of Criminal Justice> shall hire the director. The
86-14 director is responsible for the day-to-day administration of the
86-15 <pardons and paroles> division.
86-16 SECTION 2.004. Section 6, Article 42.18, Code of Criminal
86-17 Procedure, is amended by adding Subsection (d) to read as follows:
86-18 (d) The board, after consultation with the governor and the
86-19 Texas Board of Criminal Justice, shall adopt a mission statement
86-20 that reflects those responsibilities for the operation of the
86-21 parole process that are assigned to the board and those
86-22 responsibilities for the operation of the parole process that are
86-23 assigned to the division, the department, or the Texas Board of
86-24 Criminal Justice. The board shall include in the mission statement
86-25 a description of specific locations at which the board intends to
86-26 conduct business related to the operation of the parole process.
86-27 SECTION 2.005. (a) Article 42.18, Code of Criminal
87-1 Procedure, is amended by adding Section 8B to read as follows:
87-2 Sec. 8B. PAROLEE RESTITUTION FUND. (a) The parolee
87-3 restitution fund is a fund outside the treasury and consists of
87-4 restitution payments made by persons released on parole or
87-5 mandatory supervision. Money in the fund may be used only to pay
87-6 restitution as required by a condition of parole or release to
87-7 mandatory supervision to victims of criminal offenses.
87-8 (b) The state treasurer shall be the trustee of the parolee
87-9 restitution fund as provided by Section 404.073, Government Code.
87-10 (c) When the board orders the payment of restitution in the
87-11 manner prescribed by Article 42.037(h) from a person released on
87-12 parole or mandatory supervision, the department shall:
87-13 (1) collect the payment for disbursement to the
87-14 victim;
87-15 (2) deposit the payment in the parolee restitution
87-16 fund; and
87-17 (3) transmit the payment to the victim as soon as
87-18 practicable.
87-19 (d) If a victim who is entitled to restitution cannot be
87-20 located, immediately after receiving a final payment in
87-21 satisfaction of an order of restitution for the victim, the
87-22 department shall attempt to notify the victim of that fact by
87-23 certified mail, mailed to the last known address of the victim. If
87-24 a victim then makes a claim for payment, the department promptly
87-25 shall remit the payment to the victim. Money that remains
87-26 unclaimed shall be transferred to the compensation to victims of
87-27 crime auxiliary fund on the fifth anniversary of the date on which
88-1 the money was deposited to the credit of the parolee restitution
88-2 fund.
88-3 (b) The parole division of the Texas Department of Criminal
88-4 Justice not later than the 30th day after the effective date of
88-5 this article shall deposit any restitution money received before
88-6 the effective date of this article but not paid to a victim in the
88-7 parolee restitution fund in the manner provided by Section 8B,
88-8 Article 42.18, Code of Criminal Procedure, as added by this
88-9 article.
88-10 SECTION 2.006. Section 9, Article 42.18, Code of Criminal
88-11 Procedure, is amended to read as follows:
88-12 Sec. 9. Duty to Provide Information, Computers, and Offices.
88-13 (a) It shall be the duty of any judge, district attorney, county
88-14 attorney, police officer, or other public official of the state
88-15 having information with reference to any prisoner eligible for
88-16 parole to send in writing such information as may be in his
88-17 possession or under his control to the department <pardons and
88-18 paroles division>, upon request of any member of the Board of
88-19 Pardons and Paroles or employee of the board or the department
88-20 <pardons and paroles division>.
88-21 (b) The department <Texas Department of Criminal Justice>
88-22 may, by interagency contract, provide to the board necessary
88-23 computer equipment and computer access to all computerized records
88-24 and physical access to all hard copy records in the custody of the
88-25 department that are related to the duties and functions of the
88-26 board.
88-27 (c) The department <Texas Department of Criminal Justice>
89-1 may, by interagency contract, provide to the board necessary and
89-2 appropriate office space in the locations designated by the
89-3 chairman of the board and utilities and communication equipment.
89-4 SECTION 2.007. Section 10, Article 42.18, Code of Criminal
89-5 Procedure, is amended to read as follows:
89-6 Sec. 10. Access to Prisoners. It shall be the duty of the
89-7 department <institutional division> to grant to the members and
89-8 employees of the board <and employees of the board and the pardons
89-9 and paroles division> access at all reasonable times to any
89-10 prisoner, to provide for the members and employees or such
89-11 representatives facilities for communicating with and observing
89-12 such prisoner, and to furnish to the members and employees such
89-13 reports as the members and employees shall require concerning the
89-14 conduct and character of any prisoner in their custody and any
89-15 other facts deemed by a parole panel pertinent in determining
89-16 whether such prisoner shall be paroled.
89-17 SECTION 2.008. Sections 11(a), (c), (d), (e), (f), (g), (i),
89-18 and (m), Article 42.18, Code of Criminal Procedure, are amended to
89-19 read as follows:
89-20 (a) The board shall adopt rules as to:
89-21 (1) the submission and presentation of information and
89-22 arguments to the board, parole panels, and the department <pardons
89-23 and paroles division> for and in behalf of an inmate; and
89-24 (2) the time, place, and manner of contact between a
89-25 person representing an inmate and a member of the board, an
89-26 employee of the board, or an employee of the department <pardons
89-27 and paroles division>.
90-1 (c) A person required to register under this section shall
90-2 file a fee affidavit with the department <pardons and paroles
90-3 division> in a form prescribed by the department <division> for
90-4 each inmate the person represents for compensation before the
90-5 person first contacts a member of the board, an employee of the
90-6 board, or an employee of the department <pardons and paroles
90-7 division> on behalf of the inmate.
90-8 (d) The fee affidavit must be written and verified and
90-9 contain:
90-10 (1) the registrant's full name and address;
90-11 (2) the registrant's normal business, business phone
90-12 number, and business address;
90-13 (3) the full name of any former member or employee of
90-14 the Board of Pardons and Paroles or the Texas Board of Criminal
90-15 Justice or any former employee of the department <Texas Department
90-16 of Criminal Justice> with whom the person:
90-17 (A) is associated;
90-18 (B) has a relationship as an employer or
90-19 employee; or
90-20 (C) maintains a contractual relationship to
90-21 provide services;
90-22 (4) the full name and institutional identification
90-23 number of the inmate the registrant represents;
90-24 (5) the amount of compensation the person has received
90-25 or expects to receive in exchange for the representation; and
90-26 (6) the name of the person making the compensation.
90-27 (e) The department <division> shall, not later than the
91-1 third day after the date the fee affidavit is filed, place a copy
91-2 of the affidavit in the file of an inmate that a parole panel or
91-3 the board reviews. The department <division> shall also keep a
91-4 copy of each fee affidavit in a central location.
91-5 (f) If a person who has registered under this section
91-6 receives compensation in excess of the amount reported on the fee
91-7 affidavit, the person must file with the department <pardons and
91-8 paroles division>, not later than the fifth day after the date the
91-9 person receives the additional compensation, a supplemental fee
91-10 affidavit in a form prescribed by the department <division>
91-11 indicating the total amount of compensation received for
91-12 representing that inmate. The department <division> shall follow
91-13 the procedures in Subsection (e) <of this section> to process the
91-14 supplemental affidavit.
91-15 (g) A person required to register under this section shall,
91-16 for each calendar year the person represents an inmate, file a
91-17 representation summary form with the Texas Ethics Commission on a
91-18 form prescribed by the commission. The form must be filed not
91-19 later than the last day of January in the first year following the
91-20 reporting period and include:
91-21 (1) the registrant's full name and address;
91-22 (2) the registrant's normal business, business phone
91-23 number, and business address;
91-24 (3) the full name of any former member or employee of
91-25 the Board of Pardons and Paroles or the Texas Board of Criminal
91-26 Justice or any former employee of the department <Texas Department
91-27 of Criminal Justice> with whom the person:
92-1 (A) is associated;
92-2 (B) has a relationship as an employer or
92-3 employee; or
92-4 (C) maintains a contractual relationship to
92-5 provide services;
92-6 (4) the full name and institutional identification
92-7 number of each inmate the registrant represented in the previous
92-8 calendar year; and
92-9 (5) the amount of compensation the person has received
92-10 for representing each inmate in the previous calendar year.
92-11 (i) The Texas Ethics Commission shall submit to the
92-12 department <pardons and paroles division> a copy of each
92-13 representation summary form that is filed.
92-14 (m) In this section:
92-15 (1) "Compensation" has the meaning assigned by Section
92-16 305.002, Government Code.
92-17 (2) "Inmate" includes an administrative releasee, a
92-18 person imprisoned in the institutional division, and a person
92-19 confined in a transfer facility or county jail awaiting transfer to
92-20 the institutional division or awaiting a revocation hearing.
92-21 (3) "Represent" means to directly or indirectly
92-22 contact in person or by telephone, facsimile transmission, or
92-23 correspondence a member or employee of the board or an employee of
92-24 the department <pardons and paroles division> on behalf of an
92-25 inmate.
92-26 SECTION 2.009. Section 13(a), Article 42.18, Code of
92-27 Criminal Procedure, is amended to read as follows:
93-1 (a) A warrant for the return of a paroled prisoner, a
93-2 prisoner released to mandatory supervision, a prisoner released
93-3 although not eligible for release, a resident released to a
93-4 preparole or work program, a prisoner released on emergency
93-5 reprieve or on furlough, or a person released on a conditional
93-6 pardon to the institution from which the person was paroled,
93-7 released, or pardoned may be issued by the director or a designated
93-8 agent of the director in cases of parole or mandatory supervision,
93-9 or by the board on order by the governor in other cases, if there
93-10 is reason to believe that the person has been released although not
93-11 eligible for release, if the person has been arrested for an
93-12 offense, if there is a verified complaint stating that the person
93-13 violated a rule or condition of release, or if there is reliable
93-14 evidence that the person has exhibited behavior during the person's
93-15 release that indicates to a reasonable person that the person poses
93-16 a danger to society that warrants the person's immediate return to
93-17 custody. The person may be held in custody pending a determination
93-18 of all facts surrounding the alleged offense, violation of a rule
93-19 or condition of release, or dangerous behavior. A designated agent
93-20 of the director acts independently from a parole officer and must
93-21 receive specialized training as determined by the director. Such
93-22 warrant shall authorize all officers named therein to take actual
93-23 custody of the prisoner and detain and house the prisoner until a
93-24 parole panel orders the return of the prisoner to the institution
93-25 from which he was released. Pending hearing, as hereinafter
93-26 provided, upon any charge of parole violation, ineligible release,
93-27 or violation of the conditions of mandatory supervision, a prisoner
94-1 returned to custody shall remain incarcerated. If the director, a
94-2 board member, or a designated agent of the director or the board is
94-3 otherwise authorized to issue a warrant under this subsection, the
94-4 <pardons and paroles> division may instead issue to a prisoner a
94-5 summons requiring the prisoner to appear for a hearing under
94-6 Section 14 of this article. The summons must state the time,
94-7 place, date, and purpose of the hearing.
94-8 SECTION 2.010. Section 14, Article 42.18, Code of Criminal
94-9 Procedure, is amended by amending Subsection (a) and by adding
94-10 Subsection (c) to read as follows:
94-11 (a) Whenever a prisoner or a person granted a conditional
94-12 pardon is accused of a violation of his parole, mandatory
94-13 supervision, or conditional pardon, on information and complaint by
94-14 a law enforcement officer or parole officer, or is arrested after
94-15 an ineligible release, he shall be entitled to be heard on such
94-16 charges before a parole panel or a designee of the board under such
94-17 rules as the board may adopt; provided, however, said hearing shall
94-18 be held within 70 days of the date of arrest under a warrant issued
94-19 by the director or a designated agent of the director or by the
94-20 board on order by the governor and at a time and place set by that
94-21 parole panel or designee. The panel or designee may hold the
94-22 hearing at a date later than the date otherwise required by this
94-23 section if it determines a delay is necessary to assure due process
94-24 for the person, except that the authority issuing the warrant shall
94-25 immediately withdraw the warrant if the hearing is not held before
94-26 the 121st day after the date of arrest<, regardless of whether the
94-27 person agrees to delay the hearing until after that date>. If a
95-1 parole panel or designee determines that a parolee, mandatory
95-2 supervisee, or person granted a conditional pardon has been
95-3 convicted in a court of competent jurisdiction of a felony offense
95-4 committed while an administrative releasee and has been sentenced
95-5 by the court to a term of incarceration in a penal institution, the
95-6 determination is to be considered a sufficient hearing to revoke
95-7 the parole or mandatory supervision or recommend to the governor
95-8 revocation of a conditional pardon without further hearing, except
95-9 that the parole panel or designee shall conduct a hearing to
95-10 consider mitigating circumstances if requested by the parolee,
95-11 mandatory supervisee, or person granted a conditional pardon. When
95-12 the parole panel or designee has heard the facts, the board may
95-13 recommend to the governor that the conditional pardon be continued,
95-14 revoked, or modified, or it may continue, revoke, or modify the
95-15 parole or mandatory supervision, in any manner warranted by the
95-16 evidence. The parole panel or designee must make its
95-17 recommendation or decision no later than the 30th day after the
95-18 date the hearing is concluded. When a person's parole, mandatory
95-19 supervision, or conditional pardon is revoked, that person may be
95-20 required to serve the portion remaining of the sentence on which he
95-21 was released, such portion remaining to be calculated without
95-22 credit for the time from the date of his release to the date of
95-23 revocation. When a warrant is issued charging a violation of
95-24 release conditions, the sentence time credit may be suspended until
95-25 a determination is made in such case and such suspended time credit
95-26 may be reinstated should such parole, mandatory supervision, or
95-27 conditional pardon be continued.
96-1 (c) The requirement in Subsection (a) that a warrant be
96-2 withdrawn does not apply if the person:
96-3 (1) has been removed from the custody of a county
96-4 sheriff by the department and placed in a community residential
96-5 facility;
96-6 (2) is in custody in another state or in a federal
96-7 correctional facility;
96-8 (3) is granted a continuance, not to exceed the 181st
96-9 day after the arrest, or the attorney representing the person or
96-10 the attorney representing the state is granted a continuance, not
96-11 to exceed the 181st day after the arrest; or
96-12 (4) is subject to pending criminal charges that have
96-13 not been adjudicated.
96-14 SECTION 2.011. Section 18, Article 42.18, Code of Criminal
96-15 Procedure, is amended to read as follows:
96-16 Sec. 18. Confidential Information. (a) Except as provided
96-17 by Subsection (b), all <All> information, including victim protest
96-18 letters or other correspondence, victim impact statements, lists of
96-19 inmates eligible for release on parole, and arrest records of
96-20 inmates, obtained and maintained in connection with inmates of the
96-21 institutional division subject to parole, release to mandatory
96-22 supervision, or executive clemency, or individuals who may be on
96-23 mandatory supervision or parole and under the supervision of the
96-24 pardons and paroles division, or persons directly identified in any
96-25 proposed plan of release for a prisoner, is <including victim
96-26 impact statements, lists of inmates eligible for parole, and
96-27 inmates' arrest records, shall be> confidential and privileged
97-1 <information and shall not be subject to public inspection;
97-2 provided, however, that all such information shall be available to
97-3 the governor, the members of the board, and the Criminal Justice
97-4 Policy Council to perform its duties under Section 413.021,
97-5 Government Code, upon request>.
97-6 (b) Statistical <It is further provided that statistical>
97-7 and general information respecting the parole and mandatory
97-8 supervision program and system, including the names of paroled
97-9 prisoners, prisoners released to mandatory supervision, and data
97-10 recorded in connection with parole and mandatory supervision
97-11 services, is not confidential or privileged and must <shall> be
97-12 made available for <subject to> public inspection at any reasonable
97-13 time.
97-14 (c) On request of the governor, a member of the board, the
97-15 Criminal Justice Policy Council in performing duties of the council
97-16 under Section 413.021, Government Code, or an eligible entity
97-17 requesting information for a law enforcement, prosecutorial,
97-18 correctional, clemency, or treatment purpose, the department may
97-19 provide to the person or entity for that purpose information made
97-20 confidential and privileged by this section.
97-21 (d) In this section, "eligible entity" means:
97-22 (1) a government agency, including the office of a
97-23 prosecuting attorney;
97-24 (2) an organization with which the Texas Department of
97-25 Criminal Justice contracts or an organization to which the
97-26 department provides a grant; or
97-27 (3) an organization to which inmates are referred for
98-1 services by the Texas Department of Criminal Justice.
98-2 SECTION 2.012. Section 22, Article 42.18, Code of Criminal
98-3 Procedure, is amended to read as follows:
98-4 Sec. 22. Electronic Monitoring. In order to establish and
98-5 maintain electronic monitoring programs as authorized by this
98-6 article, the department <pardons and paroles division> may fund
98-7 electronic monitoring programs in parole offices, develop standards
98-8 for the operation of electronic monitoring programs in parole
98-9 offices, and provide funds for the purchase, lease, or maintenance
98-10 of electronic monitoring equipment. In determining whether
98-11 electronic monitoring equipment should be leased or purchased, the
98-12 department <pardons and paroles division> shall take into
98-13 consideration the rate at which technological change makes
98-14 electronic monitoring equipment obsolete.
98-15 SECTION 2.013. Section 23, Article 42.18, Code of Criminal
98-16 Procedure, is amended to read as follows:
98-17 Sec. 23. Special Programs. (a) The department <pardons and
98-18 paroles division>, if funds are appropriated to the department
98-19 <division> for that purpose, may enter into contracts for the
98-20 provision of certain services to be provided to releasees under the
98-21 supervision of the division, including the following:
98-22 (1) services to releasees who have a history of mental
98-23 impairment or mental retardation;
98-24 (2) services to releasees who have a history of
98-25 substance abuse; or
98-26 (3) services to releasees who have a history of sexual
98-27 offenses.
99-1 (b) The department <pardons and paroles division> shall seek
99-2 funding for the contracts as a priority item.
99-3 SECTION 2.014. Section 24, Article 42.18, Code of Criminal
99-4 Procedure, is amended to read as follows:
99-5 Sec. 24. Intensive Supervision. The department <pardons and
99-6 paroles division> shall establish a program to provide intensive
99-7 supervision to inmates released under the provisions of Subchapter
99-8 B, Chapter 499 <498>, Government Code, and other inmates determined
99-9 by parole panels or the department <pardons and paroles division>
99-10 to require intensive supervision. The Texas Board of Criminal
99-11 Justice shall adopt rules that establish standards for determining
99-12 which inmates require intensive supervision. The program must
99-13 provide the highest level of supervision provided by the department
99-14 <pardons and paroles division>.
99-15 SECTION 2.015. Section 25, Article 42.18, Code of Criminal
99-16 Procedure, is amended to read as follows:
99-17 Sec. 25. COMMUNITY RESIDENTIAL <COMMUNITY-BASED> FACILITIES.
99-18 (a) The <pardons and paroles> division may establish and operate
99-19 or contract for the operation of community residential
99-20 <community-based intermediate sanction> facilities to house,
99-21 maintain, and provide services for:
99-22 (1) persons required by a parole panel as a condition
99-23 of parole or mandatory supervision under <Section 8(g) of> this
99-24 article to serve a period in a community-based facility; and
99-25 (2) persons whose release on parole or mandatory
99-26 supervision has been continued or modified under Section 14(a) of
99-27 this article, and on whom sanctions have been imposed under that
100-1 section.
100-2 (b) The purpose of a facility authorized by this section is
100-3 to provide housing, supervision, counseling, personal, social, and
100-4 work adjustment training, and other programs for persons described
100-5 by Subsection (a) of this section.
100-6 (c) The <pardons and paroles> division may not establish a
100-7 community residential facility, enter into a contract for a
100-8 community residential <community-based> facility, change the use of
100-9 a community residential <community-based> facility, significantly
100-10 increase the capacity of a community residential <community-based>
100-11 facility, or increase the capacity of a community residential
100-12 <community-based> facility to more than 500 residents, regardless
100-13 of whether that increase is significant, unless the division or a
100-14 vendor proposing to operate the facility <pardons and paroles
100-15 division> provides notice of the proposed action and a hearing on
100-16 the issues in the same manner as notice and hearing are provided
100-17 <required of the community justice assistance division> under
100-18 Section 9 <10>, Article 42.13<, of this code before the division
100-19 takes an action under Section 5 of that article>. This subsection
100-20 applies to any residential facility that the <pardons and paroles>
100-21 division establishes or contracts for under this article, under
100-22 Subchapter C, Chapter 497, Government Code, or under Subchapter A,
100-23 Chapter 499, Government Code.
100-24 (d) The Texas Board of Criminal Justice shall adopt rules
100-25 necessary for the management of community residential
100-26 <community-based> facilities authorized by this section.
100-27 (e) The <pardons and paroles> division may charge a
101-1 reasonable fee to a person housed in a facility authorized by this
101-2 section for the cost of housing, board, and that part of the
101-3 administrative costs of the facility that may be properly allocable
101-4 to the person. A fee imposed under this subsection may not exceed
101-5 the actual costs to the <pardons and paroles> division for
101-6 services to the person charged for the services. The <pardons and
101-7 paroles> division may not deny placement in a community residential
101-8 <community-based> facility to a person because that person is
101-9 unable to pay a fee authorized by this section.
101-10 (f) A parole panel or a designee of the <pardons and
101-11 paroles> division may grant a limited release to a person placed in
101-12 a community residential <community-based> facility so that the
101-13 person may maintain or seek employment, education or training
101-14 courses, or housing after release from the facility.
101-15 (g) The <pardons and paroles> division may enter into a
101-16 contract with a public or private vendor for the financing,
101-17 construction, operation, or management of community residential
101-18 <community-based> facilities using lease-purchase or installment
101-19 sale contracts to provide or supplement housing, board, or
101-20 supervision for persons placed in community residential
101-21 <community-based> facilities. A person housed or supervised in a
101-22 facility operated by a vendor under a contract is subject to the
101-23 same provisions of law as if the housing or supervision were
101-24 provided directly by the <pardons and paroles> division.
101-25 SECTION 2.016. Section 26, Article 42.18, Code of Criminal
101-26 Procedure, is amended to read as follows:
101-27 Sec. 26. Contracts for Lease of Federal Facilities.
102-1 (a) The department <pardons and paroles division> may contract
102-2 with the federal government for the lease of any military base or
102-3 other federal facility that is not being used by the federal
102-4 government.
102-5 (b) A facility leased under this section may be used by the
102-6 department <pardons and paroles division> for the purpose of
102-7 housing releasees in the custody of the <pardons and paroles>
102-8 division.
102-9 (c) The department <pardons and paroles division> may not
102-10 enter into a contract under this section unless funds have been
102-11 appropriated specifically for the purpose of making payments on
102-12 contracts authorized under this section.
102-13 (d) The department <pardons and paroles division> shall
102-14 attempt to enter into contracts authorized by this section that
102-15 will provide the department <pardons and paroles division> with
102-16 facilities located in the various parts of the state.
102-17 SECTION 2.017. Section 27, Article 42.18, Code of Criminal
102-18 Procedure, is amended to read as follows:
102-19 Sec. 27. Program to Assess and Enhance Educational and
102-20 Vocational Skills. (a) The department <pardons and paroles
102-21 division>, with the assistance of public school districts,
102-22 community and public junior colleges, public and private
102-23 institutions of higher education, and other appropriate public and
102-24 private entities, may establish a developmental program on the
102-25 basis of information developed under Section 8(k) of this article
102-26 for an inmate to be released to the supervision of the division.
102-27 (b) The developmental program may provide the inmate with
103-1 the educational and vocational training necessary to:
103-2 (1) meet the average skill level required under
103-3 Section 8B <8(k) of this article>; and
103-4 (2) acquire employment while in the custody <under the
103-5 supervision> of the <pardons and paroles> division, to lessen the
103-6 likelihood that the inmate will return to the institutional
103-7 division.
103-8 (c) To decrease state expenditures for the educational and
103-9 vocational skills assessment and enhancement program established
103-10 under this section, the Texas Department of Commerce shall provide
103-11 information to the department <pardons and paroles division>,
103-12 public school districts, community and public junior colleges,
103-13 public and private institutions of higher education, and other
103-14 appropriate public and private entities for obtaining financial
103-15 assistance through Chapter 301, Labor Code, <the Texas Job-Training
103-16 Partnership Act (Article 4413(52), Vernon's Texas Civil Statutes)>
103-17 and other applicable programs of public or private entities.
103-18 (d) The department <pardons and paroles division> may
103-19 establish a developmental program similar to the program described
103-20 by Subsection (a) of this section for inmates released from the
103-21 institutional division who are not to be supervised by the
103-22 department <division>.
103-23 SECTION 2.018. Section 28, Article 42.18, Code of Criminal
103-24 Procedure, is amended to read as follows:
103-25 Sec. 28. Reporting and Management Services. The department
103-26 <pardons and paroles division>, with the approval of the Texas
103-27 Board of Criminal Justice, may enter into a contract with a public
104-1 or private vendor for the provision of telephone reporting,
104-2 automated caseload management, and collection services for fines,
104-3 fees, restitution, and other costs ordered to be paid by a court or
104-4 fees collected <imposed> by the division.
104-5 SECTION 2.019. Article 48.01, Code of Criminal Procedure, is
104-6 amended to read as follows:
104-7 Art. 48.01. Governor may pardon. In all criminal cases,
104-8 except treason and impeachment, the Governor shall have power,
104-9 after conviction, on the written signed recommendation and advice
104-10 of the Board of Pardons and Paroles, or a majority thereof, to
104-11 grant reprieves and commutations of punishments and pardons; and
104-12 upon the written recommendation and advice of a majority of the
104-13 Board of Pardons and Paroles, he shall have the power to remit
104-14 fines and forfeitures. The Governor shall have the power to grant
104-15 one reprieve in any capital case for a period not to exceed 30
104-16 days; and he shall have power to revoke <paroles and> conditional
104-17 pardons. With the advice and consent of the Legislature, the
104-18 Governor may grant reprieves, commutations of punishment and
104-19 pardons in cases of treason.
104-20 SECTION 2.020. Section 614.002(c), Health and Safety Code,
104-21 is amended to read as follows:
104-22 (c) The executive head of each of the following agencies,
104-23 divisions of agencies, or associations, or that person's designated
104-24 representative, shall serve as a member of the council:
104-25 (1) the institutional division of the Texas Department
104-26 of Criminal Justice;
104-27 (2) the Texas Department of Mental Health and Mental
105-1 Retardation;
105-2 (3) the pardons and paroles division of the Texas
105-3 Department of Criminal Justice;
105-4 (4) the community justice assistance division of the
105-5 Texas Department of Criminal Justice;
105-6 (5) the state jail division of the Texas Department of
105-7 Criminal Justice;
105-8 (6) the Texas Juvenile Probation Commission;
105-9 (7) <(6)> the Texas Youth Commission;
105-10 (8) <(7)> the Texas Rehabilitation Commission;
105-11 (9) <(8)> the Central Education Agency;
105-12 (10) <(9)> the Criminal Justice Policy Council;
105-13 (11) <(10)> the Mental Health Association in Texas;
105-14 (12) <(11)> the Texas Commission on Alcohol and Drug
105-15 Abuse;
105-16 (13) <(12)> the Commission on Law Enforcement Officer
105-17 Standards and Education;
105-18 (14) <(13)> the Texas Council of Community Mental
105-19 Health and Mental Retardation Centers;
105-20 (15) <(14)> the Commission on Jail Standards;
105-21 (16) <(15)> the Texas Planning Council for
105-22 Developmental Disabilities;
105-23 (17) <(16)> the Texas Association for Retarded
105-24 Citizens;
105-25 (18) <(17)> the Texas Alliance for the Mentally Ill;
105-26 (19) <(18)> the Parent Association for the Retarded of
105-27 Texas, Inc.;
106-1 (20) <(19)> the Texas Department of Human Services;
106-2 and
106-3 (21) <(20)> the Texas Department on Aging.
106-4 SECTION 2.021. Section 3(b), Chapter 462, Acts of the 68th
106-5 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
106-6 Texas Civil Statutes), is amended to read as follows:
106-7 (b) An interagency advisory committee may advise the council
106-8 on administering its duties under this Act. The interagency
106-9 advisory committee is composed of 11 members. The executive head
106-10 of each of the following agencies or the designated representative
106-11 of the executive head shall serve as a member of the interagency
106-12 advisory committee: the <institutional division of the> Texas
106-13 Department of Criminal Justice, <pardons and paroles division of
106-14 the Texas Department of Criminal Justice, community justice
106-15 assistance division of the Texas Department of Criminal Justice,>
106-16 Texas Juvenile Probation Commission, Texas Department of Mental
106-17 Health and Mental Retardation, Texas Youth Commission, Sam Houston
106-18 State University, Department of Protective and Regulatory Services,
106-19 Texas Council of Community Mental Health and Mental Retardation
106-20 Centers, and Texas Department of Health. The director of the
106-21 Criminal Justice Division of the Governor's Office or the
106-22 designated representative of the director shall serve as a member
106-23 of the interagency advisory committee.
106-24 SECTION 2.022. Section 5, Article 42.18, Code of Criminal
106-25 Procedure, is amended to read as follows:
106-26 Sec. 5. SUNSET PROVISIONS. The Board of Pardons and Paroles
106-27 is subject to review under Chapter 325, Government Code (Texas
107-1 Sunset Act), but is not abolished under that chapter. The board
107-2 shall be reviewed in a timely manner to permit recommendations for
107-3 necessary legislation to be made to the 75th Legislature, Regular
107-4 Session, 1997 <during the period in which the Texas Department of
107-5 Criminal Justice is reviewed>.
107-6 SECTION 2.023. This article takes effect September 1, 1995.
107-7 ARTICLE 3
107-8 SECTION 3.001. Sections 8(a), (b), (c), (d), (f), (h), and
107-9 (i), Article 42.09, Code of Criminal Procedure, are amended to read
107-10 as follows:
107-11 (a) A county that transfers a defendant to the
107-12 <institutional division of the> Texas Department of Criminal
107-13 Justice under this article shall deliver to an officer designated
107-14 by the department <the director of the division>:
107-15 (1) a copy of the judgment entered pursuant to Article
107-16 42.01 of this code, completed on a standardized felony judgment
107-17 form described by Section 4 of that article;
107-18 (2) a copy of any order revoking community supervision
107-19 <probation> and imposing sentence pursuant to Section 23, Article
107-20 42.12, of this code, including:
107-21 (A) any amounts owed for restitution, fines, and
107-22 court costs, completed on a standardized felony judgment form
107-23 described by Section 4, Article 42.01, of this code; and
107-24 (B) a copy of the client supervision plan
107-25 prepared for the defendant by the community supervision and
107-26 corrections department supervising the defendant, if such a plan
107-27 was prepared;
108-1 (3) a written report that states the nature and the
108-2 seriousness of each offense and that states the citation to the
108-3 provision or provisions of the Penal Code or other law under which
108-4 the defendant was convicted;
108-5 (4) a copy of the victim impact statement, if one has
108-6 been prepared in the case under Article 56.03 of this code;
108-7 (5) a statement as to whether there was a change in
108-8 venue in the case and, if so, the names of the county prosecuting
108-9 the offense and the county in which the case was tried;
108-10 (6) a copy of the record of arrest for each offense;
108-11 (7) if requested, information regarding the criminal
108-12 history of the defendant, including the defendant's state
108-13 identification number if the number has been issued;
108-14 (8) a copy of the indictment or information for each
108-15 offense;
108-16 (9) a checklist sent by the department to the county
108-17 and completed by the county in a manner indicating that the
108-18 documents required by this subsection and Subsection (c) of this
108-19 section accompany the defendant; and
108-20 (10) a copy of a presentence or postsentence
108-21 investigation report prepared under Section 9, Article 42.12 of
108-22 this code.
108-23 (b) The <institutional division of the> Texas Department of
108-24 Criminal Justice shall not take a defendant into custody under this
108-25 article until the designated officer <director> receives the
108-26 documents required by Subsections (a) and (c) of this section. The
108-27 designated officer <director> shall certify under the seal of the
109-1 department <institutional division> the documents received under
109-2 Subsections (a) and (c) of this section. A document certified
109-3 under this subsection is self-authenticated for the purposes of
109-4 Rules 901 and 902, Texas Rules of Criminal Evidence.
109-5 (c) A county that transfers a defendant to the
109-6 <institutional division of the> Texas Department of Criminal
109-7 Justice under this article shall also deliver to the designated
109-8 officer <director of the division> any presentence or postsentence
109-9 investigation report, revocation report, psychological or
109-10 psychiatric evaluation of the defendant, and available social or
109-11 psychological background information relating to the defendant and
109-12 may deliver to the designated officer <director> any additional
109-13 information upon which the judge or jury bases the punishment
109-14 decision.
109-15 (d) The institutional division of the Texas Department of
109-16 Criminal Justice shall make documents received under Subsections
109-17 (a) and (c) of this section available to the pardons and paroles
109-18 division on the request of the pardons and paroles division.
109-19 (f) Except as provided by Subsection (g) of this section,
109-20 the county sheriff is responsible for ensuring that documents and
109-21 information required by this section accompany defendants sentenced
109-22 by district courts in the county to <terms of imprisonment in the
109-23 institutional division of> the Texas Department of Criminal
109-24 Justice.
109-25 (h) If a parole panel releases on parole a person who is
109-26 confined in a jail in this state, a federal correctional
109-27 institution, or a correctional institution in another state, the
110-1 <pardons and paroles division of the> Texas Department of Criminal
110-2 Justice shall request the sheriff who would otherwise be required
110-3 to transfer the person to the department <institutional division>
110-4 to forward to the department <both divisions> the information
110-5 described by Subsections (a) and (c) of this section. The sheriff
110-6 shall comply with the request of the department <pardons and
110-7 paroles division>. The department <pardons and paroles division>
110-8 shall determine whether the information forwarded by the sheriff
110-9 under this subsection contains a thumbprint taken from the person
110-10 in the manner provided by Article 38.33 of this code and, if not,
110-11 the department <division> shall obtain a thumbprint taken in the
110-12 manner provided by that article and shall forward the thumbprint to
110-13 the department <institutional division> for inclusion with the
110-14 information sent by the sheriff.
110-15 (i) A county may deliver the documents required under
110-16 Subsections (a) and (c) of this section to the <institutional
110-17 division of the> Texas Department of Criminal Justice by electronic
110-18 means. For purposes of this subsection, "electronic means" means
110-19 the transmission of data between word processors, data processors,
110-20 or similar automated information equipment over dedicated cables,
110-21 commercial lines, or other similar methods of transmission.
110-22 SECTION 3.002. (a) Section 1, Article 42.11, Code of
110-23 Criminal Procedure, is amended to read as follows:
110-24 Sec. 1. This Act may be cited as the Uniform Act for
110-25 out-of-State probationer and parolee supervision.
110-26 (b) The article heading of Article 42.11, Code of Criminal
110-27 Procedure, is amended to read as follows:
111-1 Art. 42.11. UNIFORM ACT FOR OUT-OF-STATE PROBATIONER AND
111-2 PAROLEE SUPERVISION
111-3 SECTION 3.003. Sections 9(e), (j), and (k), Article 42.12,
111-4 Code of Criminal Procedure, are amended to read as follows:
111-5 (e) The judge shall allow the defendant or his attorney to
111-6 comment on a presentence investigation or a postsentence <the>
111-7 report and, with the approval of the judge, introduce testimony or
111-8 other information alleging a factual inaccuracy in the
111-9 investigation or report.
111-10 (j) The judge by order may direct that any information and
111-11 records that are not privileged and that are relevant to a <the>
111-12 report required by Subsection (a) or Subsection (k) of this section
111-13 be released to an <the> officer conducting a <the> presentence
111-14 investigation under Subsection (i) of this section or a
111-15 postsentence report under Subsection (k) of this section. The
111-16 judge may also issue a subpoena to obtain that information. A
111-17 <The> report and all information obtained in connection with a
111-18 <the> presentence investigation or postsentence report are
111-19 confidential and may be released only to those persons and under
111-20 those circumstances authorized under Subsections (d), (e), (f),
111-21 (h), and (k) <and (g)> of this section and as directed by the judge
111-22 for the effective supervision of the defendant. Medical and
111-23 psychiatric records obtained by court order shall be kept separate
111-24 from the defendant's community supervision file and may be released
111-25 only by order of the judge.
111-26 (k) If a presentence report in a felony case is not required
111-27 under this section, the judge shall direct the officer to prepare a
112-1 postsentence report containing the same information that would have
112-2 been required for the presentence report, other than a proposed
112-3 client supervision plan and any information that is reflected in
112-4 the judgment. The officer shall send the postsentence report to
112-5 the clerk of the court not later than the 30th day after the date
112-6 on which sentence is pronounced or deferred adjudication is
112-7 granted, and the clerk shall deliver <file> the postsentence report
112-8 with the papers in the case to a designated officer of the Texas
112-9 Department of Criminal Justice, as required by Section 8(a),
112-10 Article 42.09.
112-11 SECTION 3.004. Section 14(a), Article 42.12, Code of
112-12 Criminal Procedure, as amended by Chapter 900, Acts of the 73rd
112-13 Legislature, Regular Session, 1993, is amended to read as follows:
112-14 (a) If a court places a defendant on community supervision
112-15 under any provision of this article as an alternative to
112-16 imprisonment, the judge may require as a condition of community
112-17 supervision that the defendant serve a term of confinement and
112-18 treatment in a substance abuse treatment facility operated by the
112-19 Texas Department of Criminal Justice under Section 493.009,
112-20 Government Code. A term of confinement and treatment imposed under
112-21 this section must be an indeterminate term of not more than one
112-22 year or less than 90 days <six months>.
112-23 SECTION 3.005. Section 14(b), Article 42.12, Code of
112-24 Criminal Procedure, as amended by Chapter 900, Acts of the 73rd
112-25 Legislature, Regular Session, 1993, is amended to read as follows:
112-26 (b) A judge may impose the condition of community
112-27 supervision created under this section if:
113-1 (1) the judge places the defendant on community
113-2 supervision under this article;
113-3 (2) the defendant is charged with or convicted of a
113-4 felony other than:
113-5 (A) a felony under Section 21.11, 22.011, or
113-6 22.021, <or 25.06,> Penal Code; or
113-7 (B) criminal attempt of a felony under Section
113-8 21.11, 22.011, or 22.021, Penal Code; and
113-9 (3) the judge makes an affirmative finding that:
113-10 (A) drug or alcohol abuse significantly
113-11 contributed to the commission of the crime or violation of
113-12 community supervision; and
113-13 (B) the defendant is a suitable candidate for
113-14 treatment, as determined by the suitability criteria established by
113-15 the Texas Board of Criminal Justice under Section 493.009(b),
113-16 Government Code.
113-17 SECTION 3.006. Section 15(h), Article 42.12, Code of
113-18 Criminal Procedure, as amended by Chapter 900, Acts of the 73rd
113-19 Legislature, Regular Session, 1993, is amended to read as follows:
113-20 (h)(1) A defendant confined in a state jail felony facility
113-21 after revocation of community supervision does not earn good
113-22 conduct time for time served in the facility.
113-23 (2) A judge may credit against any time a defendant is
113-24 subsequently required to serve in a state jail felony facility
113-25 after revocation of community supervision time served by the
113-26 defendant in county jail:
113-27 (A) from the time of the defendant's arrest and
114-1 confinement until sentencing by the trial court; and
114-2 (B) as a condition of community supervision
114-3 under Subsection (d) of this section<; and>
114-4 <(C) after modification of community
114-5 supervision>.
114-6 (3) A judge shall credit against any time a defendant
114-7 is subsequently required to serve in a state jail felony facility
114-8 after revocation of community supervision any time served by the
114-9 defendant in a state jail felony facility after sentencing.
114-10 SECTION 3.007. Section 16, Article 42.12, Code of Criminal
114-11 Procedure, is amended to read as follows:
114-12 Sec. 16. Community Service. (a) A judge shall require as a
114-13 condition of community supervision, that the defendant work a
114-14 specified number of hours at a community service project or
114-15 projects for an organization or organizations approved by the judge
114-16 and designated by the department, unless the judge determines and
114-17 notes on the order placing the defendant on community supervision
114-18 that:
114-19 (1) the defendant is physically or mentally incapable
114-20 of participating in the project;
114-21 (2) participating in the project will work a hardship
114-22 on the defendant or the defendant's dependents;
114-23 (3) the defendant is to be confined in a substance
114-24 abuse punishment facility as a condition of community supervision;
114-25 or
114-26 (4) there is other good cause shown.
114-27 (b) The amount of community service work ordered by the
115-1 judge:
115-2 (1) may not exceed 1,000 hours and may not be less
115-3 than 320 hours for an offense classified as a first degree felony;
115-4 (2) may not exceed 800 hours and may not be less than
115-5 240 hours for an offense classified as a second degree felony;
115-6 (3) may not exceed 600 hours and may not be less than
115-7 160 hours for an offense classified as a third degree felony;
115-8 (4) may not exceed 400 hours and may not be less than
115-9 120 hours for an offense classified as a state jail felony;
115-10 (5) may not exceed 200 hours and may not be less than
115-11 80 hours for an offense classified as a Class A misdemeanor or for
115-12 any other misdemeanor for which the maximum permissible
115-13 confinement, if any, exceeds six months or the maximum permissible
115-14 fine, if any, exceeds $4,000; and
115-15 (6) may not exceed 100 hours and may not be less than
115-16 24 hours for an offense classified as a Class B misdemeanor or for
115-17 any other misdemeanor for which the maximum permissible
115-18 confinement, if any, does not exceed six months and the maximum
115-19 permissible fine, if any, does not exceed $4,000.
115-20 (c) <If the judge modifies the defendant's terms of
115-21 community supervision to include confinement in a state jail felony
115-22 facility, the judge shall order the defendant to continue to work
115-23 towards fulfillment of his work requirement during his period of
115-24 confinement.>
115-25 <(d)> A defendant required to perform community service
115-26 under this section is not a state employee for the purposes of
115-27 Article 8309g or 8309h, Revised Statutes.
116-1 <(e) An employee of the Texas Department of Criminal
116-2 Justice, sheriff, employee of a sheriff's department, county
116-3 commissioner, county employee, county judge, employee of a
116-4 community corrections and supervision department, restitution
116-5 center, or officer or employee of a political subdivision other
116-6 than a county is not liable for damages arising from an act or
116-7 failure to act in connection with community service performed by an
116-8 inmate pursuant to court order under this article or in connection
116-9 with an inmate or offender programmatic or nonprogrammatic
116-10 activity, including work, educational, and treatment activities, if
116-11 the act or failure to act was not intentional, wilfully or wantonly
116-12 negligent, or performed with conscious indifference or reckless
116-13 disregard for the safety of others.>
116-14 (d) <(e)> If the court makes an affirmative finding under
116-15 Article 42.014, Code of Criminal Procedure, the court may order the
116-16 defendant to perform community service under this section at a
116-17 project designated by the court that primarily serves the person or
116-18 group who was the target of the defendant. If the court orders
116-19 community service under this subsection the court shall order the
116-20 defendant to perform not less than:
116-21 (1) 100 hours of service if the offense is a
116-22 misdemeanor; or
116-23 (2) 300 hours of service if the offense is a felony.
116-24 SECTION 3.008. Section 22(a), Article 42.12, Code of
116-25 Criminal Procedure, is amended to read as follows:
116-26 (a) If after a hearing under Section 21 of this article a
116-27 judge continues or modifies community supervision after determining
117-1 that the defendant violated a condition of community supervision,
117-2 the judge may impose any other conditions the judge determines are
117-3 appropriate, including:
117-4 (1) a requirement that the defendant perform community
117-5 service for a number of hours specified by the court under Section
117-6 16 of this article, or an increase in the number of hours that the
117-7 defendant has previously been required to perform under those
117-8 sections in an amount not to exceed double the number of hours
117-9 permitted by Section 16;
117-10 (2) an increase in the period of community
117-11 supervision, in the manner described by Subsection (b) of this
117-12 section;
117-13 (3) an increase in the defendant's fine, in the manner
117-14 described by Subsection (d) of this section; or
117-15 (4) the placement of the defendant in a substance
117-16 abuse felony punishment program operated under Section 493.009,
117-17 Government Code, if:
117-18 (A) the defendant is convicted of a felony other
117-19 than:
117-20 (i) a felony under Section 21.11, 22.011,
117-21 or 22.021, <or 25.06,> Penal Code; or
117-22 (ii) criminal attempt of a felony under
117-23 Section 21.11, 22.011, or 22.021, Penal Code; and
117-24 (B) the judge makes an affirmative finding that:
117-25 (i) drug or alcohol abuse significantly
117-26 contributed to the commission of the crime or violation of
117-27 community supervision; and
118-1 (ii) the defendant is a suitable candidate
118-2 for treatment, as determined by the suitability criteria
118-3 established by the Texas Board of Criminal Justice under Section
118-4 493.009(b), Government Code.
118-5 SECTION 3.009. Section 1(b)(2), Article 42.13, Code of
118-6 Criminal Procedure, is amended to read as follows:
118-7 (2) "Community corrections facility" means a physical
118-8 structure, established by a judicial district after authorization
118-9 of the establishment of the structure has been included in the
118-10 local community justice plan, that is operated by a department or
118-11 operated for a department by an entity under contract with the
118-12 department, for the purpose of confining persons placed on
118-13 community supervision and providing services and programs to modify
118-14 criminal behavior, deter criminal activity, protect the public, and
118-15 restore victims of crime. The term includes:
118-16 (A) a restitution center;
118-17 (B) a court residential treatment facility;
118-18 (C) a substance abuse treatment facility;
118-19 (D) a custody facility or boot camp;
118-20 (E) a facility for an offender with a mental
118-21 impairment, as defined by Section 614.001, Health and Safety Code;
118-22 and
118-23 (F) an intermediate sanction facility<; and>
118-24 <(G) a state jail felony facility>.
118-25 SECTION 3.0091. Section 2, Article 42.13, Code of Criminal
118-26 Procedure, is amended by amending Subsections (a) and (c) and by
118-27 adding Subsection (d) to read as follows:
119-1 (a) The division shall propose and the board shall adopt
119-2 reasonable rules establishing:
119-3 (1) minimum standards for programs, community
119-4 corrections facilities and other facilities, equipment, and other
119-5 aspects of the operation of departments;
119-6 (2) a list and description of core services that
119-7 should be provided by each department;
119-8 (3) methods for measuring the success of community
119-9 supervision and corrections programs, including methods for
119-10 measuring rates of diversion, program completion, and recidivism;
119-11 <and>
119-12 (4) a format for community justice plans; and
119-13 (5) minimum standards for the operation of substance
119-14 abuse facilities and programs funded through the division.
119-15 (c) <After consultation with the Texas Commission on Alcohol
119-16 and Drug Abuse, the division by rule shall establish standards for
119-17 the operation of substance abuse facilities and programs by the
119-18 division and by departments.> A substance abuse facility or
119-19 program operating under the standards is not required to be
119-20 licensed or otherwise approved by any other state or local agency.
119-21 (d) The division shall develop a screening and assessment
119-22 procedure for use in accordance with Section 14, Article 42.131 of
119-23 this code. The division shall determine if a single screening and
119-24 assessment procedure may be used in each program. If the division
119-25 determines that a single procedure is not feasible, the division
119-26 shall identify and approve procedures that may be used.
119-27 SECTION 3.010. Section 4, Article 42.13, Code of Criminal
120-1 Procedure, is amended to read as follows:
120-2 Sec. 4. Inspections; Audits; Evaluations. <(a)> The
120-3 division may inspect and evaluate a department or conduct audits of
120-4 case management records, financial records, and officer
120-5 certification and training records of a department at any
120-6 reasonable time to determine compliance with the division's rules
120-7 and standards.
120-8 <(b) The division shall authorize payments under Section
120-9 10(a)(1) of this article only if the division determines that the
120-10 department has made a reasonable effort to maintain workloads
120-11 established by the division for supervising officers that do not
120-12 exceed the following ratios:>
120-13 <(1) one officer or full-time equivalent per 25 cases,
120-14 with a workload unit value of 4 per case;>
120-15 <(2) one officer or full-time equivalent per 40 cases,
120-16 with a workload unit value of 2.5 per case;>
120-17 <(3) one officer or full-time equivalent per 75 cases,
120-18 with a workload unit value of 1.33 per case; and>
120-19 <(4) one officer or full-time equivalent per 100
120-20 cases, with a workload unit value of 1 per case.>
120-21 SECTION 3.011. Section 7(g), Article 42.13, Code of Criminal
120-22 Procedure, is amended to read as follows:
120-23 (g) The division may deny, revoke, or suspend a
120-24 certification or may reprimand an officer for a violation of a
120-25 standard adopted under this article <or a rule of the Texas Board
120-26 of Criminal Justice>.
120-27 SECTION 3.012. Section 10, Article 42.13, Code of Criminal
121-1 Procedure, is amended by amending Subsections (a) and (b) and by
121-2 adding Subsection (f) to read as follows:
121-3 (a) If the division determines that a department complies
121-4 with division standards and if the department or judges managing
121-5 the department have submitted a community justice plan under
121-6 Section 3, Article 42.131 of this code and the supporting
121-7 information required by the division and the division determines
121-8 the plan and supporting information are acceptable, the division
121-9 shall prepare and submit to the comptroller of public accounts
121-10 vouchers for payment to the department as follows:
121-11 (1) for per capita funding, a per diem amount for each
121-12 felony defendant directly supervised by the department pursuant to
121-13 lawful authority;
121-14 (2) for per capita funding, a per diem amount for a
121-15 period not to exceed 182 days for each defendant supervised by the
121-16 department pursuant to lawful authority, other than a felony
121-17 defendant; and
121-18 (3) for formula funding, an annual amount as computed
121-19 by multiplying a percentage determined by the allocation formula
121-20 established under Subsection (f) <Section 499.071(b), Government
121-21 Code>, times the total amount provided in the General
121-22 Appropriations Act for payments under this subdivision.
121-23 (b) The division may use discretionary grant funds to
121-24 further the purposes of this chapter by contracting for services
121-25 with state agencies or nonprofit organizations. The division may
121-26 also make discretionary grants to departments, municipalities, or
121-27 counties for the following purposes:
122-1 (1) development and operation of pretrial and
122-2 presentencing services;
122-3 (2) electronic monitoring services, surveillance
122-4 supervision programs, and controlled substances testing services;
122-5 (3) research projects to evaluate the effectiveness of
122-6 community corrections programs, if the research is conducted in
122-7 cooperation with the Criminal Justice Policy Council;
122-8 (4) contract services for felony defendants;
122-9 (5) residential services for misdemeanor defendants
122-10 who exhibit levels of risk or needs indicating a need for
122-11 confinement and treatment, as described by Section 4(b) of this
122-12 article;
122-13 (6) establishment or operation of county correctional
122-14 centers under Subchapter H, Chapter 351, Local Government Code, or
122-15 community corrections facilities for which the division has
122-16 established standards under Section 5 of this article; <and>
122-17 (7) development and operation of treatment alternative
122-18 to incarceration programs under Section 14, Article 42.131 of this
122-19 code; and
122-20 (8) other purposes determined appropriate by the
122-21 division and approved by the board.
122-22 (f) The division annually shall compute for each department
122-23 for community corrections program formula funding a percentage
122-24 determined by assigning equal weights to the percentage of the
122-25 state's population residing in the counties served by the
122-26 department and the department's percentage of all felony defendants
122-27 in the state under direct community supervision. The division
123-1 shall use the most recent information available in making
123-2 computations under this subsection. The board by rule may adopt a
123-3 policy limiting for all departments the percentage of benefit or
123-4 loss that may be realized as a result of the operation of the
123-5 formula.
123-6 SECTION 3.013. Section 11(b), Article 42.13, Code of
123-7 Criminal Procedure, is amended to read as follows:
123-8 (b) The board shall provide for notice and a hearing in
123-9 cases in which the division proposes to take an action authorized
123-10 by this section, other than a refusal by the division to provide
123-11 discretionary grant funding or a reduction by the division of
123-12 discretionary grant funding during a funding cycle. The division
123-13 shall define with specificity the conduct that constitutes
123-14 substantial noncompliance with division standards and shall
123-15 establish the procedures to be used in imposing or waiving a
123-16 sanction authorized by this section, subject to approval of the
123-17 definition and the procedures by adoption by the board.
123-18 SECTION 3.014. Section 12, Article 42.131, Code of Criminal
123-19 Procedure, as amended by Chapter 988, Acts of the 73rd Legislature,
123-20 Regular Session, 1993, is amended to read as follows:
123-21 Sec. 12. Restitution. (a) If a judge requires a defendant
123-22 to make restitution to a victim of the defendant's offense, and a
123-23 payment is received under this article from the defendant for
123-24 transmittal to a victim of the offense, the community supervision
123-25 and corrections department that receives the payment for
123-26 disbursement to the victim shall immediately deposit the payment in
123-27 an interest-bearing account in the county treasury as required by
124-1 Section 140.003(f), Local Government Code <department having
124-2 original jurisdiction>. The department shall transmit the payment
124-3 to the victim as soon as practicable.
124-4 (b) If a victim cannot be located for receipt of<,
124-5 immediately after receiving> a <final> payment in satisfaction of
124-6 an order of restitution, <for the victim> the department shall
124-7 attempt to notify the victim of that fact by certified mail, mailed
124-8 to the last known address of the victim. If a victim then makes a
124-9 claim for payment, the department promptly shall remit the payment
124-10 to the victim. A department is obligated to make a good faith
124-11 effort to locate and notify a victim that an unclaimed payment
124-12 exists. The department satisfies the good faith requirement under
124-13 this subsection by sending to the victim by certified mail on any
124-14 one occasion during the period the defendant is required to make
124-15 payments a notice that the victim is entitled to an unclaimed
124-16 payment. Not earlier than the fifth anniversary of the date on
124-17 which the department mails notice under this subsection, if the
124-18 victim has not made a claim for payment, the department shall
124-19 transfer the payment from the interest-bearing account to the
124-20 comptroller of public accounts, after deducting five percent of the
124-21 payment as a collection fee and deducting any interest accrued on
124-22 the payment. The comptroller shall deposit the payment in the
124-23 state treasury to the credit of the compensation to victims of
124-24 crime auxiliary fund.
124-25 (c) The collection fee under Subsection (b) of this section
124-26 and the accrued interest under Subsections (a) and (b) of this
124-27 section shall be deposited in the special fund of the county
125-1 treasury provided by Section 10, Article 42.13, of this code to be
125-2 used for the same purposes for which state aid may be used under
125-3 that section. The department has a maximum of 121 days after the
125-4 five-year <four-year> expiration date to transfer the funds to the
125-5 comptroller's office. Failure to comply with the 121-day deadline
125-6 will result in a five percent collection fee penalty calculated
125-7 from the total deposit and all interest attributable to the
125-8 unclaimed funds.
125-9 (d) If the victim of the offense claims the payment during
125-10 the five-year <four-year> period in which the payment is held in
125-11 the interest-bearing account, the department shall pay the victim
125-12 the amount of the original payment, less any interest earned while
125-13 holding the payment. After the payment has been transferred to the
125-14 comptroller, the department has no liability in regard to the
125-15 payment, and any claim for the payment must be made to the
125-16 comptroller. If the victim makes a claim to the comptroller, the
125-17 comptroller shall pay the victim the amount of the original
125-18 payment, less the collection fee, from the compensation to victims
125-19 of crime auxiliary fund.
125-20 SECTION 3.015. Article 43.10, Code of Criminal Procedure, as
125-21 amended by Section 3, Chapter 578, and Section 5.04, Chapter 900,
125-22 Acts of the 73rd Legislature, Regular Session, 1993, is amended and
125-23 reenacted to read as follows:
125-24 Art. 43.10. Manual labor. <(a)> Where the punishment
125-25 assessed in a conviction for misdemeanor is confinement in jail for
125-26 more than one day, or where in such conviction the punishment is
125-27 assessed only at a pecuniary fine and the party so convicted is
126-1 unable to pay the fine and costs adjudged against him, <or where
126-2 the party convicted is required to serve a period of confinement as
126-3 a condition of community supervision,> or where the party is
126-4 sentenced to jail for a felony or is confined in jail after
126-5 conviction of a felony, the party convicted <or required to serve
126-6 the period of confinement> shall be required to work in the county
126-7 jail industries program or shall be required to do manual labor in
126-8 accordance with the provisions of this article under the following
126-9 rules and regulations:
126-10 1. Each commissioners court may provide for the
126-11 erection of a workhouse and the establishment of a county farm in
126-12 connection therewith for the purpose of utilizing the labor of said
126-13 parties so convicted <or required to serve a period of
126-14 confinement>;
126-15 2. Such farms and workhouses shall be under the
126-16 control and management of the sheriff, and the sheriff may adopt
126-17 such rules and regulations not inconsistent with the rules and
126-18 regulations of the Commission on Jail Standards and with the laws
126-19 as the sheriff deems necessary;
126-20 3. Such overseers and guards may be employed by the
126-21 sheriff under the authority of the commissioners court as may be
126-22 necessary to prevent escapes and to enforce such labor, and they
126-23 shall be paid out of the county treasury such compensation as the
126-24 commissioners court may prescribe;
126-25 4. They shall be put to labor upon public works and
126-26 maintenance projects, including public works and maintenance
126-27 projects for a political subdivision located in whole or in part in
127-1 the county;
127-2 5. One who from age, disease, or other physical or
127-3 mental disability is unable to do manual labor shall not be
127-4 required to work. His inability to do manual labor may be
127-5 determined by a physician appointed for that purpose by the county
127-6 judge or the commissioners court, who shall be paid for such
127-7 service such compensation as said court may allow; and
127-8 6. For each day of manual labor, in addition to any
127-9 other credits allowed by law, a defendant is entitled to have one
127-10 day deducted from each sentence <or period of confinement> he is
127-11 serving. The deduction authorized by this article, when combined
127-12 with the deduction required by Article 42.10 of this code, may not
127-13 exceed two-thirds (2/3) of the sentence <or period of confinement>.
127-14 <(b) A sheriff, employee of a sheriff's department, county
127-15 commissioner, county employee, county judge, and employee of a
127-16 community corrections and supervision department, restitution
127-17 center, or officer or employee of a political subdivision other
127-18 than a county is not liable for damages arising from an act or
127-19 failure to act in connection with manual labor performed by an
127-20 inmate pursuant to this article if the act or failure to act:>
127-21 <(1) was performed pursuant to court-ordered
127-22 confinement; and>
127-23 <(2) was not intentional, wilfully or wantonly
127-24 negligent, or performed with conscious indifference or reckless
127-25 disregard for the safety of others.>
127-26 SECTION 3.0151. Article 42.131, Code of Criminal Procedure,
127-27 is amended by adding Section 14 to read as follows:
128-1 Sec. 14. TREATMENT ALTERNATIVE TO INCARCERATION PROGRAM.
128-2 (a) A department may establish a treatment alternative to
128-3 incarceration program in each county served by the department
128-4 according to standards adopted by the division. A department may
128-5 enter into an interlocal cooperation agreement with one or more
128-6 other departments in order to establish this program on a regional
128-7 basis.
128-8 (b) The program must:
128-9 (1) include automatic screening and assessment of a
128-10 person arrested for an offense, other than a Class C misdemeanor,
128-11 in which an element of the offense is the use or possession of
128-12 alcohol or the use, possession, or sale of a controlled substance
128-13 or marijuana;
128-14 (2) include automatic screening and assessment of a
128-15 person arrested for an offense, other than a Class C misdemeanor,
128-16 in which the use of alcohol or drugs is suspected to have
128-17 significantly contributed to the offense for which the individual
128-18 has been arrested;
128-19 (3) coordinate the screening, assessment, and referral
128-20 to treatment services; and
128-21 (4) make referrals for the appropriate treatment of a
128-22 person determined to be in need of treatment.
128-23 (c) A program administered under this section must use a
128-24 screening and assessment procedure developed or approved by the
128-25 division.
128-26 (d) After a person is screened and assessed, a
128-27 representative of the department shall meet with the participating
129-1 criminal justice and treatment agencies to review the person's
129-2 case and to determine if the person should be referred for
129-3 treatment. If a person is considered appropriate for referral, the
129-4 person may be referred to community-based treatment in accordance
129-5 with applicable law or any other treatment program deemed
129-6 appropriate. A magistrate may order a person to participate in a
129-7 treatment program recommended under this section as a condition of
129-8 bond or condition of pretrial release.
129-9 (e) A department may contract for the provision of treatment
129-10 services. The department may pay for services only if other
129-11 adequate public or private sources of payment are not available. A
129-12 person shall be responsible for the payment of any treatment
129-13 programs recommended under this section if it is determined that a
129-14 person referred for treatment is able to pay for the costs of
129-15 treatment or if the person has insurance that will pay for the
129-16 treatment. If a person is able to pay for treatment or if the
129-17 person has insurance that will pay for the treatment, the payment
129-18 may be made a condition for receiving treatment.
129-19 (f) An employee of a department or treatment provider either
129-20 administering this program or providing services under this section
129-21 may exchange or otherwise disclose information regarding the
129-22 assessment, evaluation or treatment of a person participating in
129-23 this program to:
129-24 (1) another employee of the department;
129-25 (2) an officer in the court that has jurisdiction over
129-26 the person's case;
129-27 (3) a county sheriff or jail administrator;
130-1 (4) an employee of the Texas Department of Criminal
130-2 Justice; or
130-3 (5) any employee in a facility, institution, or
130-4 half-way house in which a person may be confined in accordance with
130-5 a disposition of the criminal charges in the case.
130-6 SECTION 3.016. Section 217.001, Labor Code, is amended by
130-7 adding Subdivision (4) to read as follows:
130-8 (4) "State jail division" means the state jail
130-9 division of the department.
130-10 SECTION 3.017. Section 217.002, Labor Code, is amended to
130-11 read as follows:
130-12 Sec. 217.002. Project Rio. The project for reintegration of
130-13 offenders is a statewide employment referral program designed to
130-14 reintegrate into the labor force persons sentenced to a state jail
130-15 felony facility or <formerly confined in> the institutional
130-16 division.
130-17 SECTION 3.018. Section 217.005(a), Labor Code, is amended to
130-18 read as follows:
130-19 (a) The memorandum of understanding must establish the role
130-20 of:
130-21 (1) the institutional division and the state jail
130-22 division in ascertaining and encouraging an inmate's chances for
130-23 employment by:
130-24 (A) providing vocational and educational
130-25 assessment for the person while incarcerated <in the division>;
130-26 (B) developing a skills enhancement program for
130-27 the person while incarcerated, in cooperation with other
131-1 governmental, educational, and private entities, using available
131-2 public or private financial resources authorized by statute; and
131-3 (C) referring the person on release to the
131-4 project through the person's parole officer or supervision officer;
131-5 (2) the community justice assistance division and the
131-6 pardons and paroles division of the department in:
131-7 (A) encouraging and referring persons to the
131-8 project; and
131-9 (B) ensuring that those persons participate in
131-10 the project and avail themselves of its services; and
131-11 (3) the commission in developing and maintaining a
131-12 statewide network for finding positions of employment that require
131-13 the skills possessed by project participants and in helping those
131-14 participants to secure employment.
131-15 SECTION 3.019. Section 414.010, Government Code, is amended
131-16 to read as follows:
131-17 Sec. 414.010. PAYMENT FROM DEFENDANT ON COMMUNITY
131-18 SUPERVISION. A local crime stoppers program that receives a
131-19 payment from a defendant <probationer> under Section 11(a) <6(h)>,
131-20 Article 42.12, Code of Criminal Procedure, may not use the payment
131-21 for any purpose other than the payment of a reward to a person who
131-22 reports information concerning criminal activity. Not later than
131-23 January 15 of each year, a local crime stoppers program that
131-24 receives or expends money under this section shall file a detailed
131-25 report with the Texas Department of Criminal Justice <Adult
131-26 Probation Commission> that accounts for all money received and
131-27 expended under this section during the preceding year.
132-1 SECTION 3.020. (a) Section 13(e), Article 42.12, Code of
132-2 Criminal Procedure, is repealed.
132-3 (b) Section 2.09(c), Article 42.121, Code of Criminal
132-4 Procedure, is repealed.
132-5 (c) Section 3.111, Article 42.121, Code of Criminal
132-6 Procedure, is repealed.
132-7 (d) Section 461.017, Health and Safety Code, is repealed.
132-8 SECTION 3.021. This article takes effect September 1, 1995.
132-9 ARTICLE 4
132-10 SECTION 4.001. The importance of this legislation and the
132-11 crowded condition of the calendars in both houses create an
132-12 emergency and an imperative public necessity that the
132-13 constitutional rule requiring bills to be read on three several
132-14 days in each house be suspended, and this rule is hereby suspended,
132-15 and that this Act take effect and be in force according to its
132-16 terms, and it is so enacted.