74R9978 E
By Hightower H.B. No. 2162
Substitute the following for H.B. No. 2162:
By Telford C.S.H.B. No. 2162
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the efficient administration of the criminal justice
1-3 system.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1
1-6 SECTION 1.001. Section 491.001, Government Code, is amended
1-7 to read as follows:
1-8 Sec. 491.001. Definitions. (a) In this subtitle, except
1-9 for Chapter 511:
1-10 (1) "Board" means the Texas Board of Criminal Justice.
1-11 (2) "Community justice assistance division" means the
1-12 community justice assistance division of the department.
1-13 (3) "Department" means the Texas Department of
1-14 Criminal Justice.
1-15 (4) "Executive director" means the executive director
1-16 of the department.
1-17 (5) "Institutional division" means the institutional
1-18 division of the department.
1-19 (6) "Parole <Pardons and paroles> division" means the
1-20 parole <pardons and paroles> division of the department.
1-21 (7) "State jail division" means the state jail
1-22 division of the department.
1-23 (b) A reference in other law to:
1-24 (1) "Board of Pardons and Paroles" means:
2-1 (A) the Board of Pardons and Paroles in any
2-2 statute relating to a subject under the board's jurisdiction as
2-3 provided by Article 42.18, Code of Criminal Procedure; or
2-4 (B) the parole <pardons and paroles> division in
2-5 any statute relating to a subject under the division's jurisdiction
2-6 as provided by Article 42.18, Code of Criminal Procedure.
2-7 (2) "Probation department" or "adult probation
2-8 department" means a community supervision and corrections
2-9 department established under Article 42.131, Code of Criminal
2-10 Procedure.
2-11 (3) "Texas Adult Probation Commission" means the
2-12 community justice assistance division.
2-13 (4) "Texas Board of Corrections" means the board.
2-14 (5) "Texas Department of Corrections" means the
2-15 institutional division.
2-16 SECTION 1.002. Section 492.002(a), Government Code, is
2-17 amended to read as follows:
2-18 (a) The board is composed of nine members appointed by the
2-19 governor with the advice and consent of the senate. <The governor
2-20 may not appoint more than two members who reside in an area
2-21 encompassed by the same administrative judicial region, as
2-22 determined by Section 74.042.>
2-23 SECTION 1.003. Section 492.012, Government Code, is amended
2-24 to read as follows:
2-25 Sec. 492.012. Sunset Provision. The Texas Board of Criminal
2-26 Justice and the Texas Department of Criminal Justice are subject to
2-27 Chapter 325 (Texas Sunset Act). Unless continued in existence as
3-1 provided by that chapter, the board and the department are
3-2 abolished September 1, 1999 <1997>.
3-3 SECTION 1.004. Section 493.001, Government Code, is amended
3-4 to read as follows:
3-5 Sec. 493.001. DEPARTMENT MISSION <RESPONSIBILITIES>. The
3-6 mission of the department is to provide public safety, promote
3-7 positive change in offender behavior, and reintegrate offenders
3-8 into society <the state agency with primary responsibility for:>
3-9 <(1) the confinement, supervision, and rehabilitation
3-10 of felons;>
3-11 <(2) the development of a system of state and local
3-12 punishment, supervision, and rehabilitation programs and
3-13 facilities; and>
3-14 <(3) the reintegration of felons into society after
3-15 release from confinement>.
3-16 SECTION 1.005. Section 493.002(a), Government Code, is
3-17 amended to read as follows:
3-18 (a) The following divisions are within the department:
3-19 (1) the community justice assistance division;
3-20 (2) the institutional division;
3-21 (3) the parole <pardons and paroles> division; and
3-22 (4) the state jail division.
3-23 SECTION 1.006. (a) Section 493.003(b), Government Code, is
3-24 amended to read as follows:
3-25 (b) The chief justice of the Supreme Court of Texas and the
3-26 presiding judge of the Texas Court of Criminal Appeals shall each
3-27 appoint six members to serve as the judicial advisory council to
4-1 the community justice assistance division and the board. The
4-2 advisory council members serve staggered six-year terms, with the
4-3 terms of four of the members expiring September <February> 1 of
4-4 each odd-numbered year. In the event of a vacancy during a term,
4-5 the appointing authority for the member who vacated the office
4-6 shall appoint a replacement to fill the unexpired portion of the
4-7 term. The advisory council shall advise the director of the
4-8 community justice assistance division and the board on matters of
4-9 interest to the judiciary, and the director and the board shall
4-10 carefully consider the advice. Members of the advisory council are
4-11 not entitled to compensation but are entitled to reimbursement for
4-12 actual and necessary expenses in the conduct of their duties, as
4-13 provided by the General Appropriations Act.
4-14 (b) Notwithstanding Section 2.03(b), Chapter 988, Acts of
4-15 the 73rd Legislature, Regular Session, 1993, the terms of the
4-16 initial appointees to the judicial advisory council to the
4-17 community justice assistance division of the Texas Department of
4-18 Criminal Justice and the Texas Board of Criminal Justice expire
4-19 September 1, 1995, September 1, 1997, and September 1, 1999,
4-20 respectively. On expiration of those terms, the term of a member
4-21 is six years, as provided by Section 493.003, Government Code.
4-22 SECTION 1.007. Section 493.005, Government Code, is amended
4-23 to read as follows:
4-24 Sec. 493.005. PAROLE <Pardons and Paroles> Division. The
4-25 parole <pardons and paroles> division shall supervise and
4-26 reintegrate felons into society after release from confinement.
4-27 SECTION 1.008. Chapter 493, Government Code, is amended by
5-1 adding Section 493.0081 to read as follows:
5-2 Sec. 493.0081. OFFICE OF INTERNAL AUDITS. (a) The board
5-3 shall create within the department an office of internal audits.
5-4 The board shall employ a chief of the office of internal audits
5-5 based on recommendations from the executive director regarding
5-6 qualified candidates for the position. The employment of the chief
5-7 of the office of internal audits may be terminated only with the
5-8 approval of the board.
5-9 (b) The office of internal audits shall:
5-10 (1) conduct recurring financial and management audits;
5-11 (2) conduct internal audits to evaluate department
5-12 programs and the economy and efficiency of those programs; and
5-13 (3) recommend improvements in management and programs
5-14 on the basis of evaluations made under this subsection.
5-15 (c) The chief of the office of internal audits shall send
5-16 reports, audits, evaluations, and recommendations to the executive
5-17 director. The chief shall report directly to the board at least
5-18 once a year on:
5-19 (1) the activities of the office; and
5-20 (2) the response of the department to recommendations
5-21 made by the office.
5-22 (d) The chief shall report directly to the board on other
5-23 matters at the times required by board policy.
5-24 SECTION 1.009. Section 493.009(f), Government Code, is
5-25 amended to read as follows:
5-26 (f)(1) The department shall adopt rules of conduct for
5-27 persons required to participate in the program under Section 14,
6-1 Article 42.12, Code of Criminal Procedure, or required to
6-2 participate in the program following modification of community
6-3 supervision <probation> or parole.
6-4 (2) If the qualified professional with primary
6-5 responsibility for treating a defendant and the individual in
6-6 charge of security in the facility in which the defendant is housed
6-7 jointly determine that the defendant is not complying with the
6-8 rules or is medically or psychologically unsuitable for the
6-9 program, they shall notify the department of that fact.
6-10 (3) The department, immediately on receiving notice,
6-11 shall request the sentencing court to reassume custody of the
6-12 defendant if the defendant was required to participate in the
6-13 program under Section 14, Article 42.12, Code of Criminal
6-14 Procedure, or required to participate in the program following
6-15 modification of community supervision <probation>. The court shall
6-16 reassume custody before the 12th day after the date on which the
6-17 department notifies the court. If the court revokes the
6-18 defendant's community supervision <probation>, the admission of the
6-19 defendant to the institutional division is an admission for which
6-20 the department must account in the scheduled admissions policy <the
6-21 county from which the defendant was sentenced is charged under the
6-22 allocation formula> established under Section 499.071.
6-23 (4) The department, immediately on receiving notice,
6-24 shall request the parole <pardons and paroles> division to reassume
6-25 custody of the defendant if the defendant was required to
6-26 participate in the program following modification of parole. The
6-27 parole <pardons and paroles> division shall immediately take action
7-1 in accordance with established policies and procedures of the Board
7-2 of Pardons and Paroles to remove the defendant from the program.
7-3 If a parole panel revokes the defendant's parole, the admission of
7-4 the defendant to the institutional division is an admission for
7-5 which the department must account in the scheduled admissions
7-6 policy <the county from which the defendant was sentenced is
7-7 charged under the allocation formula> established under Section
7-8 499.071.
7-9 (5) If the defendant was transferred to the facility
7-10 from a county jail under Subsection (l), the department shall
7-11 return the defendant to the county jail.
7-12 (6) A court's recommendation that a defendant be
7-13 placed in a program created under this section does not give the
7-14 court the power to hold the department or any officer or employee
7-15 of the department in contempt of court for failure to adhere to
7-16 that recommendation.
7-17 SECTION 1.010. Sections 493.009(g) and (h), Government
7-18 Code, are amended to read as follows:
7-19 (g) The department shall provide sufficient <12,000> beds
7-20 for the purpose of operating the program for persons required to
7-21 participate in the program under Section 14, Article 42.12, Code of
7-22 Criminal Procedure, as amended by Chapter 900, Acts of the 73rd
7-23 Legislature, Regular Session, 1993, except that the beds may also
7-24 be used to house the following categories of persons:
7-25 (1) persons transferred under Subchapter A, Chapter
7-26 499, Government Code, and Section 8(i), Article 42.18, Code of
7-27 Criminal Procedure;
8-1 (2) persons whose probation or parole has been
8-2 modified; <and>
8-3 (3) defendants confined in county jails awaiting
8-4 transfer to the institutional division; and
8-5 (4) inmates participating in the program described by
8-6 Section 501.0931.
8-7 (h) On and after the date persons are required under Section
8-8 14, Article 42.12, Code of Criminal Procedure, to participate in
8-9 the program established under this section, the department shall
8-10 give priority to housing those persons over the categories of
8-11 persons described by Subsections (g)(1)-(4)<(3)>.
8-12 SECTION 1.011. Sections 493.009(m) and (n), Government Code,
8-13 are amended to read as follows:
8-14 (m) Notwithstanding any other provision of this section, the
8-15 department is authorized to provide substance abuse felony
8-16 punishment facilities, not to exceed 500 beds, for newly provided
8-17 alcohol and drug abuse beds exclusively for persons whose community
8-18 supervision <probation> or parole has been modified.
8-19 (n) Except as otherwise provided by this subsection, the
8-20 <The> department shall separate participants in the program created
8-21 under this section from inmates of the institutional division,
8-22 except at times determined necessary by the department for the
8-23 purpose of transportation or staging or for medical or security
8-24 reasons. The department may commingle participants in the program
8-25 created under this section with inmates in the program described by
8-26 Section 501.0931.
8-27 SECTION 1.012. Section 493.011, Government Code, is amended
9-1 to read as follows:
9-2 Sec. 493.011. Consultant Contracts for Prison Construction.
9-3 The board may not contract for construction-related consulting
9-4 services to the board with an individual or firm if that individual
9-5 or firm is also under contract with the department <institutional
9-6 division> to provide construction management services for prison
9-7 unit construction.
9-8 SECTION 1.013. Chapter 493, Government Code, is amended by
9-9 adding Section 493.015 to read as follows:
9-10 Sec. 493.015. CERTIFIED PEACE OFFICERS. The executive
9-11 director may appoint employees who are certified by the Commission
9-12 on Law Enforcement Officer Standards and Education as qualified to
9-13 be peace officers to serve under the direction of the executive
9-14 director and assist the executive director in performing the
9-15 enforcement duties of the department. An employee commissioned
9-16 under this section has all the powers, privileges, and immunities
9-17 of a peace officer in the performance of the employee's duties.
9-18 SECTION 1.014. Chapter 493, Government Code, is amended by
9-19 adding Section 493.016 to read as follows:
9-20 Sec. 493.016. INFORMATION OF PUBLIC INTEREST; COMPLAINTS.
9-21 (a) The department shall prepare information of public interest
9-22 describing the functions of the department and the procedures by
9-23 which complaints are filed with and resolved by the department.
9-24 The department shall make the information available to the general
9-25 public and appropriate state agencies.
9-26 (b) The department shall establish methods by which
9-27 interested persons are notified of the name, mailing address, and
10-1 telephone number of the department for the purpose of directing
10-2 complaints to the department.
10-3 (c) The department shall keep an information file about each
10-4 complaint filed with the department by a member of the general
10-5 public that relates to the operations of the department.
10-6 (d) If a written complaint is filed with the department by a
10-7 member of the general public that relates to the operations of the
10-8 department, the department, at least as frequently as quarterly and
10-9 until final disposition of the complaint, shall notify the
10-10 complainant of the status of the complaint unless the notice would
10-11 jeopardize an undercover investigation.
10-12 SECTION 1.015. Chapter 493, Government Code, is amended by
10-13 adding Section 493.017 to read as follows:
10-14 Sec. 493.017. SEAL OF DEPARTMENT. (a) The department shall
10-15 use an official seal to certify documents received by the
10-16 department under Sections 8(a) and (c), Article 42.09, Code of
10-17 Criminal Procedure.
10-18 (b) The official seal must contain an engraved, five-pointed
10-19 star in the center with the words "Texas Department of Criminal
10-20 Justice" around the margin.
10-21 SECTION 1.016. Section 494.001, Government Code, is amended
10-22 to read as follows:
10-23 Sec. 494.001. INSTITUTIONAL DIVISION MISSION. The mission
10-24 of the institutional division is to provide safe and appropriate
10-25 confinement, supervision, rehabilitation, and reintegration of
10-26 adult felons, and to effectively manage or administer correctional
10-27 facilities based on constitutional and statutory
11-1 standards <STATEMENT OF POLICY. It is the policy of this state to
11-2 manage the institutional division:>
11-3 <(1) in a manner consistent with the operation of a
11-4 modern prison system;>
11-5 <(2) in a manner that provides persons convicted of
11-6 violating the law and sentenced to the division with humane
11-7 treatment and with the opportunity, encouragement, and training
11-8 necessary for reformation; and>
11-9 <(3) with the intention of making the division
11-10 self-sustaining>.
11-11 SECTION 1.017. Section 494.002(a), Government Code, is
11-12 amended to read as follows:
11-13 (a) The director of the institutional division may adopt
11-14 policies <rules> governing the humane treatment, training,
11-15 education, rehabilitation, and discipline of inmates and may
11-16 arrange for the separation and classification of inmates according
11-17 to the inmates' sex, age, health, corrigibility, and type of
11-18 offense for which the inmate was sentenced to the institutional
11-19 division.
11-20 SECTION 1.018. Sections 494.003(a) and (b), Government Code,
11-21 are amended to read as follows:
11-22 (a) The department <director of the institutional division>
11-23 shall keep a correct and accurate account of each financial
11-24 transaction involving the institutional division, including the
11-25 receipt and disbursement of money by the division. The department
11-26 <director> shall keep an account of each institutional division
11-27 unit, industry, and farm, and for each person doing business with
12-1 the division.
12-2 (b) The director of the institutional division or a designee
12-3 of the director shall provide a receipt for all money received by
12-4 the institutional division.
12-5 SECTION 1.019. Section 494.012(a), Government Code, is
12-6 amended to read as follows:
12-7 (a) The <director of the> institutional division shall
12-8 evaluate the efficiency of the maintenance staff of each unit of
12-9 the division.
12-10 SECTION 1.020. Subchapter A, Chapter 495, Government Code,
12-11 is amended by adding Section 495.008 to read as follows:
12-12 Sec. 495.008. CONTRACT REVIEW. (a) To ensure that
12-13 contracts entered into by the department with private vendors for
12-14 the operation and management of correctional facilities are
12-15 cost-effective, the department shall review each contract that
12-16 expires during calendar year 1995 or any subsequent calendar year.
12-17 The department shall provide a copy of the review to the
12-18 Legislative Criminal Justice Board.
12-19 (b) The department shall complete the review required by
12-20 Subsection (a) and provide a copy of the review to the Legislative
12-21 Criminal Justice Board not later than August 30, 1995.
12-22 (c) This section expires January 1, 1997.
12-23 SECTION 1.021. Section 496.001, Government Code, is amended
12-24 to read as follows:
12-25 Sec. 496.001. Acquisition of Real Property. The board may
12-26 acquire real property through purchase, subject to specific
12-27 appropriative authority in the General Appropriations Act, or
13-1 through the acceptance of a gift, grant, or donation for a facility
13-2 <prison site>.
13-3 SECTION 1.022. Section 496.002(a), Government Code, is
13-4 amended to read as follows:
13-5 (a) The board has eminent domain authority to condemn and
13-6 acquire land if necessary to eliminate security hazards, protect
13-7 the life and property of citizens of this state, or improve the
13-8 efficiency, management, or operations of the department
13-9 <institutional division>.
13-10 SECTION 1.023. Subchapter A, Chapter 496, Government Code,
13-11 is amended by adding Section 496.0021 to read as follows:
13-12 Sec. 496.0021. SALE OF DEPARTMENT REAL PROPERTY. (a) The
13-13 board may sell state-owned real property under the board's
13-14 management and control at the real property's fair market value.
13-15 The General Land Office shall negotiate and close a transaction
13-16 under this section on behalf of the board using procedures under
13-17 Section 31.158(c), Natural Resources Code. Proceeds from the
13-18 transaction shall be deposited in the Texas capital trust fund.
13-19 (b) The board may authorize the sale of land directly to a
13-20 local government at fair market value without the requirement of a
13-21 sealed bid sale if the local government acquires the property for
13-22 use as a local correctional facility.
13-23 SECTION 1.024. Section 496.003, Government Code, is amended
13-24 to read as follows:
13-25 Sec. 496.003. LEASE OF <INSTITUTIONAL DIVISION> REAL
13-26 PROPERTY. (a) The board may lease state-owned real property under
13-27 the board's management and control at the real property's fair
14-1 market lease value. The initial period of a lease under this
14-2 section may not exceed 20 years. The lease may contain terms and
14-3 conditions determined by the board to be in the best interest of
14-4 the department <institutional division>. Neither a member of the
14-5 board nor a person related to a member within the second degree by
14-6 affinity or within the third degree by consanguinity, as determined
14-7 under Subchapter B, Chapter 573 <Article 5996h, Revised Statutes>,
14-8 may own an interest in an entity leasing real property under this
14-9 section.
14-10 (b) The department <institutional division> shall deposit in
14-11 the general revenue <special mineral> fund to the credit of a
14-12 special account <created by Section 34.017, Natural Resources
14-13 Code,> the proceeds of a lease entered into under this section,
14-14 after deducting expenses. The proceeds may be used only for the
14-15 payment of operating expenses of the department <are for the
14-16 exclusive use of the institutional division, as specified by
14-17 legislative appropriation>. Sections 403.094 and 403.095 do not
14-18 apply to the dedication of lease proceeds under this subsection.
14-19 (c) The department <board> shall notify taxing units
14-20 authorized to impose property taxes on land leased under this
14-21 section that the land has been leased. The department <board>
14-22 shall send a copy of the lease by first class mail, return receipt
14-23 requested, to each taxing unit in which the land is located. The
14-24 lessee is liable for property taxes imposed on land leased under
14-25 this section.
14-26 SECTION 1.025. Subchapter A, Chapter 496, Government Code,
14-27 is amended by adding Section 496.0031 to read as follows:
15-1 Sec. 496.0031. TRANSFER OF FACILITIES. (a) The department
15-2 may transfer a correctional facility to another agency of the
15-3 state, and the agency receiving the facility subsequently may
15-4 transfer the facility back to the department.
15-5 (b) A transfer under this section requires the agreement of
15-6 the board and the governing body of the agency receiving the
15-7 correctional facility or returning the correctional facility to the
15-8 department, both as to the identity of the facility to be
15-9 transferred and to the method of transfer.
15-10 (c) In this section, "transfer" means to convey title to,
15-11 lease, or otherwise convey the beneficial use of a correctional
15-12 facility and land appurtenant to the facility.
15-13 SECTION 1.026. Section 496.004, Government Code, is amended
15-14 to read as follows:
15-15 Sec. 496.004. Easements. (a) The board<, with the consent
15-16 of the attorney general and governor,> may grant or lease permanent
15-17 or temporary right-of-way easements on department land for:
15-18 (1) public highways, roads and streets, and ditches;
15-19 (2) electric lines and pipelines, including necessary
15-20 wires, pipes, poles, and other equipment used to transmit, convey,
15-21 or distribute water, electricity, gas, oil, or similar substances
15-22 or commodities;
15-23 (3) electrical substations; <or>
15-24 (4) the provision of utilities for the operation of
15-25 facilities of the department and roadways for access to facilities
15-26 of the department; or
15-27 (5) environmental conservation easements.
16-1 (b) The board may not grant or lease an easement unless the
16-2 board receives fair and adequate consideration. However, the board
16-3 may without consideration grant a state highway easement to the
16-4 State Department of Highways and Public Transportation, a roadway
16-5 easement to a county for connecting roads between state highways,
16-6 easements to utility providers for utilities to serve facilities of
16-7 the department, and roadway easements to a city or a county to
16-8 provide roadways for facilities of the department.
16-9 (c) A grant or lease must contain a full reservation of
16-10 minerals in and under the land. The board<, with the consent of the
16-11 attorney general and governor,> may impose other fair and
16-12 reasonable conditions, covenants, and provisions.
16-13 (d) The department <board> shall deposit money received from
16-14 a grant or lease of easements and money received from damages to
16-15 department land in the general revenue fund to the credit of a
16-16 special account <special mineral fund created by Section 34.017,
16-17 Natural Resources Code>. Money received under this section may be
16-18 used only for the payment of operating expenses of the department.
16-19 Sections 403.094 and 403.095 do not apply to the dedication of
16-20 money under this section.
16-21 SECTION 1.027. Section 496.005, Government Code, is amended
16-22 to read as follows:
16-23 Sec. 496.005. Tax Exemption. (a) Property associated with
16-24 a facility described by Subsection (b) is exempt from taxation
16-25 during the time the property is used exclusively for the purposes
16-26 of the department <institutional division>.
16-27 (b) This section applies to:
17-1 (1) land in Anderson County owned by the state for the
17-2 use and benefit of the institutional division that is subject to a
17-3 lease granted by the board and a sublease entered into by the
17-4 division and the <State Purchasing and> General Services
17-5 Commission, on which is located the correctional facility known as
17-6 the Mark W. Michael Unit of the Coffield Prison Farm; and
17-7 (2) a parcel of land in Anderson, Brazoria, Coryell,
17-8 Houston, Madison, or Walker County owned by the state for the use
17-9 and benefit of the institutional division that is subject to a
17-10 lease granted by the board and a sublease entered into by the
17-11 division and the <State Purchasing and> General Services
17-12 Commission, on which is located a trusty camp facility.
17-13 SECTION 1.028. Section 496.006, Government Code, is amended
17-14 to read as follows:
17-15 Sec. 496.006. Road Maintenance. (a) The department <board>
17-16 and the Texas Department of <State Highway and Public>
17-17 Transportation <Commission> may enter into and perform an agreement
17-18 or contract for the maintenance of a road in or adjacent to a
17-19 facility <unit> of the department <institutional division>.
17-20 (b) An agreement or contract entered into under this section
17-21 and payments made under the agreement or contract must conform with
17-22 the provisions of Chapter 771 <The Interagency Cooperation Act
17-23 (Article 4413(32), Vernon's Texas Civil Statutes)>.
17-24 SECTION 1.029. Section 496.007, Government Code, is amended
17-25 to read as follows:
17-26 Sec. 496.007. LOCATION OF NEW FACILITIES <UNITS>. <(a)> In
17-27 determining the location of a facility <unit> to be built, the
18-1 department <institutional division>, in evaluating the advantages
18-2 and disadvantages of the proposed location, shall consider whether
18-3 the proposed location is:
18-4 (1) close enough to a county with 100,000 or more
18-5 inhabitants to provide <enable the division and inmates to have>
18-6 access to services and other resources provided in such a county;
18-7 (2) cost-effective with respect to its proximity to
18-8 other facilities of <units in> the department <division>;
18-9 (3) close to an area that would facilitate release of
18-10 inmates or persons confined in state jail felony facilities to
18-11 their area of residence; and
18-12 (4) close to an area that provides adequate
18-13 educational opportunities and medical care.
18-14 <(b) The Criminal Justice Coordinating Council at least once
18-15 a year shall provide the institutional division with a list,
18-16 according to the best information available to the council, of
18-17 counties in this state with 100,000 or more inhabitants.>
18-18 SECTION 1.030. Sections 496.051(a) and (b), Government Code,
18-19 are amended to read as follows:
18-20 (a) The department <institutional division> shall comply
18-21 with any special purchasing procedures requiring competitive review
18-22 under the State Purchasing and General Services Act (Article 601b,
18-23 Vernon's Texas Civil Statutes).
18-24 (b) The board may authorize the executive director to adopt
18-25 policies <rules> allowing the institutional division to purchase
18-26 directly or at public auction livestock, agricultural commodities,
18-27 agricultural or industrial equipment, supplies, and raw materials
19-1 for agricultural or industrial production, breeding, consumption,
19-2 or resale, if the division determines that the purchase is
19-3 economically feasible and advantageous to the division. The State
19-4 Purchasing and General Services Act (Article 601b, Vernon's Texas
19-5 Civil Statutes) does not apply to purchases made under this
19-6 subsection. The institutional division shall notify the <State
19-7 Purchasing and> General Services Commission as soon as practicable
19-8 of a purchase made under this subsection and the purchase price.
19-9 SECTION 1.031. Section 496.0515, Government Code, is amended
19-10 to read as follows:
19-11 Sec. 496.0515. Hazardous Waste Management Contracts.
19-12 (a) The competitive bidding contract procedures established by
19-13 Article 3, State Purchasing and General Services Act (Article 601b,
19-14 Vernon's Texas Civil Statutes), do not apply to a contract awarded
19-15 by the department <institutional division> for:
19-16 (1) testing a solid waste or other substance to
19-17 determine whether the waste or other substance is a hazardous
19-18 waste; or
19-19 (2) the transport, storage, treatment, or disposal of
19-20 a hazardous waste.
19-21 (b) The department <institutional division> shall promulgate
19-22 procedures for the purpose of purchasing under Subsection (a). The
19-23 department <division> shall file copies of the procedures
19-24 promulgated under this subsection with the <State Purchasing and>
19-25 General Services Commission.
19-26 SECTION 1.032. Section 496.052(a), Government Code, is
19-27 amended to read as follows:
20-1 (a) The board may purchase insurance to protect the
20-2 department <institutional division> from loss due to the damage,
20-3 loss, theft, or destruction of department <division> aircraft.
20-4 SECTION 1.033. Section 496.101(a), Government Code, is
20-5 amended to read as follows:
20-6 (a) As funds are appropriated for that purpose, the
20-7 department shall establish for each facility <unit> of the
20-8 department <institutional division> an automated inventory and
20-9 maintenance system that interacts with the centralized computer
20-10 system of the department.
20-11 SECTION 1.034. Section 497.034(c), Government Code, is
20-12 amended to read as follows:
20-13 (c) The institutional division may use surplus agricultural
20-14 lands to provide agricultural products to a nonprofit organization
20-15 at no profit to the division <Article 9, State Purchasing and
20-16 General Services Act (Article 601b, Vernon's Texas Civil Statutes),
20-17 applies to property described by Subsection (a)>.
20-18 SECTION 1.035. Section 497.035(a), Government Code, is
20-19 amended to read as follows:
20-20 (a) A person commits an offense if the person intentionally
20-21 sells or offers to sell on the open market in this state an article
20-22 or product the person knows was manufactured in whole or in part by
20-23 an inmate of the institutional division or an inmate in a
20-24 correctional facility in any other state, other than an inmate:
20-25 (1) who was on community supervision, <probation or>
20-26 parole, or mandatory supervision;
20-27 (2) <or> employed by an enterprise who has employed
21-1 the inmate to advantage themselves of the Franchise Tax Credit
21-2 offered under Subchapter L, Chapter 171, Tax Code, at the time of
21-3 manufacture; or
21-4 (3) participating in a federally certified prison
21-5 industry enhancement program.
21-6 SECTION 1.036. Section 497.052, Government Code, is amended
21-7 to read as follows:
21-8 Sec. 497.052. Work Program Privileges. The parole <pardons
21-9 and paroles> division may grant work program privileges under the
21-10 work program plan established under this subchapter to any inmate
21-11 in the department, subject to rules adopted and conditions imposed
21-12 under this subchapter. The plan must include programs and
21-13 procedures that allow an eligible person to contribute to
21-14 court-ordered restitution, payment of court costs, support for the
21-15 person's family and dependents, savings for the person's release,
21-16 and expenses of the person's room, board, and maintenance.
21-17 SECTION 1.037. Section 497.053, Government Code, is amended
21-18 to read as follows:
21-19 Sec. 497.053. Establishment of Work Program Plan. The
21-20 parole <pardons and paroles> division shall establish a work
21-21 program plan. Under the plan, the parole <pardons and paroles>
21-22 division may transfer an eligible person from a unit of confinement
21-23 in the institutional division or a county jail to a work facility
21-24 in which the person remains in the technical custody of the parole
21-25 <pardons and paroles> division.
21-26 SECTION 1.038. Section 497.054, Government Code, is amended
21-27 to read as follows:
22-1 Sec. 497.054. Housing for participants. (a) The parole
22-2 <pardons and paroles> division, as necessary, shall designate
22-3 facilities in an area in which residents are to be participants in
22-4 the work program plan for the housing of those residents. The
22-5 parole <pardons and paroles> division may not grant a resident work
22-6 privileges unless:
22-7 (1) suitable housing for the resident exists in the
22-8 area in which the resident is employed or has an offer of
22-9 employment; or
22-10 (2) the resident is to be placed in a work facility
22-11 that combines employment facilities and living quarters for the
22-12 resident.
22-13 (b) The parole <pardons and paroles> division may assume
22-14 custody of an eligible person who has previously been denied parole
22-15 or whose initial parole eligibility date is more than six months
22-16 but less than two years from the projected date of transfer to a
22-17 work facility and transfer the person to a work facility. The
22-18 parole <pardons and paroles> division may assume custody of a
22-19 person whom the <pardons and paroles> division may transfer under
22-20 Section 499.002, 499.0021, or 499.003 <499.0039(a)> and transfer
22-21 the person to a work facility.
22-22 SECTION 1.039. Section 497.055, Government Code, is amended
22-23 to read as follows:
22-24 Sec. 497.055. Work Program Facilities. (a) In order to
22-25 accept residents transferred by the parole <pardons and paroles>
22-26 division under this subchapter, a facility must:
22-27 (1) be a secure <community residential> facility
23-1 <constructed by or under the authorization of a municipality or
23-2 county>;
23-3 (2) be subject to timely certification by the American
23-4 Correctional Association <as a community residential facility>;
23-5 (3) include on-site industry programs; and
23-6 (4) allow for full-time participation in training and
23-7 employment programs by each resident.
23-8 (b) A work facility must be <owned by a municipality or
23-9 county and be> operated under a contract between the department
23-10 <pardons and paroles division> and the municipality or county in
23-11 which the facility is located or between the department and a
23-12 private vendor. The contract must provide for the detention,
23-13 employment, education, and rehabilitation of residents in
23-14 accordance with the rules adopted by the board. The contract must
23-15 contain:
23-16 (1) an acknowledgment that payment by the state is
23-17 subject to the availability of appropriations;
23-18 (2) a provision for payment of a maximum amount per
23-19 biennium;
23-20 (3) a covenant that the work facility and all its
23-21 associated programs and services, including costs of construction,
23-22 acquisition, or adaptation of the facility, be provided at a
23-23 savings of not less than 10 percent of the resident-per-day
23-24 operational cost to the state for the institutional division's
23-25 general population category, as calculated by the Criminal Justice
23-26 Policy Council in its most current Texas correctional costs
23-27 analysis, excluding cost of facility construction, acquisition, or
24-1 adaptation;
24-2 (4) a provision permitting the state to terminate the
24-3 contract for cause, including as cause the failure to meet the
24-4 conditions required by this subchapter and other conditions in the
24-5 contract;
24-6 (5) a provision providing for cost adjustments only
24-7 once in each biennium, to take effect at the beginning of the next
24-8 biennium;
24-9 (6) a contract term of not more than three years, with
24-10 an option to renew for additional periods of two years;
24-11 (7) a provision for an adequate plan of insurance to
24-12 protect the state against all claims, including civil rights
24-13 violations, arising from the services performed under the contract
24-14 by the contracting party, to protect the state from actions by a
24-15 third party against the contracting party or subcontractor of the
24-16 contracting party, and to protect the state from actions by
24-17 officers, guards, employees, or agents of the contracting party or
24-18 its subcontractor;
24-19 (8) a provision adopting, to the extent allowable
24-20 under applicable law, a plan for the purchase and assumption of
24-21 operations by the state in the event of the inability of the
24-22 contracting party to perform its duties under the contract; and
24-23 (9) a provision establishing comprehensive standards
24-24 for conditions of confinement.
24-25 (c) A work facility may not hold more than an average daily
24-26 population of 500 residents.
24-27 (d) A municipality, <or> county, or private vendor that has
25-1 a contract with the department <pardons and paroles division> to
25-2 own and operate a work facility may subcontract with one or more
25-3 private vendors to construct, operate, or manage the facility and
25-4 provide for the detention, employment, education, and
25-5 rehabilitation services under the contract with the department
25-6 <pardons and paroles division>. A subcontractor must demonstrate
25-7 to the satisfaction of the municipality, <or> county, or private
25-8 vendor that it possesses the necessary management personnel and
25-9 expertise to carry out the obligations of a subcontract <with the
25-10 municipality or county> in accordance with applicable standards of
25-11 the American Correctional Association.
25-12 (e) A work facility is subject to regular, on-site
25-13 monitoring by the department <pardons and paroles division>.
25-14 (f) Before the execution of a contract with the department
25-15 <pardons and paroles division>, the governing body of a contracting
25-16 <the> municipality, <or> county, or private vendor must receive the
25-17 written approval of the chief of police of the municipality or the
25-18 sheriff of the county as to the provision of work facilities in
25-19 that law enforcement jurisdiction.
25-20 (g) A subcontract entered into by a municipality, <or>
25-21 county, or private vendor with a private vendor for the provision
25-22 of all or any part of a work facility, including its acquisition,
25-23 adaptation, or construction and its detention, employment,
25-24 education, and rehabilitation programs, must contain an express
25-25 statement that the subcontractor is subject to the same standards
25-26 and requirements imposed by the contract on the municipality, <or>
25-27 county, or private vendor.
26-1 (h) A municipality, <or> county, or private vendor that owns
26-2 a work facility and <or> a subcontractor of the municipality, <or>
26-3 county, or private vendor may not:
26-4 (1) calculate release and parole eligibility dates;
26-5 (2) award good conduct time;
26-6 (3) approve a resident for work, medical, or temporary
26-7 release from the facility or for pre-parole transfer; or
26-8 (4) classify a resident for or place a resident in
26-9 less restrictive custody than that ordered by the parole <pardons
26-10 and paroles> division.
26-11 (i) A municipality or county may acquire, adapt, or
26-12 construct a work facility operated within the requirements and
26-13 constraints established by this subchapter with the proceeds of
26-14 certificates of obligation of the municipality or county issued in
26-15 the manner prescribed by Subchapter C, Chapter 271, Local
26-16 Government Code.
26-17 (j) A municipality or county may pledge all or part of the
26-18 revenues received by the municipality or county from the department
26-19 <pardons and paroles division> under a contract authorized by this
26-20 section to secure or pay certificates of obligation. The
26-21 certificates of obligation must be made payable solely from and
26-22 secured solely by those revenues.
26-23 SECTION 1.040. Section 497.056, Government Code, is amended
26-24 to read as follows:
26-25 Sec. 497.056. Work Program Plan. (a) A resident
26-26 transferred under the conditional work program under this section
26-27 remains in the legal custody of the parole <pardons and paroles>
27-1 division and is subject to the orders of the division and the rules
27-2 of the work facility.
27-3 (b) The parole division shall establish policies <board
27-4 shall adopt rules> for the administration of the conditional work
27-5 program. The policies <rules> must include a work program contract
27-6 that includes an agreement by the resident to<:>
27-7 <(1)> contribute <to the owner, operator, or manager
27-8 of the work facility,> from the wages <funds> received by the
27-9 resident for the resident's participation in on-site industries'
27-10 <training and> employment a percentage<, not more than 80 percent>
27-11 of the wages, in accordance with rules adopted by the board to
27-12 comply with the federal prison enhancement certification program
27-13 established under 18 U.S.C. Section 1761, and a percentage of the
27-14 wages for <funds, to be used or distributed by the owner, operator,
27-15 or manager of the work facility to pay all or a part of>:
27-16 (1) <(A)> costs of supervision;
27-17 (2) <(B) costs of being quartered in the facility;>
27-18 <(C)> restitution to the victim or victims of the
27-19 resident; and
27-20 (3) <(D)> savings to be retained for the resident in a
27-21 designated account for the resident's benefit and receipt on
27-22 release<; and>
27-23 <(E) support of the resident's dependents, if
27-24 any;>
27-25 <(2) serve at least six months in the work facility
27-26 before requesting parole review under Section 8(b), Article 42.18,
27-27 Code of Criminal Procedure, and to serve at least six months
28-1 regardless of whether the resident becomes eligible for mandatory
28-2 supervision under Section 8(c), Article 42.18, Code of Criminal
28-3 Procedure, during that period; and>
28-4 <(3) participate in the employment, education, and
28-5 rehabilitation programs available at the work facility to the
28-6 extent that participation is recommended by the professional staff
28-7 of the facility>.
28-8 (c) The parole division <board> shall establish policies
28-9 <adopt rules> for the conduct of residents transferred under this
28-10 subchapter.
28-11 (d) In determining which residents may be promoted within
28-12 the program, the parole <pardons and paroles> division shall
28-13 consider:
28-14 (1) the level of job performance achieved by the
28-15 resident;
28-16 (2) the willingness of the resident to take
28-17 instruction or training related to the resident's assigned task;
28-18 (3) the resident's work attendance record; and
28-19 (4) the resident's disciplinary record.
28-20 SECTION 1.041. Section 497.057, Government Code, is amended
28-21 to read as follows:
28-22 Sec. 497.057. On-Site Employment. On-site employment for
28-23 residents under this subchapter is subject to the following
28-24 conditions:
28-25 (1) the employment must be at a wage at least as high
28-26 as the prevailing wage for similar work in the area or community
28-27 where the work is performed, and be in accordance with the
29-1 prevailing working conditions in the area or community;
29-2 (2) the employment may not result in the displacement
29-3 of an employed worker in the locality of the work facility;
29-4 (3) a resident eligible for work program privileges
29-5 may not be employed as a strikebreaker or to impair an existing
29-6 contract; and
29-7 (4) an eligible resident may not be exploited in any
29-8 manner, whether the exploitation affects the community, the
29-9 resident, or the department <institutional division>.
29-10 SECTION 1.042. Section 497.059, Government Code, is amended
29-11 to read as follows:
29-12 Sec. 497.059. Disciplinary Proceedings. (a) On transfer, a
29-13 work program resident is subject to supervision by the parole
29-14 <pardons and paroles> division.
29-15 (b) A facility director or designee of a facility director
29-16 <An officer assigned by the pardons and paroles division to
29-17 supervise a resident transferred under this subchapter must make
29-18 periodic written reports to the pardons and paroles division
29-19 concerning the resident's adjustment. The officer> shall
29-20 immediately report to the parole <pardons and paroles> division in
29-21 writing if the facility director or designee <officer> believes
29-22 that the resident violated the terms of the work program contract
29-23 or the rules of the work facility. <The officer may include in the
29-24 report the officer's recommendation as to the disciplinary action
29-25 the pardons and paroles division should take in the case. The
29-26 officer may also recommend to the pardons and paroles division that
29-27 a parole panel rescind or revise the resident's presumptive parole
30-1 date.> The parole <pardons and paroles> division may require an
30-2 agent of the <pardons and paroles> division or the work facility to
30-3 conduct a disciplinary hearing.
30-4 (c) If the parole <pardons and paroles> division has an
30-5 administrative need to deliver a resident to the actual custody of
30-6 the institutional division or if after a disciplinary hearing the
30-7 parole <pardons and paroles> division concurs that a violation has
30-8 occurred, the parole <pardons and paroles> division <with the
30-9 approval of the institutional division> may deliver the resident to
30-10 the actual custody of the institutional division, and the
30-11 institutional division may assign the resident to a regular unit of
30-12 the institutional division. <If the officer reporting a violation
30-13 recommends a disciplinary action, the pardons and paroles division
30-14 shall follow the recommendation unless it determines that another
30-15 disciplinary action is more appropriate. If the officer recommends
30-16 rescission or revision of the resident's presumptive parole date, a
30-17 parole panel shall rescind or revise the date unless it determines
30-18 the action is inappropriate.>
30-19 (d) Before <During the period after> a resident is
30-20 transferred to a work program under this subchapter and before the
30-21 resident is released on parole, the department <pardons and paroles
30-22 division> may award good conduct time to the resident <earned by
30-23 the resident during the period>, in the same amounts and in the
30-24 same manner as the department <director of the institutional
30-25 division> awards good conduct time to inmates in the institutional
30-26 division under Chapter 498.
30-27 SECTION 1.043. Section 497.081(a), Government Code, is
31-1 amended to read as follows:
31-2 (a) For the purposes of this subchapter, only the
31-3 institutional division may appoint an inmate to serve as a trusty,
31-4 under policies <rules> adopted by the director of the institutional
31-5 division.
31-6 SECTION 1.044. Subchapter D, Chapter 497, Government Code,
31-7 is amended by adding Section 497.090 to read as follows:
31-8 Sec. 497.090. WORK REQUIRED. The department shall require
31-9 each inmate to work, to the extent that the inmate is physically
31-10 capable of working.
31-11 SECTION 1.045. Section 497.091, Government Code, is amended
31-12 to read as follows:
31-13 Sec. 497.091. Contracts for Inmate Labor. (a) In this
31-14 section:
31-15 (1) "Agency" has the meaning assigned that term by
31-16 Section 771.002 <2, The Interagency Cooperation Act (Article
31-17 4413(32), Vernon's Texas Civil Statutes)>.
31-18 (2) "Local government" has the meaning assigned that
31-19 term by Section 791.003 <3, The Interlocal Cooperation Act (Article
31-20 4413(32c), Vernon's Texas Civil Statutes)>.
31-21 (b) The department <institutional division> shall seek
31-22 contracts with agencies and local governments to provide inmate
31-23 labor to those agencies and governments.
31-24 (c) The department <institutional division> may not enter
31-25 into a contract with an agency under this section unless the
31-26 contract complies with Chapter 771 <The Interagency Cooperation Act
31-27 (Article 4413(32), Vernon's Texas Civil Statutes)> and may not
32-1 enter into a contract with a local government under this section
32-2 unless the contract complies with Chapter 791 <The Interlocal
32-3 Cooperation Act (Article 4413(32c), Vernon's Texas Civil
32-4 Statutes)>. A contract entered into under this section may provide
32-5 that the department <institutional division> be reimbursed for
32-6 expenses incurred by the division in providing inmate labor to the
32-7 agency or local government.
32-8 SECTION 1.046. Section 497.092(b), Government Code, is
32-9 amended to read as follows:
32-10 (b) An agreement or contract entered into under this section
32-11 and payments made under the agreement or contract must conform with
32-12 Chapter 771 <The Interagency Cooperation Act (Article 4413(32),
32-13 Vernon's Texas Civil Statutes)>.
32-14 SECTION 1.047. Section 497.094, Government Code, is amended
32-15 to read as follows:
32-16 Sec. 497.094. Job Training Programs. The department
32-17 <institutional division and the pardons and paroles division by
32-18 rule> shall <adopt a memorandum of understanding that establishes
32-19 the respective responsibility of the institutional division to>
32-20 implement job training programs for inmates confined in facilities
32-21 operated by the department and <of the pardons and paroles division
32-22 to> monitor the success of those programs. The department shall
32-23 collect <memorandum must establish a method by which the pardons
32-24 and paroles division provides the institutional division with>
32-25 information relating to the employment histories of inmates
32-26 released from the institutional division on parole and mandatory
32-27 supervision. <The institutional division shall coordinate the
33-1 development of the memorandum of understanding.>
33-2 SECTION 1.048. Section 497.096, Government Code, is amended
33-3 to read as follows:
33-4 Sec. 497.096. Liability Protections. An employee of the
33-5 Texas Department of Criminal Justice, sheriff, employee of a
33-6 sheriff's department, county commissioner, county employee, county
33-7 judge, employee of a community corrections and supervision
33-8 department, restitution center, or officer or employee of a
33-9 political subdivision other than a county is not liable for damages
33-10 arising from an act or failure to act in connection with community
33-11 service performed by an inmate imprisoned in a facility operated by
33-12 the department <pursuant to court order> or in connection with an
33-13 inmate or offender programmatic or nonprogrammatic activity,
33-14 including work, community service, educational, and treatment
33-15 activities, if the act or failure to act was not intentional,
33-16 wilfully or wantonly negligent, or performed with conscious
33-17 indifference or reckless disregard for the safety of others.
33-18 SECTION 1.049. Subchapter E, Chapter 497, Government Code,
33-19 is amended by adding Section 497.097 to read as follows:
33-20 Sec. 497.097. USE OF STATE JAIL FELONS. The department may
33-21 use the labor of defendants confined in a state jail felony
33-22 facility in any work or community service program or project
33-23 performed by the institutional division.
33-24 SECTION 1.050. Section 498.001(1), Government Code, is
33-25 amended to read as follows:
33-26 (1) "Inmate" means a person imprisoned <confined> by
33-27 order of a court <in the institutional division>, whether the
34-1 person is actually imprisoned <confined> in a facility operated by
34-2 or under contract with the institutional division <the institution>
34-3 or is under the supervision or custody of the parole <pardons and
34-4 paroles> division.
34-5 SECTION 1.051. Section 498.002, Government Code, is amended
34-6 to read as follows:
34-7 Sec. 498.002. Classification and Reclassification. The
34-8 department <institutional division> shall classify each inmate as
34-9 soon as practicable on the inmate's arrival at the institutional
34-10 division or a transfer facility and, subject to the requirements of
34-11 Section 498.005, shall reclassify the inmate as circumstances
34-12 warrant. Each inmate must be classified according to the inmate's
34-13 conduct, obedience, and industry<, and criminal history>. The
34-14 department <director of the institutional division> shall maintain
34-15 a record on each inmate showing each classification and
34-16 reclassification of the inmate with the date and reason for each
34-17 classification or reclassification. The department <institutional
34-18 division> may classify each inmate on the inmate's arrival at the
34-19 institutional division or a transfer facility in a time-earning
34-20 category that does not allow the inmate to earn more than 30 days'
34-21 good conduct time for each 30 days actually served.
34-22 SECTION 1.052. Section 498.003, Government Code, is amended
34-23 to read as follows:
34-24 Sec. 498.003. Accrual of Good Conduct Time. (a) Good
34-25 conduct time applies only to eligibility for parole or mandatory
34-26 supervision as provided by Section 8, Article 42.18, Code of
34-27 Criminal Procedure, and does not otherwise affect an inmate's term.
35-1 Good conduct time is a privilege and not a right. Regardless of
35-2 the classification of an inmate, the department <director of the
35-3 institutional division> may grant good conduct time to the inmate
35-4 only if the department <director> finds that the inmate is actively
35-5 engaged in an agricultural, vocational, or educational endeavor or
35-6 in an industrial program or other work program, unless the
35-7 department <director> finds that the inmate is not capable of
35-8 participating in such an endeavor.
35-9 (b) An inmate accrues good conduct time according to the
35-10 inmate's classification in amounts as follows:
35-11 (1) 20 days for each 30 days actually served while the
35-12 inmate is classified as a trusty, except that the department
35-13 <director of the institutional division> may award the inmate not
35-14 more than 10 extra days for each 30 days actually served;
35-15 (2) 20 days for each 30 days actually served while the
35-16 inmate is classified as a Class I inmate; and
35-17 (3) 10 days for each 30 days actually served while the
35-18 inmate is classified as a Class II inmate.
35-19 (c) An inmate may not accrue good conduct time during any
35-20 period the inmate is classified as a Class III inmate or is on
35-21 parole or under mandatory supervision.
35-22 (d) An inmate may accrue good conduct time, in an amount
35-23 determined by the department <director of the institutional
35-24 division> that does not exceed 15 days for each 30 days actually
35-25 served, for diligent participation in an industrial program or
35-26 other work program or for participation in an agricultural,
35-27 educational, or vocational program provided to inmates by the
36-1 department <institutional division>. For the purposes of this
36-2 subsection, the term "participation in an educational program"
36-3 includes the participation of the inmate as a tutor or a pupil in a
36-4 literacy program authorized by Section 501.005. The department
36-5 <institutional division> may not award good conduct time under this
36-6 subsection for participation in a literacy program unless the
36-7 department <division> determines that the inmate participated in
36-8 good faith and with diligence as a tutor or pupil.
36-9 (e) If a person is confined in a county jail <or a transfer
36-10 facility operated by the institutional division is transferred to
36-11 any other facility of the institutional division for confinement
36-12 purposes>, the department <director of the institutional division>
36-13 shall award good conduct time to the person up to an amount equal
36-14 to the amount earned by an inmate in the entry level time earning
36-15 class <that which the person could have accrued during the period
36-16 of confinement in the county jail or transfer facility if instead
36-17 the person had been imprisoned in the division during that period>.
36-18 The department <director of the institutional division> shall award
36-19 good conduct time to a defendant for diligent participation in a
36-20 voluntary work program operated by a sheriff under Article 43.101,
36-21 Code of Criminal Procedure, in the same manner as if the inmate had
36-22 diligently participated in an industrial program or other work
36-23 program provided to inmates by the department <institutional
36-24 division>. The sheriff of each county shall have attached a
36-25 certification of the number of days each inmate diligently
36-26 participated in the volunteer work program operated by the sheriff
36-27 under Article 43.101, Code of Criminal Procedure.
37-1 SECTION 1.053. Section 498.004, Government Code, is amended
37-2 to read as follows:
37-3 Sec. 498.004. Forfeiture and Restoration of Good Conduct
37-4 Time. (a) If, during the actual term of imprisonment of an inmate
37-5 in the institutional division or in a transfer facility, the inmate
37-6 commits an offense or violates a rule of the division, the
37-7 department <director of the institutional division> may forfeit all
37-8 or any part of the inmate's accrued good conduct time. The
37-9 department <director of the institutional division> may restore
37-10 good conduct time forfeited under this subsection subject to
37-11 policies established <rules adopted> by the institutional division.
37-12 (b) On the revocation of parole or mandatory supervision of
37-13 an inmate, the inmate forfeits all good conduct time previously
37-14 accrued. On return to the institutional division the inmate may
37-15 accrue new good conduct time for subsequent time served in the
37-16 division. The department <director of the institutional division>
37-17 may restore good conduct time forfeited on a revocation that does
37-18 not involve a new criminal conviction after the inmate has served
37-19 at least three months of good behavior in the institutional
37-20 division, subject to policies established <rules adopted> by the
37-21 division. <Not later than the 60th day after the date an inmate is
37-22 returned to the institutional division following a revocation of
37-23 parole or mandatory supervision, the pardons and paroles division
37-24 shall notify the director of the institutional division of the
37-25 grounds for revocation.>
37-26 SECTION 1.054. Section 498.005, Government Code, is amended
37-27 to read as follows:
38-1 Sec. 498.005. Annual Review of Classification; Restoration
38-2 of Good Time; Retroactive Award of Good Time. At least annually,
38-3 the board shall review the institutional division's policies
38-4 <rules> relating to restoration of good conduct time that has been
38-5 forfeited, the manner in which inmates are classified and
38-6 reclassified, and the manner in which additional good conduct time
38-7 is awarded retroactively to inmates who have been reclassified.
38-8 <The board shall consider in its review whether the inmate
38-9 overcrowding in the institutional division has decreased and
38-10 whether it is necessary for purposes of decreasing overcrowding to
38-11 classify inmates according to Section 498.002 to restore good
38-12 conduct time under Section 498.004, or to award additional good
38-13 conduct time retroactively to inmates who have been reclassified.
38-14 If the board determines that overcrowding has decreased and it is
38-15 not necessary to restore good conduct time or award additional good
38-16 conduct time, it shall direct the institutional division to
38-17 discontinue those practices.>
38-18 SECTION 1.055. Sections 499.001(1) and (3), Government Code,
38-19 are amended to read as follows:
38-20 (1) "Community residential facility" means a facility
38-21 <halfway house certified by and> under contract with the department
38-22 <pardons and paroles division> under Section 8(i), Article 42.18,
38-23 Code of Criminal Procedure, or another facility or residence
38-24 approved by the department <pardons and paroles division>.
38-25 (3) "Pre-parolee" means an eligible inmate of whom the
38-26 parole <pardons and paroles> division has assumed custody.
38-27 SECTION 1.056. Sections 499.002(a) and (b), Government Code,
39-1 are amended to read as follows:
39-2 (a) The parole <pardons and paroles> division may assume
39-3 custody of an eligible inmate not more than one year <180 days>
39-4 before the inmate's presumptive parole date or mandatory
39-5 supervision release date. The eligible inmate becomes a
39-6 pre-parolee on the date the parole <pardons and paroles> division
39-7 assumes custody, and the parole <pardons and paroles> division
39-8 immediately shall transfer the pre-parolee to a community
39-9 residential facility. Except as otherwise provided by this
39-10 subchapter, the pre-parolee may serve the remainder of the
39-11 pre-parolee's sentence before release on parole in the facility
39-12 designated by the parole <pardons and paroles> division.
39-13 (b) At the time of the transfer of the pre-parolee, the
39-14 parole <pardons and paroles> division shall designate a community
39-15 residential facility as the pre-parolee's assigned unit of
39-16 confinement.
39-17 SECTION 1.057. Section 499.0021, Government Code, is amended
39-18 to read as follows:
39-19 Sec. 499.0021. Transfer of revoked DEFENDANTS
39-20 <PROBATIONERS>. (a) An inmate is eligible for transfer under this
39-21 section if the inmate is confined in the institutional division or
39-22 a county jail following revocation of community supervision
39-23 <probation> on grounds other than the commission of a subsequent
39-24 felony offense.
39-25 (b) The parole <pardons and paroles> division may assume
39-26 custody of an inmate who is eligible for transfer under this
39-27 section not earlier than one year before the inmate's presumptive
40-1 parole date. The inmate becomes a pre-parolee on the date the
40-2 parole <pardons and paroles> division assumes custody, and the
40-3 parole <pardons and paroles> division immediately shall transfer
40-4 the pre-parolee to a facility under contract with the department
40-5 <division>, which may be a community residential facility, a
40-6 community corrections facility listed in Section 1(b), Article
40-7 42.13, Code of Criminal Procedure, or a county correctional
40-8 facility. A pre-parolee transferred under this section is
40-9 considered to be in the actual physical custody of the parole
40-10 <pardons and paroles> division.
40-11 (c) A pre-parolee transferred by the parole <pardons and
40-12 paroles> division to a facility under this section is subject to
40-13 the provisions of Sections 499.002(c), 499.004, and 499.005 in the
40-14 same manner as if the person were a pre-parolee who had been
40-15 transferred to a community residential facility under Section
40-16 499.002.
40-17 SECTION 1.058. Section 499.003, Government Code, is amended
40-18 to read as follows:
40-19 Sec. 499.003. Transfer From Jail or Other Correctional
40-20 Facility. (a) A person is eligible for transfer under this
40-21 section from a jail or correctional institution to a secure
40-22 community residential facility if:
40-23 (1) the person has been sentenced to a term of
40-24 confinement in the institutional division;
40-25 (2) the person has not been delivered to the custody
40-26 of the institutional division, but rather is confined in a jail in
40-27 this state, a federal correctional institution, or a jail or
41-1 correctional institution in another state; and
41-2 (3) a presumptive parole date or mandatory supervision
41-3 release date for the person has been established.
41-4 (b) The parole <pardons and paroles> division may authorize
41-5 the transfer of an eligible person from a jail in this state, a
41-6 federal correctional institution, or a jail or correctional
41-7 institution in another state to a secure community residential
41-8 facility designated by the <pardons and paroles> division not more
41-9 than one year <180 days> before the person's presumptive parole
41-10 date or mandatory supervision release date. A person transferred
41-11 under this section is considered to be in the actual physical
41-12 custody of the parole <pardons and paroles> division.
41-13 (c) A person transferred by the parole <pardons and paroles>
41-14 division to a secure community residential facility is subject to
41-15 the provisions of Sections 499.002(c), 499.004, and 499.005 in the
41-16 same manner as if the person is a pre-parolee who had been
41-17 transferred to a community residential facility under Section
41-18 499.002.
41-19 (d) The parole <pardons and paroles> division may request of
41-20 a sheriff that the sheriff forward to the parole <pardons and
41-21 paroles> division copies of any records possessed by the sheriff
41-22 that are relevant to the parole <pardons and paroles> division in
41-23 its determination as to whether to transfer a person from the
41-24 county jail to a secure community residential facility, and the
41-25 parole <pardons and paroles> division shall request the sheriff to
41-26 forward to the institutional division and to the parole <pardons
41-27 and paroles> division the information relating to the defendant the
42-1 sheriff would be required under Section 8, Article 42.09, Code of
42-2 Criminal Procedure, to deliver to the department <institutional
42-3 division> had the defendant been transferred to the institutional
42-4 division. The parole <pardons and paroles> division shall
42-5 determine whether the information forwarded by the sheriff contains
42-6 a thumbprint taken from the person in the manner provided by
42-7 Article 38.33, Code of Criminal Procedure, and, if not, the parole
42-8 <pardons and paroles> division shall obtain a thumbprint in the
42-9 manner provided by that article, and shall forward the thumbprint
42-10 to the institutional division for inclusion with the information
42-11 sent by the sheriff. The sheriff shall comply with a request from
42-12 the parole <pardons and paroles> division made under this
42-13 subsection.
42-14 SECTION 1.059. Section 499.004, Government Code, is amended
42-15 to read as follows:
42-16 Sec. 499.004. Rules; Supervision of Pre-Parolees. (a) The
42-17 department <Board of Pardons and Paroles> shall establish policies
42-18 <adopt rules> for the conduct of pre-parolees transferred under
42-19 this subchapter.
42-20 (b) On transfer, the pre-parolee is subject to supervision
42-21 by the parole <pardons and paroles> division and shall obey the
42-22 orders of the <Board of Pardons and Paroles and the pardons and
42-23 paroles> division.
42-24 (c) A facility director or designee of a facility director
42-25 <An officer assigned by the pardons and paroles division to
42-26 supervise a pre-parolee transferred under this subchapter must make
42-27 periodic written reports to the pardons and paroles division
43-1 concerning the pre-parolee's adjustment. The officer> shall
43-2 immediately report to the parole <pardons and paroles> division in
43-3 writing if the director or designee <officer> believes that a <the>
43-4 pre-parolee has violated the terms of the pre-parolee's transfer
43-5 agreement or the rules of the facility <and may include in the
43-6 report the officer's recommendation as to the disciplinary action
43-7 the pardons and paroles division should take in the case. The
43-8 officer may also recommend to a parole panel that it rescind or
43-9 revise the pre-parolee's presumptive parole date>. The parole
43-10 <pardons and paroles> division may require an agent of the <pardons
43-11 and paroles> division or the community residential facility to
43-12 conduct a hearing.
43-13 (d) If the parole <pardons and paroles> division has an
43-14 administrative need to deliver the pre-parolee to the custody of
43-15 the institutional division or if after a disciplinary hearing the
43-16 parole <pardons and paroles> division concurs that a violation has
43-17 occurred, the parole <pardons and paroles> division <with the
43-18 approval of the institutional division> may deliver the pre-parolee
43-19 to the actual custody of the institutional division and the
43-20 institutional division may assign the pre-parolee to a regular unit
43-21 of the institutional division. <If the officer reporting a
43-22 violation recommends a disciplinary action, the pardons and paroles
43-23 division shall follow the recommendation unless it determines that
43-24 another disciplinary action is more appropriate.> If the parole
43-25 division <officer> recommends rescission or revision of the
43-26 pre-parolee's presumptive parole date, a parole panel shall rescind
43-27 or revise the date unless it determines the action is
44-1 inappropriate.
44-2 (e) Before <During the period after> a pre-parolee is
44-3 transferred to a community residential facility under this section
44-4 <article> and before the pre-parolee is released on parole, the
44-5 department <pardons and paroles division> may award good conduct
44-6 time to the pre-parolee <earned by the pre-parolee during that
44-7 period> in the same amounts and in the same manner as the
44-8 department <director of the institutional division> awards good
44-9 conduct time to inmates <prisoners> in the institutional division
44-10 <department> under Chapter 498 <Section 498.003>.
44-11 SECTION 1.060. Section 499.005(a), Government Code, is
44-12 amended to read as follows:
44-13 (a) If a pre-parolee transferred under this subchapter
44-14 satisfactorily serves a term in a community residential facility
44-15 until the pre-parolee's presumptive parole date, the parole
44-16 division <Board of Pardons and Paroles> may transfer the
44-17 pre-parolee from pre-parole status to parole status and <the Board
44-18 of Pardons and Paroles may> issue the pre-parolee an appropriate
44-19 certificate of release to conditional freedom under Article 42.18,
44-20 Code of Criminal Procedure.
44-21 SECTION 1.061. Section 499.021(2), Government Code, is
44-22 amended to read as follows:
44-23 (2) "Intensive supervision parole" means a parole
44-24 supervision program established by the parole <pardons and paroles>
44-25 division under Section 24, Article 42.18, Code of Criminal
44-26 Procedure.
44-27 SECTION 1.062. Section 499.026(d), Government Code, is
45-1 amended to read as follows:
45-2 (d) Not later than the 10th day before the date on which a
45-3 parole panel proposes to release an inmate under this subchapter,
45-4 the department <pardons and paroles division> shall give notice of
45-5 the proposed release to the sheriff, the attorney representing the
45-6 state, and the district judge of the county in which the defendant
45-7 was convicted. If there was a change of venue in the case, the
45-8 department <pardons and paroles division> shall also notify the
45-9 sheriff, the attorney representing the state, and the district
45-10 judge of the county in which the prosecution was originated.
45-11 SECTION 1.063. Sections 499.027(b) and (c), Government Code,
45-12 are amended to read as follows:
45-13 (b) An inmate is not eligible under this subchapter to be
45-14 considered for release to intensive supervision parole if:
45-15 (1) the inmate is awaiting transfer to the
45-16 institutional division, or serving a sentence, for an offense for
45-17 which the judgment contains an affirmative finding under Section
45-18 3g(a)(2), Article 42.12, Code of Criminal Procedure;
45-19 (2) the inmate is awaiting transfer to the
45-20 institutional division, or serving a sentence, for an offense
45-21 listed in one of the following sections of the Penal Code:
45-22 (A) Section 19.02 (murder);
45-23 (B) Section 19.03 (capital murder);
45-24 (C) Section 19.04 (<voluntary> manslaughter);
45-25 (D) Section 20.03 (kidnapping);
45-26 (E) Section 20.04 (aggravated kidnapping);
45-27 (F) Section 21.11 (indecency with a child);
46-1 (G) Section 22.011 (sexual assault);
46-2 (H) Section 22.02 <22.021> (aggravated <sexual>
46-3 assault);
46-4 (I) Section 22.021 (aggravated sexual assault)
46-5 <22.03 (deadly assault on law enforcement or corrections officer or
46-6 court participant)>;
46-7 (J) Section 22.04 (injury to a child or an
46-8 elderly individual);
46-9 (K) Section 25.02 (prohibited sexual conduct
46-10 <incest>);
46-11 (L) <Section 25.06 (solicitation of a child);>
46-12 <(M)> Section 25.08 <25.11> (sale or purchase of
46-13 a child);
46-14 (M) <(N)> Section 28.02 (arson);
46-15 (N) <(O)> Section 29.02 (robbery);
46-16 (O) <(P)> Section 29.03 (aggravated robbery);
46-17 (P) <(Q)> Section 30.02 (burglary), if the
46-18 offense is punished as a first-degree felony under that section;
46-19 (Q) <(R)> Section 43.04 (aggravated promotion of
46-20 prostitution);
46-21 (R) <(S)> Section 43.05 (compelling
46-22 prostitution);
46-23 (S) <(T)> Section 43.24 (sale, distribution, or
46-24 display of harmful material to minor);
46-25 (T) <(U)> Section 43.25 (sexual performance by a
46-26 child);
46-27 (U) <(V)> Section 46.10 <46.11> (deadly weapon
47-1 in penal institution);
47-2 (V) <(W)> Section 15.01 (criminal attempt), if
47-3 the offense attempted is listed in this subsection;
47-4 (W) <(X)> Section 15.02 (criminal conspiracy),
47-5 if the offense that is the subject of the conspiracy is listed in
47-6 this subsection; or
47-7 (X) <(Y)> Section 15.03 (criminal solicitation),
47-8 if the offense solicited is listed in this subsection; or
47-9 (3) the inmate is awaiting transfer to the
47-10 institutional division, or serving a sentence, for an offense under
47-11 <listed in one of the following sections of> Chapter 481, Health
47-12 and Safety Code, punishable by a minimum term of imprisonment or a
47-13 maximum fine that is greater than the minimum term of imprisonment
47-14 or the maximum fine for a first degree felony <:>
47-15 <(A) Section 481.112(c), 481.113(c), or
47-16 481.114(c) (aggravated manufacture or delivery of a controlled
47-17 substance);>
47-18 <(B) Section 481.115(c), 481.116(c), 481.117(c),
47-19 or 481.118(c) (aggravated possession of a controlled substance);>
47-20 <(C) Section 481.120 (delivery of marihuana) if
47-21 the offense is punished under Subsection (b)(5) of that section;>
47-22 <(D) Section 481.120(c) (aggravated delivery of
47-23 marihuana); or>
47-24 <(E) Section 481.121(c) (aggravated possession
47-25 of marihuana)>.
47-26 (c) The department <institutional division> shall provide
47-27 each county with necessary assistance to enable the county to
48-1 identify inmates confined in the county jail who may be eligible
48-2 under this subchapter to be considered for release.
48-3 SECTION 1.064. Section 499.028, Government Code, is amended
48-4 to read as follows:
48-5 Sec. 499.028. FACILITIES EXPANSION AND IMPROVEMENT REPORT.
48-6 The department <institutional division> shall submit a facilities
48-7 expansion and improvement report to the governor and the
48-8 Legislative Budget Board not less than once every 60 days. The
48-9 report must describe all construction projects that will result in
48-10 the addition or removal of beds from department <the system>
48-11 capacity, the projected completion dates for each project, and the
48-12 number of beds that will be added to or removed from capacity on
48-13 completion of the construction projects.
48-14 SECTION 1.065. Section 499.052(a), Government Code, is
48-15 amended to read as follows:
48-16 (a) The institutional division shall establish a program to
48-17 confine persons who are required to serve not more than 90 days in
48-18 the institutional division as a condition of a sentence imposed
48-19 under Section 8, Article 42.12, Code of Criminal Procedure. The
48-20 <director of the> institutional division may limit the number of
48-21 persons participating in the program.
48-22 SECTION 1.066. Section 499.071, Government Code, is amended
48-23 to read as follows:
48-24 Sec. 499.071. SCHEDULED ADMISSIONS POLICY <ALLOCATION
48-25 FORMULA>. <(a)> The board shall adopt and enforce a scheduled
48-26 admissions policy that permits the institutional division to accept
48-27 inmates within 45 days of processing as required by Section
49-1 499.121(c). <an allocation formula that fairly and equitably
49-2 allocates to each county the number of institutional division
49-3 admissions allocated to the county until sufficient capacity is
49-4 available in the institutional division. In devising the formula,
49-5 the board shall consider relevant factors for each county served by
49-6 a department and shall assign weights to those factors as
49-7 determined appropriate by the board. The factors shall include but
49-8 are not limited to:>
49-9 <(1) the percentage of prison admissions for the
49-10 entire state that were used by the county in the preceding 12
49-11 months;>
49-12 <(2) the percentage of the state's violent index crime
49-13 that occurred in the county in the preceding 12 months;>
49-14 <(3) the percentage of the state's total index crime
49-15 that occurred in the county in the preceding 12 months;>
49-16 <(4) the percentage of the state's total arrests under
49-17 Chapter 481, Health and Safety Code, that occurred in the county in
49-18 the preceding 12 months;>
49-19 <(5) the percentage of the state's population residing
49-20 in the county;>
49-21 <(6) the percentage of the state's total unemployment
49-22 in the county; and>
49-23 <(7) the percentage of all defendants serving
49-24 sentences for felonies who were paroled from the institutional
49-25 division, a jail in this state, a federal correctional institution,
49-26 or a jail or correctional institution in another state in the
49-27 preceding 12 months and who were released to reside in the county.>
50-1 <(b) The board shall adopt and enforce an allocation formula
50-2 that fairly and equitably allocates community corrections program
50-3 funding to each community supervision and corrections department,
50-4 in the manner provided by Section 10(a)(3), Article 42.13, Code of
50-5 Criminal Procedure. In devising the formula, the board shall use
50-6 the factors listed in Subsection (a), but may assign different
50-7 weights to those factors than those used in developing the
50-8 admissions allocation formula. The board also may use factors not
50-9 listed in Subsection (a) in devising the formula under this
50-10 subsection.>
50-11 <(c) If the board is unable to obtain for a factor listed in
50-12 Subsection (a) information for the preceding 12-month period, the
50-13 board shall consider the most recent information available for that
50-14 factor.>
50-15 <(d) The board shall revise each formula annually.>
50-16 SECTION 1.067. Section 499.102(a), Government Code, is
50-17 amended to read as follows:
50-18 (a) The staff of the institutional division, on its own
50-19 initiative or as directed by the governor or the board, may
50-20 recommend to the administration of the institutional division that
50-21 the maximum capacity established under Section 499.101 for a unit
50-22 be increased if the staff determines through written findings that
50-23 the division can increase the maximum capacity and provide:
50-24 (1) proper inmate classification and housing within
50-25 the unit that is consistent with the classification system;
50-26 (2) housing flexibility to allow necessary repairs and
50-27 routine and preventive maintenance to be performed without
51-1 compromising the classification system;
51-2 (3) adequate space in dayrooms;
51-3 (4) all meals within a reasonable time, allowing each
51-4 inmate a reasonable time within which to eat;
51-5 (5) operable hygiene facilities that ensure the
51-6 availability of a sufficient number of fixtures to serve the inmate
51-7 population;
51-8 (6) adequate laundry services;
51-9 (7) sufficient staff to:
51-10 (A) meet operational and security needs;
51-11 (B) meet health care needs, including the needs
51-12 of inmates requiring psychiatric care, mentally retarded inmates,
51-13 and physically handicapped inmates;
51-14 (C) provide a safe environment for inmates and
51-15 staff; and
51-16 (D) provide adequate internal affairs
51-17 investigation and review;
51-18 (8) medical, dental, and psychiatric care adequate to
51-19 ensure:
51-20 (A) minimal delays in delivery of service from
51-21 the time sick call requests are made until the service is
51-22 performed;
51-23 (B) access to regional medical facilities;
51-24 (C) access to the institutional division
51-25 hospital at Galveston or contract facilities performing the same
51-26 services;
51-27 (D) access to specialty clinics; and
52-1 (E) a sufficient number of psychiatric inpatient
52-2 beds and sheltered beds for mentally retarded inmates;
52-3 (9) a fair disciplinary system that ensures due
52-4 process and is adequate to ensure safety and order in the unit;
52-5 (10) work, vocational, academic, and on-the-job
52-6 training programs that afford all eligible inmates with an
52-7 opportunity to learn job skills or work habits that can be applied
52-8 on release, appropriately staffed and of sufficient quality;
52-9 (11) a sufficient number and quality of
52-10 nonprogrammatic and recreational activities for all eligible
52-11 inmates who choose to participate;
52-12 (12) adequate assistance from persons trained in the
52-13 law or a law library with a collection containing necessary
52-14 materials and space adequate for inmates to use the law library for
52-15 study related to legal matters;
52-16 (13) adequate space and staffing to permit contact and
52-17 noncontact visitation of all eligible inmates;
52-18 (14) adequate maintenance programs to repair and
52-19 prevent breakdowns caused by increased use of facilities and
52-20 fixtures; and
52-21 (15) space and staff sufficient to provide all the
52-22 services and facilities required by this section.
52-23 SECTION 1.068. Section 499.110, Government Code, is amended
52-24 to read as follows:
52-25 Sec. 499.110. <Applicability of> Administrative Procedure
52-26 <and Texas Register> Act. Subchapter B, Chapter 2001, <The
52-27 Administrative Procedure and Texas Register Act (Article 6252-13a,
53-1 Vernon's Texas Civil Statutes)> applies to all reviews,
53-2 recommendations, and decisions made under Sections 499.102-499.109.
53-3 SECTION 1.069. Section 499.154, Government Code, is amended
53-4 to read as follows:
53-5 Sec. 499.154. Custody Status; Good Conduct Time. An inmate
53-6 described by Section 499.152 confined in a transfer facility
53-7 authorized by this subchapter earns good conduct time in the same
53-8 manner and subject to the same rules as if the inmate were confined
53-9 in <a county jail awaiting transfer to> the institutional division.
53-10 SECTION 1.070. Section 499.155(a), Government Code, is
53-11 amended to read as follows:
53-12 (a) Except as provided by Subsection (b), the institutional
53-13 division may not confine an inmate described by Section 499.152 in
53-14 a transfer facility authorized by this subchapter for a period that
53-15 exceeds the maximum period for which a state jail felon may be
53-16 confined in a state jail felony facility under Section 12.35, Penal
53-17 Code <12 months>.
53-18 SECTION 1.071. Section 500.001, Government Code, is amended
53-19 to read as follows:
53-20 Sec. 500.001. Supervisory or Disciplinary Authority of
53-21 Inmates. (a) An inmate housed in a facility operated by the
53-22 department or under contract with the department <the custody of
53-23 the institutional division> may not act in a supervisory or
53-24 administrative capacity over another inmate.
53-25 (b) An inmate housed in a facility operated by the
53-26 department or under contract with the department <the custody of
53-27 the institutional division> may not administer disciplinary action
54-1 over another inmate.
54-2 SECTION 1.072. Section 500.002, Government Code, is amended
54-3 to read as follows:
54-4 Sec. 500.002. Destruction of Property. (a) An inmate
54-5 housed in a facility operated by the department or under contract
54-6 with the department <of the institutional division> is liable for
54-7 the inmate's intentional damage to property belonging to the state.
54-8 If more than one inmate is involved in damage to property, each
54-9 inmate involved in the damage is jointly and severally liable.
54-10 (b) The department <institutional division> shall establish
54-11 a hearing procedure, giving consideration to the due process rights
54-12 of inmates, for the adjudication of claims for property damage
54-13 under this section <article>. Damages may be awarded to the
54-14 department <institutional division> only after a hearing and may
54-15 not exceed the value of the property damaged.
54-16 (c) If at a hearing it is determined that an inmate is
54-17 liable for property damage, the department <institutional division>
54-18 may seize the contents of inmate trust funds established for the
54-19 inmate under Section 497.056 and Section 501.014.
54-20 (d) An inmate, after exhausting all administrative remedies
54-21 provided by the grievance system developed under Section 501.008,
54-22 may appeal a final decision <ruling following a hearing> under this
54-23 section by filing a petition for judicial review <an appeal> in a
54-24 district court having jurisdiction in the county in which the
54-25 alleged damages occurred. On judicial review <appeal>, the
54-26 district court shall follow the rules governing judicial review of
54-27 contested cases under Subchapter G, Chapter 2001 <Section 19,
55-1 Administrative Procedure and Texas Register Act (Article 6252-13a,
55-2 Vernon's Texas Civil Statutes)>. Appeals may be taken from the
55-3 district court as in other civil cases.
55-4 (e) If an inmate fails to file a petition seeking judicial
55-5 review of <appeal> an adverse decision within 30 <60> days after
55-6 exhausting all administrative remedies <the date of a hearing under
55-7 Subsection (b)>, a district court may not review the final decision
55-8 <the inmate is barred from appealing the decision>.
55-9 SECTION 1.073. Section 500.003, Government Code, is amended
55-10 to read as follows:
55-11 Sec. 500.003. Gambling Prohibited. Gambling is not
55-12 permitted at any place in a facility operated by or under contract
55-13 with the department <the institutional division> where inmates are
55-14 housed or worked. An employee of the department who engages in
55-15 gambling or knowingly permits gambling at any place where inmates
55-16 are housed or worked is subject to immediate dismissal.
55-17 SECTION 1.074. Section 500.005, Government Code, is amended
55-18 to read as follows:
55-19 Sec. 500.005. Rewards on Escape. The director of the
55-20 institutional division, in compliance with <with the approval of
55-21 the> board policy, may offer a reward for the apprehension of an
55-22 escaped inmate. The director may determine the amount of the
55-23 reward and the manner in which the reward is to be paid.
55-24 SECTION 1.075. Section 500.006, Government Code, is amended
55-25 to read as follows:
55-26 Sec. 500.006. Transportation of Inmates. (a) The
55-27 department <director of the institutional division> shall establish
56-1 policies <adopt rules> to provide for the safe transfer of inmates
56-2 <from the counties in which inmates are sentenced to the
56-3 institutional division>. A sheriff may transport inmates to the
56-4 institutional division if the sheriff is able to perform the
56-5 service as economically as if the service were performed by the
56-6 division. The institutional division is responsible for the cost
56-7 of transportation of inmates to the division.
56-8 (b) An inmate may not be transported directly from a county
56-9 jail to an institutional division facility other than a designated
56-10 diagnostic unit or a transfer facility <farm>. <The institutional
56-11 division shall designate units as receiving stations and all
56-12 inmates must be initially transported to a receiving station. At
56-13 the receiving station:>
56-14 <(1) the institutional division shall determine what
56-15 type of labor the inmate may reasonably perform; and>
56-16 <(2) the director of the institutional division shall
56-17 require each inmate to make a statement containing:>
56-18 <(A) a brief history of the inmate's life that
56-19 states where the inmate has resided and other facts that describe
56-20 the inmate's past habits and character; and>
56-21 <(B) names and mailing addresses of the inmate's
56-22 immediate relatives.>
56-23 <(c) The director of the institutional division shall
56-24 attempt to verify or disprove the accuracy of the statement if
56-25 practicable.>
56-26 <(d) The director of the institutional division shall retain
56-27 the statement.>
57-1 SECTION 1.076. Section 501.002, Government Code, is amended
57-2 to read as follows:
57-3 Sec. 501.002. Assault by Employee on Inmate. If an employee
57-4 of the department <institutional division> commits an assault on an
57-5 inmate housed in a facility operated by or under contract with the
57-6 department, the executive director <of the institutional division>
57-7 shall file a complaint with the proper official of the county in
57-8 which the offense occurred. If an employee is charged with an
57-9 assault described by this section, an inmate or person who was an
57-10 inmate at the time of the alleged offense may testify in a
57-11 prosecution of the offense.
57-12 SECTION 1.077. Section 501.003, Government Code, is amended
57-13 to read as follows:
57-14 Sec. 501.003. Food. The department <director of the
57-15 institutional division> shall ensure that inmates housed in
57-16 facilities operated by the department are fed good and wholesome
57-17 food, prepared under sanitary conditions, and provided in
57-18 sufficient quantity and reasonable variety. The department
57-19 <director of the institutional division> shall hold employees
57-20 charged with preparing food for inmates strictly to account for a
57-21 failure to carry out this section. The department <director of the
57-22 institutional division> shall provide for the training of inmates
57-23 as cooks so that food for inmates may be properly prepared.
57-24 SECTION 1.078. Section 501.004, Government Code, is amended
57-25 to read as follows:
57-26 Sec. 501.004. Clothing. The department <institutional
57-27 division> shall provide to inmates housed in facilities operated by
58-1 the department suitable clothing that is of substantial material,
58-2 uniform make, and reasonable fit and footwear that is substantial
58-3 and comfortable. The department <institutional division> may not
58-4 allow an inmate to wear clothing that is not furnished by the
58-5 department <division>, except as a reward for meritorious conduct.
58-6 The department <director of the institutional division> may allow
58-7 inmates to wear underwear not furnished by the department
58-8 <institutional division>.
58-9 SECTION 1.079. Section 501.005, Government Code, is amended
58-10 to read as follows:
58-11 Sec. 501.005. Literacy Programs. (a) The institutional
58-12 division shall establish a program to teach reading to functionally
58-13 illiterate inmates housed in facilities operated by the division.
58-14 The institutional division shall allow an inmate who is capable of
58-15 serving as a tutor to tutor functionally illiterate inmates and
58-16 shall actively encourage volunteer organizations to aid in the
58-17 tutoring of inmates. The institutional division, the inmate to be
58-18 tutored, and the person who tutors the inmate jointly shall
58-19 establish reading goals for the inmate to be tutored. A person who
58-20 acts as a tutor may only function as a teacher and advisor to an
58-21 inmate and may not exercise supervisory authority or control over
58-22 the inmate.
58-23 (b) The institutional division shall require illiterate
58-24 inmates housed in facilities operated by the division to receive
58-25 not less than five or more than eight hours a week of reading
58-26 instruction.
58-27 (c) The institutional division shall identify functionally
59-1 illiterate inmates housed in facilities operated by the division
59-2 and shall inform the parole <pardons and paroles> division if it
59-3 determines that an inmate who is to be released to the supervision
59-4 of the parole <pardons and paroles> division is in need of
59-5 continuing education after release from the institutional division.
59-6 SECTION 1.080. Section 501.006, Government Code, is amended
59-7 to read as follows:
59-8 Sec. 501.006. EMERGENCY ABSENCE <TEMPORARY FURLOUGHS>.
59-9 (a) The institutional division may grant an emergency absence
59-10 under escort <a medical furlough> to an inmate so that the inmate
59-11 may:
59-12 (1) obtain a medical diagnosis or medical treatment;
59-13 (2) obtain <. The institutional division may impose
59-14 security conditions determined by the board to be necessary and
59-15 proper on an inmate during the inmate's furlough.>
59-16 <(b) The institutional division may grant a mental health or
59-17 mental retardation furlough so that an inmate may be transferred to
59-18 a Texas Department of Mental Health and Mental Retardation facility
59-19 for> treatment and supervision at a Texas Department of Mental
59-20 Health and Mental Retardation facility; or<.>
59-21 (3) <(c) The institutional division may grant a
59-22 temporary furlough of not more than seven days to an inmate
59-23 determined to be an acceptable security risk by the division. The
59-24 institutional division may grant a furlough under this subsection
59-25 so that the inmate may> attend a funeral or<,> visit a critically
59-26 ill relative<, or for any other reason determined appropriate by
59-27 the division>.
60-1 <(d) The institutional division may extend a temporary
60-2 furlough granted under Subsection (c) for not more than 10
60-3 additional days, if the division determines that circumstances
60-4 warrant the extension. The board may not grant more than two
60-5 furloughs to an inmate in one calendar year unless the Board of
60-6 Pardons and Paroles and the governor approve an additional furlough
60-7 for the inmate, in the same manner as the board and the governor
60-8 approve emergency reprieves.>
60-9 (b) <(e)> The institutional division shall adopt policies
60-10 <rules> for the administration of the emergency absence under
60-11 escort <temporary furlough> program <and the legislature intends
60-12 that furloughs be given. The rules must state that furloughs are
60-13 granted as the institutional division determines and are not given
60-14 in consideration of the county, region, or state to which an inmate
60-15 is to be furloughed.>
60-16 <(f) The institutional division shall notify the pardons and
60-17 paroles division if the institutional division grants a temporary
60-18 furlough under this section and shall notify the pardons and
60-19 paroles division of the inmate's return to the institutional
60-20 division>.
60-21 (c) <(g)> An inmate absent <furloughed> under this section
60-22 <and an inmate granted an emergency reprieve by the Board of
60-23 Pardons and Paroles and the governor> is considered to be in the
60-24 custody of the institutional division, and <even if> the inmate
60-25 must be <is not> under physical guard while absent <on furlough>.
60-26 <If an inmate described by this subsection does not return to the
60-27 institutional division at the time specified for the inmate's
61-1 return, the inmate is an escapee for the purposes of Section 38.07,
61-2 Penal Code.>
61-3 <(h) The state may not pay for the transportation of an
61-4 inmate on temporary furlough unless the inmate is under physical
61-5 guard during the furlough.>
61-6 <(i) The institutional division may not grant a furlough to
61-7 an inmate convicted of an offense under Section 42.07(a)(7), Penal
61-8 Code.>
61-9 SECTION 1.081. Section 501.007, Government Code, is amended
61-10 to read as follows:
61-11 Sec. 501.007. Inmate Claims for Lost or Damaged Property.
61-12 The department <institutional division> may pay from the
61-13 miscellaneous funds appropriated to the division claims made by
61-14 inmates housed in facilities operated by the department for
61-15 property lost or damaged by the division. The department
61-16 <institutional division> shall maintain a record of all
61-17 transactions made under this section and shall send a copy of that
61-18 record to the state auditor at least annually. The record must
61-19 show the amount of each claim paid, the identity of each claimant,
61-20 and the purpose for which each claim was made. The department
61-21 <institutional division> may not pay under this section more than
61-22 $500 on a claim.
61-23 SECTION 1.082. Section 501.009, Government Code, is amended
61-24 to read as follows:
61-25 Sec. 501.009. Volunteer Organizations. The department
61-26 <institutional division> shall actively encourage volunteer
61-27 organizations to provide the following programs for inmates housed
62-1 in facilities operated by <confined in> the department <division>:
62-2 (1) literacy and education programs;
62-3 (2) life skills programs;
62-4 (3) job skills programs;
62-5 (4) parent-training programs;
62-6 (5) drug and alcohol rehabilitation programs;
62-7 (6) support group programs;
62-8 (7) arts and crafts programs; and
62-9 (8) other programs determined by the department
62-10 <division> to aid inmates in the transition between confinement and
62-11 society and to reduce incidence of recidivism among inmates.
62-12 SECTION 1.083. Section 501.010, Government Code, is amended
62-13 to read as follows:
62-14 Sec. 501.010. Visitors. (a) The institutional division
62-15 shall allow the governor, members of the legislature, and members
62-16 of the executive and judicial branches to enter at proper hours any
62-17 part of a facility operated by the division where inmates are
62-18 housed or worked, for the purpose of observing the operations of
62-19 the division. A visitor described by this subsection may talk with
62-20 inmates away from institutional division employees.
62-21 (b) The institutional division shall have a uniform
62-22 visitation policy that allows eligible inmates housed in facilities
62-23 operated by <in> the division, other than state jails, to receive
62-24 visitors. The institutional division shall require each warden in
62-25 the division to:
62-26 (1) apply the policy in the unit under the warden's
62-27 control;
63-1 (2) prominently display copies of the policy in
63-2 locations in the unit that are accessible to inmates or visitors;
63-3 and
63-4 (3) if requested, provide visitors with copies of the
63-5 policy.
63-6 (c) At the end of each biennium, each warden in the
63-7 institutional division shall report to the director of the division
63-8 on the manner in which the policy has affected visitation at the
63-9 warden's unit during the preceding two years.
63-10 SECTION 1.084. Sections 501.011(a) and (h), Government Code,
63-11 are amended to read as follows:
63-12 (a) The Role of the Family in Reducing Recidivism Advisory
63-13 Committee to the institutional division of the Texas Department of
63-14 Criminal Justice and the Texas Youth Commission consists of a
63-15 representative of the institutional division, a representative of
63-16 the state jail division, a representative of the Texas Youth
63-17 Commission, a representative of the parole <pardons and paroles>
63-18 division, a representative of the attorney general's office, a
63-19 representative of the Community Services Division of the Texas
63-20 Youth Commission, two members appointed by the governor, two
63-21 members appointed by the lieutenant governor, and two members
63-22 appointed by the speaker of the Texas House of Representatives.
63-23 Each appointed member must be a citizen of the state and should
63-24 have a knowledge of corrections or juvenile justice issues. The
63-25 officer appointing the member shall give preference to appointees
63-26 who are or have been family members of inmates or juveniles
63-27 detained in Texas Youth Commission facilities.
64-1 (h) The advisory committee shall make studies of and make
64-2 recommendations to the department <institutional division> and to
64-3 the legislature relating to:
64-4 (1) visitation policies in facilities operated by the
64-5 department <institutional division>;
64-6 (2) the availability and effectiveness of
64-7 rehabilitation programs in facilities operated by the department
64-8 <institutional division>;
64-9 (3) the efficiency of educational and vocational
64-10 programs in facilities operated by the department <institutional
64-11 division>;
64-12 (4) special problems faced by inmates with children;
64-13 (5) the special needs of indigent inmates;
64-14 (6) policies and laws relating to the distribution of
64-15 release money to inmates; and
64-16 (7) other issues of special interest to families with
64-17 a relative housed in a facility operated by the department
64-18 <institutional division>.
64-19 SECTION 1.085. Section 501.012, Government Code, is amended
64-20 to read as follows:
64-21 Sec. 501.012. Family Liaison Officer. The director of the
64-22 institutional division shall designate one employee at each
64-23 facility operated by <unit in> the institutional division to serve
64-24 as family liaison officer for that facility <unit>. The family
64-25 liaison officer shall facilitate the maintenance of ties between
64-26 inmates and their families for the purpose of reducing recidivism.
64-27 Each family liaison officer shall:
65-1 (1) provide inmates' relatives with information about
65-2 the classification status, location, and health of inmates in the
65-3 facility <unit>;
65-4 (2) notify inmates about emergencies involving their
65-5 families and provide inmates with other necessary information
65-6 relating to their families; and
65-7 (3) assist inmates' relatives and other persons during
65-8 visits with inmates and aid those persons in resolving problems
65-9 that may affect permitted contact with inmates.
65-10 SECTION 1.086. Section 501.013, Government Code, is amended
65-11 to read as follows:
65-12 Sec. 501.013. Materials Used for Arts and Crafts. (a) The
65-13 institutional division may purchase materials to be used by inmates
65-14 housed in facilities operated by the division to produce arts and
65-15 crafts.
65-16 (b) The institutional division may allow an inmate housed in
65-17 a facility operated by the division who produces arts and crafts in
65-18 the division to sell those arts and crafts to the general public in
65-19 a manner determined by the division.
65-20 (c) If an inmate housed in a facility operated by the
65-21 division sells arts and crafts and the materials used in the
65-22 production of the arts and crafts were provided by the
65-23 <institutional> division, the proceeds of the sale go first to the
65-24 division to pay for the cost of the materials, and the remainder,
65-25 if any, goes to the inmate. The institutional division may not
65-26 purchase more than $30 of materials for any inmate unless the
65-27 inmate has repaid the division in full for previous purchases of
66-1 materials.
66-2 SECTION 1.087. Section 501.014, Government Code, is amended
66-3 to read as follows:
66-4 Sec. 501.014. Inmate Money. (a) The <director of the>
66-5 institutional division shall take possession of all money that an
66-6 inmate has on the inmate's person when the inmate arrives at a
66-7 facility operated by the institutional division and all money the
66-8 inmate receives at the department after arriving at a facility
66-9 operated by the division and shall credit the money to a trust fund
66-10 created for the inmate. The institutional division shall carefully
66-11 search an inmate when the inmate arrives at a facility operated by
66-12 the division. The <director of the> institutional division may
66-13 spend money from a trust fund on the written order of the inmate in
66-14 whose name the fund is established subject to restrictions on the
66-15 expenditure established by law or policy <rule>. The department
66-16 shall ensure that each facility operated by or under contract with
66-17 the department shall operate a trust fund system that complies with
66-18 this section.
66-19 (b) If an inmate with money in a trust fund established
66-20 under Subsection (a) dies while confined in a facility operated by
66-21 the institutional division or escapes or is discharged and does not
66-22 claim the money, the <director of the> institutional division shall
66-23 attempt to give notice of the fund to the discharged inmate or to
66-24 the beneficiary or nearest known relative of a deceased, escaped,
66-25 or discharged inmate. On the presentation of a claim to the money
66-26 by a person entitled to the notice, the <director of the>
66-27 institutional division shall pay the money to the claimant.
67-1 (c) If money is unclaimed two years after the <director of
67-2 the> institutional division gives or attempts to give notice under
67-3 Subsection (b), or two years after the date of the death of an
67-4 inmate whose beneficiary or nearest relative is unknown, the
67-5 director of the institutional division shall make an affidavit
67-6 stating that the money is unclaimed and send the affidavit and
67-7 money to the state treasurer.
67-8 (d) Money forfeited to the state treasurer under Subsection
67-9 (c) escheats to the state.
67-10 (e) On notification by a court, the <director of the>
67-11 institutional division shall withdraw from an inmate's trust fund
67-12 any amount the inmate is ordered to pay by order of the court for
67-13 child support, restitution, fines, and court costs. The
67-14 institutional division <director> shall make a payment under this
67-15 subsection as ordered by the court to either the court or the party
67-16 specified in the court order. The <director, the> institutional
67-17 division<,> and the department are not liable for withdrawing or
67-18 failing to withdraw money or making payments or failing to make
67-19 payments under this subsection. The institutional division
67-20 <director> shall make withdrawals and payments from an inmate's
67-21 trust fund under this subsection according to the following
67-22 schedule of priorities:
67-23 (1) as payment in full for all orders for child
67-24 support;
67-25 (2) as payment in full for all orders for restitution;
67-26 (3) as payment in full for all orders for fines; and
67-27 (4) as payment in full for all orders for court costs.
68-1 (f) The institutional division may place a hold on funds in
68-2 an inmate trust fund:
68-3 (1) to restore amounts withdrawn by the inmate against
68-4 uncollected funds;
68-5 (2) to correct accounting errors;
68-6 (3) to make restitution for wrongful withdrawals made
68-7 by an inmate from the trust fund of another inmate;
68-8 (4) to cover deposits until cleared;
68-9 (5) as directed by court order; or
68-10 (6) as part of an investigation by the department of
68-11 inmate conduct involving the use of trust funds or an investigation
68-12 in which activity in the trust fund is evidence.
68-13 SECTION 1.088. Sections 501.015(b) and (c), Government Code,
68-14 are amended to read as follows:
68-15 (b) When an inmate is released on parole, mandatory
68-16 supervision, or conditional pardon, the inmate is entitled to
68-17 receive $100 from the department and transportation at the expense
68-18 of the department to the location at which the inmate is required
68-19 to report to a parole officer by the department <pardons and
68-20 paroles division>. The inmate shall receive $50 on his release
68-21 from the institution and $50 on initially reporting to a parole
68-22 officer at the location at which the inmate is required to report
68-23 to a parole officer. If an inmate is released and is not required
68-24 by the department <pardons and paroles division> to report to a
68-25 parole officer or is authorized by the department <pardons and
68-26 paroles division> to report to a location outside this state, the
68-27 department shall provide the inmate with $100 and, at the expense
69-1 of the department, transportation to:
69-2 (1) the location of the inmate's residence, if the
69-3 residence is in this state; or
69-4 (2) a transit point determined appropriate by the
69-5 department, if the inmate's residence is outside this state or the
69-6 inmate is required by the department <pardons and paroles division>
69-7 to report to a location outside this state.
69-8 (c) The department <director of the institutional division>
69-9 may spend not more than $200 to defray the costs of transportation
69-10 or other expenses related to the burial of an inmate who dies while
69-11 confined in a facility operated by the institutional division.
69-12 SECTION 1.089. Section 501.016, Government Code, is amended
69-13 to read as follows:
69-14 Sec. 501.016. Discharge or Release Papers; Release Date.
69-15 (a) The department <director of the institutional division or the
69-16 director's executive assistant> shall prepare and provide an inmate
69-17 with the inmate's discharge or release papers when the inmate is
69-18 entitled to be discharged or to be released on parole, mandatory
69-19 supervision, or conditional pardon. The papers must be dated and
69-20 signed by the officer preparing the papers and bear the seal of the
69-21 department <board>. The papers must contain:
69-22 (1) the inmate's name;
69-23 (2) a statement of the offense or offenses for which
69-24 the inmate was sentenced;
69-25 (3) the date on which the defendant was sentenced and
69-26 the length of the sentence;
69-27 (4) the name of the county in which the inmate was
70-1 sentenced;
70-2 (5) the amount of calendar time the inmate actually
70-3 served;
70-4 (6) a statement of any trade learned by the inmate and
70-5 the inmate's proficiency at that trade; and
70-6 (7) the physical description of the inmate, as far as
70-7 practicable.
70-8 (b) If the release date of an inmate occurs on a Saturday,
70-9 Sunday, or legal holiday, the department <director of the
70-10 institutional division> may release the inmate on the preceding
70-11 workday.
70-12 SECTION 1.090. Section 501.017, Government Code, is amended
70-13 to read as follows:
70-14 Sec. 501.017. Cost of Confinement as Claim. (a) The
70-15 department <institutional division> may establish a claim and lien
70-16 against the estate of an inmate who dies while confined in a
70-17 facility operated by or under contract with the department
70-18 <division> for the cost to the department <division> of the
70-19 inmate's confinement.
70-20 (b) The department <institutional division> may not enforce
70-21 a claim or lien established under this section if the inmate has a
70-22 surviving spouse or a surviving dependent or disabled child.
70-23 (c) The department <institutional division> shall adopt
70-24 policies <rules> regarding recovery of the cost of confinement
70-25 through enforcement of claims or liens established under this
70-26 section. <The Criminal Justice Policy Council shall monitor the
70-27 activity of the institutional division in establishing and
71-1 enforcing claims or liens under this section. If the council
71-2 determines that the benefits obtained by the institutional division
71-3 do not exceed the costs to the division of establishing and
71-4 enforcing claims or liens, the council shall direct the division to
71-5 discontinue establishing claims and liens under this section.>
71-6 SECTION 1.091. Section 501.051, Government Code, is amended
71-7 to read as follows:
71-8 Sec. 501.051. Medical Facilities at University of Texas
71-9 Medical Branch. (a) The medical facility constructed by the
71-10 institutional division at The University of Texas Medical Branch at
71-11 Galveston shall be used as a teaching facility and be limited to
71-12 patients who are teaching patients, as long as the medical facility
71-13 is used for the treatment of department <division> patients. The
71-14 Board of Regents of The University of Texas System shall maintain
71-15 and operate the facility and provide professional staff services
71-16 necessary for the care of patients in the facility, except that the
71-17 department <institutional division> shall provide security at the
71-18 facility. The facility shall provide the same level of care as is
71-19 provided for patients in other facilities of The University of
71-20 Texas Medical Branch at Galveston.
71-21 (b) If the medical facility ceases to be used for department
71-22 <institutional division> patients, the facility shall revert to the
71-23 medical branch for its use and be operated under the exclusive
71-24 management and control of the Board of Regents of The University of
71-25 Texas System.
71-26 (c) The medical facility shall be operated with funds
71-27 appropriated for that purpose.
72-1 (d) The department <institutional division> shall establish
72-2 and maintain an overnight holding facility for inmate outpatients
72-3 at The University of Texas Medical Branch at Galveston.
72-4 (e) The department <institutional division> and The
72-5 University of Texas Medical Branch at Galveston shall by rule adopt
72-6 a memorandum of understanding that establishes the responsibilities
72-7 of the department <division> and the medical branch in maintaining
72-8 the department's <division's> medical facility, providing security,
72-9 and providing medical care. The memorandum must also establish a
72-10 joint peer review committee and a joint utilization review
72-11 committee. Each committee shall be composed of medical personnel
72-12 employed by the department <institutional division> and by the
72-13 medical branch. The joint peer review committee shall review all
72-14 case files to determine whether the quality of medical care
72-15 provided is adequate, according to accepted medical standards. The
72-16 joint utilization review committee shall review all case files to
72-17 determine whether treatment given is medically necessary under the
72-18 circumstances of each case, taking into account accepted medical
72-19 standards. The department <institutional division> shall
72-20 coordinate the development of the memorandum of understanding.
72-21 SECTION 1.092. Section 501.052, Government Code, is amended
72-22 to read as follows:
72-23 Sec. 501.052. Medical Residencies. The department
72-24 <institutional division> may establish a residency program or a
72-25 rotation program to employ or train physicians to treat inmates in
72-26 the department <division>.
72-27 SECTION 1.093. Section 501.053, Government Code, is amended
73-1 to read as follows:
73-2 Sec. 501.053. Reports of Physician Misconduct. (a) If the
73-3 department <institutional division> receives an allegation that a
73-4 physician employed or under contract with the department <division>
73-5 has committed an action that constitutes a ground for the denial or
73-6 revocation of the physician's license under Section 3.08, Medical
73-7 Practice Act (Article 4495b, Vernon's Texas Civil Statutes), the
73-8 department <division> shall report the information to the Texas
73-9 State Board of Medical Examiners in the manner provided by Section
73-10 4.02 of that Act.
73-11 (b) The department <institutional division> shall provide
73-12 the Texas State Board of Medical Examiners with a copy of any
73-13 report or finding relating to an investigation of an allegation
73-14 reported to the board.
73-15 SECTION 1.094. Section 501.054, Government Code, is amended
73-16 to read as follows:
73-17 Sec. 501.054. AIDS and HIV Education; Testing. (a) In this
73-18 section, "AIDS," "HIV," and "test result" have the meanings
73-19 assigned by Section 81.101, Health and Safety Code.
73-20 (b) The department <institutional division>, in consultation
73-21 with the Texas Department of Health, shall establish education
73-22 programs to educate inmates and employees of the department
73-23 <division> about AIDS and HIV. In establishing the programs for
73-24 inmates, the department <institutional division> shall design a
73-25 program that deals with issues related to AIDS and HIV that are
73-26 relevant to inmates while confined and a program that deals with
73-27 issues related to AIDS and HIV that will be relevant to inmates
74-1 after the inmates are released <from the division>. The department
74-2 <institutional division> shall design the programs to take into
74-3 account relevant cultural and other differences among inmates. The
74-4 department <institutional division> shall require each inmate in a
74-5 facility operated by the department <division> to participate in
74-6 education programs established under this subsection.
74-7 (c) The department <director of the institutional division>
74-8 shall require each employee of the department <division> to
74-9 participate in programs established under this section at least
74-10 once during each calendar year.
74-11 (d) The department <director of the institutional division>
74-12 shall ensure that education programs for employees include
74-13 information and training relating to infection control procedures.
74-14 The department <director> shall also ensure that employees have
74-15 infection control supplies and equipment readily available.
74-16 (e) The department <institutional division>, in consultation
74-17 with the Texas Department of Health, shall periodically revise
74-18 education programs established under this section so that the
74-19 programs reflect the latest medical information available on AIDS
74-20 and HIV.
74-21 (f) The department <institutional division> shall adopt a
74-22 policy for handling persons with AIDS or HIV infection who are in
74-23 the <division's> custody of the department or under the
74-24 department's supervision. The policy must be substantially similar
74-25 to a model policy developed by the Texas Department of Health under
74-26 Subchapter G, Chapter 85, Health and Safety Code <Article 4419b-3,
74-27 Revised Statutes>.
75-1 (g) The department <institutional division> shall maintain
75-2 the confidentiality of test results of an inmate indicating HIV
75-3 infection after the inmate's discharge, release from a state jail,
75-4 or release on parole or mandatory supervision and may not honor the
75-5 request of an agency of the state or any person who requests a test
75-6 result as a condition of housing or supervising the inmate while
75-7 the inmate is on community supervision or parole or mandatory
75-8 supervision, unless honoring the request would improve the ability
75-9 of the inmate to obtain essential health and social services.
75-10 (h) The department <institutional division> shall report to
75-11 the legislature not later than January 15 of each odd-numbered year
75-12 concerning the implementation of this section and the participation
75-13 of inmates and employees of the department <division> in education
75-14 programs established under this section.
75-15 (i) The institutional division may test an inmate confined
75-16 in a facility operated by the division for human immunodeficiency
75-17 virus. If the institutional division determines that an inmate has
75-18 a positive test result, the division may segregate the inmate from
75-19 other inmates.
75-20 SECTION 1.095. Section 501.055, Government Code, is amended
75-21 to read as follows:
75-22 Sec. 501.055. REPORT OF INMATE DEATH<; CRIMINAL PENALTY>.
75-23 (a) If an inmate dies while confined in a facility operated by or
75-24 under contract with the department <the custody of the
75-25 institutional division>, <the director of the institutional
75-26 division, or> an employee of the facility who is <division> in
75-27 charge of the inmate shall immediately notify the nearest justice
76-1 of the peace serving in the county in which the inmate died and the
76-2 office of internal affairs for the department. The justice shall
76-3 personally inspect the body and make an inquiry as to the cause of
76-4 death. The justice shall make written copies of evidence taken
76-5 during the inquest, and give one copy to the director and one copy
76-6 to a district judge serving in the county in which the inmate died.
76-7 The judge shall provide the copy to the grand jury and, if the
76-8 judge determines the evidence indicates wrongdoing, instruct the
76-9 grand jury to thoroughly investigate the cause of death.
76-10 (b) Subsection (a) does not apply if the inmate:
76-11 (1) dies of natural causes while attended by a
76-12 physician and an autopsy is scheduled to be performed; or
76-13 (2) is lawfully executed <An employee of the
76-14 institutional division commits an offense if the employee is in
76-15 charge of an inmate who dies and the employee fails to immediately
76-16 notify a justice of the peace of the death in the manner required
76-17 by Subsection (a).>
76-18 <(c) An offense under Subsection (b) is a misdemeanor
76-19 punishable by:>
76-20 <(1) a fine of not less than $100 or more than $500;
76-21 and>
76-22 <(2) confinement in jail for not less than 60 days or
76-23 more than one year>.
76-24 SECTION 1.096. Section 501.056, Government Code, is amended
76-25 to read as follows:
76-26 Sec. 501.056. Contract for Care of Mentally Ill and Mentally
76-27 Retarded Inmates. The department <institutional division> shall
77-1 contract with the Texas Department of Mental Health and Mental
77-2 Retardation for provision of Texas Department of Mental Health and
77-3 Mental Retardation facilities, treatment, and habilitation for
77-4 mentally ill and mentally retarded inmates in the custody of the
77-5 department <division>. The contract must provide:
77-6 (1) detailed characteristics of the mentally ill
77-7 inmate population and the mentally retarded inmate population to be
77-8 affected under the contract;
77-9 (2) for the respective responsibilities of the Texas
77-10 Department of Mental Health and Mental Retardation and the
77-11 department <institutional division> with regard to the care and
77-12 supervision of the affected inmates; and
77-13 (3) that the department <division> remains responsible
77-14 for security.
77-15 SECTION 1.097. Section 501.057, Government Code, is amended
77-16 to read as follows:
77-17 Sec. 501.057. Civil Commitment Before Parole. (a) The
77-18 department <institutional division and the pardons and paroles
77-19 division> shall establish a system to identify mentally ill inmates
77-20 who are nearing eligibility for release on parole.
77-21 (b) <The institutional division shall provide the pardons
77-22 and paroles division with the names of inmates determined by the
77-23 institutional division to be mentally ill.> Not later than the
77-24 30th day before the initial parole eligibility date of an inmate
77-25 identified as mentally ill, <the pardons and paroles division shall
77-26 notify the institutional division that the inmate is about to reach
77-27 the inmate's initial parole eligibility date. After receiving
78-1 notice under this subsection,> an institutional division
78-2 psychiatrist shall examine the inmate. The psychiatrist shall file
78-3 a sworn application for court-ordered temporary mental health
78-4 services under Chapter 574 <3>, <Texas Mental> Health and Safety
78-5 Code <(Article 5547-26 et seq., Vernon's Texas Civil Statutes)>, if
78-6 the psychiatrist determines that the inmate is mentally ill and as
78-7 a result of the illness the inmate meets at least one of the
78-8 criteria listed in Section 574.034 <50>, <Texas Mental> Health and
78-9 Safety Code <(Article 5547-50, Vernon's Texas Civil Statutes)>.
78-10 (c) The psychiatrist shall include with the application a
78-11 sworn certificate of medical examination for mental illness in the
78-12 form prescribed by Section 574.011 <33>, <Texas Mental> Health and
78-13 Safety Code <(Article 5547-33, Vernon's Texas Civil Statutes)>.
78-14 (d) The institutional division is liable for costs incurred
78-15 for a hearing under Chapter 574 <3>, <Texas Mental> Health and
78-16 Safety Code <(Article 5547-26 et seq., Vernon's Texas Civil
78-17 Statutes)>, that follows an application filed by a division
78-18 psychiatrist under this section.
78-19 SECTION 1.098. Sections 501.093(a) and (c), Government Code,
78-20 are amended to read as follows:
78-21 (a) The department <institutional division, the pardons and
78-22 paroles division>, the Texas Department of Mental Health and Mental
78-23 Retardation, and the Texas Commission on Alcohol and Drug Abuse
78-24 shall by rule adopt a memorandum of understanding that establishes
78-25 their respective responsibilities to establish a continuity of care
78-26 program for inmates with a history of drug or alcohol abuse.
78-27 (c) The memorandum of understanding must establish methods
79-1 for:
79-2 (1) identifying inmates with a history of drug or
79-3 alcohol abuse;
79-4 (2) notifying the parole <pardons and paroles>
79-5 division, the Texas Department of Mental Health and Mental
79-6 Retardation, and the commission as to when an inmate with a history
79-7 of drug or alcohol abuse is to be released and as to the inmate's
79-8 release destination;
79-9 (3) identifying the services needed by inmates with a
79-10 history of drug or alcohol abuse to reenter the community
79-11 successfully; and
79-12 (4) determining the manner in which each agency that
79-13 participates in the establishment of the memorandum can share
79-14 information about inmates and use that information to provide
79-15 continuity of care.
79-16 SECTION 1.099. Sections 501.095(a) and (c), Government Code,
79-17 are amended to read as follows:
79-18 (a) The department <institutional division, the pardons and
79-19 paroles division,> and the Texas Employment Commission shall by
79-20 rule adopt a memorandum of understanding that establishes their
79-21 respective responsibilities to establish a continuity of care
79-22 program for inmates with a history of chronic unemployment.
79-23 (c) The memorandum of understanding must establish methods
79-24 for:
79-25 (1) identifying inmates with a history of chronic
79-26 unemployment;
79-27 (2) notifying the parole <pardons and paroles>
80-1 division and the commission as to when an inmate with a history of
80-2 chronic unemployment is to be released and as to the inmate's
80-3 release destination;
80-4 (3) identifying the services needed by inmates with a
80-5 history of chronic unemployment to reenter the community
80-6 successfully; and
80-7 (4) determining the manner in which each agency that
80-8 participates in the establishment of the memorandum can share
80-9 information about inmates and use that information to provide
80-10 continuity of care.
80-11 SECTION 1.100. Section 501.096(d), Government Code, is
80-12 amended to read as follows:
80-13 (d) The department <institutional division and the pardons
80-14 and paroles division> shall determine <cooperate in determining>
80-15 the special needs of inmates who have served long terms of
80-16 confinement in the institutional division and shall identify and
80-17 develop community resources to meet those needs.
80-18 SECTION 1.101. Section 507.001, Government Code, is amended
80-19 to read as follows:
80-20 Sec. 507.001. Authority to Operate or Contract for State
80-21 Jail Felony Facilities. (a) The state jail division may operate,
80-22 maintain, and manage state jail felony facilities to confine
80-23 inmates described by Section 507.002, and the department <board>
80-24 may finance and construct those facilities. The state jail
80-25 division, with the approval of the board, may contract with the
80-26 institutional division, a private vendor, a community supervision
80-27 and corrections department, or the commissioners court of a county
81-1 for the construction, operation, maintenance, or management of a
81-2 state jail felony facility. The community justice assistance
81-3 division shall assist the state jail division to<, with the
81-4 approval of the board, may> contract with <or make a grant to> a
81-5 community supervision and corrections department for the
81-6 construction, operation, maintenance, or management of a state jail
81-7 felony facility. The state jail division shall consult with the
81-8 community justice assistance division before contracting with a
81-9 community supervision and corrections department under this
81-10 section. A community supervision and corrections department or the
81-11 commissioners court of a county that contracts <or receives a
81-12 grant> under this section may subcontract with a private vendor for
81-13 the provision of any or all services described by this subsection.
81-14 A community supervision and corrections department that contracts
81-15 <or receives a grant> under this section may subcontract with the
81-16 commissioners court of a county for the provision of any or all
81-17 services described by this subsection. The board may contract with
81-18 a private vendor or the commissioners court of a county for the
81-19 financing or construction of a state jail felony facility.
81-20 (b) The community justice assistance division<, after
81-21 consultation with the advisory committee on community supervision
81-22 and corrections department management to the judicial advisory
81-23 council to the community justice assistance division,> shall assist
81-24 the state jail division in consulting with community supervision
81-25 and corrections departments to establish <adopt reasonable rules
81-26 and procedures establishing> minimum requirements for work programs
81-27 and programs of rehabilitation, education, and recreation in state
82-1 jail felony facilities <operated under contracts with or grants
82-2 from the community justice assistance division>. For each state
82-3 jail felony facility <operated by or for the state jail division>,
82-4 the state jail division shall consult with the community justice
82-5 assistance division, the Windham School District, <request the
82-6 assistance of> the community supervision and corrections
82-7 departments, and the community justice councils served by the
82-8 facility in developing work programs and programs of
82-9 rehabilitation, education, and recreation for defendants confined
82-10 in the facility. <In developing the programs, the state jail
82-11 division and the community justice assistance division shall
82-12 attempt to structure programs so that they are operated on a 90-day
82-13 cycle.>
82-14 (c) Services <The board shall ensure that a service>
82-15 described by Subsection (a) must be <is> provided in compliance
82-16 with standards established by the board<, whether the board, the
82-17 state jail division, or the community justice assistance division
82-18 provides the service or contracts with or makes a grant to an
82-19 entity listed in Subsection (a) for the provision of the service>.
82-20 Programs <The board shall ensure that a program> described by
82-21 Subsection (b) must be <is> provided in compliance with minimum
82-22 requirements established under Subsection (b)<, whether the state
82-23 jail division or the community justice assistance division provides
82-24 the service or contracts with or makes a grant to an entity listed
82-25 in Subsection (a) for the provision of the service>.
82-26 (d) A state jail felony facility authorized by this
82-27 subchapter may be located on private land or on land owned by the
83-1 federal government, the state, a community supervision and
83-2 corrections department, or a political subdivision of the state.
83-3 The board may accept land donated for that purpose.
83-4 (e) A commissioners court of a county or a community
83-5 supervision and corrections department may not enter into a
83-6 contract <or receive a grant> under this section unless:
83-7 (1) the commissioners court or department first
83-8 consults with the community justice council serving the county or
83-9 serving the department; and
83-10 (2) the most recent community justice plan for the
83-11 county or department served by the community justice council that
83-12 has been approved by the community justice assistance division
83-13 describes the contract <or grant>.
83-14 SECTION 1.102. Subchapter B, Chapter 507, Government Code,
83-15 is amended by adding Section 507.028 to read as follows:
83-16 Sec. 507.028. FURLOUGH PROGRAM. (a) The state jail
83-17 division may grant a furlough to a defendant so that the defendant
83-18 may:
83-19 (1) obtain a medical diagnosis or medical treatment;
83-20 (2) obtain treatment and supervision at a Texas
83-21 Department of Mental Health and Mental Retardation facility;
83-22 (3) attend a funeral or visit a critically ill
83-23 relative; or
83-24 (4) participate in any other activity that is
83-25 appropriate as determined by division policy.
83-26 (b) The state jail division shall adopt policies for the
83-27 administration of the furlough program.
84-1 (c) A defendant furloughed under this section is considered
84-2 to be in the custody of the state jail division, even if the
84-3 defendant is not under physical guard while furloughed.
84-4 SECTION 1.103. Subchapter B, Chapter 507, Government Code,
84-5 is amended by adding Section 507.029 to read as follows:
84-6 Sec. 507.029. USE OF INMATE LABOR. The department may use
84-7 the labor of inmates of the institutional division in any work or
84-8 community service program or project performed by the state jail
84-9 division.
84-10 SECTION 1.104. Subchapter B, Chapter 507, Government Code,
84-11 is amended by adding Section 507.030 to read as follows:
84-12 Sec. 507.030. VISITATION. (a) The state jail division
84-13 shall allow the governor, members of the legislature, and officials
84-14 of the executive and judicial branches to enter during business
84-15 hours any part of a facility operated by the division, for the
84-16 purpose of observing the operations of the division. A visitor
84-17 described by this subsection may talk with defendants away from
84-18 division employees.
84-19 (b) The state jail division shall establish a visitation
84-20 policy for persons confined in state jail felony facilities.
84-21 SECTION 1.105. Article 2.12, Code of Criminal Procedure, as
84-22 amended by Chapters 339, 695, and 912, Acts of the 73rd
84-23 Legislature, Regular Session, 1993, is amended to read as follows:
84-24 Art. 2.12. Who are peace officers. The following are peace
84-25 officers:
84-26 (1) sheriffs and their deputies;
84-27 (2) constables and deputy constables;
85-1 (3) marshals or police officers of an incorporated
85-2 city, town, or village;
85-3 (4) rangers and officers commissioned by the Public
85-4 Safety Commission and the Director of the Department of Public
85-5 Safety;
85-6 (5) investigators of the district attorneys', criminal
85-7 district attorneys', and county attorneys' offices;
85-8 (6) law enforcement agents of the Texas Alcoholic
85-9 Beverage Commission;
85-10 (7) each member of an arson investigating unit
85-11 commissioned by a city, a county, or the state;
85-12 (8) officers commissioned under Section 21.483,
85-13 Education Code, or Subchapter E, Chapter 51, Education Code;
85-14 (9) officers commissioned by the General Services
85-15 Commission;
85-16 (10) law enforcement officers commissioned by the
85-17 Parks and Wildlife Commission;
85-18 (11) airport police officers commissioned by a city
85-19 with a population of more than one million, according to the most
85-20 recent federal census, that operates an airport that serves
85-21 commercial air carriers;
85-22 (12) airport security personnel commissioned as peace
85-23 officers by the governing body of any political subdivision of this
85-24 state, other than a city described by Subdivision (11), that
85-25 operates an airport that serves commercial air carriers;
85-26 (13) municipal park and recreational patrolmen and
85-27 security officers;
86-1 (14) security officers commissioned as peace officers
86-2 by the State Treasurer;
86-3 (15) officers commissioned by a water control and
86-4 improvement district under Section 51.132, Water Code;
86-5 (16) officers commissioned by a board of trustees
86-6 under Chapter 341, Acts of the 57th Legislature, Regular Session,
86-7 1961 (Article 1187f, Vernon's Texas Civil Statutes);
86-8 (17) investigators commissioned by the Texas State
86-9 Board of Medical Examiners;
86-10 (18) officers commissioned by the board of managers of
86-11 the Dallas County Hospital District, the Tarrant County Hospital
86-12 District, or the Bexar County Hospital District under Section
86-13 281.057, Health and Safety Code;
86-14 (19) county park rangers commissioned under Subchapter
86-15 E, Chapter 351, Local Government Code;
86-16 (20) investigators employed by the Texas Racing
86-17 Commission;
86-18 (21) officers commissioned by the State Board of
86-19 Pharmacy;
86-20 (22) officers commissioned by the governing body of a
86-21 metropolitan rapid transit authority under Section 13, Chapter 141,
86-22 Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
86-23 Vernon's Texas Civil Statutes), or by a regional transportation
86-24 authority under Section 10, Chapter 683, Acts of the 66th
86-25 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
86-26 Civil Statutes);
86-27 (23) officers commissioned by the Texas High-Speed
87-1 Rail Authority;
87-2 (24) investigators commissioned by the attorney
87-3 general under Section 402.009, Government Code;
87-4 (25) security officers and investigators commissioned
87-5 as peace officers under Chapter 466, Government Code; <and>
87-6 (26) an officer employed by the Texas Department of
87-7 Health under Section 431.2471, Health and Safety Code; <.>
87-8 (27) <(26)> officers appointed by an appellate court
87-9 under Subchapter F, Chapter 53, Government Code; <.>
87-10 (28) <(26)> officers commissioned by the state fire
87-11 marshal under Chapter 417, Government Code; and
87-12 (29) officers employed by the Texas Department of
87-13 Criminal Justice and appointed by the executive director of the
87-14 department under Section 493.015, Government Code.
87-15 SECTION 1.106. (a) The chapter heading of Chapter 495,
87-16 Government Code, is amended to read as follows:
87-17 CHAPTER 495. <INSTITUTIONAL DIVISION:> CONTRACTS
87-18 FOR CORRECTIONAL FACILITIES AND SERVICES
87-19 (b) The chapter heading of Chapter 496, Government Code, is
87-20 amended to read as follows:
87-21 CHAPTER 496. <INSTITUTIONAL DIVISION:> LAND AND PROPERTY
87-22 (c) The subchapter heading of Subchapter A, Chapter 496,
87-23 Government Code, is amended to read as follows:
87-24 SUBCHAPTER A. <INSTITUTIONAL DIVISION> LAND
87-25 (d) The chapter heading of Chapter 497, Government Code, is
87-26 amended to read as follows:
87-27 CHAPTER 497. <INSTITUTIONAL DIVISION:> INDUSTRY
88-1 AND AGRICULTURE; LABOR OF INMATES
88-2 (e) The chapter heading of Chapter 499, Government Code, is
88-3 amended to read as follows:
88-4 CHAPTER 499. <INSTITUTIONAL DIVISION:> POPULATION
88-5 MANAGEMENT; SPECIAL PROGRAMS
88-6 (f) The chapter heading of Chapter 500, Government Code, is
88-7 amended to read as follows:
88-8 CHAPTER 500. <INSTITUTIONAL DIVISION:> MISCELLANEOUS
88-9 DISCIPLINARY MATTERS
88-10 (g) The chapter heading of Chapter 501, Government Code, is
88-11 amended to read as follows:
88-12 CHAPTER 501. <INSTITUTIONAL DIVISION:> INMATE WELFARE
88-13 SECTION 1.107. Section 38.01(2), Penal Code, is amended to
88-14 read as follows:
88-15 (2) "Escape" means unauthorized departure from custody
88-16 or failure to return to custody following temporary leave for a
88-17 specific purpose or limited period or leave that is part of an
88-18 intermittent sentence, but does not include a violation of
88-19 conditions of community supervision or parole other than conditions
88-20 that impose a period of confinement in a secure correctional
88-21 facility.
88-22 SECTION 1.108. Section 39.05, Penal Code, is amended to read
88-23 as follows:
88-24 Sec. 39.05. FAILURE TO REPORT DEATH OF PRISONER. (a) A
88-25 person commits an offense if the person is required to conduct an
88-26 investigation and file a report by Article 49.18, Code of Criminal
88-27 Procedure, and the person fails to investigate the death, fails to
89-1 file the report as required, or fails to include in a filed report
89-2 facts known or discovered in the investigation.
89-3 (b) A person commits an offense if the person is required by
89-4 Section 501.055, Government Code, to:
89-5 (1) give notice of the death of an inmate and the
89-6 person fails to give the notice; or
89-7 (2) conduct an investigation and file a report and the
89-8 person:
89-9 (A) fails to conduct the investigation or file
89-10 the report; or
89-11 (B) fails to include in the report facts known
89-12 to the person or discovered by the person in the investigation.
89-13 (c) An offense under this section is a Class B misdemeanor.
89-14 SECTION 1.109. Article 49.04(a), Code of Criminal Procedure,
89-15 is amended to read as follows:
89-16 (a) A justice of the peace shall conduct an inquest into the
89-17 death of a person who dies in the county served by the justice if:
89-18 (1) the person dies in prison under circumstances
89-19 other than those described by Section 501.055(b), Government Code,
89-20 or in jail;
89-21 (2) the person dies an unnatural death from a cause
89-22 other than a legal execution;
89-23 (3) the body of the person is found and the cause or
89-24 circumstances of death are unknown;
89-25 (4) the circumstances of the death indicate that the
89-26 death may have been caused by unlawful means;
89-27 (5) the person commits suicide or the circumstances of
90-1 the death indicate that the death may have been caused by suicide;
90-2 (6) the person dies without having been attended by a
90-3 physician;
90-4 (7) the person dies while attended by a physician who
90-5 is unable to certify the cause of death and who requests the
90-6 justice of the peace to conduct an inquest; or
90-7 (8) the person is a child who is younger than 18
90-8 months of age and the suspected cause of death is sudden infant
90-9 death syndrome.
90-10 SECTION 1.110. Article 49.18, Code of Criminal Procedure, is
90-11 amended by adding Subsection (c) to read as follows:
90-12 (c) This article does not apply to a death that occurs in a
90-13 facility operated by or under contract with the Texas Department of
90-14 Criminal Justice.
90-15 SECTION 1.111. Chapter 614, Health and Safety Code, is
90-16 amended by adding Section 614.017 to read as follows:
90-17 Sec. 614.017. EXCHANGE OF INFORMATION. (a) An agency
90-18 authorized by this chapter to provide continuity of care for a
90-19 special needs offender may:
90-20 (1) receive information relating to an offender
90-21 regardless of whether other state law makes that information
90-22 confidential, if the agency receives the information to further the
90-23 purposes of this chapter; or
90-24 (2) disclose information relating to an offender,
90-25 including information about the offender's identity, needs,
90-26 treatment, social, criminal, and vocational history, and medical
90-27 and mental health history, if the agency discloses the information
91-1 to further the purposes of this chapter.
91-2 (b) This section is not intended to conflict with a federal
91-3 law that restricts the disclosure of information described by
91-4 Subsection (a).
91-5 SECTION 1.112. Subchapter B, Chapter 101, Civil Practice and
91-6 Remedies Code, is amended by adding Section 101.029 to read as
91-7 follows:
91-8 Sec. 101.029. LIABILITY FOR CERTAIN CONDUCT OF STATE PRISON
91-9 INMATES. (a) The Department of Criminal Justice is liable for
91-10 property damage, personal injury, and death proximately caused by
91-11 the wrongful act or omission or the negligence of an inmate or
91-12 state jail defendant housed in a facility operated by the
91-13 department if:
91-14 (1) the property damage, personal injury, or death
91-15 arises from the operation or use of a motor-driven vehicle or
91-16 motor-driven equipment;
91-17 (2) the inmate or defendant would be personally liable
91-18 to the claimant according to Texas law; and
91-19 (3) the act, omission, or negligence was committed by
91-20 the inmate or defendant acting in the course and scope of a task or
91-21 activity that:
91-22 (A) the inmate or defendant performed at the
91-23 request of an employee of the department; and
91-24 (B) the inmate or defendant performed under the
91-25 control or supervision of the department.
91-26 (b) This section does not apply to property damage, personal
91-27 injury, or death sustained by an inmate or state jail defendant.
92-1 SECTION 1.113. Sections 494.005, 494.009, 494.010, 494.011
92-2 (as added by Chapter 988, Acts of the 73rd Legislature, Regular
92-3 Session, 1993), 499.006, 499.051, 499.054, 499.072, and 507.006(c),
92-4 Government Code, are repealed.
92-5 SECTION 1.114. (a) The amendment by this article to Section
92-6 501.055, Government Code, does not apply to an offense committed
92-7 under Subsection (c) of that section before the effective date of
92-8 this article. An offense under Subsection (c) of that section
92-9 committed before the effective date of this article is covered by
92-10 Section 501.055 as it existed on the date on which the offense was
92-11 committed, and the former law is continued in effect for that
92-12 purpose.
92-13 (b) The amendments made by this article to Sections 38.01
92-14 and 39.05, Penal Code, apply only to offenses committed on or after
92-15 the effective date of this article. An offense committed before
92-16 the effective date of this article is covered by the law in effect
92-17 when the offense was committed, and the former law is continued in
92-18 effect for that purpose.
92-19 (c) For purposes of this section, an offense is committed
92-20 before the effective date of this article if any element of the
92-21 offense occurs before that date.
92-22 SECTION 1.115. The change in law made by this article to
92-23 Chapter 101, Civil Practice and Remedies Code, applies only to a
92-24 cause of action that accrues on or after the effective date of this
92-25 article. An action that accrued before the effective date of this
92-26 article is governed by the law applicable to the action as it
92-27 existed immediately before the effective date of this article, and
93-1 that law is continued in effect for that purpose.
93-2 SECTION 1.116. (a) Except as provided by Subsection (b),
93-3 this article takes effect September 1, 1995.
93-4 (b) Sections 1.020, 1.025, and 1.066 take effect
93-5 immediately.
93-6 ARTICLE 2
93-7 SECTION 2.001. Section 2, Article 42.18, Code of Criminal
93-8 Procedure, is amended by amending Subdivisions (1), (2), (5), and
93-9 (8) and by adding Subdivision (9) to read as follows:
93-10 (1) "Parole" means the discretionary and conditional
93-11 release of an eligible prisoner sentenced to <from the physical
93-12 custody of> the institutional division so that the prisoner may <of
93-13 the Texas Department of Criminal Justice if the prisoner
93-14 contractually agrees to> serve the remainder of his sentence under
93-15 the supervision and control of the parole <pardons and paroles>
93-16 division. Parole shall not be construed to mean a commutation of
93-17 sentence or any other form of executive clemency.
93-18 (2) "Mandatory supervision" means the release of an
93-19 eligible prisoner sentenced to <from the physical custody of> the
93-20 institutional division so that the prisoner may <but not on parole,
93-21 to> serve the remainder of his sentence not on parole but under the
93-22 supervision and control of the parole <pardons and paroles>
93-23 division. Mandatory supervision may not be construed as a
93-24 commutation of sentence or any other form of executive clemency.
93-25 (5) "Director" means the director of the parole
93-26 <pardons and paroles> division.
93-27 (8) "Division <Pardons and paroles division>" means
94-1 the parole <pardons and paroles> division of the Texas Department
94-2 of Criminal Justice.
94-3 (9) "Department" means the Texas Department of
94-4 Criminal Justice.
94-5 SECTION 2.002. Sections 4(a), (b), (c), (g), and (h),
94-6 Article 42.18, Code of Criminal Procedure, are amended to read as
94-7 follows:
94-8 (a) Board members must be representative of the general
94-9 public. A member must be a resident citizen of this state and must
94-10 have resided in this state for the two years preceding appointment.
94-11 A person is not eligible for appointment as a public member if the
94-12 person or the person's spouse:
94-13 (1) is employed by or participates in the management
94-14 of a business entity or other organization receiving funds from the
94-15 department or the board <Texas Department of Criminal Justice>;
94-16 (2) owns or controls directly or indirectly more than
94-17 a 10 percent interest in a business entity or other organization
94-18 regulated by the department <Texas Department of Criminal Justice>
94-19 or receiving funds from the department or the board; or
94-20 (3) uses or receives a substantial amount of tangible
94-21 goods, services, or funds from the department or the board <Texas
94-22 Department of Criminal Justice>, other than compensation or
94-23 reimbursement authorized by law for board membership, attendance,
94-24 or expenses.
94-25 (b) An employee or paid officer or consultant of a trade
94-26 association in the field of criminal justice may not be a member of
94-27 the board or an employee of the <pardons and paroles> division or
95-1 the board. A person who is the spouse of any manager or paid
95-2 consultant of a trade association in the field of criminal justice
95-3 may not be a member of the board and may not be an employee of the
95-4 <pardons and paroles> division or the board, including an employee
95-5 exempt from the state's classification plan, who is compensated at
95-6 or above the amount prescribed by the General Appropriations Act
95-7 for step 1, salary group 17, of the position classification salary
95-8 schedule. For the purposes of this section, a trade association is
95-9 a nonprofit, cooperative, and voluntarily joined association of
95-10 business or professional competitors designed to assist its members
95-11 and its industry or profession in dealing with mutual business or
95-12 professional problems and in promoting their common interests.
95-13 (c) A person who is required to register as a lobbyist under
95-14 Chapter 305, Government Code, by virtue of the person's activities
95-15 for compensation in or on behalf of a profession related to the
95-16 operation of the board, may not serve as a member of the board or
95-17 act as the general counsel to the <pardons and paroles> division.
95-18 (g) If the director has knowledge that a potential ground
95-19 for removal exists, the director shall notify the chairman of the
95-20 board <Texas Board of Criminal Justice> of the ground. The
95-21 chairman of the board <Texas Board of Criminal Justice> shall then
95-22 notify the governor that a potential ground for removal exists.
95-23 (h) The financial transactions of the <pardons and paroles>
95-24 division and the board are subject to audit by the state auditor in
95-25 accordance with Chapter 321, Government Code.
95-26 SECTION 2.003. Section 6(b), Article 42.18, Code of Criminal
95-27 Procedure, is amended to read as follows:
96-1 (b) The executive director of the department <Texas
96-2 Department of Criminal Justice> shall hire the director. The
96-3 director is responsible for the day-to-day administration of the
96-4 <pardons and paroles> division.
96-5 SECTION 2.004. Section 7(a), Article 42.18, Code of Criminal
96-6 Procedure, is amended to read as follows:
96-7 (a) The members of the board shall:
96-8 (1) determine under Section <Sections> 8<(a)-(f)> of
96-9 this article which prisoners are to be released on parole;
96-10 (2) impose <determine> under Sections 8A and 8B <8(g)
96-11 and (j)> of this article conditions of parole and mandatory
96-12 supervision;
96-13 (3) perform the constitutional duties imposed on the
96-14 board by Article IV, Section 11, of the Texas Constitution; and
96-15 (4) <determine which prisoners may be released from
96-16 supervision and reporting under Section 15 of this article; and>
96-17 <(5)> determine under Section 14 of this article the
96-18 revocation of parole and mandatory supervision.
96-19 SECTION 2.005. Section 8, Article 42.18, Code of Criminal
96-20 Procedure, is amended to read as follows:
96-21 Sec. 8. ELIGIBILITY AND PROCEDURES FOR RELEASE<; CONDITIONS
96-22 ON RELEASE>. (a) A parole panel is authorized to release on
96-23 parole any person confined in any penal or correctional institution
96-24 who is eligible for parole under this section. A parole panel may
96-25 consider a person for release on parole if the person has been
96-26 sentenced to a term of imprisonment in the institutional division,
96-27 is confined in a jail or transfer facility in this state, a federal
97-1 correctional institution, or a jail or a correctional institution
97-2 in another state, and is eligible for parole. A parole panel may
97-3 release a person on parole during the parole month established for
97-4 the person if the panel determines that the person's release will
97-5 not increase the likelihood of harm to the public. The department
97-6 <institutional division> shall provide the board with sentence time
97-7 credit information on persons described in this subsection. <Good
97-8 time credit shall be calculated for a person as if the person were
97-9 confined in the institutional division during the entire time the
97-10 person was actually confined.> The period of parole shall be
97-11 equivalent to the maximum term for which the prisoner was sentenced
97-12 less calendar time actually served on the sentence. Every prisoner
97-13 while on parole shall remain in the legal custody of the <pardons
97-14 and paroles> division and shall be amenable to conditions of
97-15 supervision ordered by a parole panel or the department under this
97-16 article. All paroles shall issue upon order of a parole panel.
97-17 (b)(1) A prisoner under sentence of death is not eligible
97-18 for parole.
97-19 (2) If a prisoner is serving a life sentence for a
97-20 capital felony, the prisoner is not eligible for release on parole
97-21 until the actual calendar time the prisoner has served, without
97-22 consideration of good conduct time, equals 40 calendar years.
97-23 (3) If a prisoner, other than a prisoner described by
97-24 Subdivision (4) of this subsection, is serving a sentence for the
97-25 offenses listed in Subdivision (1)(A), (C), (D), (E), or (F) of
97-26 Section 3g(a), Article 42.12 of this code, or if the judgment
97-27 contains an affirmative finding under Subdivision (2) of Subsection
98-1 (a) of Section 3g of that article, he is not eligible for release
98-2 on parole until his actual calendar time served, without
98-3 consideration of good conduct time, equals one-half of the maximum
98-4 sentence or 30 calendar years, whichever is less, but in no event
98-5 shall he be eligible for release on parole in less than two
98-6 calendar years.
98-7 (4) If a prisoner is serving a sentence for which the
98-8 punishment is increased under Section 481.134, Health and Safety
98-9 Code, the prisoner is not eligible for release on parole until the
98-10 prisoner's actual calendar time served, without consideration of
98-11 good conduct time, equals five years or the maximum term to which
98-12 the prisoner was sentenced, whichever is less.
98-13 (5) Except as provided by Subsection (k) <(m)> of this
98-14 section, all other prisoners shall be eligible for release on
98-15 parole when their calendar time served plus good conduct time
98-16 equals one-fourth of the maximum sentence imposed or 15 years,
98-17 whichever is less.
98-18 (c) Except as otherwise provided by this subsection, a
98-19 prisoner who is not on parole shall be released to mandatory
98-20 supervision by order of the department <a parole panel> when the
98-21 calendar time he has served plus any accrued good conduct time
98-22 equal the maximum term to which he was sentenced. A prisoner
98-23 released to mandatory supervision shall, upon release, be deemed as
98-24 if released on parole. To the extent practicable, arrangements for
98-25 the prisoner's proper employment, maintenance, and care shall be
98-26 made prior to his release to mandatory supervision. The period of
98-27 mandatory supervision shall be for a period equivalent to the
99-1 maximum term for which the prisoner was sentenced less calendar
99-2 time actually served on the sentence. The time served on mandatory
99-3 supervision is calculated as calendar time. Every prisoner while
99-4 on mandatory supervision shall remain in the legal custody of the
99-5 state and shall be amenable to conditions of supervision ordered by
99-6 the parole panel or department. A prisoner may not be released to
99-7 mandatory supervision if the prisoner is serving a sentence for an
99-8 offense and the judgment for the offense contains an affirmative
99-9 finding under Subdivision (2), Subsection (a), Section 3g, Article
99-10 42.12, of this code or if the prisoner is serving a sentence for:
99-11 (1) a first degree felony under Section 19.02, Penal
99-12 Code (Murder);
99-13 (2) a capital felony under Section 19.03, Penal Code
99-14 (Capital Murder);
99-15 (3) a first degree felony or a second degree felony
99-16 under Section 20.04, Penal Code (Aggravated Kidnapping);
99-17 (4) a second degree felony under Section 22.011, Penal
99-18 Code (Sexual Assault);
99-19 (5) a second degree or first degree felony under
99-20 Section 22.02, Penal Code (Aggravated Assault);
99-21 (6) a first degree felony under Section 22.021, Penal
99-22 Code (Aggravated Sexual Assault);
99-23 (7) a first degree felony under Section 22.04, Penal
99-24 Code (Injury to a Child or an Elderly Individual);
99-25 (8) a first degree felony under Section 28.02, Penal
99-26 Code (Arson);
99-27 (9) a second degree felony under Section 29.02, Penal
100-1 Code (Robbery);
100-2 (10) a first degree felony under Section 29.03, Penal
100-3 Code (Aggravated Robbery);
100-4 (11) a first degree felony under Section 30.02, Penal
100-5 Code (Burglary)<, if the offense is punished under Subsection
100-6 (d)(2) or (d)(3) of that section>; or
100-7 (12) <(13)> a felony for which the punishment is
100-8 increased under Section 481.134, Health and Safety Code (Drug-Free
100-9 Zones).
100-10 (d)(1) If a prisoner is sentenced to consecutive felony
100-11 sentences under Article 42.08 of this code, a parole panel shall
100-12 designate during each sentence the date, if any, on which the
100-13 prisoner would have been eligible for release on parole if the
100-14 prisoner had been sentenced to serve a single sentence.
100-15 (2) For the purposes of Article 42.08 of this code,
100-16 the judgment and sentence of a prisoner sentenced for a felony,
100-17 other than the last sentence in a series of consecutive sentences,
100-18 cease to operate:
100-19 (A) when the actual calendar time served by the
100-20 prisoner equals the sentence imposed by the court; or
100-21 (B) on the date a parole panel designates as the
100-22 date on which the prisoner would have been eligible for release on
100-23 parole if the prisoner had been sentenced to serve a single
100-24 sentence.
100-25 (3) A parole panel may not treat consecutive sentences
100-26 as a single sentence for purposes of parole and may not release on
100-27 parole a prisoner sentenced to serve consecutive felony sentences
101-1 earlier than the date on which the prisoner becomes eligible for
101-2 release on parole from the last sentence imposed on the prisoner.
101-3 (4) Calendar time served and good conduct time accrued
101-4 by a prisoner that are used by a parole panel in determining when a
101-5 judgment and sentence cease to operate may not be used by the
101-6 panel:
101-7 (A) for the same purpose in determining that
101-8 date in a subsequent sentence in the same series of consecutive
101-9 sentences; or
101-10 (B) for determining the date on which a prisoner
101-11 becomes eligible for release on parole from the last sentence in a
101-12 series of consecutive sentences.
101-13 (e) Not later than the 120th day after the date on which a
101-14 prisoner is admitted to the institutional division, the department
101-15 <Texas Department of Criminal Justice> shall secure all pertinent
101-16 information relating to the prisoner, including but not limited to
101-17 the court judgment, any sentencing report, the circumstances of the
101-18 prisoner's offense, the prisoner's previous social history and
101-19 criminal record, the prisoner's physical and mental health record,
101-20 a record of the prisoner's conduct, employment history, and
101-21 attitude in prison, and any written comments or information
101-22 provided by local trial officials or victims of the offense. The
101-23 department <Texas Department of Criminal Justice> shall establish a
101-24 proposed program of measurable institutional progress that must be
101-25 submitted to the board at the time of the board's consideration of
101-26 the inmate's case for release. The board shall conduct an initial
101-27 review of an eligible inmate not later than the 180th day after the
102-1 date of the inmate's admission to the institutional division.
102-2 Before the inmate is approved for release to parole by the board,
102-3 the inmate must agree to participate in the programs and activities
102-4 described by the proposed program of measurable institutional
102-5 progress. The institutional division shall work closely with the
102-6 board to monitor the progress of the inmate in the institutional
102-7 division and shall report the progress to the board before the
102-8 inmate's release.
102-9 (f)(1) In this subsection:
102-10 (A) "close relative of a deceased victim" means
102-11 a person who was the spouse of a deceased victim at the time of the
102-12 victim's death, a parent of the deceased victim, or an adult
102-13 brother, sister, or child of the deceased victim;
102-14 (B) "guardian of a victim" means a person who is
102-15 the legal guardian of a victim, whether or not the legal
102-16 relationship between the guardian and victim exists because of the
102-17 age of the victim or the physical or mental incompetency of the
102-18 victim; and
102-19 (C) "victim" means a person who is a victim of
102-20 sexual assault, kidnapping, aggravated robbery, or felony
102-21 harassment or who has suffered bodily injury or death as the result
102-22 of the criminal conduct of another.
102-23 (2) Before a parole panel considers for parole a
102-24 prisoner who is serving a sentence for an offense in which a person
102-25 was a victim, the department <pardons and paroles division>, using
102-26 the name and address provided on the victim impact statement, shall
102-27 make a reasonable effort to notify a victim of the prisoner's crime
103-1 or if the victim has a legal guardian or is deceased, to notify the
103-2 legal guardian or close relative of the deceased victim. If the
103-3 notice is sent to a guardian or close relative of a deceased
103-4 victim, the notice must contain a request by the department
103-5 <pardons and paroles division> that the guardian or relative inform
103-6 other persons having an interest in the matter that the prisoner is
103-7 being considered for parole. If a hearing is held, the parole
103-8 panel shall allow a victim, guardian of a victim, close relative of
103-9 a deceased victim, or a representative of a victim or his guardian
103-10 or close relative to provide a written statement. This subsection
103-11 may not be construed to limit the number of persons who may provide
103-12 statements for or against the release of the prisoner on parole.
103-13 The parole panel shall consider the statements and the information
103-14 provided in a victim impact statement in determining whether or not
103-15 to recommend parole. However, the failure of the department
103-16 <pardons and paroles division> to comply with notice requirements
103-17 of this subsection is not a ground for revocation of parole.
103-18 (3) If a victim, guardian of a victim, or close
103-19 relative of a deceased victim would be entitled to notification of
103-20 parole consideration by the department <pardons and paroles
103-21 division> but for failure by that person to provide a victim impact
103-22 statement containing the person's name and address, the person is
103-23 nonetheless entitled to receive notice if the person files with the
103-24 department <pardons and paroles division> a written request for
103-25 that notification. After receiving such a written request, the
103-26 department <pardons and paroles division> shall grant to the person
103-27 all the privileges to which the person would be entitled had the
104-1 person submitted a victim impact statement. Before a prisoner is
104-2 released from the institutional division on parole or on the
104-3 release of a prisoner on mandatory supervision, the department
104-4 <pardons and paroles division> shall give notice of the release to
104-5 any person entitled to notification of parole consideration for the
104-6 prisoner because the person filed with the department <pardons and
104-7 paroles division> a victim impact statement or a request for
104-8 notification of a parole consideration.
104-9 (4) Except as necessary to comply with this section,
104-10 the board or the department <Texas Department of Criminal Justice>
104-11 may not disclose to any person the name or address of a victim or
104-12 other person entitled to notice under this section unless the
104-13 victim or that person approves the disclosure or the board or the
104-14 department is ordered to disclose the information by a court of
104-15 competent jurisdiction after the court determines that there is
104-16 good cause for disclosure.
104-17 (g) <(5)> Before ordering the parole of any prisoner, a
104-18 parole panel may have the prisoner appear before it and interview
104-19 him. A parole shall be ordered only for the best interest of
104-20 society, not as an award of clemency; it shall not be considered to
104-21 be a reduction of sentence or pardon. The board shall develop and
104-22 implement parole guidelines that shall be the basic criteria on
104-23 which parole decisions are made. The parole guidelines shall be
104-24 developed according to an acceptable research method and shall be
104-25 based on the seriousness of the offense and the likelihood of
104-26 favorable parole outcome. The board shall review the parole
104-27 guidelines periodically and make reports on those reviews to the
105-1 Legislative Criminal Justice Board. If a member of the board
105-2 deviates from the parole guidelines in casting a vote on a parole
105-3 decision, the member shall produce a brief written statement
105-4 describing the circumstances regarding the departure from the
105-5 guidelines and place a copy of the statement in the file of the
105-6 inmate for whom the parole decision was made. The board shall keep
105-7 a copy of each statement in a central location. A prisoner shall
105-8 be placed on parole only when arrangements have been made for his
105-9 employment or for his maintenance and care and when the parole
105-10 panel believes that he is able and willing to fulfill the
105-11 obligations of a law-abiding citizen. Every prisoner while on
105-12 parole shall remain in the legal custody of the <pardons and
105-13 paroles> division and shall be amenable to the conditions of
105-14 supervision ordered under this article.
105-15 <(g) The Texas Board of Criminal Justice may adopt such
105-16 other reasonable rules not inconsistent with law as it may deem
105-17 proper or necessary with respect to the eligibility of prisoners
105-18 for parole and mandatory supervision, the conduct of parole and
105-19 mandatory supervision hearings, or conditions to be imposed upon
105-20 parolees and persons released to mandatory supervision. Each
105-21 person to be released on parole shall be furnished a contract
105-22 setting forth in clear and intelligible language the conditions and
105-23 rules of parole. The parole panel may include as a condition of
105-24 parole or mandatory supervision any condition that a court may
105-25 impose on a probationer under Article 42.12 of this code, including
105-26 the condition that the person released submit to testing for
105-27 controlled substances or submit to electronic monitoring if the
106-1 parole panel determines that absent testing for controlled
106-2 substances or participation in an electronic monitoring program the
106-3 person would not be released on parole. Acceptance, signing, and
106-4 execution of the contract by the inmate to be paroled shall be a
106-5 precondition to release on parole. Persons released on mandatory
106-6 supervision shall be furnished a written statement setting forth in
106-7 clear and intelligible language the conditions and rules of
106-8 mandatory supervision. The parole panel may also require as a
106-9 condition of parole or release to mandatory supervision that the
106-10 person make payments in satisfaction of damages the person is
106-11 liable for under Article 6184p, Revised Statutes. The parole panel
106-12 shall require as a condition of parole or mandatory supervision
106-13 that the person register under Article 6252-13c.1, Revised
106-14 Statutes. The parole panel may require as a condition of parole or
106-15 release to mandatory supervision that the person attend counseling
106-16 sessions for substance abusers or participate in substance abuse
106-17 treatment services in a program or facility approved or licensed by
106-18 the Texas Commission on Alcohol and Drug Abuse if the person was
106-19 sentenced for an offense involving controlled substances or the
106-20 panel determines that the defendant's substance abuse was connected
106-21 to the commission of the offense.>
106-22 (h) <(g)> The board may adopt such other reasonable rules
106-23 not inconsistent with law as it may deem proper or necessary with
106-24 respect to the eligibility of prisoners for parole <and mandatory
106-25 supervision>, the conduct of parole <and mandatory supervision>
106-26 hearings, or conditions to be imposed upon parolees <and persons
106-27 released to mandatory supervision>. Each person to be released on
107-1 parole shall be furnished a written statement <contract> setting
107-2 forth in clear and intelligible language the conditions and rules
107-3 of parole. <The parole panel may include as a condition of parole
107-4 or mandatory supervision any condition that a court may impose on a
107-5 defendant placed on community supervision under Article 42.12 of
107-6 this code, including the condition that the person released submit
107-7 to testing for controlled substances or submit to electronic
107-8 monitoring if the parole panel determines that absent testing for
107-9 controlled substances or participation in an electronic monitoring
107-10 program the person would not be released on parole.> Acceptance
107-11 and<,> signing of the written statement<, and execution of the
107-12 contract> by the inmate to be paroled is <shall be> a precondition
107-13 to release on parole. Persons released on mandatory supervision
107-14 shall be furnished a written statement setting forth in clear and
107-15 intelligible language the conditions and rules of mandatory
107-16 supervision. <The parole panel may also require as a condition of
107-17 parole or release to mandatory supervision that the person make
107-18 payments in satisfaction of damages the person is liable for under
107-19 Section 500.002, Government Code. The parole panel shall require as
107-20 a condition of parole or mandatory supervision that the person
107-21 register under Article 6252-13c.1, Revised Statutes. The parole
107-22 panel shall require as a condition of parole or mandatory
107-23 supervision that an inmate who immediately before release is a
107-24 participant in the program established under Section 501.0931,
107-25 Government Code, participate in a drug or alcohol abuse continuum
107-26 of care treatment program.>
107-27 <(g-1) The Texas Commission on Alcohol and Drug Abuse shall
108-1 develop the continuum of care treatment program.>
108-2 (i) <(h)> It shall be the duty of the department <pardons
108-3 and paroles division> at least 10 days before a parole panel <the
108-4 board> orders the parole of any prisoner or at least 10 days after
108-5 recommending the granting of executive clemency by the governor to
108-6 notify the sheriff, the prosecuting attorney, and the district
108-7 judge in the county where such person was convicted and the county
108-8 to which the prisoner is released that such parole or clemency is
108-9 being considered by the board or by the governor. For any case in
108-10 which there was a change of venue, the department <pardons and
108-11 paroles division> shall notify those same officials in the county
108-12 in which the prosecution was originated if, no later than 30 days
108-13 after the date on which the defendant was sentenced, those
108-14 officials request in writing that the department <pardons and
108-15 paroles division> give them notice under this section of any future
108-16 release of the prisoner. Additionally, no later than the 10th day
108-17 after the parole panel or department orders the transfer of a
108-18 prisoner to a community residential facility <halfway house> under
108-19 this article, the department <pardons and paroles division> shall
108-20 notify the sheriff of the county in which the prisoner was
108-21 convicted and shall notify the sheriff of the county in which the
108-22 community residential facility <halfway house> is located and the
108-23 attorney who represents the state in the prosecution of felonies in
108-24 that county. The notice must state the prisoner's name, the county
108-25 in which the prisoner was convicted, and the offense for which the
108-26 prisoner was convicted.
108-27 (j) <(i)> As an element of the department's preparole
109-1 transfer <pardons and paroles division's halfway house> program,
109-2 the department <pardons and paroles division, in conjunction with
109-3 the institutional division,> shall utilize community residential
109-4 facilities <halfway houses> for the purpose of diverting from
109-5 housing in regular units of the institutional division or county
109-6 jails suitable low-risk prisoners and other prisoners who would
109-7 benefit from a smoother transition from incarceration to supervised
109-8 release. To accomplish this purpose, a parole panel, after
109-9 reviewing all available pertinent information, may designate a
109-10 presumptive parole date for any inmate who (i) is not serving a
109-11 sentence for an offense listed in Subdivision (1) of Subsection (a)
109-12 of Section 3g of Article 42.12 of this code and whose judgment does
109-13 not contain an affirmative finding under Subdivision (2) of
109-14 Subsection (a) of Section 3g of that article; and (ii) has never
109-15 been convicted of an offense listed in Subdivision (1) of
109-16 Subsection (a) of Section 3g of that article and has never had a
109-17 conviction, the judgment for which contains an affirmative finding
109-18 under Subdivision (2) of Subsection (a) of Section 3g of that
109-19 article. The presumptive parole date may not be a date which is
109-20 earlier than the prisoner's initial parole eligibility date, as
109-21 calculated or projected pursuant to Subsection (b) of this section.
109-22 Before transferring a prisoner to a community residential facility
109-23 <halfway house>, the department <pardons and paroles division>
109-24 shall send to the director of the facility <halfway house> all
109-25 information relating to the prisoner that <the pardons and paroles
109-26 division feels> will aid the facility <halfway house> in helping
109-27 the prisoner make a transition from prison or county jail to
110-1 supervised release. If a prisoner for whom a presumptive parole
110-2 date has been established is transferred into a preparole residence
110-3 in a community residential facility <halfway house> pursuant to the
110-4 terms of Subchapter A, Chapter 499 <498>, Government Code, the
110-5 <pardons and paroles> division is responsible for his supervision.
110-6 A parole panel may rescind or postpone a previously established
110-7 presumptive parole date on the basis of reports from <agents of>
110-8 the department <pardons and paroles division responsible for
110-9 supervision or agents of the institutional division acting in the
110-10 case>. If a preparolee transferred to preparole status has
110-11 satisfactorily served his sentence in the community residential
110-12 facility <halfway house> to which he is assigned from the date of
110-13 transfer to the presumptive parole date, without rescission or
110-14 postponement of the date, the division <parole panel> shall order
110-15 his release to parole and deliver <issue> an appropriate
110-16 certificate of release. The person is subject to the provisions of
110-17 this article governing release on parole.
110-18 <(j) In addition to other conditions of parole and release
110-19 on mandatory supervision imposed under this section, a parole panel
110-20 shall require a prisoner released on parole or mandatory
110-21 supervision to pay a parole supervision fee of $10 to the pardons
110-22 and paroles division for each month during which the prisoner is
110-23 under parole supervision. The fee applies to a prisoner released
110-24 in another state who is required as a term of his release to report
110-25 to a parole officer or supervisor in this state for parole
110-26 supervision. On the request of the prisoner, a parole panel may
110-27 allow the prisoner to defer payments under this subsection. The
111-1 prisoner remains responsible for payment of the fee and must make
111-2 the deferred payment not later than two years after the date on
111-3 which the payment becomes due. The board of the Texas Department
111-4 of Criminal Justice shall establish rules relating to the method of
111-5 payment required of the person on parole or mandatory supervision.
111-6 Fees collected under this subsection by the pardons and paroles
111-7 division shall be remitted to the comptroller of public accounts,
111-8 who shall deposit the fees in the general revenue fund of the state
111-9 treasury. In a parole or mandatory supervision revocation hearing
111-10 under Section 14 of this article at which it is alleged only that
111-11 the person failed to make a payment under this subsection, the
111-12 inability of the person to pay as ordered by a parole panel is an
111-13 affirmative defense to revocation, which the person must prove by a
111-14 preponderance of the evidence.>
111-15 <(k) In addition to other conditions imposed by a parole
111-16 panel under this article, the parole panel shall require as a
111-17 condition of parole or release to mandatory supervision that the
111-18 prisoner demonstrate to the parole panel whether the prisoner has
111-19 an educational skill level that is equal to or greater than the
111-20 average skill level of students who have completed the sixth grade
111-21 in public schools in this state. If the parole panel determines
111-22 that the person has not attained that skill level, the parole panel
111-23 shall require as a condition of parole or release to mandatory
111-24 supervision that the prisoner attain that level of educational
111-25 skill, unless the parole panel determines that the person lacks the
111-26 intellectual capacity or the learning ability to ever achieve that
111-27 level of skill.>
112-1 <(l) In addition to other conditions imposed by a parole
112-2 panel under this article, the parole panel shall require as a
112-3 condition of parole or release to mandatory supervision, on
112-4 evidence of the presence of a controlled substance in the
112-5 defendant's body, or on any evidence the defendant has used a
112-6 controlled substance, or on evidence that controlled substance use
112-7 is related to the offense for which the defendant was convicted,
112-8 that the defendant submit to testing for controlled substances.>
112-9 <The Texas Board of Criminal Justice by rule shall adopt
112-10 procedures for the administration of tests required by this
112-11 subsection.>
112-12 (k) <(m)> A prisoner serving a sentence for which parole
112-13 eligibility is otherwise determined under Subsection (b)(5) <(4)>
112-14 of this section may become eligible for special needs parole at a
112-15 date earlier than the date calculated under Subsection (b)(5) <(4)>
112-16 of this section, as designated by a parole panel under this
112-17 subsection, if:
112-18 (1) the prisoner has been identified by the department
112-19 <institutional division> as being elderly, physically handicapped,
112-20 mentally ill, terminally ill, or mentally retarded;
112-21 (2) the prisoner is determined by the parole panel,
112-22 because of the prisoner's condition and on the basis of a medical
112-23 evaluation, to no longer constitute a threat to public safety and
112-24 no longer constitute a threat to commit further offenses; and
112-25 (3) the department <pardons and paroles division> has
112-26 prepared for the prisoner a special needs parole plan that ensures
112-27 appropriate supervision, service provision, and placement.
113-1 (l) <(n)> A prisoner diagnosed as mentally ill or mentally
113-2 retarded may be released under Subsection (k) <(m)> of this section
113-3 only if the department <pardons and paroles division> has prepared
113-4 for the prisoner a special needs parole plan that ensures
113-5 appropriate supervision, service provision, and placement as
113-6 approved by the Texas Council on Offenders with Mental Impairments.
113-7 <(o)(1) In addition to other conditions imposed by a parole
113-8 panel under this article, the parole panel may require as a
113-9 condition of parole or release to mandatory supervision that an
113-10 inmate serving a sentence for an offense under Section 42.07(a)(7),
113-11 Penal Code, may not:>
113-12 <(A) communicate directly or indirectly with the
113-13 victim; or>
113-14 <(B) go to or near the residence, place of
113-15 employment, or business of the victim or to or near a school,
113-16 day-care facility, or similar facility where a dependent child of
113-17 the victim is in attendance.>
113-18 <(2) If a parole panel requires the prohibition
113-19 contained in Subdivision (1)(B) of this subsection as a condition
113-20 of parole or release to mandatory supervision, the parole panel
113-21 shall specifically describe the prohibited locations and the
113-22 minimum distances, if any, that the inmate must maintain from the
113-23 locations.>
113-24 <(o) In addition to other conditions of parole and release
113-25 on mandatory supervision imposed under this section, a parole panel
113-26 shall require a prisoner released on parole or mandatory
113-27 supervision to pay an administrative fee of $8 to the pardons and
114-1 paroles division for each month during which the prisoner is under
114-2 parole supervision. The fee applies to a prisoner released in
114-3 another state who is required as a term of his release to report to
114-4 a parole officer or supervisor in this state for parole
114-5 supervision. On the request of the prisoner, a parole panel may
114-6 allow the prisoner to defer payments under this subsection. The
114-7 prisoner remains responsible for payment of the fee and must make
114-8 the deferred payment not later than two years after the date on
114-9 which the payment becomes due. The board of the Texas Department
114-10 of Criminal Justice shall establish rules relating to the method of
114-11 payment required of the person on parole or mandatory supervision.
114-12 Fees collected under this subsection by the pardons and paroles
114-13 division shall be remitted to the comptroller of public accounts,
114-14 who shall deposit the fees in the compensation to victims of crime
114-15 fund of the state treasury. In a parole or mandatory supervision
114-16 revocation hearing under Section 14 of this article at which it is
114-17 alleged only that the person failed to make a payment under this
114-18 subsection, the inability of the person to pay as ordered by a
114-19 parole panel is an affirmative defense to revocation, which the
114-20 person must prove by a preponderance of the evidence.>
114-21 <(o) In addition to other conditions imposed by a parole
114-22 panel under this article, the parole panel shall require as a
114-23 condition of parole or release to mandatory supervision that a
114-24 prisoner for whom the court has made an affirmative finding under
114-25 Article 42.014 of this code perform not less than 300 hours of
114-26 community service at a project designated by the parole panel that
114-27 primarily serves the person or group who was the target of the
115-1 defendant.>
115-2 (m) <(o)> The department <pardons and paroles division>
115-3 shall develop and implement a comprehensive program to inform
115-4 inmates, their families, and other interested parties about the
115-5 parole process. The department <division> shall update the program
115-6 annually.
115-7 <(p) In addition to other conditions and fees imposed by a
115-8 parole panel under this article, the parole panel shall require as
115-9 a condition of parole or release to mandatory supervision that a
115-10 prisoner convicted of an offense under Section 21.08, 21.11,
115-11 22.011, 22.021, 25.02, 25.06, 43.25, or 43.26, Penal Code, pay to
115-12 the pardons and paroles division a parole supervision fee of $5
115-13 each month during the period of parole supervision.>
115-14 <(q) The pardons and paroles division shall remit fees
115-15 collected under Subsection (p) of this section to the comptroller.
115-16 The comptroller shall deposit the fees in the general revenue fund
115-17 to the credit of the sexual assault program fund established by
115-18 Section 44.0061, Health and Safety Code.>
115-19 SECTION 2.006. (a) Article 42.18, Code of Criminal
115-20 Procedure, is amended by adding Sections 8B, 8C, and 8D to read as
115-21 follows:
115-22 Sec. 8B. CONDITIONS OF RELEASE; AUTHORITY OF DIVISION. (a)
115-23 A parole panel may include as a condition of parole or mandatory
115-24 supervision:
115-25 (1) any condition that a court may impose on a
115-26 defendant placed on community supervision under Article 42.12; and
115-27 (2) any reasonable condition that is designed to
116-1 protect or restore the victim or punish, rehabilitate, or reform
116-2 the person, including conditions requiring the person to:
116-3 (A) attend counseling sessions for substance
116-4 abuse or participate in substance abuse treatment services in a
116-5 program or facility approved or licensed by the Texas Commission on
116-6 Alcohol and Drug Abuse, if the person was sentenced for an offense
116-7 involving substance abuse or the panel determines the defendant's
116-8 substance abuse was connected to the commission of the offense;
116-9 (B) make payment in satisfaction of damages the
116-10 person is liable for under Section 500.002, Government Code;
116-11 (C) submit to electronic monitoring;
116-12 (D) participate in a community service program
116-13 to be selected by the department, for a time specified by the panel
116-14 and subject to the same limitations imposed on a judge by Section
116-15 16(b), Article 42.12; or
116-16 (E) not communicate directly or indirectly with
116-17 the victim, go to or within a proscribed minimum distance from the
116-18 residence, place of employment, or business of the victim, or go to
116-19 or within a proscribed minimum distance from a school, day-care
116-20 facility, or similar facility where a dependent child of the victim
116-21 is in attendance, if the person was serving a sentence for an
116-22 offense under Section 42.07(a)(7), Penal Code.
116-23 (b) The department shall require as a condition of parole or
116-24 mandatory supervision that the person:
116-25 (1) register as a sex offender if required to do so by
116-26 Article 6252-13c.1, Revised Statutes;
116-27 (2) participate in a drug or alcohol abuse continuum
117-1 of care treatment program developed by the Texas Commission on
117-2 Alcohol and Drug Abuse, if immediately before release the person is
117-3 a participant in the program established under Section 501.0931,
117-4 Government Code;
117-5 (3) pay a parole supervision fee to the department for
117-6 each month during which the prisoner is under supervision, in an
117-7 amount determined under Section 8C;
117-8 (4) attain an educational skill level that is equal to
117-9 or greater than the average skill level of students who have
117-10 completed the sixth grade in the public schools of this state,
117-11 unless the person demonstrates that the person has attained that
117-12 skill level or the panel determines that the person lacks the
117-13 intellectual capacity to ever achieve that skill level;
117-14 (5) submit to testing for controlled substances, if
117-15 there is any evidence of the presence of a controlled substance in
117-16 the person's body, or any evidence that controlled substance use
117-17 was related to the offense for which the person was convicted; and
117-18 (6) perform community service, for a time specified by
117-19 the department but not less than 300 hours, at a project designated
117-20 by the department that primarily serves the person or group who was
117-21 the target of the person, if the court has made an affirmative
117-22 finding under Article 42.014.
117-23 (c) While a prisoner is in the custody of the division, the
117-24 division may enforce any condition of supervision mandated by law,
117-25 regardless of whether the condition has been formally imposed by a
117-26 parole panel, and may impose any new condition authorized by this
117-27 article.
118-1 Sec. 8C. FEES. (a) The parole supervision fee for an
118-2 inmate released after conviction of an offense committed before
118-3 September 1, 1993, is $10.
118-4 (b) The parole supervision fee for an inmate released after
118-5 conviction of an offense committed on or after September 1, 1993,
118-6 is $18.
118-7 (c) The department shall require that a person convicted of
118-8 an offense under Section 21.11, 22.011, 22.021, 25.02, 43.25, or
118-9 43.26, Penal Code, pay a sex offender parole supervision fee of $5
118-10 per month in addition to the fee required by Subsection (a) or (b).
118-11 (d) Fees imposed under this section apply to a prisoner
118-12 released in another state who is required as a term of the
118-13 prisoner's release to report to a parole officer in this state, in
118-14 the same manner as if the prisoner were released from the
118-15 institutional division.
118-16 (e) The department shall adopt policies relating to the
118-17 method of payment required of persons on parole or mandatory
118-18 supervision. On request of a prisoner, the department may allow
118-19 the prisoner to defer payments of fees imposed under this section.
118-20 The prisoner remains responsible for payment of fees imposed under
118-21 this section, and must make deferred payment not later than the
118-22 second anniversary of the date on which the payment becomes due.
118-23 (f) Fees collected under this section by the department
118-24 shall be remitted to the comptroller of public accounts, who shall
118-25 deposit the fees in the general revenue fund, except that the
118-26 additional $5 sex offender fee shall be deposited to the credit of
118-27 the sexual assault program fund established by Section 44.0061,
119-1 Health and Safety Code.
119-2 (g) In a parole or mandatory supervision hearing at which it
119-3 is alleged only that the person failed to make a payment under this
119-4 section, the inability of the person to pay as ordered by a parole
119-5 panel is an affirmative defense to prosecution, which the person
119-6 may prove by a preponderance of the evidence.
119-7 Sec. 8D. PAROLEE RESTITUTION FUND. (a) The parolee
119-8 restitution fund is a fund outside the treasury and consists of
119-9 restitution payments made by persons released on parole or
119-10 mandatory supervision. Money in the fund may be used only to pay
119-11 restitution as required by a condition of parole or release to
119-12 mandatory supervision to victims of criminal offenses.
119-13 (b) The state treasurer shall be the trustee of the parolee
119-14 restitution fund as provided by Section 404.073, Government Code.
119-15 (c) When the board orders the payment of restitution in the
119-16 manner prescribed by Article 42.037(h) from a person released on
119-17 parole or mandatory supervision, the department shall:
119-18 (1) collect the payment for disbursement to the
119-19 victim;
119-20 (2) deposit the payment in the parolee restitution
119-21 fund; and
119-22 (3) transmit the payment to the victim as soon as
119-23 practicable.
119-24 (d) If a victim who is entitled to restitution cannot be
119-25 located, immediately after receiving a final payment in
119-26 satisfaction of an order of restitution for the victim, the
119-27 department shall attempt to notify the victim of that fact by
120-1 certified mail, mailed to the last known address of the victim. If
120-2 a victim then makes a claim for payment, the department promptly
120-3 shall remit the payment to the victim. Money that remains
120-4 unclaimed shall be transferred to the general revenue fund of the
120-5 state treasury on the fifth anniversary of the date on which the
120-6 money was deposited to the credit of the compensation to victims of
120-7 crime auxiliary fund.
120-8 (b) The parole division of the Texas Department of Criminal
120-9 Justice not later than the 30th day after the effective date of
120-10 this article shall deposit any restitution money received before
120-11 the effective date of this article but not paid to a victim in the
120-12 parolee restitution fund in the manner provided by Section 8D,
120-13 Article 42.18, Code of Criminal Procedure, as added by this
120-14 article.
120-15 (c) Section 56.54, Code of Criminal Procedure, is amended by
120-16 adding Subsection (h) to read as follows:
120-17 (h) Sections 403.094 and 403.095, Government Code, do not
120-18 apply to the compensation to victims of crime fund or the
120-19 compensation to victims of crime auxiliary fund.
120-20 (d) The compensation to victims of crime fund and the
120-21 compensation to victims of crime auxiliary fund are re-created as
120-22 special funds to be used for the purposes designated in Subchapter
120-23 B, Chapter 56, Code of Criminal Procedure.
120-24 (e) Section 44.0061, Health and Safety Code, is amended by
120-25 amending Subsection (b) and by adding Subsection (d) to read as
120-26 follows:
120-27 (b) The fund consists of sex offender supervision fees
121-1 collected under Section 19 <22>(e), Article 42.12, and Subsection
121-2 (a), Section 8B <8(p)>, Article 42.18, Code of Criminal Procedure.
121-3 (d) Sections 403.094 and 403.095, Government Code, do not
121-4 apply to the sexual assault program fund.
121-5 (f) The sexual assault program fund is re-created as a
121-6 special fund to be used for the purposes designated in Section
121-7 44.0061, Health and Safety Code.
121-8 SECTION 2.007. Section 9, Article 42.18, Code of Criminal
121-9 Procedure, is amended to read as follows:
121-10 Sec. 9. Duty to Provide Information, Computers, and Offices.
121-11 (a) It shall be the duty of any judge, district attorney, county
121-12 attorney, police officer, or other public official of the state
121-13 having information with reference to any prisoner eligible for
121-14 parole to send in writing such information as may be in his
121-15 possession or under his control to the department <pardons and
121-16 paroles division>, upon request of any member of the Board of
121-17 Pardons and Paroles or employee of the board or the department
121-18 <pardons and paroles division>.
121-19 (b) The department <Texas Department of Criminal Justice>
121-20 may, by interagency contract, provide to the board necessary
121-21 computer equipment and computer access to all computerized records
121-22 and physical access to all hard copy records in the custody of the
121-23 department that are related to the duties and functions of the
121-24 board.
121-25 (c) The department <Texas Department of Criminal Justice>
121-26 may, by interagency contract, provide to the board necessary and
121-27 appropriate office space in the locations designated by the
122-1 chairman of the board and utilities and communication equipment.
122-2 SECTION 2.008. Section 10, Article 42.18, Code of Criminal
122-3 Procedure, is amended to read as follows:
122-4 Sec. 10. Access to Prisoners. It shall be the duty of the
122-5 department <institutional division> to grant to the members and
122-6 employees of the board <and employees of the board and the pardons
122-7 and paroles division> access at all reasonable times to any
122-8 prisoner, to provide for the members and employees or such
122-9 representatives facilities for communicating with and observing
122-10 such prisoner, and to furnish to the members and employees such
122-11 reports as the members and employees shall require concerning the
122-12 conduct and character of any prisoner in their custody and any
122-13 other facts deemed by a parole panel pertinent in determining
122-14 whether such prisoner shall be paroled.
122-15 SECTION 2.009. Sections 11(a), (c), (d), (e), (f), (g), (i),
122-16 and (m), Article 42.18, Code of Criminal Procedure, are amended to
122-17 read as follows:
122-18 (a) The board shall adopt rules as to:
122-19 (1) the submission and presentation of information and
122-20 arguments to the board, parole panels, and the department <pardons
122-21 and paroles division> for and in behalf of an inmate; and
122-22 (2) the time, place, and manner of contact between a
122-23 person representing an inmate and a member of the board, an
122-24 employee of the board, or an employee of the department <pardons
122-25 and paroles division>.
122-26 (c) A person required to register under this section shall
122-27 file a fee affidavit with the department <pardons and paroles
123-1 division> in a form prescribed by the department <division> for
123-2 each inmate the person represents for compensation before the
123-3 person first contacts a member of the board, an employee of the
123-4 board, or an employee of the department <pardons and paroles
123-5 division> on behalf of the inmate.
123-6 (d) The fee affidavit must be written and verified and
123-7 contain:
123-8 (1) the registrant's full name and address;
123-9 (2) the registrant's normal business, business phone
123-10 number, and business address;
123-11 (3) the full name of any former member or employee of
123-12 the Board of Pardons and Paroles or the Texas Board of Criminal
123-13 Justice or any former employee of the department <Texas Department
123-14 of Criminal Justice> with whom the person:
123-15 (A) is associated;
123-16 (B) has a relationship as an employer or
123-17 employee; or
123-18 (C) maintains a contractual relationship to
123-19 provide services;
123-20 (4) the full name and institutional identification
123-21 number of the inmate the registrant represents;
123-22 (5) the amount of compensation the person has received
123-23 or expects to receive in exchange for the representation; and
123-24 (6) the name of the person making the compensation.
123-25 (e) The department <division> shall, not later than the
123-26 third day after the date the fee affidavit is filed, place a copy
123-27 of the affidavit in the file of an inmate that a parole panel or
124-1 the board reviews. The department <division> shall also keep a
124-2 copy of each fee affidavit in a central location.
124-3 (f) If a person who has registered under this section
124-4 receives compensation in excess of the amount reported on the fee
124-5 affidavit, the person must file with the department <pardons and
124-6 paroles division>, not later than the fifth day after the date the
124-7 person receives the additional compensation, a supplemental fee
124-8 affidavit in a form prescribed by the department <division>
124-9 indicating the total amount of compensation received for
124-10 representing that inmate. The department <division> shall follow
124-11 the procedures in Subsection (e) <of this section> to process the
124-12 supplemental affidavit.
124-13 (g) A person required to register under this section shall,
124-14 for each calendar year the person represents an inmate, file a
124-15 representation summary form with the Texas Ethics Commission on a
124-16 form prescribed by the commission. The form must be filed not
124-17 later than the last day of January in the first year following the
124-18 reporting period and include:
124-19 (1) the registrant's full name and address;
124-20 (2) the registrant's normal business, business phone
124-21 number, and business address;
124-22 (3) the full name of any former member or employee of
124-23 the Board of Pardons and Paroles or the Texas Board of Criminal
124-24 Justice or any former employee of the department <Texas Department
124-25 of Criminal Justice> with whom the person:
124-26 (A) is associated;
124-27 (B) has a relationship as an employer or
125-1 employee; or
125-2 (C) maintains a contractual relationship to
125-3 provide services;
125-4 (4) the full name and institutional identification
125-5 number of each inmate the registrant represented in the previous
125-6 calendar year; and
125-7 (5) the amount of compensation the person has received
125-8 for representing each inmate in the previous calendar year.
125-9 (i) The Texas Ethics Commission shall submit to the
125-10 department <pardons and paroles division> a copy of each
125-11 representation summary form that is filed.
125-12 (m) In this section:
125-13 (1) "Compensation" has the meaning assigned by Section
125-14 305.002, Government Code.
125-15 (2) "Inmate" includes an administrative releasee, a
125-16 person imprisoned in the institutional division, and a person
125-17 confined in a transfer facility or county jail awaiting transfer to
125-18 the institutional division or awaiting a revocation hearing.
125-19 (3) "Represent" means to directly or indirectly
125-20 contact in person or by telephone, facsimile transmission, or
125-21 correspondence a member or employee of the board or an employee of
125-22 the department <pardons and paroles division> on behalf of an
125-23 inmate.
125-24 SECTION 2.010. Section 13(a), Article 42.18, Code of
125-25 Criminal Procedure, is amended to read as follows:
125-26 (a) A warrant for the return of a paroled prisoner, a
125-27 prisoner released to mandatory supervision, a prisoner released
126-1 although not eligible for release, a resident released to a
126-2 preparole or work program, a prisoner released on emergency
126-3 reprieve or on furlough, or a person released on a conditional
126-4 pardon to the institution from which the person was paroled,
126-5 released, or pardoned may be issued by the director or a designated
126-6 agent of the director in cases of parole or mandatory supervision,
126-7 or by the board on order by the governor in other cases, if there
126-8 is reason to believe that the person has been released although not
126-9 eligible for release, if the person has been arrested for an
126-10 offense, if there is a verified complaint stating that the person
126-11 violated a rule or condition of release, or if there is reliable
126-12 evidence that the person has exhibited behavior during the person's
126-13 release that indicates to a reasonable person that the person poses
126-14 a danger to society that warrants the person's immediate return to
126-15 custody. The person may be held in custody pending a determination
126-16 of all facts surrounding the alleged offense, violation of a rule
126-17 or condition of release, or dangerous behavior. A designated agent
126-18 of the director acts independently from a parole officer and must
126-19 receive specialized training as determined by the director. Such
126-20 warrant shall authorize all officers named therein to take actual
126-21 custody of the prisoner and detain and house the prisoner until a
126-22 parole panel orders the return of the prisoner to the institution
126-23 from which he was released. Pending hearing, as hereinafter
126-24 provided, upon any charge of parole violation, ineligible release,
126-25 or violation of the conditions of mandatory supervision, a prisoner
126-26 returned to custody shall remain incarcerated. If the director, a
126-27 board member, or a designated agent of the director or the board is
127-1 otherwise authorized to issue a warrant under this subsection, the
127-2 <pardons and paroles> division may instead issue to a prisoner a
127-3 summons requiring the prisoner to appear for a hearing under
127-4 Section 14 of this article. The summons must state the time,
127-5 place, date, and purpose of the hearing.
127-6 SECTION 2.011. Section 14, Article 42.18, Code of Criminal
127-7 Procedure, is amended by amending Subsection (a) and by adding
127-8 Subsection (c) to read as follows:
127-9 (a) Whenever a prisoner or a person granted a conditional
127-10 pardon is accused of a violation of his parole, mandatory
127-11 supervision, or conditional pardon, on information and complaint by
127-12 a law enforcement officer or parole officer, or is arrested after
127-13 an ineligible release, he shall be entitled to be heard on such
127-14 charges before a parole panel or a designee of the board under such
127-15 rules as the board may adopt; provided, however, said hearing shall
127-16 be held within 70 days of the date of arrest under a warrant issued
127-17 by the director or a designated agent of the director or by the
127-18 board on order by the governor and at a time and place set by that
127-19 parole panel or designee. The panel or designee may hold the
127-20 hearing at a date later than the date otherwise required by this
127-21 section if it determines a delay is necessary to assure due process
127-22 for the person, except that the authority issuing the warrant shall
127-23 immediately withdraw the warrant if the hearing is not held before
127-24 the 121st day after the date of arrest<, regardless of whether the
127-25 person agrees to delay the hearing until after that date>. If a
127-26 parole panel or designee determines that a parolee, mandatory
127-27 supervisee, or person granted a conditional pardon has been
128-1 convicted in a court of competent jurisdiction of a felony offense
128-2 committed while an administrative releasee and has been sentenced
128-3 by the court to a term of incarceration in a penal institution, the
128-4 determination is to be considered a sufficient hearing to revoke
128-5 the parole or mandatory supervision or recommend to the governor
128-6 revocation of a conditional pardon without further hearing, except
128-7 that the parole panel or designee shall conduct a hearing to
128-8 consider mitigating circumstances if requested by the parolee,
128-9 mandatory supervisee, or person granted a conditional pardon. A
128-10 parole panel or designee shall consider any allegation made by the
128-11 department that a parolee, mandatory releasee, or person granted a
128-12 conditional pardon has violated a condition of supervision imposed
128-13 by the department and may revoke the parole or mandatory
128-14 supervision or recommend to the governor revocation of conditional
128-15 pardon on a finding that the condition has been violated. When the
128-16 parole panel or designee has heard the facts, the board may
128-17 recommend to the governor that the conditional pardon be continued,
128-18 revoked, or modified, or it may continue, revoke, or modify the
128-19 parole or mandatory supervision, in any manner warranted by the
128-20 evidence. The parole panel or designee must make its
128-21 recommendation or decision no later than the 30th day after the
128-22 date the hearing is concluded. When a person's parole, mandatory
128-23 supervision, or conditional pardon is revoked, that person may be
128-24 required to serve the portion remaining of the sentence on which he
128-25 was released, such portion remaining to be calculated without
128-26 credit for the time from the date of his release to the date of
128-27 revocation. When a warrant is issued charging a violation of
129-1 release conditions, the sentence time credit may be suspended until
129-2 a determination is made in such case and such suspended time credit
129-3 may be reinstated should such parole, mandatory supervision, or
129-4 conditional pardon be continued.
129-5 (c) The requirement in Subsection (a) that a warrant be
129-6 withdrawn does not apply if the person:
129-7 (1) has been removed from the custody of a county
129-8 sheriff by the department and placed in a community residential
129-9 facility;
129-10 (2) is in custody in another state or in a federal
129-11 correctional facility;
129-12 (3) requests a continuance, or the attorney
129-13 representing the person or the attorney representing the state
129-14 requests a continuance; or
129-15 (4) is subject to pending criminal charges that have
129-16 not been adjudicated.
129-17 SECTION 2.012. Sections 15(b) and (c), Article 42.18, Code
129-18 of Criminal Procedure, are amended to read as follows:
129-19 (b) The department <pardons and paroles division> may allow
129-20 a person released on parole or mandatory supervision to serve the
129-21 remainder of the person's sentence without supervision and without
129-22 being required to report if:
129-23 (1) the person has been under the supervision for not
129-24 less than one-half of the time that remained on the person's
129-25 sentence when the person was released from imprisonment and during
129-26 the period of supervision the person's parole or release on
129-27 mandatory supervision has not been revoked; and
130-1 (2) the department <pardons and paroles division>
130-2 determines that:
130-3 (A) the person has made a good faith effort to
130-4 comply with any restitution order imposed on the person by a court
130-5 of competent jurisdiction; and
130-6 (B) allowing the person to serve the remainder
130-7 of the person's sentence without supervision and reporting is in
130-8 the best interest of society.
130-9 (c) The department <pardons and paroles division> may
130-10 require a person released from supervision and reporting under
130-11 Subsection (b) of this section to resubmit to supervision and
130-12 resume reporting at any time, and for any reason.
130-13 SECTION 2.013. Section 17, Article 42.18, Code of Criminal
130-14 Procedure, is amended to read as follows:
130-15 Sec. 17. Supervision Responsibilities. (a) The <pardons
130-16 and paroles> division shall have general responsibility for the
130-17 investigation and supervision of all prisoners released on parole
130-18 and to mandatory supervision.
130-19 (b) The Texas Board of Criminal Justice shall collect
130-20 information on recidivism of releasees under the supervision of the
130-21 department <pardons and paroles division> and use the information
130-22 collected to evaluate operations.
130-23 (c) At any time before <setting> a revocation hearing is
130-24 held <date> under Section 14(a) of this article, the department
130-25 <pardons and paroles division> may withdraw the <a> warrant and
130-26 continue supervision of the <a> released person.
130-27 SECTION 2.014. Section 18, Article 42.18, Code of Criminal
131-1 Procedure, is amended to read as follows:
131-2 Sec. 18. Confidential Information. (a) Except as provided
131-3 by Subsection (b), all <All> information, including victim protest
131-4 letters or other correspondence, victim impact statements, lists of
131-5 inmates eligible for release on parole, and arrest records of
131-6 inmates, obtained and maintained in connection with inmates of the
131-7 institutional division subject to parole, release to mandatory
131-8 supervision, or executive clemency, or individuals who may be on
131-9 mandatory supervision or parole and under the supervision of the
131-10 pardons and paroles division, or persons directly identified in any
131-11 proposed plan of release for a prisoner, is <including victim
131-12 impact statements, lists of inmates eligible for parole, and
131-13 inmates' arrest records, shall be> confidential and privileged
131-14 <information and shall not be subject to public inspection;
131-15 provided, however, that all such information shall be available to
131-16 the governor, the members of the board, and the Criminal Justice
131-17 Policy Council to perform its duties under Section 413.021,
131-18 Government Code, upon request>.
131-19 (b) Statistical <It is further provided that statistical>
131-20 and general information respecting the parole and mandatory
131-21 supervision program and system, including the names of paroled
131-22 prisoners, prisoners released to mandatory supervision, and data
131-23 recorded in connection with parole and mandatory supervision
131-24 services, is not confidential and must <shall> be made available
131-25 for <subject to> public inspection at any reasonable time.
131-26 (c) On request of the governor, a member of the board, the
131-27 Criminal Justice Policy Council in performing duties of the council
132-1 under Section 413.021, Government Code, or an eligible entity
132-2 requesting information for a law enforcement, correctional,
132-3 clemency, or treatment purpose, the department may provide to the
132-4 person or entity information made confidential and privileged by
132-5 this section. A response to a request under this subsection does
132-6 not change the confidential nature of information released.
132-7 (d) In this section, "eligible entity" means:
132-8 (1) a government agency;
132-9 (2) an organization with which the Texas Department of
132-10 Criminal Justice contracts or an organization to which the
132-11 department provides a grant; or
132-12 (3) an organization to which inmates are referred for
132-13 services by the Texas Department of Criminal Justice.
132-14 SECTION 2.015. Section 22, Article 42.18, Code of Criminal
132-15 Procedure, is amended to read as follows:
132-16 Sec. 22. Electronic Monitoring. In order to establish and
132-17 maintain electronic monitoring programs as authorized by this
132-18 article, the department <pardons and paroles division> may fund
132-19 electronic monitoring programs in parole offices, develop standards
132-20 for the operation of electronic monitoring programs in parole
132-21 offices, and provide funds for the purchase, lease, or maintenance
132-22 of electronic monitoring equipment. In determining whether
132-23 electronic monitoring equipment should be leased or purchased, the
132-24 department <pardons and paroles division> shall take into
132-25 consideration the rate at which technological change makes
132-26 electronic monitoring equipment obsolete.
132-27 SECTION 2.016. Section 23, Article 42.18, Code of Criminal
133-1 Procedure, is amended to read as follows:
133-2 Sec. 23. Special Programs. (a) The department <pardons and
133-3 paroles division>, if funds are appropriated to the department
133-4 <division> for that purpose, may enter into contracts for the
133-5 provision of certain services to be provided to releasees under the
133-6 supervision of the division, including the following:
133-7 (1) services to releasees who have a history of mental
133-8 impairment or mental retardation;
133-9 (2) services to releasees who have a history of
133-10 substance abuse; or
133-11 (3) services to releasees who have a history of sexual
133-12 offenses.
133-13 (b) The department <pardons and paroles division> shall seek
133-14 funding for the contracts as a priority item.
133-15 SECTION 2.017. Section 24, Article 42.18, Code of Criminal
133-16 Procedure, is amended to read as follows:
133-17 Sec. 24. Intensive Supervision. The department <pardons and
133-18 paroles division> shall establish a program to provide intensive
133-19 supervision to inmates released under the provisions of Subchapter
133-20 B, Chapter 499 <498>, Government Code, and other inmates determined
133-21 by parole panels or the department <pardons and paroles division>
133-22 to require intensive supervision. The Texas Board of Criminal
133-23 Justice shall adopt rules that establish standards for determining
133-24 which inmates require intensive supervision. The program must
133-25 provide the highest level of supervision provided by the department
133-26 <pardons and paroles division>.
133-27 SECTION 2.018. Section 25, Article 42.18, Code of Criminal
134-1 Procedure, is amended to read as follows:
134-2 Sec. 25. COMMUNITY RESIDENTIAL <COMMUNITY-BASED> FACILITIES.
134-3 (a) The department <pardons and paroles division> may establish
134-4 and operate or contract for the operation of community residential
134-5 <community-based intermediate sanction> facilities to house,
134-6 maintain, and provide services for:
134-7 (1) persons required by a parole panel or the
134-8 department as a condition of parole or mandatory supervision under
134-9 <Section 8(g) of> this article to serve a period in a
134-10 community-based facility; and
134-11 (2) persons whose release on parole or mandatory
134-12 supervision has been continued or modified under Section 14(a) of
134-13 this article, and on whom sanctions have been imposed under that
134-14 section.
134-15 (b) The purpose of a facility authorized by this section is
134-16 to provide housing, supervision, counseling, personal, social, and
134-17 work adjustment training, and other programs for persons described
134-18 by Subsection (a) of this section.
134-19 (c) The department <pardons and paroles division> may not
134-20 establish a community residential facility, enter into a contract
134-21 for a community residential <community-based> facility, change the
134-22 use of a community residential <community-based> facility,
134-23 significantly increase the capacity of a community residential
134-24 <community-based> facility, or increase the capacity of a community
134-25 residential <community-based> facility to more than 500 residents,
134-26 regardless of whether that increase is significant, unless the
134-27 department or a vendor proposing to operate the facility <pardons
135-1 and paroles division> provides notice of the proposed action and a
135-2 hearing on the issues in the same manner as notice and hearing are
135-3 provided <required of the community justice assistance division>
135-4 under Section 9 <10>, Article 42.13<, of this code before the
135-5 division takes an action under Section 5 of that article>. This
135-6 subsection applies to any residential facility that the department
135-7 <pardons and paroles division> establishes or contracts for under
135-8 this article, under Subchapter C, Chapter 497, Government Code, or
135-9 under Subchapter A, Chapter 499, Government Code.
135-10 (d) The Texas Board of Criminal Justice shall adopt rules
135-11 necessary for the management of community residential
135-12 <community-based> facilities authorized by this section.
135-13 (e) The department <pardons and paroles division> may charge
135-14 a reasonable fee to a person housed in a facility authorized by
135-15 this section for the cost of housing, board, and that part of the
135-16 administrative costs of the facility that may be properly allocable
135-17 to the person. A fee imposed under this subsection may not exceed
135-18 the actual costs to the department <pardons and paroles division>
135-19 for services to the person charged for the services. The
135-20 department <pardons and paroles division> may not deny placement in
135-21 a community residential <community-based> facility to a person
135-22 because that person is unable to pay a fee authorized by this
135-23 section.
135-24 (f) A parole panel or a designee of the director <pardons
135-25 and paroles division> may grant a limited release to a person
135-26 placed in a community residential <community-based> facility so
135-27 that the person may maintain or seek employment, education or
136-1 training courses, or housing after release from the facility.
136-2 (g) The department <pardons and paroles division> may enter
136-3 into a contract with a public or private vendor for the financing,
136-4 construction, operation, or management of community residential
136-5 <community-based> facilities using lease-purchase or installment
136-6 sale contracts to provide or supplement housing, board, or
136-7 supervision for persons placed in community residential
136-8 <community-based> facilities. A person housed or supervised in a
136-9 facility operated by a vendor under a contract is subject to the
136-10 same provisions of law as if the housing or supervision were
136-11 provided directly by the department <pardons and paroles division>.
136-12 SECTION 2.019. Section 26, Article 42.18, Code of Criminal
136-13 Procedure, is amended to read as follows:
136-14 Sec. 26. Contracts for Lease of Federal Facilities.
136-15 (a) The department <pardons and paroles division> may contract
136-16 with the federal government for the lease of any military base or
136-17 other federal facility that is not being used by the federal
136-18 government.
136-19 (b) A facility leased under this section may be used by the
136-20 department <pardons and paroles division> for the purpose of
136-21 housing releasees in the custody of the <pardons and paroles>
136-22 division.
136-23 (c) The department <pardons and paroles division> may not
136-24 enter into a contract under this section unless funds have been
136-25 appropriated specifically for the purpose of making payments on
136-26 contracts authorized under this section.
136-27 (d) The department <pardons and paroles division> shall
137-1 attempt to enter into contracts authorized by this section that
137-2 will provide the department <pardons and paroles division> with
137-3 facilities located in the various parts of the state.
137-4 SECTION 2.020. Section 27, Article 42.18, Code of Criminal
137-5 Procedure, is amended to read as follows:
137-6 Sec. 27. Program to Assess and Enhance Educational and
137-7 Vocational Skills. (a) The department <pardons and paroles
137-8 division>, with the assistance of public school districts,
137-9 community and public junior colleges, public and private
137-10 institutions of higher education, and other appropriate public and
137-11 private entities, may establish a developmental program on the
137-12 basis of information developed under Subsection (b)(4), Section 8B,
137-13 <8(k) of this article> for an inmate to be released to the
137-14 supervision of the division.
137-15 (b) The developmental program may provide the inmate with
137-16 the educational and vocational training necessary to:
137-17 (1) meet the average skill level required under
137-18 Section 8B <8(k) of this article>; and
137-19 (2) acquire employment while in the custody <under the
137-20 supervision> of the <pardons and paroles> division, to lessen the
137-21 likelihood that the inmate will return to the institutional
137-22 division.
137-23 (c) To decrease state expenditures for the educational and
137-24 vocational skills assessment and enhancement program established
137-25 under this section, the Texas Department of Commerce shall provide
137-26 information to the department <pardons and paroles division>,
137-27 public school districts, community and public junior colleges,
138-1 public and private institutions of higher education, and other
138-2 appropriate public and private entities for obtaining financial
138-3 assistance through Chapter 301, Labor Code, <the Texas Job-Training
138-4 Partnership Act (Article 4413(52), Vernon's Texas Civil Statutes)>
138-5 and other applicable programs of public or private entities.
138-6 (d) The department <pardons and paroles division> may
138-7 establish a developmental program similar to the program described
138-8 by Subsection (a) of this section for inmates released from the
138-9 institutional division who are not to be supervised by the
138-10 department <division>.
138-11 SECTION 2.021. Section 28, Article 42.18, Code of Criminal
138-12 Procedure, is amended to read as follows:
138-13 Sec. 28. Reporting and Management Services. The department
138-14 <pardons and paroles division>, with the approval of the Texas
138-15 Board of Criminal Justice, may enter into a contract with a public
138-16 or private vendor for the provision of telephone reporting,
138-17 automated caseload management, and collection services for fines,
138-18 fees, restitution, and other costs ordered to be paid by a court or
138-19 fees collected <imposed> by the division.
138-20 SECTION 2.022. Article 48.01, Code of Criminal Procedure, is
138-21 amended to read as follows:
138-22 Art. 48.01. Governor may pardon. In all criminal cases,
138-23 except treason and impeachment, the Governor shall have power,
138-24 after conviction, on the written signed recommendation and advice
138-25 of a panel of the Board of Pardons and Paroles<, or a majority
138-26 thereof>, to grant reprieves and commutations of punishments and
138-27 pardons; and upon the written recommendation and advice of a
139-1 majority of a panel of the Board of Pardons and Paroles, he shall
139-2 have the power to remit fines and forfeitures. The Governor shall
139-3 have the power to grant one reprieve in any capital case for a
139-4 period not to exceed 30 days; and he shall have power to revoke
139-5 <paroles and> conditional pardons. With the advice and consent of
139-6 the Legislature, the Governor may grant reprieves, commutations of
139-7 punishment and pardons in cases of treason.
139-8 SECTION 2.023. Section 23, Article 51.13, Code of Criminal
139-9 Procedure, is amended to read as follows:
139-10 Sec. 23. 1. When the return to this State of a person
139-11 charged with crime in this State is required, the State's attorney
139-12 shall present to the Governor his written motion for a requisition
139-13 for the return of the person charged, in which motion shall be
139-14 stated the name of the person so charged, the crime charged against
139-15 him, the approximate time, place and circumstances of its
139-16 commission, the State in which he is believed to be, including the
139-17 location of the accused therein at the time the motion is made and
139-18 certifying that, in the opinion of the said State's attorney the
139-19 ends of justice require the arrest and return of the accused to
139-20 this State for trial and that the proceeding is not instituted to
139-21 enforce a private claim.
139-22 2. When the return to this State is required of a person who
139-23 has been convicted of a crime in this State and has escaped from
139-24 confinement, or broken the terms of his bail, probation or parole,
139-25 the prosecuting attorney of the county in which the offense was
139-26 committed, the parole division of the Texas Department of Criminal
139-27 Justice <board>, or the warden of the institution or sheriff of the
140-1 county, from which escape was made, shall present to the Governor a
140-2 written application for a requisition for the return of such
140-3 person, in which application shall be stated the name of the
140-4 person, the crime of which he was convicted, the circumstances of
140-5 his escape from confinement, or the circumstances of the breach of
140-6 the terms of his bail, probation or parole, the State in which he
140-7 is believed to be, including the location of the person therein at
140-8 the time application is made.
140-9 3. The application shall be verified by affidavit, shall be
140-10 executed in duplicate and shall be accompanied by two certified
140-11 copies of the indictment returned, or information and affidavit
140-12 filed, or of the complaint made to the judge or magistrate, stating
140-13 the offense with which the accused is charged, or of the judgment
140-14 of conviction or of the sentence. The prosecuting officer, parole
140-15 division of the Texas Department of Criminal Justice <board>,
140-16 warden or sheriff may also attach such further affidavits and other
140-17 documents in duplicate as are <he shall deem> proper to be
140-18 submitted with such application. One copy of the application, with
140-19 the action of the Governor indicated by endorsement thereon, and
140-20 one of the certified copies of the indictment, complaint,
140-21 information, and affidavits, or of the judgment of conviction or of
140-22 the sentence shall be filed in the office of the Secretary of State
140-23 to remain on record in that office. The other copies of all papers
140-24 shall be forwarded with the Governor's requisition.
140-25 SECTION 2.024. Subsections (a) and (c), Article 56.08, Code
140-26 of Criminal Procedure, are amended to read as follows:
140-27 (a) Not later than the 10th day after the date that an
141-1 indictment or information is returned against a defendant for an
141-2 offense, the attorney representing the state shall give to each
141-3 victim of the offense a written notice containing:
141-4 (1) a brief general statement of each procedural stage
141-5 in the processing of a criminal case, including bail, plea
141-6 bargaining, parole restitution, and appeal;
141-7 (2) notification of the rights and procedures under
141-8 this chapter;
141-9 (3) suggested steps the victim may take if the victim
141-10 is subjected to threats or intimidation;
141-11 (4) notification of the right to receive information
141-12 regarding compensation to victims of crime as provided by
141-13 Subchapter B <the Crime Victims Compensation Act (Article 8309-1,
141-14 Vernon's Texas Civil Statutes)>, including information about:
141-15 (A) the costs that may be compensated under that
141-16 subchapter <Act>, eligibility for compensation, and procedures for
141-17 application for compensation under that subchapter <Act>;
141-18 (B) the payment for a medical examination for a
141-19 victim of a sexual assault under Article 56.06 of this code; and
141-20 (C) referral to available social service
141-21 agencies that may offer additional assistance;
141-22 (5) the name, address, and phone number of the local
141-23 victim assistance coordinator;
141-24 (6) the case number and assigned court for the case;
141-25 and
141-26 (7) the right to file a victim impact statement with
141-27 the office of the attorney representing the state and the <pardons
142-1 and paroles division of the> Texas Department of Criminal Justice.
142-2 (c) A victim who receives a notice under Subsection (a) of
142-3 this article and who chooses to receive other notice under law
142-4 about the same case must keep the following persons informed of the
142-5 victim's current address and phone number:
142-6 (1) the attorney representing the state; and
142-7 (2) the <pardons and paroles division of the> Texas
142-8 Department of Criminal Justice if after sentencing the defendant is
142-9 confined in the institutional division.
142-10 SECTION 2.025. Subsection (c), Article 60.052, Code of
142-11 Criminal Procedure, is amended to read as follows:
142-12 (c) Information in the corrections tracking system relating
142-13 to the handling of offenders must include the following information
142-14 about each imprisonment, confinement, or execution of an offender:
142-15 (1) the date of the imprisonment or confinement;
142-16 (2) if the offender was sentenced to death:
142-17 (A) the date of execution; and
142-18 (B) if the death sentence was commuted, the
142-19 sentence to which the sentence of death was commuted and the date
142-20 of commutation;
142-21 (3) the date the offender was released from
142-22 imprisonment or confinement and whether the release was a discharge
142-23 or a release on parole or mandatory supervision;
142-24 (4) if the offender is released on parole or mandatory
142-25 supervision:
142-26 (A) the offense for which the offender was
142-27 convicted by offense code and incident number;
143-1 (B) the date the offender was received by an
143-2 office of the parole <Board of Pardons and Paroles> division of the
143-3 Texas Department of Criminal Justice;
143-4 (C) the county in which the offender resides
143-5 while under supervision;
143-6 (D) any program in which an offender is placed
143-7 or has previously been placed and the level of supervision the
143-8 offender is placed on while under the jurisdiction of the parole
143-9 <Board of Pardons and Paroles> division of the Texas Department of
143-10 Criminal Justice;
143-11 (E) the date a program described by Paragraph
143-12 (D) of this subdivision begins, the date the program ends, and
143-13 whether the program was completed successfully;
143-14 (F) the date a level of supervision described by
143-15 Paragraph (D) of this subdivision begins and the date the level of
143-16 supervision ends;
143-17 (G) if the offender's release status is revoked,
143-18 the reason for the revocation and the date of revocation;
143-19 (H) the expiration date of the sentence; and
143-20 (I) the date of the offender's release from the
143-21 parole <Board of Pardons and Paroles> division of the Texas
143-22 Department of Criminal Justice or the date on which the offender is
143-23 granted clemency; and
143-24 (5) if the offender is released under Section 6(a),
143-25 Article 42.12, of this code, the date of the offender's release.
143-26 SECTION 2.026. Section 11.002, Election Code, is amended to
143-27 read as follows:
144-1 Sec. 11.002. Qualified Voter. In this code, "qualified
144-2 voter" means a person who:
144-3 (1) is 18 years of age or older;
144-4 (2) is a United States citizen;
144-5 (3) has not been determined mentally incompetent by a
144-6 final judgment of a court;
144-7 (4) has not been finally convicted of a felony or, if
144-8 so convicted, has:
144-9 (A) been issued discharge papers by the <pardons
144-10 and paroles division or institutional division of the> Texas
144-11 Department of Criminal Justice, or by a federal or other state
144-12 correctional institution or parole board, or completed a period of
144-13 probation ordered by any court and at least two years have elapsed
144-14 from the date of the issuance or completion; or
144-15 (B) been pardoned or otherwise released from the
144-16 resulting disability to vote;
144-17 (5) is a resident of this state; and
144-18 (6) is a registered voter.
144-19 SECTION 2.027. Section 13.001(a), Election Code, is amended
144-20 to read as follows:
144-21 (a) To be eligible for registration as a voter in this
144-22 state, a person must:
144-23 (1) be 18 years of age or older;
144-24 (2) be a United States citizen;
144-25 (3) not have been determined mentally incompetent by a
144-26 final judgment of a court;
144-27 (4) not have been finally convicted of a felony or, if
145-1 so convicted, must have:
145-2 (A) been issued discharge papers by the <pardons
145-3 and paroles division or institutional division of the> Texas
145-4 Department of Criminal Justice, or by a federal or other state
145-5 correctional institution or parole board, or completed a period of
145-6 probation ordered by any court and at least two years have elapsed
145-7 from the date of the issuance or completion; or
145-8 (B) been pardoned or otherwise released from the
145-9 resulting disability to vote; and
145-10 (5) be a resident of the county in which application
145-11 for registration is made.
145-12 SECTION 2.028. Section 32.22(b), Family Code, is amended to
145-13 read as follows:
145-14 (b) A court may order a change of name for a person finally
145-15 convicted of a felony if, in addition to the requirements of
145-16 Subsection (a), the person has:
145-17 (1) received a certificate of discharge by the
145-18 <pardons and paroles division of the> Texas Department of Criminal
145-19 Justice or completed a period of probation ordered by a court and
145-20 at least two calendar years have elapsed from the date of the
145-21 receipt of discharge or completion of probation; or
145-22 (2) been pardoned.
145-23 SECTION 2.029. Section 615.003, Government Code, is amended
145-24 to read as follows:
145-25 Sec. 615.003. Applicability. This chapter applies only to
145-26 eligible survivors of the following individuals:
145-27 (1) a peace officer as defined by Article 2.12, Code
146-1 of Criminal Procedure;
146-2 (2) a paid probation officer appointed by the director
146-3 of a community supervision and corrections department who has the
146-4 duties set out in Section 2 and the qualifications set out in
146-5 Section 5, Article 42.131, Code of Criminal Procedure, or who was
146-6 appointed in accordance with prior law;
146-7 (3) a parole officer employed by the <pardons and
146-8 paroles division of the> Texas Department of Criminal Justice who
146-9 has the duties set out in Section 2 and the qualifications set out
146-10 in Section 19, Article 42.18, Code of Criminal Procedure;
146-11 (4) a paid jailer;
146-12 (5) a member of an organized police reserve or
146-13 auxiliary unit who regularly assists peace officers in enforcing
146-14 criminal laws;
146-15 (6) a member of the class of employees of the
146-16 institutional division of the Texas Department of Criminal Justice
146-17 formally designated as custodial personnel under Section 615.006 by
146-18 the Texas Board of Criminal Justice or its predecessor in function;
146-19 (7) a jailer or guard of a county jail who is
146-20 appointed by the sheriff and who:
146-21 (A) performs a security, custodial, or
146-22 supervisory function over the admittance, confinement, or discharge
146-23 of prisoners; and
146-24 (B) is certified by the Texas Commission on Law
146-25 Enforcement Officer Standards and Education;
146-26 (8) a juvenile correctional employee of the Texas
146-27 Youth Commission;
147-1 (9) an employee of the maximum security unit of the
147-2 Texas Department of Mental Health and Mental Retardation;
147-3 (10) an individual who is employed by the state or a
147-4 political or legal subdivision and is subject to certification by
147-5 the Texas Commission on Fire Protection;
147-6 (11) an individual employed by the state or a
147-7 political or legal subdivision whose principal duties are aircraft
147-8 crash and rescue fire fighting;
147-9 (12) a member of an organized volunteer fire-fighting
147-10 unit that:
147-11 (A) renders fire-fighting services without
147-12 remuneration;
147-13 (B) consists of not fewer than 20 active
147-14 members, a majority of which are present at each meeting; and
147-15 (C) conducts a minimum of two drills each month,
147-16 each two hours long; or
147-17 (13) a game warden who is an employee of the state and
147-18 who receives full-time pay for the enforcement of game laws and
147-19 rules.
147-20 SECTION 2.030. Section 2001.223, Government Code, is amended
147-21 to read as follows:
147-22 Sec. 2001.223. Exceptions From Declaratory Judgment, Court
147-23 Enforcement, and Contested Case Provisions. Section 2001.038 and
147-24 Subchapters C through H do not apply to:
147-25 (1) the granting, payment, denial, or withdrawal of
147-26 financial or medical assistance or benefits under service programs
147-27 of the Texas Department of Human Services;
148-1 (2) action by the Banking Commissioner or the State
148-2 Banking Board regarding the issuance of a state bank charter for a
148-3 bank to assume the assets and liabilities of a state bank that the
148-4 commissioner determines to be in an unsafe condition as defined by
148-5 Section 1, Article 1a, Chapter VIII, The Texas Banking Code
148-6 (Article 342-801a, Vernon's Texas Civil Statutes);
148-7 (3) a hearing or interview conducted by the Board of
148-8 Pardons and Paroles <or the pardons and paroles division of the
148-9 Texas Department of Criminal Justice> relating to the grant,
148-10 rescission, or revocation of parole or other form of administrative
148-11 release; or
148-12 (4) the suspension, revocation, or termination of the
148-13 certification of a breath analysis operator or technical supervisor
148-14 under the rules of the Department of Public Safety.
148-15 SECTION 2.031. Section 111.058, Human Resources Code, is
148-16 amended to read as follows:
148-17 Sec. 111.058. Criminal Conviction Record Information.
148-18 (a) The commission may obtain criminal conviction record
148-19 information from the <pardons and paroles division and
148-20 institutional division of the> Texas Department of Criminal Justice
148-21 and from the Texas Department of Public Safety if the conviction
148-22 records relate to:
148-23 (1) an applicant selected for employment with the
148-24 commission;
148-25 (2) an applicant for rehabilitation services; or
148-26 (3) a client of the commission.
148-27 (b) The <pardons and paroles division and institutional
149-1 division of the> Texas Department of Criminal Justice and the Texas
149-2 Department of Public Safety upon request shall supply to the
149-3 commission criminal conviction record information relating to
149-4 applicants selected for employment with the commission, applicants
149-5 for rehabilitation services, or clients of the commission. The
149-6 commission shall treat all criminal conviction record information
149-7 as privileged and confidential and for commission use only.
149-8 SECTION 2.032. Section 533.085(a), Health and Safety Code,
149-9 is amended to read as follows:
149-10 (a) With the written approval of the governor, the
149-11 department may contract with<:>
149-12 <(1) the institutional division of> the Texas
149-13 Department of Criminal Justice to transfer facilities to that
149-14 department or otherwise provide facilities for inmates with mental
149-15 illness or mental retardation in the custody of that department<;
149-16 and>
149-17 <(2) the pardons and paroles division of the Texas
149-18 Department of Criminal Justice to transfer facilities to that board
149-19 or otherwise provide facilities for persons with mental illness or
149-20 mental retardation paroled or released under that board's
149-21 supervision>.
149-22 SECTION 2.033. Section 614.002(c), Health and Safety Code,
149-23 is amended to read as follows:
149-24 (c) The executive head of each of the following agencies,
149-25 divisions of agencies, or associations, or that person's designated
149-26 representative, shall serve as a member of the council:
149-27 (1) the institutional division of the Texas Department
150-1 of Criminal Justice;
150-2 (2) the Texas Department of Mental Health and Mental
150-3 Retardation;
150-4 (3) the parole <pardons and paroles> division of the
150-5 Texas Department of Criminal Justice;
150-6 (4) the community justice assistance division of the
150-7 Texas Department of Criminal Justice;
150-8 (5) the state jail division of the Texas Department of
150-9 Criminal Justice;
150-10 (6) the Texas Juvenile Probation Commission;
150-11 (7) <(6)> the Texas Youth Commission;
150-12 (8) <(7)> the Texas Rehabilitation Commission;
150-13 (9) <(8)> the Central Education Agency;
150-14 (10) <(9)> the Criminal Justice Policy Council;
150-15 (11) <(10)> the Mental Health Association in Texas;
150-16 (12) <(11)> the Texas Commission on Alcohol and Drug
150-17 Abuse;
150-18 (13) <(12)> the Commission on Law Enforcement Officer
150-19 Standards and Education;
150-20 (14) <(13)> the Texas Council of Community Mental
150-21 Health and Mental Retardation Centers;
150-22 (15) <(14)> the Commission on Jail Standards;
150-23 (16) <(15)> the Texas Planning Council for
150-24 Developmental Disabilities;
150-25 (17) <(16)> the Texas Association for Retarded
150-26 Citizens;
150-27 (18) <(17)> the Texas Alliance for the Mentally Ill;
151-1 (19) <(18)> the Parent Association for the Retarded of
151-2 Texas, Inc.;
151-3 (20) <(19)> the Texas Department of Human Services;
151-4 and
151-5 (21) <(20)> the Texas Department on Aging.
151-6 SECTION 2.034. Section 93C(a), Public Utility Regulatory Act
151-7 (Article 1446c, Vernon's Texas Civil Statutes), is amended to read
151-8 as follows:
151-9 (a) A telecommunications utility that transports or provides
151-10 a "1-900" service under a contract authorized by Article 42.131 or
151-11 42.18, Code of Criminal Procedure, and its subsequent amendments
151-12 that is used by a defendant under the supervision of a community
151-13 supervision and corrections department or the parole <pardons and
151-14 paroles> division of the Texas Department of Criminal Justice to
151-15 pay a fee or cost or to comply with telephone reporting
151-16 requirements may adjust or authorize the adjustment of an
151-17 end-user's bill for those fees or costs or charges for reporting
151-18 only with the consent of the contracting community supervision and
151-19 corrections department or the contracting parole <pardons and
151-20 paroles> division of the Texas Department of Criminal Justice.
151-21 SECTION 2.035. Section 3(b), Chapter 462, Acts of the 68th
151-22 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
151-23 Texas Civil Statutes), is amended to read as follows:
151-24 (b) An interagency advisory committee may advise the council
151-25 on administering its duties under this Act. The interagency
151-26 advisory committee is composed of 11 members. The executive head
151-27 of each of the following agencies or the designated representative
152-1 of the executive head shall serve as a member of the interagency
152-2 advisory committee: the <institutional division of the> Texas
152-3 Department of Criminal Justice, <pardons and paroles division of
152-4 the Texas Department of Criminal Justice, community justice
152-5 assistance division of the Texas Department of Criminal Justice,>
152-6 Texas Juvenile Probation Commission, Texas Department of Mental
152-7 Health and Mental Retardation, Texas Youth Commission, Sam Houston
152-8 State University, Department of Protective and Regulatory Services,
152-9 Texas Council of Community Mental Health and Mental Retardation
152-10 Centers, and Texas Department of Health. The director of the
152-11 Criminal Justice Division of the Governor's Office or the
152-12 designated representative of the director shall serve as a member
152-13 of the interagency advisory committee.
152-14 SECTION 2.036. This article takes effect September 1, 1995.
152-15 ARTICLE 3
152-16 SECTION 3.001. Sections 8(a), (b), (c), (d), (f), (h), and
152-17 (i), Article 42.09, Code of Criminal Procedure, are amended to read
152-18 as follows:
152-19 (a) A county that transfers a defendant to the
152-20 <institutional division of the> Texas Department of Criminal
152-21 Justice under this article shall deliver to an officer designated
152-22 by the department <the director of the division>:
152-23 (1) a copy of the judgment entered pursuant to Article
152-24 42.01 of this code, completed on a standardized felony judgment
152-25 form described by Section 4 of that article;
152-26 (2) a copy of any order revoking community supervision
152-27 <probation> and imposing sentence pursuant to Section 23, Article
153-1 42.12, of this code, including:
153-2 (A) any amounts owed for restitution, fines, and
153-3 court costs, completed on a standardized felony judgment form
153-4 described by Section 4, Article 42.01, of this code; and
153-5 (B) a copy of the client supervision plan
153-6 prepared for the defendant by the community supervision and
153-7 corrections department supervising the defendant, if such a plan
153-8 was prepared;
153-9 (3) a written report that states the nature and the
153-10 seriousness of each offense and that states the citation to the
153-11 provision or provisions of the Penal Code or other law under which
153-12 the defendant was convicted;
153-13 (4) a copy of the victim impact statement, if one has
153-14 been prepared in the case under Article 56.03 of this code;
153-15 (5) a statement as to whether there was a change in
153-16 venue in the case and, if so, the names of the county prosecuting
153-17 the offense and the county in which the case was tried;
153-18 (6) a copy of the record of arrest for each offense;
153-19 (7) if requested, information regarding the criminal
153-20 history of the defendant, including the defendant's state
153-21 identification number if the number has been issued;
153-22 (8) a copy of the indictment or information for each
153-23 offense;
153-24 (9) a checklist sent by the department to the county
153-25 and completed by the county in a manner indicating that the
153-26 documents required by this subsection and Subsection (c) of this
153-27 section accompany the defendant; and
154-1 (10) a copy of a presentence or postsentence
154-2 investigation report prepared under Section 9, Article 42.12 of
154-3 this code.
154-4 (b) The <institutional division of the> Texas Department of
154-5 Criminal Justice shall not take a defendant into custody under this
154-6 article until the designated officer <director> receives the
154-7 documents required by Subsections (a) and (c) of this section. The
154-8 designated officer <director> shall certify under the seal of the
154-9 department <institutional division> the documents received under
154-10 Subsections (a) and (c) of this section. A document certified
154-11 under this subsection is self-authenticated for the purposes of
154-12 Rules 901 and 902, Texas Rules of Criminal Evidence.
154-13 (c) A county that transfers a defendant to the
154-14 <institutional division of the> Texas Department of Criminal
154-15 Justice under this article shall also deliver to the designated
154-16 officer <director of the division> any presentence or postsentence
154-17 investigation report, revocation report, psychological or
154-18 psychiatric evaluation of the defendant, and available social or
154-19 psychological background information relating to the defendant and
154-20 may deliver to the designated officer <director> any additional
154-21 information upon which the judge or jury bases the punishment
154-22 decision.
154-23 (d) The institutional division of the Texas Department of
154-24 Criminal Justice shall make documents received under Subsections
154-25 (a) and (c) of this section available to the parole <pardons and
154-26 paroles> division on the request of the parole <pardons and
154-27 paroles> division.
155-1 (f) Except as provided by Subsection (g) of this section,
155-2 the county sheriff is responsible for ensuring that documents and
155-3 information required by this section accompany defendants sentenced
155-4 by district courts in the county to <terms of imprisonment in the
155-5 institutional division of> the Texas Department of Criminal
155-6 Justice.
155-7 (h) If a parole panel releases on parole a person who is
155-8 confined in a jail in this state, a federal correctional
155-9 institution, or a correctional institution in another state, the
155-10 <pardons and paroles division of the> Texas Department of Criminal
155-11 Justice shall request the sheriff who would otherwise be required
155-12 to transfer the person to the department <institutional division>
155-13 to forward to the department <both divisions> the information
155-14 described by Subsections (a) and (c) of this section. The sheriff
155-15 shall comply with the request of the department <pardons and
155-16 paroles division>. The department <pardons and paroles division>
155-17 shall determine whether the information forwarded by the sheriff
155-18 under this subsection contains a thumbprint taken from the person
155-19 in the manner provided by Article 38.33 of this code and, if not,
155-20 the department <division> shall obtain a thumbprint taken in the
155-21 manner provided by that article and shall forward the thumbprint to
155-22 the department <institutional division> for inclusion with the
155-23 information sent by the sheriff.
155-24 (i) A county may deliver the documents required under
155-25 Subsections (a) and (c) of this section to the <institutional
155-26 division of the> Texas Department of Criminal Justice by electronic
155-27 means. For purposes of this subsection, "electronic means" means
156-1 the transmission of data between word processors, data processors,
156-2 or similar automated information equipment over dedicated cables,
156-3 commercial lines, or other similar methods of transmission.
156-4 SECTION 3.002. (a) Section 1, Article 42.11, Code of
156-5 Criminal Procedure, is amended to read as follows:
156-6 Sec. 1. This Act may be cited as the Uniform Act for
156-7 out-of-State probationer and parolee supervision.
156-8 (b) The article heading of Article 42.11, Code of Criminal
156-9 Procedure, is amended to read as follows:
156-10 Art. 42.11. UNIFORM ACT FOR OUT-OF-STATE PROBATIONER AND
156-11 PAROLEE SUPERVISION
156-12 SECTION 3.003. Sections 9(e), (j), and (k), Article 42.12,
156-13 Code of Criminal Procedure, are amended to read as follows:
156-14 (e) The judge shall allow the defendant or his attorney to
156-15 comment on a presentence investigation or a postsentence <the>
156-16 report and, with the approval of the judge, introduce testimony or
156-17 other information alleging a factual inaccuracy in the
156-18 investigation or report.
156-19 (j) The judge by order may direct that any information and
156-20 records that are not privileged and that are relevant to a <the>
156-21 report required by Subsection (a) or Subsection (k) of this section
156-22 be released to an <the> officer conducting a <the> presentence
156-23 investigation under Subsection (i) of this section or a
156-24 postsentence report under Subsection (k) of this section. The
156-25 judge may also issue a subpoena to obtain that information. A
156-26 <The> report and all information obtained in connection with a
156-27 <the> presentence investigation or postsentence report are
157-1 confidential and may be released only to those persons and under
157-2 those circumstances authorized under Subsections (d), (e), (f),
157-3 (h), and (k) <and (g)> of this section and as directed by the judge
157-4 for the effective supervision of the defendant. Medical and
157-5 psychiatric records obtained by court order shall be kept separate
157-6 from the defendant's community supervision file and may be released
157-7 only by order of the judge.
157-8 (k) If a presentence report in a felony case is not required
157-9 under this section, the judge shall direct the officer to prepare a
157-10 postsentence report containing the same information that would have
157-11 been required for the presentence report, other than a proposed
157-12 client supervision plan and any information that is reflected in
157-13 the judgment. The officer shall send the postsentence report to
157-14 the clerk of the court not later than the 30th day after the date
157-15 on which sentence is pronounced or deferred adjudication is
157-16 granted, and the clerk shall deliver <file> the postsentence report
157-17 with the papers in the case to a designated officer of the Texas
157-18 Department of Criminal Justice, as required by Section 8(a),
157-19 Article 42.09.
157-20 SECTION 3.004. Section 11(a), Article 42.12, Code of
157-21 Criminal Procedure, as amended by Section 2, Chapter 806, and
157-22 Section 4.01, Chapter 900, Acts of the 73rd Legislature, Regular
157-23 Session, 1993, is revised and amended to read as follows:
157-24 (a) The judge of the court having jurisdiction of the case
157-25 shall determine the conditions of community supervision and may, at
157-26 any time, during the period of community supervision alter or
157-27 modify the conditions <as provided by Sections 10 and 22 of this
158-1 article>. The judge may impose any reasonable condition that is
158-2 designed to protect or restore the community, protect or restore
158-3 the victim, or punish, rehabilitate, or reform the defendant.
158-4 Conditions of community supervision may include, but shall not be
158-5 limited to, the conditions that the defendant shall:
158-6 (1) Commit no offense against the laws of this State
158-7 or of any other State or of the United States;
158-8 (2) Avoid injurious or vicious habits;
158-9 (3) Avoid persons or places of disreputable or harmful
158-10 character;
158-11 (4) Report to the supervision officer as directed by
158-12 the judge or supervision officer and obey all rules and regulations
158-13 of the community supervision and corrections department;
158-14 (5) Permit the supervision officer to visit him at his
158-15 home or elsewhere;
158-16 (6) Work faithfully at suitable employment as far as
158-17 possible;
158-18 (7) Remain within a specified place;
158-19 (8) Pay his fine, if one be assessed, and all court
158-20 costs whether a fine be assessed or not, in one or several sums;
158-21 (9) Support his dependents;
158-22 (10) Participate, for a time specified by the judge in
158-23 any community-based program, including a community-service work
158-24 program under Section 16 of this article;
158-25 (11) Reimburse the county in which the prosecution was
158-26 instituted for compensation paid to appointed counsel for defending
158-27 him in the case, if counsel was appointed, or if he was represented
159-1 by a county-paid public defender, in an amount that would have been
159-2 paid to an appointed attorney had the county not had a public
159-3 defender;
159-4 (12) Remain under custodial supervision in a community
159-5 corrections facility, obey all rules and regulations of such
159-6 facility, and pay a percentage of his income to the facility for
159-7 room and board;
159-8 (13) Pay a percentage of his income to his dependents
159-9 for their support while under custodial supervision in a community
159-10 corrections facility;
159-11 (14) Submit to testing for alcohol or controlled
159-12 substances;
159-13 (15) Attend counseling sessions for substance abusers
159-14 or participate in substance abuse treatment services in a program
159-15 or facility approved or licensed by the Texas Commission on Alcohol
159-16 and Drug Abuse;
159-17 (16) Register under Article 6252-13c.1, Revised
159-18 Statutes;
159-19 (17) With the consent of the victim of a misdemeanor
159-20 offense or of any offense under Title 7, Penal Code, participate
159-21 in victim-defendant mediation;
159-22 (18) <(19)> Submit to electronic monitoring;
159-23 (19) <(20)> Reimburse the general revenue fund <crime
159-24 victims compensation fund created under the Crime Victims
159-25 Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes)>
159-26 for any amounts paid under the Crime Victims' Compensation Act
159-27 (Subchapter B, Chapter 56, of this code) from that fund to a
160-1 victim, as defined by Article 56.01 of this code, of the
160-2 defendant's offense;
160-3 (20) <(21)> Reimburse a law enforcement agency for the
160-4 analysis, storage, or disposal of raw materials, controlled
160-5 substances, chemical precursors, drug paraphernalia, or other
160-6 materials seized in connection with the offense;
160-7 (21) <(22)> Pay all or part of the reasonable and
160-8 necessary costs incurred by the victim for psychological counseling
160-9 made necessary by the offense or for counseling and education
160-10 relating to acquired immune deficiency syndrome or human
160-11 immunodeficiency virus made necessary by the offense; and
160-12 (22) <(23)> Make one payment in an amount not to
160-13 exceed $50 to a local crime stoppers program as defined by Section
160-14 414.001, Government Code, and as certified by the Crime Stoppers
160-15 Advisory Council.
160-16 SECTION 3.005. Section 14(b), Article 42.12, Code of
160-17 Criminal Procedure, as amended by Chapter 900, Acts of the 73rd
160-18 Legislature, Regular Session, 1993, is amended to read as follows:
160-19 (b) A judge may impose the condition of community
160-20 supervision created under this section if:
160-21 (1) the judge places the defendant on community
160-22 supervision under this article;
160-23 (2) the defendant is charged with or convicted of a
160-24 felony other than:
160-25 (A) a felony under Section 21.11, 22.011, or
160-26 22.021, <or 25.06,> Penal Code; or
160-27 (B) criminal attempt of a felony under Section
161-1 21.11, 22.011, or 22.021, Penal Code; and
161-2 (3) the judge makes an affirmative finding that:
161-3 (A) drug or alcohol abuse significantly
161-4 contributed to the commission of the crime or violation of
161-5 community supervision; and
161-6 (B) the defendant is a suitable candidate for
161-7 treatment, as determined by the suitability criteria established by
161-8 the Texas Board of Criminal Justice under Section 493.009(b),
161-9 Government Code.
161-10 SECTION 3.006. Section 15(h), Article 42.12, Code of
161-11 Criminal Procedure, as amended by Chapter 900, Acts of the 73rd
161-12 Legislature, Regular Session, 1993, is amended to read as follows:
161-13 (h)(1) A defendant confined in a state jail felony facility
161-14 after revocation of community supervision does not earn good
161-15 conduct time for time served in the facility.
161-16 (2) A judge may credit against any time a defendant is
161-17 subsequently required to serve in a state jail felony facility
161-18 after revocation of community supervision time served by the
161-19 defendant in county jail:
161-20 (A) from the time of the defendant's arrest and
161-21 confinement until sentencing by the trial court; and
161-22 (B) as a condition of community supervision
161-23 under Subsection (d) of this section<; and>
161-24 <(C) after modification of community
161-25 supervision>.
161-26 (3) A judge shall credit against any time a defendant
161-27 is subsequently required to serve in a state jail felony facility
162-1 after revocation of community supervision any time served by the
162-2 defendant in a state jail felony facility after sentencing.
162-3 SECTION 3.007. Section 16, Article 42.12, Code of Criminal
162-4 Procedure, is amended to read as follows:
162-5 Sec. 16. Community Service. (a) A judge shall require as a
162-6 condition of community supervision, that the defendant work a
162-7 specified number of hours at a community service project or
162-8 projects for an organization or organizations approved by the judge
162-9 and designated by the department, unless the judge determines and
162-10 notes on the order placing the defendant on community supervision
162-11 that:
162-12 (1) the defendant is physically or mentally incapable
162-13 of participating in the project;
162-14 (2) participating in the project will work a hardship
162-15 on the defendant or the defendant's dependents;
162-16 (3) the defendant is to be confined in a substance
162-17 abuse punishment facility as a condition of community supervision;
162-18 or
162-19 (4) there is other good cause shown.
162-20 (b) The amount of community service work ordered by the
162-21 judge:
162-22 (1) may not exceed 1,000 hours and may not be less
162-23 than 320 hours for an offense classified as a first degree felony;
162-24 (2) may not exceed 800 hours and may not be less than
162-25 240 hours for an offense classified as a second degree felony;
162-26 (3) may not exceed 600 hours and may not be less than
162-27 160 hours for an offense classified as a third degree felony;
163-1 (4) may not exceed 400 hours and may not be less than
163-2 120 hours for an offense classified as a state jail felony;
163-3 (5) may not exceed 200 hours and may not be less than
163-4 80 hours for an offense classified as a Class A misdemeanor or for
163-5 any other misdemeanor for which the maximum permissible
163-6 confinement, if any, exceeds six months or the maximum permissible
163-7 fine, if any, exceeds $4,000; and
163-8 (6) may not exceed 100 hours and may not be less than
163-9 24 hours for an offense classified as a Class B misdemeanor or for
163-10 any other misdemeanor for which the maximum permissible
163-11 confinement, if any, does not exceed six months and the maximum
163-12 permissible fine, if any, does not exceed $4,000.
163-13 (c) <If the judge modifies the defendant's terms of
163-14 community supervision to include confinement in a state jail felony
163-15 facility, the judge shall order the defendant to continue to work
163-16 towards fulfillment of his work requirement during his period of
163-17 confinement.>
163-18 <(d)> A defendant required to perform community service
163-19 under this section is not a state employee for the purposes of
163-20 Article 8309g or 8309h, Revised Statutes.
163-21 <(e) An employee of the Texas Department of Criminal
163-22 Justice, sheriff, employee of a sheriff's department, county
163-23 commissioner, county employee, county judge, employee of a
163-24 community corrections and supervision department, restitution
163-25 center, or officer or employee of a political subdivision other
163-26 than a county is not liable for damages arising from an act or
163-27 failure to act in connection with community service performed by an
164-1 inmate pursuant to court order under this article or in connection
164-2 with an inmate or offender programmatic or nonprogrammatic
164-3 activity, including work, educational, and treatment activities, if
164-4 the act or failure to act was not intentional, wilfully or wantonly
164-5 negligent, or performed with conscious indifference or reckless
164-6 disregard for the safety of others.>
164-7 (d) <(e)> If the court makes an affirmative finding under
164-8 Article 42.014, Code of Criminal Procedure, the court may order the
164-9 defendant to perform community service under this section at a
164-10 project designated by the court that primarily serves the person or
164-11 group who was the target of the defendant. If the court orders
164-12 community service under this subsection the court shall order the
164-13 defendant to perform not less than:
164-14 (1) 100 hours of service if the offense is a
164-15 misdemeanor; or
164-16 (2) 300 hours of service if the offense is a felony.
164-17 SECTION 3.008. Section 18, Article 42.12, Code of Criminal
164-18 Procedure, is amended by adding Subsection (j) to read as follows:
164-19 (j) A community corrections facility director, with the
164-20 approval of the convicting court, may grant to a defendant:
164-21 (1) a short-term furlough; or
164-22 (2) an emergency furlough, on documented need of the
164-23 defendant to obtain medical treatment or diagnosis, attend a
164-24 funeral, or visit a critically ill relative.
164-25 SECTION 3.009. Section 22(a), Article 42.12, Code of
164-26 Criminal Procedure, is amended to read as follows:
164-27 (a) If after a hearing under Section 21 of this article a
165-1 judge continues or modifies community supervision after determining
165-2 that the defendant violated a condition of community supervision,
165-3 the judge may impose any other conditions the judge determines are
165-4 appropriate, including:
165-5 (1) a requirement that the defendant perform community
165-6 service for a number of hours specified by the court under Section
165-7 16 of this article, or an increase in the number of hours that the
165-8 defendant has previously been required to perform under those
165-9 sections in an amount not to exceed double the number of hours
165-10 permitted by Section 16;
165-11 (2) an increase in the period of community
165-12 supervision, in the manner described by Subsection (b) of this
165-13 section;
165-14 (3) an increase in the defendant's fine, in the manner
165-15 described by Subsection (d) of this section; or
165-16 (4) the placement of the defendant in a substance
165-17 abuse felony punishment program operated under Section 493.009,
165-18 Government Code, if:
165-19 (A) the defendant is convicted of a felony other
165-20 than:
165-21 (i) a felony under Section 21.11, 22.011,
165-22 or 22.021, <or 25.06,> Penal Code; or
165-23 (ii) criminal attempt of a felony under
165-24 Section 21.11, 22.011, or 22.021, Penal Code; and
165-25 (B) the judge makes an affirmative finding that:
165-26 (i) drug or alcohol abuse significantly
165-27 contributed to the commission of the crime or violation of
166-1 community supervision; and
166-2 (ii) the defendant is a suitable candidate
166-3 for treatment, as determined by the suitability criteria
166-4 established by the Texas Board of Criminal Justice under Section
166-5 493.009(b), Government Code.
166-6 SECTION 3.010. Section 1(b)(2), Article 42.13, Code of
166-7 Criminal Procedure, is amended to read as follows:
166-8 (2) "Community corrections facility" means a physical
166-9 structure, established by a judicial district after authorization
166-10 of the establishment of the structure has been included in the
166-11 local community justice plan, that is operated by a department or
166-12 operated for a department by an entity under contract with the
166-13 department, for the purpose of confining persons placed on
166-14 community supervision and providing services and programs to modify
166-15 criminal behavior, deter criminal activity, protect the public, and
166-16 restore victims of crime. The term includes:
166-17 (A) a restitution center;
166-18 (B) a court residential treatment facility;
166-19 (C) a substance abuse treatment facility;
166-20 (D) a custody facility or boot camp;
166-21 (E) a facility for an offender with a mental
166-22 impairment, as defined by Section 614.001, Health and Safety Code;
166-23 and
166-24 (F) an intermediate sanction facility<; and>
166-25 <(G) a state jail felony facility>.
166-26 SECTION 3.011. Section 3(b), Article 42.13, Code of Criminal
166-27 Procedure, is amended to read as follows:
167-1 (b) The division shall develop an automated tracking system
167-2 that:
167-3 (1) is capable of receiving tracking data from
167-4 community supervision and corrections departments' caseload
167-5 management and accounting systems;
167-6 (2) is capable of tracking the defendant and the
167-7 sentencing event at which the defendant was placed on community
167-8 supervision by name, arrest charge code, and incident number;
167-9 (3) provides the division with the statistical data it
167-10 needs to support budget requests and satisfy requests for
167-11 information; and
167-12 (4) is compatible with the requirements of Chapter 60
167-13 of this code and the information systems used by the institutional
167-14 division and the parole <pardons and paroles> division of the
167-15 department.
167-16 SECTION 3.012. Section 4, Article 42.13, Code of Criminal
167-17 Procedure, is amended to read as follows:
167-18 Sec. 4. Inspections; Audits; Evaluations. <(a)> The
167-19 division may inspect and evaluate a department or conduct audits of
167-20 case management records, financial records, and officer
167-21 certification and training records of a department at any
167-22 reasonable time to determine compliance with the division's rules
167-23 and standards.
167-24 <(b) The division shall authorize payments under Section
167-25 10(a)(1) of this article only if the division determines that the
167-26 department has made a reasonable effort to maintain workloads
167-27 established by the division for supervising officers that do not
168-1 exceed the following ratios:>
168-2 <(1) one officer or full-time equivalent per 25 cases,
168-3 with a workload unit value of 4 per case;>
168-4 <(2) one officer or full-time equivalent per 40 cases,
168-5 with a workload unit value of 2.5 per case;>
168-6 <(3) one officer or full-time equivalent per 75 cases,
168-7 with a workload unit value of 1.33 per case; and>
168-8 <(4) one officer or full-time equivalent per 100
168-9 cases, with a workload unit value of 1 per case.>
168-10 SECTION 3.013. Section 7(g), Article 42.13, Code of Criminal
168-11 Procedure, is amended to read as follows:
168-12 (g) The division may deny, revoke, or suspend a
168-13 certification or may reprimand an officer for a violation of a
168-14 standard adopted under this article <or a rule of the Texas Board
168-15 of Criminal Justice>.
168-16 SECTION 3.014. Sections 10(a) and (e), Article 42.13, Code
168-17 of Criminal Procedure, are amended to read as follows:
168-18 (a) If the division determines that a department complies
168-19 with division standards and if the department or judges managing
168-20 the department have submitted a community justice plan under
168-21 Section 3, Article 42.131 of this code and the supporting
168-22 information required by the division and the division determines
168-23 the plan and supporting information are acceptable, the division
168-24 shall prepare and submit to the comptroller of public accounts
168-25 vouchers for payment to the department as follows:
168-26 (1) for per capita funding, a per diem amount for each
168-27 felony defendant directly supervised by the department pursuant to
169-1 lawful authority;
169-2 (2) for per capita funding, a per diem amount for a
169-3 period not to exceed 182 days for each defendant supervised by the
169-4 department pursuant to lawful authority, other than a felony
169-5 defendant; and
169-6 (3) for formula funding, an annual amount as computed
169-7 by multiplying a percentage determined by the allocation formula
169-8 established under Subsection (e) <Section 499.071(b), Government
169-9 Code>, times the total amount provided in the General
169-10 Appropriations Act for payments under this subdivision.
169-11 (e) The division annually shall compute for each department
169-12 for community corrections program formula funding a percentage
169-13 determined by assigning equal weights to the percentage of the
169-14 state's population residing in the counties served by the
169-15 department and the department's percentage of all felony defendants
169-16 in the state under direct community supervision. The division
169-17 shall use the most recent information available in making
169-18 computations under this subsection. The board by rule may adopt a
169-19 policy limiting for all departments the percentage of benefit or
169-20 loss that may be realized as a result of the operation of the
169-21 formula. <In establishing per diem payments authorized by
169-22 Subsections (a)(1) and (a)(2) of this section, the division shall
169-23 consider the amounts appropriated in the General Appropriations Act
169-24 for basic supervision as sufficient to provide basic supervision in
169-25 each year of the fiscal biennium.>
169-26 SECTION 3.015. Section 11(b), Article 42.13, Code of
169-27 Criminal Procedure, is amended to read as follows:
170-1 (b) The board shall provide for notice and a hearing in
170-2 cases in which the division proposes to take an action authorized
170-3 by this section, other than a refusal by the division to provide
170-4 discretionary grant funding or a reduction by the division of
170-5 discretionary grant funding during a funding cycle. The division
170-6 shall define with specificity the conduct that constitutes
170-7 substantial noncompliance with division standards and shall
170-8 establish the procedures to be used in imposing or waiving a
170-9 sanction authorized by this section, subject to approval of the
170-10 definition and the procedures by adoption by the board.
170-11 SECTION 3.016. Section 3(b), Article 42.131, Code of
170-12 Criminal Procedure, is amended to read as follows:
170-13 (b) The community justice council shall appoint a community
170-14 justice task force to provide support staff for the development of
170-15 a community justice plan. The task force may consist of any
170-16 number of members, but should include:
170-17 (1) the county or regional director of the Texas
170-18 Department of Human Services with responsibility for the area to be
170-19 served by the department;
170-20 (2) the chief of police of the most populous
170-21 municipality to be served by the department;
170-22 (3) the chief juvenile probation officer of the
170-23 juvenile probation office serving the most populous area to be
170-24 served by the department;
170-25 (4) the superintendent of the most populous school
170-26 district to be served by the department;
170-27 (5) the supervisor of the Department of Public Safety
171-1 region closest to the department, or the supervisor's designee;
171-2 (6) the county or regional director of the Texas
171-3 Department of Mental Health and Mental Retardation with
171-4 responsibility for the area to be served by the department;
171-5 (7) a substance abuse treatment professional appointed
171-6 by the Council of Governments serving the area to be served by the
171-7 department;
171-8 (8) the department director;
171-9 (9) the local or regional representative of the parole
171-10 <pardons and paroles> division of the Texas Department of Criminal
171-11 Justice with responsibility for the area to be served by the
171-12 department;
171-13 (10) the representative of the Texas Employment
171-14 Commission with responsibility for the area to be served by the
171-15 department;
171-16 (11) the representative of the Texas Rehabilitation
171-17 Commission with responsibility for the area to be served by the
171-18 department;
171-19 (12) a licensed attorney who practices in the area to
171-20 be served by the department and whose practice consists primarily
171-21 of criminal law;
171-22 (13) a court administrator, if one serves the area to
171-23 be served by the department;
171-24 (14) a representative of a community service
171-25 organization that provides adult treatment, educational, or
171-26 vocational services to the area to be served by the department; and
171-27 (15) a representative of an organization in the area
172-1 to be served by the department that is actively involved in issues
172-2 relating to defendants' rights, chosen by the county commissioners
172-3 and county judges of the counties to be served by the department.
172-4 SECTION 3.017. Section 12, Article 42.131, Code of Criminal
172-5 Procedure, as amended by Chapter 988, Acts of the 73rd Legislature,
172-6 Regular Session, 1993, is amended to read as follows:
172-7 Sec. 12. Restitution. (a) If a judge requires a defendant
172-8 to make restitution to a victim of the defendant's offense, and a
172-9 payment is received under this article from the defendant for
172-10 transmittal to a victim of the offense, the community supervision
172-11 and corrections department that receives the payment for
172-12 disbursement to the victim shall immediately deposit the payment in
172-13 an interest-bearing account in the county treasury as required by
172-14 Section 140.003(f), Local Government Code <department having
172-15 original jurisdiction>. The department shall transmit the payment
172-16 to the victim as soon as practicable.
172-17 (b) If a victim cannot be located for receipt of<,
172-18 immediately after receiving> a <final> payment in satisfaction of
172-19 an order of restitution, <for the victim> the department shall
172-20 attempt to notify the victim of that fact by certified mail, mailed
172-21 to the last known address of the victim. If a victim then makes a
172-22 claim for payment, the department promptly shall remit the payment
172-23 to the victim. A department is obligated to make a good faith
172-24 effort to locate and notify a victim that an unclaimed payment
172-25 exists. The department satisfies the good faith requirement under
172-26 this subsection by sending to the victim by certified mail on any
172-27 one occasion during the period the defendant is required to make
173-1 payments a notice that the victim is entitled to an unclaimed
173-2 payment. Not earlier than the fifth anniversary of the date on
173-3 which the department mails notice under this subsection, if the
173-4 victim has not made a claim for payment, the department shall
173-5 transfer the payment from the interest-bearing account to the
173-6 comptroller of public accounts, after deducting five percent of the
173-7 payment as a collection fee and deducting any interest accrued on
173-8 the payment. The comptroller shall deposit the payment in the
173-9 state treasury to the credit of the compensation to victims of
173-10 crime auxiliary fund.
173-11 (c) The collection fee under Subsection (b) of this section
173-12 and the accrued interest under Subsections (a) and (b) of this
173-13 section shall be deposited in the special fund of the county
173-14 treasury provided by Section 10, Article 42.13, of this code to be
173-15 used for the same purposes for which state aid may be used under
173-16 that section. The department has a maximum of 121 days after the
173-17 five-year <four-year> expiration date to transfer the funds to the
173-18 comptroller's office. Failure to comply with the 121-day deadline
173-19 will result in a five percent collection fee penalty calculated
173-20 from the total deposit and all interest attributable to the
173-21 unclaimed funds.
173-22 (d) If the victim of the offense claims the payment during
173-23 the five-year <four-year> period in which the payment is held in
173-24 the interest-bearing account, the department shall pay the victim
173-25 the amount of the original payment, less any interest earned while
173-26 holding the payment. After the payment has been transferred to the
173-27 comptroller, the department has no liability in regard to the
174-1 payment, and any claim for the payment must be made to the
174-2 comptroller. If the victim makes a claim to the comptroller, the
174-3 comptroller shall pay the victim the amount of the original
174-4 payment, less the collection fee, from the compensation to victims
174-5 of crime auxiliary fund.
174-6 SECTION 3.018. Article 43.10, Code of Criminal Procedure, as
174-7 amended by Section 3, Chapter 578, and Section 5.04, Chapter 900,
174-8 Acts of the 73rd Legislature, Regular Session, 1993, is amended and
174-9 reenacted to read as follows:
174-10 Art. 43.10. Manual labor. <(a)> Where the punishment
174-11 assessed in a conviction for misdemeanor is confinement in jail for
174-12 more than one day, or where in such conviction the punishment is
174-13 assessed only at a pecuniary fine and the party so convicted is
174-14 unable to pay the fine and costs adjudged against him, <or where
174-15 the party convicted is required to serve a period of confinement as
174-16 a condition of community supervision,> or where the party is
174-17 sentenced to jail for a felony or is confined in jail after
174-18 conviction of a felony, the party convicted <or required to serve
174-19 the period of confinement> shall be required to work in the county
174-20 jail industries program or shall be required to do manual labor in
174-21 accordance with the provisions of this article under the following
174-22 rules and regulations:
174-23 1. Each commissioners court may provide for the
174-24 erection of a workhouse and the establishment of a county farm in
174-25 connection therewith for the purpose of utilizing the labor of said
174-26 parties so convicted <or required to serve a period of
174-27 confinement>;
175-1 2. Such farms and workhouses shall be under the
175-2 control and management of the sheriff, and the sheriff may adopt
175-3 such rules and regulations not inconsistent with the rules and
175-4 regulations of the Commission on Jail Standards and with the laws
175-5 as the sheriff deems necessary;
175-6 3. Such overseers and guards may be employed by the
175-7 sheriff under the authority of the commissioners court as may be
175-8 necessary to prevent escapes and to enforce such labor, and they
175-9 shall be paid out of the county treasury such compensation as the
175-10 commissioners court may prescribe;
175-11 4. They shall be put to labor upon public works and
175-12 maintenance projects, including public works and maintenance
175-13 projects for a political subdivision located in whole or in part in
175-14 the county;
175-15 5. One who from age, disease, or other physical or
175-16 mental disability is unable to do manual labor shall not be
175-17 required to work. His inability to do manual labor may be
175-18 determined by a physician appointed for that purpose by the county
175-19 judge or the commissioners court, who shall be paid for such
175-20 service such compensation as said court may allow; and
175-21 6. For each day of manual labor, in addition to any
175-22 other credits allowed by law, a defendant is entitled to have one
175-23 day deducted from each sentence <or period of confinement> he is
175-24 serving. The deduction authorized by this article, when combined
175-25 with the deduction required by Article 42.10 of this code, may not
175-26 exceed two-thirds (2/3) of the sentence <or period of confinement>.
175-27 <(b) A sheriff, employee of a sheriff's department, county
176-1 commissioner, county employee, county judge, and employee of a
176-2 community corrections and supervision department, restitution
176-3 center, or officer or employee of a political subdivision other
176-4 than a county is not liable for damages arising from an act or
176-5 failure to act in connection with manual labor performed by an
176-6 inmate pursuant to this article if the act or failure to act:>
176-7 <(1) was performed pursuant to court-ordered
176-8 confinement; and>
176-9 <(2) was not intentional, wilfully or wantonly
176-10 negligent, or performed with conscious indifference or reckless
176-11 disregard for the safety of others.>
176-12 SECTION 3.019. Section 217.001, Labor Code, is amended by
176-13 adding Subdivision (4) to read as follows:
176-14 (4) "State jail division" means the state jail
176-15 division of the department.
176-16 SECTION 3.020. Section 217.002, Labor Code, is amended to
176-17 read as follows:
176-18 Sec. 217.002. Project Rio. The project for reintegration of
176-19 offenders is a statewide employment referral program designed to
176-20 reintegrate into the labor force persons sentenced to a state jail
176-21 felony facility or <formerly confined in> the institutional
176-22 division.
176-23 SECTION 3.021. Section 217.005(a), Labor Code, is amended to
176-24 read as follows:
176-25 (a) The memorandum of understanding must establish the role
176-26 of:
176-27 (1) the institutional division and the state jail
177-1 division in ascertaining and encouraging an inmate's chances for
177-2 employment by:
177-3 (A) providing vocational and educational
177-4 assessment for the person while incarcerated <in the division>;
177-5 (B) developing a skills enhancement program for
177-6 the person while incarcerated, in cooperation with other
177-7 governmental, educational, and private entities, using available
177-8 public or private financial resources authorized by statute; and
177-9 (C) referring the person on release to the
177-10 project through the person's parole officer or supervision officer;
177-11 (2) the community justice assistance division and the
177-12 parole <pardons and paroles> division of the department in:
177-13 (A) encouraging and referring persons to the
177-14 project; and
177-15 (B) ensuring that those persons participate in
177-16 the project and avail themselves of its services; and
177-17 (3) the commission in developing and maintaining a
177-18 statewide network for finding positions of employment that require
177-19 the skills possessed by project participants and in helping those
177-20 participants to secure employment.
177-21 SECTION 3.022. Section 414.010, Government Code, is amended
177-22 to read as follows:
177-23 Sec. 414.010. PAYMENT FROM DEFENDANT ON COMMUNITY
177-24 SUPERVISION. A local crime stoppers program that receives a
177-25 payment from a defendant <probationer> under Section 11(a) <6(h)>,
177-26 Article 42.12, Code of Criminal Procedure, may not use the payment
177-27 for any purpose other than the payment of a reward to a person who
178-1 reports information concerning criminal activity. Not later than
178-2 January 15 of each year, a local crime stoppers program that
178-3 receives or expends money under this section shall file a detailed
178-4 report with the Texas Department of Criminal Justice <Adult
178-5 Probation Commission> that accounts for all money received and
178-6 expended under this section during the preceding year.
178-7 SECTION 3.023. (a) Section 13(e), Article 42.12, Code of
178-8 Criminal Procedure, is repealed.
178-9 (b) Section 2.09(c), Article 42.121, Code of Criminal
178-10 Procedure, is repealed.
178-11 (c) Section 3.111, Article 42.121, Code of Criminal
178-12 Procedure, is repealed.
178-13 SECTION 3.024. This article takes effect September 1, 1995.
178-14 ARTICLE 4
178-15 SECTION 4.001. The importance of this legislation and the
178-16 crowded condition of the calendars in both houses create an
178-17 emergency and an imperative public necessity that the
178-18 constitutional rule requiring bills to be read on three several
178-19 days in each house be suspended, and this rule is hereby suspended,
178-20 and that this Act take effect and be in force according to its
178-21 terms, and it is so enacted.