By Hightower H.B. No. 2162
74R7324 GWK-D
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 rule.
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 county from which the defendant was sentenced is charged under
6-21 the allocation formula established under Section 499.071.
6-22 (4) The department, immediately on receiving notice,
6-23 shall request the parole <pardons and paroles> division to reassume
6-24 custody of the defendant if the defendant was required to
6-25 participate in the program following modification of parole. The
6-26 parole <pardons and paroles> division shall immediately take action
6-27 in accordance with established policies and procedures of the Board
7-1 of Pardons and Paroles to remove the defendant from the program.
7-2 If a parole panel revokes the defendant's parole, the admission of
7-3 the defendant to the institutional division is an admission for
7-4 which the county from which the defendant was sentenced is charged
7-5 under the allocation formula established under Section 499.071.
7-6 (5) If the defendant was transferred to the facility
7-7 from a county jail under Subsection (l), the department shall
7-8 return the defendant to the county jail.
7-9 (6) A court's recommendation that a defendant be
7-10 placed in a program created under this section does not give the
7-11 court the power to hold the department or any officer or employee
7-12 of the department in contempt of court for failure to adhere to
7-13 that recommendation.
7-14 SECTION 1.010. Section 493.009(h), Government Code, is
7-15 amended to read as follows:
7-16 (h) On and after the date persons are required under Section
7-17 14, Article 42.12, Code of Criminal Procedure, to participate in
7-18 the program established under this section, the department shall
7-19 give priority to housing those persons over the categories of
7-20 persons described by Subsections (g)(1)-(3).
7-21 SECTION 1.011. Section 493.009(m), Government Code, is
7-22 amended to read as follows:
7-23 (m) Notwithstanding any other provision of this section, the
7-24 department is authorized to provide substance abuse felony
7-25 punishment facilities, not to exceed 500 beds, for newly provided
7-26 alcohol and drug abuse beds exclusively for persons whose community
7-27 supervision <probation> or parole has been modified.
8-1 SECTION 1.012. Section 493.011, Government Code, is amended
8-2 to read as follows:
8-3 Sec. 493.011. Consultant Contracts for Prison Construction.
8-4 The board may not contract for construction-related consulting
8-5 services to the board with an individual or firm if that individual
8-6 or firm is also under contract with the department <institutional
8-7 division> to provide construction management services for prison
8-8 unit construction.
8-9 SECTION 1.013. Chapter 493, Government Code, is amended by
8-10 adding Section 493.015 to read as follows:
8-11 Sec. 493.015. CERTIFIED PEACE OFFICERS. The executive
8-12 director may appoint employees who are certified by the Commission
8-13 on Law Enforcement Officer Standards and Education as qualified to
8-14 be peace officers to serve under the direction of the executive
8-15 director and assist the executive director in performing the
8-16 enforcement duties of the department. An employee commissioned
8-17 under this section has all the powers, privileges, and immunities
8-18 of a peace officer in the performance of the employee's duties.
8-19 SECTION 1.014. Chapter 493, Government Code, is amended by
8-20 adding Section 493.016 to read as follows:
8-21 Sec. 493.016. INFORMATION OF PUBLIC INTEREST; COMPLAINTS.
8-22 (a) The department shall prepare information of public interest
8-23 describing the functions of the department and the procedures by
8-24 which complaints are filed with and resolved by the department.
8-25 The department shall make the information available to the general
8-26 public and appropriate state agencies.
8-27 (b) The department shall establish methods by which
9-1 interested persons are notified of the name, mailing address, and
9-2 telephone number of the department for the purpose of directing
9-3 complaints to the department.
9-4 (c) The department shall keep an information file about each
9-5 complaint filed with the department by a member of the general
9-6 public that relates to the operations of the department.
9-7 (d) If a written complaint is filed with the department by a
9-8 member of the general public that relates to the operations of the
9-9 department, the department, at least as frequently as quarterly and
9-10 until final disposition of the complaint, shall notify the
9-11 complainant of the status of the complaint unless the notice would
9-12 jeopardize an undercover investigation.
9-13 SECTION 1.015. Chapter 493, Government Code, is amended by
9-14 adding Section 493.017 to read as follows:
9-15 Sec. 493.017. SEAL OF DEPARTMENT. (a) The department shall
9-16 use an official seal to certify documents received by the
9-17 department under Sections 8(a) and (c), Article 42.09, Code of
9-18 Criminal Procedure.
9-19 (b) The official seal must contain an engraved, five-pointed
9-20 star in the center with the words "Texas Department of Criminal
9-21 Justice" around the margin.
9-22 SECTION 1.016. Section 494.002(a), Government Code, is
9-23 amended to read as follows:
9-24 (a) The director of the institutional division may adopt
9-25 policies <rules> governing the humane treatment, training,
9-26 education, rehabilitation, and discipline of inmates and may
9-27 arrange for the separation and classification of inmates according
10-1 to the inmates' sex, age, health, corrigibility, and type of
10-2 offense for which the inmate was sentenced to the institutional
10-3 division.
10-4 SECTION 1.017. Sections 494.003(a) and (b), Government Code,
10-5 are amended to read as follows:
10-6 (a) The department <director of the institutional division>
10-7 shall keep a correct and accurate account of each financial
10-8 transaction involving the institutional division, including the
10-9 receipt and disbursement of money by the division. The department
10-10 <director> shall keep an account of each institutional division
10-11 unit, industry, and farm, and for each person doing business with
10-12 the division.
10-13 (b) The director of the institutional division or a designee
10-14 of the director shall provide a receipt for all money received by
10-15 the institutional division.
10-16 SECTION 1.018. Section 494.012(a), Government Code, is
10-17 amended to read as follows:
10-18 (a) The <director of the> institutional division shall
10-19 evaluate the efficiency of the maintenance staff of each unit of
10-20 the division.
10-21 SECTION 1.019. Subchapter A, Chapter 495, Government Code,
10-22 is amended by adding Section 495.008 to read as follows:
10-23 Sec. 495.008. CONTRACT REVIEW. (a) To ensure that
10-24 contracts entered into by the department with private vendors for
10-25 the operation and management of correctional facilities are
10-26 cost-effective, the department shall review each contract that
10-27 expires during calendar year 1995 or any subsequent calendar year.
11-1 The department shall provide a copy of the review to the
11-2 Legislative Criminal Justice Board.
11-3 (b) The department shall complete the review required by
11-4 Subsection (a) and provide a copy of the review to the Legislative
11-5 Criminal Justice Board not later than August 30, 1995.
11-6 (c) This section expires January 1, 1997.
11-7 SECTION 1.020. Section 496.001, Government Code, is amended
11-8 to read as follows:
11-9 Sec. 496.001. Acquisition of Real Property. The board may
11-10 acquire real property through purchase, subject to specific
11-11 appropriative authority in the General Appropriations Act, or
11-12 through the acceptance of a gift, grant, or donation for a facility
11-13 <prison site>.
11-14 SECTION 1.021. Section 496.002(a), Government Code, is
11-15 amended to read as follows:
11-16 (a) The board has eminent domain authority to condemn and
11-17 acquire land if necessary to eliminate security hazards, protect
11-18 the life and property of citizens of this state, or improve the
11-19 efficiency, management, or operations of the department
11-20 <institutional division>.
11-21 SECTION 1.022. Subchapter A, Chapter 496, Government Code,
11-22 is amended by adding Section 496.0021 to read as follows:
11-23 Sec. 496.0021. SALE OF DEPARTMENT REAL PROPERTY. The board
11-24 may sell state-owned real property under the board's management and
11-25 control at the real property's fair market value. The General Land
11-26 Office shall negotiate and close a transaction under this section
11-27 on behalf of the board using procedures under Section 31.158(c),
12-1 Natural Resources Code. Proceeds from the transaction shall be
12-2 deposited in the Texas capital trust fund.
12-3 SECTION 1.023. Section 496.003, Government Code, is amended
12-4 to read as follows:
12-5 Sec. 496.003. LEASE OF <INSTITUTIONAL DIVISION> REAL
12-6 PROPERTY. (a) The board may lease state-owned real property under
12-7 the board's management and control at the real property's fair
12-8 market lease value. The initial period of a lease under this
12-9 section may not exceed 20 years. The lease may contain terms and
12-10 conditions determined by the board to be in the best interest of
12-11 the department <institutional division>. Neither a member of the
12-12 board nor a person related to a member within the second degree by
12-13 affinity or within the third degree by consanguinity, as determined
12-14 under Subchapter B, Chapter 573 <Article 5996h, Revised Statutes>,
12-15 may own an interest in an entity leasing real property under this
12-16 section.
12-17 (b) The department <institutional division> shall deposit in
12-18 the general revenue <special mineral> fund to the credit of a
12-19 special account <created by Section 34.017, Natural Resources
12-20 Code,> the proceeds of a lease entered into under this section,
12-21 after deducting expenses. The proceeds may be used only for the
12-22 payment of operating expenses of the department <are for the
12-23 exclusive use of the institutional division, as specified by
12-24 legislative appropriation>. Sections 403.094 and 403.095 do not
12-25 apply to the dedication of lease proceeds under this subsection.
12-26 (c) The board shall notify taxing units authorized to impose
12-27 property taxes on land leased under this section that the land has
13-1 been leased. The board shall send a copy of the lease by first
13-2 class mail, return receipt requested, to each taxing unit in which
13-3 the land is located. The lessee is liable for property taxes
13-4 imposed on land leased under this section.
13-5 SECTION 1.024. Section 496.004, Government Code, is amended
13-6 to read as follows:
13-7 Sec. 496.004. Easements. (a) The board<, with the consent
13-8 of the attorney general and governor,> may grant or lease permanent
13-9 or temporary right-of-way easements on department land for:
13-10 (1) public highways, roads and streets, and ditches;
13-11 (2) electric lines and pipelines, including necessary
13-12 wires, pipes, poles, and other equipment used to transmit, convey,
13-13 or distribute water, electricity, gas, oil, or similar substances
13-14 or commodities;
13-15 (3) electrical substations; <or>
13-16 (4) the provision of utilities for the operation of
13-17 facilities of the department and roadways for access to facilities
13-18 of the department; or
13-19 (5) environmental conservation easements.
13-20 (b) The board may not grant or lease an easement unless the
13-21 board receives fair and adequate consideration. However, the board
13-22 may without consideration grant a state highway easement to the
13-23 State Department of Highways and Public Transportation, a roadway
13-24 easement to a county for connecting roads between state highways,
13-25 easements to utility providers for utilities to serve facilities of
13-26 the department, and roadway easements to a city or a county to
13-27 provide roadways for facilities of the department.
14-1 (c) A grant or lease must contain a full reservation of
14-2 minerals in and under the land. The board<, with the consent of the
14-3 attorney general and governor,> may impose other fair and
14-4 reasonable conditions, covenants, and provisions.
14-5 (d) The board shall deposit money received from a grant or
14-6 lease of easements and money received from damages to department
14-7 land in the general revenue fund to the credit of a special account
14-8 <special mineral fund created by Section 34.017, Natural Resources
14-9 Code>. Money received under this section may be used only for the
14-10 payment of operating expenses of the department. Sections 403.094
14-11 and 403.095 do not apply to the dedication of money under this
14-12 section.
14-13 SECTION 1.025. Section 496.005, Government Code, is amended
14-14 to read as follows:
14-15 Sec. 496.005. Tax Exemption. (a) Property associated with
14-16 a facility described by Subsection (b) is exempt from taxation
14-17 during the time the property is used exclusively for the purposes
14-18 of the department <institutional division>.
14-19 (b) This section applies to:
14-20 (1) land in Anderson County owned by the state for the
14-21 use and benefit of the institutional division that is subject to a
14-22 lease granted by the board and a sublease entered into by the
14-23 division and the <State Purchasing and> General Services
14-24 Commission, on which is located the correctional facility known as
14-25 the Mark W. Michael Unit of the Coffield Prison Farm; and
14-26 (2) a parcel of land in Anderson, Brazoria, Coryell,
14-27 Houston, Madison, or Walker County owned by the state for the use
15-1 and benefit of the institutional division that is subject to a
15-2 lease granted by the board and a sublease entered into by the
15-3 division and the <State Purchasing and> General Services
15-4 Commission, on which is located a trusty camp facility.
15-5 SECTION 1.026. Section 496.006, Government Code, is amended
15-6 to read as follows:
15-7 Sec. 496.006. Road Maintenance. (a) The department <board>
15-8 and the Texas Department of <State Highway and Public>
15-9 Transportation <Commission> may enter into and perform an agreement
15-10 or contract for the maintenance of a road in or adjacent to a
15-11 facility <unit> of the department <institutional division>.
15-12 (b) An agreement or contract entered into under this section
15-13 and payments made under the agreement or contract must conform with
15-14 the provisions of Chapter 771 <The Interagency Cooperation Act
15-15 (Article 4413(32), Vernon's Texas Civil Statutes)>.
15-16 SECTION 1.027. Section 496.007, Government Code, is amended
15-17 to read as follows:
15-18 Sec. 496.007. LOCATION OF NEW FACILITIES <UNITS>. <(a)> In
15-19 determining the location of a facility <unit> to be built, the
15-20 department <institutional division>, in evaluating the advantages
15-21 and disadvantages of the proposed location, shall consider whether
15-22 the proposed location is:
15-23 (1) close enough to a county with 100,000 or more
15-24 inhabitants to provide <enable the division and inmates to have>
15-25 access to services and other resources provided in such a county;
15-26 (2) cost-effective with respect to its proximity to
15-27 other facilities of <units in> the department <division>;
16-1 (3) close to an area that would facilitate release of
16-2 inmates or persons confined in state jail felony facilities to
16-3 their area of residence; and
16-4 (4) close to an area that provides adequate
16-5 educational opportunities and medical care.
16-6 <(b) The Criminal Justice Coordinating Council at least once
16-7 a year shall provide the institutional division with a list,
16-8 according to the best information available to the council, of
16-9 counties in this state with 100,000 or more inhabitants.>
16-10 SECTION 1.028. Sections 496.051(a) and (b), Government Code,
16-11 are amended to read as follows:
16-12 (a) The department <institutional division> shall comply
16-13 with any special purchasing procedures requiring competitive review
16-14 under the State Purchasing and General Services Act (Article 601b,
16-15 Vernon's Texas Civil Statutes).
16-16 (b) The board may authorize the executive director to adopt
16-17 policies <rules> allowing the institutional division to purchase
16-18 directly or at public auction livestock, agricultural commodities,
16-19 agricultural or industrial equipment, supplies, and raw materials
16-20 for agricultural or industrial production, breeding, consumption,
16-21 or resale, if the division determines that the purchase is
16-22 economically feasible and advantageous to the division. The State
16-23 Purchasing and General Services Act (Article 601b, Vernon's Texas
16-24 Civil Statutes) does not apply to purchases made under this
16-25 subsection. The institutional division shall notify the <State
16-26 Purchasing and> General Services Commission as soon as practicable
16-27 of a purchase made under this subsection and the purchase price.
17-1 SECTION 1.029. Section 496.0515, Government Code, is amended
17-2 to read as follows:
17-3 Sec. 496.0515. Hazardous Waste Management Contracts.
17-4 (a) The competitive bidding contract procedures established by
17-5 Article 3, State Purchasing and General Services Act (Article 601b,
17-6 Vernon's Texas Civil Statutes), do not apply to a contract awarded
17-7 by the department <institutional division> for:
17-8 (1) testing a solid waste or other substance to
17-9 determine whether the waste or other substance is a hazardous
17-10 waste; or
17-11 (2) the transport, storage, treatment, or disposal of
17-12 a hazardous waste.
17-13 (b) The department <institutional division> shall promulgate
17-14 procedures for the purpose of purchasing under Subsection (a). The
17-15 department <division> shall file copies of the procedures
17-16 promulgated under this subsection with the <State Purchasing and>
17-17 General Services Commission.
17-18 SECTION 1.030. Section 496.052(a), Government Code, is
17-19 amended to read as follows:
17-20 (a) The board may purchase insurance to protect the
17-21 department <institutional division> from loss due to the damage,
17-22 loss, theft, or destruction of department <division> aircraft.
17-23 SECTION 1.031. Section 496.101(a), Government Code, is
17-24 amended to read as follows:
17-25 (a) As funds are appropriated for that purpose, the
17-26 department shall establish for each facility <unit> of the
17-27 department <institutional division> an automated inventory and
18-1 maintenance system that interacts with the centralized computer
18-2 system of the department.
18-3 SECTION 1.032. Section 497.035(a), Government Code, is
18-4 amended to read as follows:
18-5 (a) A person commits an offense if the person intentionally
18-6 sells or offers to sell on the open market in this state an article
18-7 or product the person knows was manufactured in whole or in part by
18-8 an inmate of the institutional division or an inmate in a
18-9 correctional facility in any other state, other than an inmate:
18-10 (1) who was on community supervision, <probation or>
18-11 parole, or mandatory supervision;
18-12 (2) <or> employed by an enterprise who has employed
18-13 the inmate to advantage themselves of the Franchise Tax Credit
18-14 offered under Subchapter L, Chapter 171, Tax Code, at the time of
18-15 manufacture; or
18-16 (3) participating in a federally certified prison
18-17 industry enhancement program.
18-18 SECTION 1.033. Section 497.052, Government Code, is amended
18-19 to read as follows:
18-20 Sec. 497.052. Work Program Privileges. The department
18-21 <pardons and paroles division> may grant work program privileges
18-22 under the work program plan established under this subchapter to
18-23 any inmate in the department, subject to rules adopted and
18-24 conditions imposed under this subchapter. The plan must include
18-25 programs and procedures that allow an eligible person to contribute
18-26 to court-ordered restitution, payment of court costs, support for
18-27 the person's family and dependents, savings for the person's
19-1 release, and expenses of the person's room, board, and maintenance.
19-2 SECTION 1.034. Section 497.053, Government Code, is amended
19-3 to read as follows:
19-4 Sec. 497.053. Establishment of Work Program Plan. The
19-5 department <pardons and paroles division> shall establish a work
19-6 program plan. Under the plan, the department <pardons and paroles
19-7 division> may transfer an eligible person from a unit of
19-8 confinement in the institutional division or a county jail to a
19-9 work facility in which the person remains in the technical custody
19-10 of the department <pardons and paroles division>.
19-11 SECTION 1.035. Section 497.054, Government Code, is amended
19-12 to read as follows:
19-13 Sec. 497.054. Housing for participants. (a) The department
19-14 <pardons and paroles division>, as necessary, shall designate
19-15 facilities in an area in which residents are to be participants in
19-16 the work program plan for the housing of those residents. The
19-17 department <pardons and paroles division> may not grant a resident
19-18 work privileges unless:
19-19 (1) suitable housing for the resident exists in the
19-20 area in which the resident is employed or has an offer of
19-21 employment; or
19-22 (2) the resident is to be placed in a work facility
19-23 that combines employment facilities and living quarters for the
19-24 resident.
19-25 (b) The parole <pardons and paroles> division may assume
19-26 custody of an eligible person who has previously been denied parole
19-27 or whose initial parole eligibility date is more than six months
20-1 but less than two years from the projected date of transfer to a
20-2 work facility and transfer the person to a work facility. The
20-3 parole <pardons and paroles> division may assume custody of a
20-4 person whom the <pardons and paroles> division may transfer under
20-5 Section 499.002, 499.0021, or 499.003 <499.0039(a)> and transfer
20-6 the person to a work facility.
20-7 SECTION 1.036. Section 497.055, Government Code, is amended
20-8 to read as follows:
20-9 Sec. 497.055. Work Program Facilities. (a) In order to
20-10 accept residents transferred by the department <pardons and paroles
20-11 division> under this subchapter, a facility must:
20-12 (1) be a secure community residential facility
20-13 <constructed by or under the authorization of a municipality or
20-14 county>;
20-15 (2) be subject to timely certification by the American
20-16 Correctional Association as a community residential facility;
20-17 (3) include on-site industry programs; and
20-18 (4) allow for full-time participation in training and
20-19 employment programs by each resident.
20-20 (b) A work facility must be <owned by a municipality or
20-21 county and be> operated under a contract between the department
20-22 <pardons and paroles division> and the municipality or county in
20-23 which the facility is located or between the department and a
20-24 private vendor. The contract must provide for the detention,
20-25 employment, education, and rehabilitation of residents in
20-26 accordance with the rules adopted by the board. The contract must
20-27 contain:
21-1 (1) an acknowledgment that payment by the state is
21-2 subject to the availability of appropriations;
21-3 (2) a provision for payment of a maximum amount per
21-4 biennium;
21-5 (3) a covenant that the work facility and all its
21-6 associated programs and services, including costs of construction,
21-7 acquisition, or adaptation of the facility, be provided at a
21-8 savings of not less than 10 percent of the resident-per-day
21-9 operational cost to the state for the institutional division's
21-10 general population category, as calculated by the Criminal Justice
21-11 Policy Council in its most current Texas correctional costs
21-12 analysis, excluding cost of facility construction, acquisition, or
21-13 adaptation;
21-14 (4) a provision permitting the state to terminate the
21-15 contract for cause, including as cause the failure to meet the
21-16 conditions required by this subchapter and other conditions in the
21-17 contract;
21-18 (5) a provision providing for cost adjustments only
21-19 once in each biennium, to take effect at the beginning of the next
21-20 biennium;
21-21 (6) a contract term of not more than three years, with
21-22 an option to renew for additional periods of two years;
21-23 (7) a provision for an adequate plan of insurance to
21-24 protect the state against all claims, including civil rights
21-25 violations, arising from the services performed under the contract
21-26 by the contracting party, to protect the state from actions by a
21-27 third party against the contracting party or subcontractor of the
22-1 contracting party, and to protect the state from actions by
22-2 officers, guards, employees, or agents of the contracting party or
22-3 its subcontractor;
22-4 (8) a provision adopting, to the extent allowable
22-5 under applicable law, a plan for the purchase and assumption of
22-6 operations by the state in the event of the inability of the
22-7 contracting party to perform its duties under the contract; and
22-8 (9) a provision establishing comprehensive standards
22-9 for conditions of confinement.
22-10 (c) A work facility may not hold more than an average daily
22-11 population of 500 residents.
22-12 (d) A municipality, <or> county, or private vendor that has
22-13 a contract with the department <pardons and paroles division> to
22-14 own and operate a work facility may subcontract with one or more
22-15 private vendors to construct, operate, or manage the facility and
22-16 provide for the detention, employment, education, and
22-17 rehabilitation services under the contract with the department
22-18 <pardons and paroles division>. A subcontractor must demonstrate
22-19 to the satisfaction of the municipality, <or> county, or private
22-20 vendor that it possesses the necessary management personnel and
22-21 expertise to carry out the obligations of a subcontract <with the
22-22 municipality or county> in accordance with applicable standards of
22-23 the American Correctional Association.
22-24 (e) A work facility is subject to regular, on-site
22-25 monitoring by the department <pardons and paroles division>.
22-26 (f) Before the execution of a contract with the department
22-27 <pardons and paroles division>, the governing body of a contracting
23-1 <the> municipality, <or> county, or private vendor must receive the
23-2 written approval of the chief of police of the municipality or the
23-3 sheriff of the county as to the provision of work facilities in
23-4 that law enforcement jurisdiction.
23-5 (g) A subcontract entered into by a municipality, <or>
23-6 county, or private vendor with a private vendor for the provision
23-7 of all or any part of a work facility, including its acquisition,
23-8 adaptation, or construction and its detention, employment,
23-9 education, and rehabilitation programs, must contain an express
23-10 statement that the subcontractor is subject to the same standards
23-11 and requirements imposed by the contract on the municipality, <or>
23-12 county, or private vendor.
23-13 (h) A municipality, <or> county, or private vendor that owns
23-14 a work facility and <or> a subcontractor of the municipality, <or>
23-15 county, or private vendor may not:
23-16 (1) calculate release and parole eligibility dates;
23-17 (2) award good conduct time;
23-18 (3) approve a resident for work, medical, or temporary
23-19 release from the facility or for pre-parole transfer; or
23-20 (4) classify a resident for or place a resident in
23-21 less restrictive custody than that ordered by the department
23-22 <pardons and paroles division>.
23-23 (i) A municipality or county may acquire, adapt, or
23-24 construct a work facility operated within the requirements and
23-25 constraints established by this subchapter with the proceeds of
23-26 certificates of obligation of the municipality or county issued in
23-27 the manner prescribed by Subchapter C, Chapter 271, Local
24-1 Government Code.
24-2 (j) A municipality or county may pledge all or part of the
24-3 revenues received by the municipality or county from the department
24-4 <pardons and paroles division> under a contract authorized by this
24-5 section to secure or pay certificates of obligation. The
24-6 certificates of obligation must be made payable solely from and
24-7 secured solely by those revenues.
24-8 SECTION 1.037. Section 497.056, Government Code, is amended
24-9 to read as follows:
24-10 Sec. 497.056. Work Program Plan. (a) A resident
24-11 transferred under the conditional work program under this section
24-12 remains in the legal custody of the department <pardons and paroles
24-13 division> and is subject to the orders of the department <division>
24-14 and the rules of the work facility.
24-15 (b) The department shall establish policies <board shall
24-16 adopt rules> for the administration of the conditional work
24-17 program. The policies <rules> must include a work program contract
24-18 that includes an agreement by the resident to<:>
24-19 <(1)> contribute <to the owner, operator, or manager
24-20 of the work facility,> from the wages <funds> received by the
24-21 resident for the resident's participation in on-site industries'
24-22 <training and> employment, not more than 80 percent of the wages
24-23 <funds>, to be used or distributed by the owner, operator, or
24-24 manager of the work facility in accordance with rules adopted by
24-25 the board to comply with the federal prison enhancement
24-26 certification program established under 18 U.S.C. Section 1761 <to
24-27 pay all or a part of:>
25-1 <(A) costs of supervision;>
25-2 <(B) costs of being quartered in the facility;>
25-3 <(C) restitution to the victim or victims of the
25-4 resident;>
25-5 <(D) savings to be retained for the resident in
25-6 a designated account for the resident's benefit and receipt on
25-7 release; and>
25-8 <(E) support of the resident's dependents, if
25-9 any;>
25-10 <(2) serve at least six months in the work facility
25-11 before requesting parole review under Section 8(b), Article 42.18,
25-12 Code of Criminal Procedure, and to serve at least six months
25-13 regardless of whether the resident becomes eligible for mandatory
25-14 supervision under Section 8(c), Article 42.18, Code of Criminal
25-15 Procedure, during that period; and>
25-16 <(3) participate in the employment, education, and
25-17 rehabilitation programs available at the work facility to the
25-18 extent that participation is recommended by the professional staff
25-19 of the facility>.
25-20 (c) The department <board> shall establish policies <adopt
25-21 rules> for the conduct of residents transferred under this
25-22 subchapter.
25-23 (d) In determining which residents may be promoted within
25-24 the program, the department <pardons and paroles division> shall
25-25 consider:
25-26 (1) the level of job performance achieved by the
25-27 resident;
26-1 (2) the willingness of the resident to take
26-2 instruction or training related to the resident's assigned task;
26-3 (3) the resident's work attendance record; and
26-4 (4) the resident's disciplinary record.
26-5 SECTION 1.038. Section 497.057, Government Code, is amended
26-6 to read as follows:
26-7 Sec. 497.057. On-Site Employment. On-site employment for
26-8 residents under this subchapter is subject to the following
26-9 conditions:
26-10 (1) the employment must be at a wage at least as high
26-11 as the prevailing wage for similar work in the area or community
26-12 where the work is performed, and be in accordance with the
26-13 prevailing working conditions in the area or community;
26-14 (2) the employment may not result in the displacement
26-15 of an employed worker in the locality of the work facility;
26-16 (3) a resident eligible for work program privileges
26-17 may not be employed as a strikebreaker or to impair an existing
26-18 contract; and
26-19 (4) an eligible resident may not be exploited in any
26-20 manner, whether the exploitation affects the community, the
26-21 resident, or the department <institutional division>.
26-22 SECTION 1.039. Section 497.059, Government Code, is amended
26-23 to read as follows:
26-24 Sec. 497.059. Disciplinary Proceedings. (a) On transfer, a
26-25 work program resident is subject to supervision by the department
26-26 <pardons and paroles division>.
26-27 (b) A facility director <An officer assigned by the pardons
27-1 and paroles division to supervise a resident transferred under this
27-2 subchapter must make periodic written reports to the pardons and
27-3 paroles division concerning the resident's adjustment. The
27-4 officer> shall immediately report to the department <pardons and
27-5 paroles division> in writing if the facility director <officer>
27-6 believes that the resident violated the terms of the work program
27-7 contract or the rules of the work facility. <The officer may
27-8 include in the report the officer's recommendation as to the
27-9 disciplinary action the pardons and paroles division should take in
27-10 the case. The officer may also recommend to the pardons and
27-11 paroles division that a parole panel rescind or revise the
27-12 resident's presumptive parole date.> The department <pardons and
27-13 paroles division> may require an agent of the department <pardons
27-14 and paroles division> or the work facility to conduct a
27-15 disciplinary hearing.
27-16 (c) If the department <pardons and paroles division> has an
27-17 administrative need to deliver a resident to the actual custody of
27-18 the institutional division or if after a disciplinary hearing the
27-19 department <pardons and paroles division> concurs that a violation
27-20 has occurred, the department <pardons and paroles division with the
27-21 approval of the institutional division> may deliver the resident to
27-22 the actual custody of the institutional division, and the
27-23 institutional division may assign the resident to a regular unit of
27-24 the institutional division. <If the officer reporting a violation
27-25 recommends a disciplinary action, the pardons and paroles division
27-26 shall follow the recommendation unless it determines that another
27-27 disciplinary action is more appropriate. If the officer recommends
28-1 rescission or revision of the resident's presumptive parole date, a
28-2 parole panel shall rescind or revise the date unless it determines
28-3 the action is inappropriate.>
28-4 (d) Before <During the period after> a resident is
28-5 transferred to a work program under this subchapter and before the
28-6 resident is released on parole, the institutional <pardons and
28-7 paroles> division may award good conduct time to the resident
28-8 <earned by the resident during the period>, in the same amounts and
28-9 in the same manner as the <director of the> institutional division
28-10 awards good conduct time to inmates in the institutional division
28-11 under Chapter 498.
28-12 SECTION 1.040. Section 497.091, Government Code, is amended
28-13 to read as follows:
28-14 Sec. 497.091. Contracts for Inmate Labor. (a) In this
28-15 section:
28-16 (1) "Agency" has the meaning assigned that term by
28-17 Section 771.002 <2, The Interagency Cooperation Act (Article
28-18 4413(32), Vernon's Texas Civil Statutes)>.
28-19 (2) "Local government" has the meaning assigned that
28-20 term by Section 791.003 <3, The Interlocal Cooperation Act (Article
28-21 4413(32c), Vernon's Texas Civil Statutes)>.
28-22 (b) The institutional division shall seek contracts with
28-23 agencies and local governments to provide inmate labor to those
28-24 agencies and governments.
28-25 (c) The institutional division may not enter into a contract
28-26 with an agency under this section unless the contract complies with
28-27 Chapter 771 <The Interagency Cooperation Act (Article 4413(32),
29-1 Vernon's Texas Civil Statutes)> and may not enter into a contract
29-2 with a local government under this section unless the contract
29-3 complies with Chapter 791 <The Interlocal Cooperation Act (Article
29-4 4413(32c), Vernon's Texas Civil Statutes)>. A contract entered
29-5 into under this section may provide that the institutional division
29-6 be reimbursed for expenses incurred by the division in providing
29-7 inmate labor to the agency or local government.
29-8 SECTION 1.041. Section 497.092(b), Government Code, is
29-9 amended to read as follows:
29-10 (b) An agreement or contract entered into under this section
29-11 and payments made under the agreement or contract must conform with
29-12 Chapter 771 <The Interagency Cooperation Act (Article 4413(32),
29-13 Vernon's Texas Civil Statutes)>.
29-14 SECTION 1.042. Section 497.094, Government Code, is amended
29-15 to read as follows:
29-16 Sec. 497.094. Job Training Programs. The department
29-17 <institutional division and the pardons and paroles division by
29-18 rule> shall <adopt a memorandum of understanding that establishes
29-19 the respective responsibility of the institutional division to>
29-20 implement job training programs for inmates and <of the pardons and
29-21 paroles division to> monitor the success of those programs. The
29-22 department <memorandum> must establish a method by which the
29-23 <pardons and paroles division provides the> institutional division
29-24 collects <with> information relating to the employment histories of
29-25 inmates released from the institutional division on parole and
29-26 mandatory supervision. <The institutional division shall
29-27 coordinate the development of the memorandum of understanding.>
30-1 SECTION 1.043. Section 497.096, Government Code, is amended
30-2 to read as follows:
30-3 Sec. 497.096. Liability Protections. An employee of the
30-4 Texas Department of Criminal Justice, sheriff, employee of a
30-5 sheriff's department, county commissioner, county employee, county
30-6 judge, employee of a community corrections and supervision
30-7 department, restitution center, or officer or employee of a
30-8 political subdivision other than a county is not liable for damages
30-9 arising from an act or failure to act in connection with community
30-10 service performed by an inmate imprisoned in a facility operated by
30-11 the institutional division <pursuant to court order> or in
30-12 connection with an inmate or offender programmatic or
30-13 nonprogrammatic activity, including work, community service,
30-14 educational, and treatment activities, if the act or failure to act
30-15 was not intentional, wilfully or wantonly negligent, or performed
30-16 with conscious indifference or reckless disregard for the safety of
30-17 others.
30-18 SECTION 1.044. Subchapter E, Chapter 497, Government Code,
30-19 is amended by adding Section 497.097 to read as follows:
30-20 Sec. 497.097. USE OF STATE JAIL FELONS. The director of the
30-21 institutional division, with the approval of the director of the
30-22 state jail division, may use the labor of defendants confined in a
30-23 state jail felony facility in any program or project in which the
30-24 use of inmate labor is authorized by this subchapter.
30-25 SECTION 1.045. Section 498.001(1), Government Code, is
30-26 amended to read as follows:
30-27 (1) "Inmate" means a person confined by order of a
31-1 court in the institutional division, whether the person is actually
31-2 confined in the institution or is under the supervision or custody
31-3 of the parole <pardons and paroles> division.
31-4 SECTION 1.046. Section 498.002, Government Code, is amended
31-5 to read as follows:
31-6 Sec. 498.002. Classification and Reclassification. The
31-7 institutional division shall classify each inmate as soon as
31-8 practicable on the inmate's arrival at the division, a detention
31-9 center operated by the division, or a transfer facility and,
31-10 subject to the requirements of Section 498.005, shall reclassify
31-11 the inmate as circumstances warrant. Each inmate must be
31-12 classified according to the inmate's conduct, obedience, industry,
31-13 and criminal history. The director of the institutional division
31-14 shall maintain a record on each inmate showing each classification
31-15 and reclassification of the inmate with the date and reason for
31-16 each classification or reclassification. The institutional
31-17 division may classify each inmate on the inmate's arrival at the
31-18 division, a detention center operated by the division, or a
31-19 transfer facility in a time-earning category that does not allow
31-20 the inmate to earn more than 30 days' good conduct time for each 30
31-21 days actually served.
31-22 SECTION 1.047. Section 498.003, Government Code, is amended
31-23 to read as follows:
31-24 Sec. 498.003. Accrual of Good Conduct Time. (a) Good
31-25 conduct time applies only to eligibility for parole or mandatory
31-26 supervision as provided by Section 8, Article 42.18, Code of
31-27 Criminal Procedure, and does not otherwise affect an inmate's term.
32-1 Good conduct time is a privilege and not a right. Regardless of
32-2 the classification of an inmate, the <director of the>
32-3 institutional division may grant good conduct time to the inmate
32-4 only if the division <director> finds that the inmate is actively
32-5 engaged in an agricultural, vocational, or educational endeavor or
32-6 in an industrial program or other work program, unless the division
32-7 <director> finds that the inmate is not capable of participating in
32-8 such an endeavor.
32-9 (b) An inmate accrues good conduct time according to the
32-10 inmate's classification in amounts as follows:
32-11 (1) 20 days for each 30 days actually served while the
32-12 inmate is classified as a trusty, except that the <director of the>
32-13 institutional division may award the inmate not more than 10 extra
32-14 days for each 30 days actually served;
32-15 (2) 20 days for each 30 days actually served while the
32-16 inmate is classified as a Class I inmate; and
32-17 (3) 10 days for each 30 days actually served while the
32-18 inmate is classified as a Class II inmate.
32-19 (c) An inmate may not accrue good conduct time during any
32-20 period the inmate is classified as a Class III inmate or is on
32-21 parole or under mandatory supervision.
32-22 (d) An inmate may accrue good conduct time, in an amount
32-23 determined by the <director of the> institutional division that
32-24 does not exceed 15 days for each 30 days actually served, for
32-25 diligent participation in an industrial program or other work
32-26 program or for participation in an agricultural, educational, or
32-27 vocational program provided to inmates by the institutional
33-1 division. For the purposes of this subsection, the term
33-2 "participation in an educational program" includes the
33-3 participation of the inmate as a tutor or a pupil in a literacy
33-4 program authorized by Section 501.005. The institutional division
33-5 may not award good conduct time under this subsection for
33-6 participation in a literacy program unless the division determines
33-7 that the inmate participated in good faith and with diligence as a
33-8 tutor or pupil.
33-9 (e) If a person is confined in a county jail or a transfer
33-10 facility operated by the institutional division <is transferred to
33-11 any other facility of the institutional division for confinement
33-12 purposes>, the <director of the> institutional division shall award
33-13 good conduct time to the person up to an amount equal to that which
33-14 the person would <could> have accrued during the period of
33-15 confinement in the county jail or transfer facility if instead the
33-16 person had been imprisoned in the division <during that period>.
33-17 The <director of the> institutional division shall award good
33-18 conduct time to a defendant for diligent participation in a
33-19 voluntary work program operated by a sheriff under Article 43.101,
33-20 Code of Criminal Procedure, in the same manner as if the inmate had
33-21 diligently participated in an industrial program or other work
33-22 program provided to inmates by the institutional division. The
33-23 sheriff of each county shall have attached a certification of:
33-24 (1) any disciplinary proceedings involving the inmate
33-25 during the period of confinement in county jail; and
33-26 (2) the number of days each inmate diligently
33-27 participated in the volunteer work program operated by the sheriff
34-1 under Article 43.101, Code of Criminal Procedure.
34-2 (f) The institutional division, with the cooperation of the
34-3 Commission on Jail Standards, shall establish certification
34-4 standards for county jail disciplinary proceedings and may reduce
34-5 awards of good conduct time on the basis of findings made during
34-6 certified disciplinary proceedings.
34-7 SECTION 1.048. Section 498.004, Government Code, is amended
34-8 to read as follows:
34-9 Sec. 498.004. Forfeiture and Restoration of Good Conduct
34-10 Time. (a) If, during the actual term of imprisonment of an inmate
34-11 in the institutional division, the inmate commits an offense or
34-12 violates a rule of the division, the <director of the>
34-13 institutional division may forfeit all or any part of the inmate's
34-14 accrued good conduct time. The <director of the> institutional
34-15 division may restore good conduct time forfeited under this
34-16 subsection subject to policies established <rules adopted> by the
34-17 institutional division.
34-18 (b) On the revocation of parole or mandatory supervision of
34-19 an inmate, the inmate forfeits all good conduct time previously
34-20 accrued. On return to the institutional division the inmate may
34-21 accrue new good conduct time for subsequent time served in the
34-22 division. The <director of the> institutional division may restore
34-23 good conduct time forfeited on a revocation that does not involve a
34-24 new criminal conviction after the inmate has served at least three
34-25 months of good behavior in the institutional division, subject to
34-26 rules adopted by the division. Not later than the 60th day after
34-27 the date an inmate is returned to the institutional division
35-1 following a revocation of parole or mandatory supervision, the
35-2 parole <pardons and paroles> division shall notify the <director of
35-3 the> institutional division of the grounds for revocation.
35-4 SECTION 1.049. (a) Chapter 498, Government Code, is amended
35-5 by adding Section 498.0045 to read as follows:
35-6 Sec. 498.0045. FORFEITURE OF GOOD CONDUCT TIME: FRIVOLOUS
35-7 LAWSUITS. (a) The director of the institutional division shall
35-8 forfeit an inmate's good conduct time in the amount specified by
35-9 Subsection (b) on:
35-10 (1) receipt by the director of a certified copy of a
35-11 final order of a state or federal court that dismisses as frivolous
35-12 a lawsuit filed by an inmate while the inmate was in the custody of
35-13 the department; and
35-14 (2) a determination that the director on one or more
35-15 previous occasions has received a certified copy of a final order
35-16 of a state or federal court dismissing as frivolous a lawsuit filed
35-17 previously by the inmate while the inmate was in the custody of the
35-18 department.
35-19 (b) On receipt of a final order described by Subsection
35-20 (a)(1), the director shall forfeit:
35-21 (1) 60 days of an inmate's accrued good conduct time,
35-22 if the director has previously received one final order described
35-23 by Subsection (a)(2);
35-24 (2) 120 days of an inmate's accrued good conduct time,
35-25 if the director has previously received two final orders described
35-26 by Subsection (a)(2); or
35-27 (3) 180 days of an inmate's accrued good conduct time,
36-1 if the director has previously received three or more final orders
36-2 described by Subsection (a)(2).
36-3 (c) The director may not restore good conduct time forfeited
36-4 under this section.
36-5 (b) Section 498.0045, Government Code, as added by this Act,
36-6 applies only to a forfeiture of good conduct time based on the
36-7 filing in court of a lawsuit on or after that date.
36-8 SECTION 1.050. Section 498.005, Government Code, is amended
36-9 to read as follows:
36-10 Sec. 498.005. Annual Review of Classification; Restoration
36-11 of Good Time; Retroactive Award of Good Time. At least annually,
36-12 the board shall review the institutional division's policies
36-13 <rules> relating to restoration of good conduct time that has been
36-14 forfeited, the manner in which inmates are reclassified, and the
36-15 manner in which additional good conduct time is awarded
36-16 retroactively to inmates who have been reclassified. The board
36-17 shall consider in its review whether the inmate overcrowding in the
36-18 institutional division has decreased and whether it is necessary
36-19 for purposes of decreasing overcrowding to classify inmates
36-20 according to Section 498.002 to restore good conduct time under
36-21 Section 498.004, or to award additional good conduct time
36-22 retroactively to inmates who have been reclassified. If the board
36-23 determines that overcrowding has decreased and it is not necessary
36-24 to restore good conduct time or award additional good conduct time,
36-25 it shall direct the institutional division to discontinue those
36-26 practices.
36-27 SECTION 1.051. Sections 499.001(1) and (3), Government Code,
37-1 are amended to read as follows:
37-2 (1) "Community residential facility" means a facility
37-3 <halfway house certified by and> under contract with the department
37-4 <pardons and paroles division> under Section 8(i), Article 42.18,
37-5 Code of Criminal Procedure, or another facility or residence
37-6 approved by the department <pardons and paroles division>.
37-7 (3) "Pre-parolee" means an eligible inmate of whom the
37-8 parole <pardons and paroles> division has assumed custody.
37-9 SECTION 1.052. Sections 499.002(a) and (b), Government Code,
37-10 are amended to read as follows:
37-11 (a) The parole <pardons and paroles> division may assume
37-12 custody of an eligible inmate not more than 180 days before the
37-13 inmate's presumptive parole date. The eligible inmate becomes a
37-14 pre-parolee on the date the parole <pardons and paroles> division
37-15 assumes custody, and the parole <pardons and paroles> division
37-16 immediately shall transfer the pre-parolee to a community
37-17 residential facility. Except as otherwise provided by this
37-18 subchapter, the pre-parolee may serve the remainder of the
37-19 pre-parolee's sentence before release on parole in the facility
37-20 designated by the parole <pardons and paroles> division.
37-21 (b) At the time of the transfer of the pre-parolee, the
37-22 parole <pardons and paroles> division shall designate a community
37-23 residential facility as the pre-parolee's assigned unit of
37-24 confinement.
37-25 SECTION 1.053. Section 499.0021, Government Code, is amended
37-26 to read as follows:
37-27 Sec. 499.0021. Transfer of revoked INMATES <PROBATIONERS>.
38-1 (a) An inmate is eligible for transfer under this section if the
38-2 inmate is confined in the institutional division or a county jail
38-3 following revocation of community supervision <probation> on
38-4 grounds other than the commission of a subsequent felony offense.
38-5 (b) The parole <pardons and paroles> division may assume
38-6 custody of an inmate who is eligible for transfer under this
38-7 section not earlier than one year before the inmate's presumptive
38-8 parole date. The inmate becomes a pre-parolee on the date the
38-9 parole <pardons and paroles> division assumes custody, and the
38-10 parole <pardons and paroles> division immediately shall transfer
38-11 the pre-parolee to a facility under contract with the department
38-12 <division>, which may be a community residential facility, a
38-13 community corrections facility listed in Section 1(b), Article
38-14 42.13, Code of Criminal Procedure, or a county correctional
38-15 facility. A pre-parolee transferred under this section is
38-16 considered to be in the actual physical custody of the parole
38-17 <pardons and paroles> division.
38-18 (c) A pre-parolee transferred by the parole <pardons and
38-19 paroles> division to a facility under this section is subject to
38-20 the provisions of Sections 499.002(c), 499.004, <and> 499.005, and
38-21 499.006 in the same manner as if the person were a pre-parolee who
38-22 had been transferred to a community residential facility under
38-23 Section 499.002.
38-24 SECTION 1.054. Section 499.003, Government Code, is amended
38-25 to read as follows:
38-26 Sec. 499.003. Transfer From Jail or Other Correctional
38-27 Facility. (a) A person is eligible for transfer under this
39-1 section from a jail or correctional institution to a secure
39-2 community residential facility if:
39-3 (1) the person has been sentenced to a term of
39-4 confinement in the institutional division;
39-5 (2) the person has not been delivered to the custody
39-6 of the institutional division, but rather is confined in a jail in
39-7 this state, a federal correctional institution, or a jail or
39-8 correctional institution in another state; and
39-9 (3) a presumptive parole date for the person has been
39-10 established.
39-11 (b) The parole <pardons and paroles> division may authorize
39-12 the transfer of an eligible person from a jail in this state, a
39-13 federal correctional institution, or a jail or correctional
39-14 institution in another state to a secure community residential
39-15 facility designated by the <pardons and paroles> division not more
39-16 than 180 days before the person's presumptive parole date. A
39-17 person transferred under this section is considered to be in the
39-18 actual physical custody of the parole <pardons and paroles>
39-19 division.
39-20 (c) A person transferred by the parole <pardons and paroles>
39-21 division to a secure community residential facility is subject to
39-22 the provisions of Sections 499.002(c), 499.004, <and> 499.005, and
39-23 499.006 in the same manner as if the person is a pre-parolee who
39-24 had been transferred to a community residential facility under
39-25 Section 499.002.
39-26 (d) The parole <pardons and paroles> division may request of
39-27 a sheriff that the sheriff forward to the parole <pardons and
40-1 paroles> division copies of any records possessed by the sheriff
40-2 that are relevant to the parole <pardons and paroles> division in
40-3 its determination as to whether to transfer a person from the
40-4 county jail to a secure community residential facility, and the
40-5 parole <pardons and paroles> division shall request the sheriff to
40-6 forward to the institutional division and to the parole <pardons
40-7 and paroles> division the information relating to the defendant the
40-8 sheriff would be required under Section 8, Article 42.09, Code of
40-9 Criminal Procedure, to deliver to the institutional division had
40-10 the defendant been transferred to the institutional division. The
40-11 parole <pardons and paroles> division shall determine whether the
40-12 information forwarded by the sheriff contains a thumbprint taken
40-13 from the person in the manner provided by Article 38.33, Code of
40-14 Criminal Procedure, and, if not, the parole <pardons and paroles>
40-15 division shall obtain a thumbprint in the manner provided by that
40-16 article, and shall forward the thumbprint to the institutional
40-17 division for inclusion with the information sent by the sheriff.
40-18 The sheriff shall comply with a request from the parole <pardons
40-19 and paroles> division made under this subsection.
40-20 SECTION 1.055. Section 499.004, Government Code, is amended
40-21 to read as follows:
40-22 Sec. 499.004. Rules; Supervision of Pre-Parolees. (a) The
40-23 board <Board of Pardons and Paroles> shall adopt rules for the
40-24 conduct of pre-parolees transferred under this subchapter.
40-25 (b) On transfer, the pre-parolee is subject to supervision
40-26 by the parole <pardons and paroles> division and shall obey the
40-27 orders of the <Board of Pardons and Paroles and the pardons and
41-1 paroles> division.
41-2 (c) A facility director <An officer assigned by the pardons
41-3 and paroles division to supervise a pre-parolee transferred under
41-4 this subchapter must make periodic written reports to the pardons
41-5 and paroles division concerning the pre-parolee's adjustment. The
41-6 officer> shall immediately report to the parole <pardons and
41-7 paroles> division in writing if the officer believes that a <the>
41-8 pre-parolee has violated the terms of the pre-parolee's transfer
41-9 agreement or the rules of the facility <and may include in the
41-10 report the officer's recommendation as to the disciplinary action
41-11 the pardons and paroles division should take in the case. The
41-12 officer may also recommend to a parole panel that it rescind or
41-13 revise the pre-parolee's presumptive parole date>. The parole
41-14 <pardons and paroles> division may require an agent of the <pardons
41-15 and paroles> division or the community residential facility to
41-16 conduct a hearing.
41-17 (d) If the parole <pardons and paroles> division has an
41-18 administrative need to deliver the pre-parolee to the custody of
41-19 the institutional division or if after a disciplinary hearing the
41-20 parole <pardons and paroles> division concurs that a violation has
41-21 occurred, the parole <pardons and paroles> division with the
41-22 approval of the institutional division may deliver the pre-parolee
41-23 to the actual custody of the institutional division and the
41-24 institutional division may assign the pre-parolee to a regular unit
41-25 of the institutional division. <If the officer reporting a
41-26 violation recommends a disciplinary action, the pardons and paroles
41-27 division shall follow the recommendation unless it determines that
42-1 another disciplinary action is more appropriate.> If the parole
42-2 division <officer> recommends rescission or revision of the
42-3 pre-parolee's presumptive parole date, a parole panel shall rescind
42-4 or revise the date unless it determines the action is
42-5 inappropriate.
42-6 (e) Before <During the period after> a pre-parolee is
42-7 transferred to a community residential facility under this section
42-8 <article> and before the pre-parolee is released on parole, the
42-9 institutional <pardons and paroles> division may award good conduct
42-10 time to the pre-parolee <earned by the pre-parolee during that
42-11 period> in the same amounts and in the same manner as the <director
42-12 of the> institutional division awards good conduct time to inmates
42-13 <prisoners> in the department under Section 498.003.
42-14 SECTION 1.056. Section 499.005(a), Government Code, is
42-15 amended to read as follows:
42-16 (a) If a pre-parolee transferred under this subchapter
42-17 satisfactorily serves a term in a community residential facility or
42-18 a term under electronic monitoring until the pre-parolee's
42-19 presumptive parole date, the parole division <Board of Pardons and
42-20 Paroles> may transfer the pre-parolee from pre-parole status to
42-21 parole status and <the Board of Pardons and Paroles may> issue the
42-22 pre-parolee an appropriate certificate of release to conditional
42-23 freedom under Article 42.18, Code of Criminal Procedure.
42-24 SECTION 1.057. Section 499.006, Government Code, is amended
42-25 to read as follows:
42-26 Sec. 499.006. ELECTRONIC MONITORING. The parole division
42-27 may transfer a pre-parolee from a community residential facility to
43-1 supervision under an electronic monitoring system. <INTERAGENCY
43-2 CONTRACTS. (a) The pardons and paroles division and the
43-3 institutional division may enter into interagency contracts for the
43-4 purpose of accomplishing pre-parole transfers to community
43-5 residential facilities.>
43-6 <(b) The pardons and paroles division and the institutional
43-7 division shall enter into a memorandum of understanding
43-8 establishing:>
43-9 <(1) criteria for the return of pre-parolees from
43-10 community residential facilities to the institutional division and
43-11 for the delivery to the institutional division of persons confined
43-12 in a community residential facility under Section 499.003;>
43-13 <(2) a quota system limiting the number of returns or
43-14 deliveries in any month; and>
43-15 <(3) a procedure for transmitting to the institutional
43-16 division information received by the pardons and paroles division
43-17 under Section 499.003(d).>
43-18 <(c) The pardons and paroles division and the institutional
43-19 division by rule shall adopt the memorandum of understanding
43-20 required by this section.>
43-21 SECTION 1.058. Section 499.021(2), Government Code, is
43-22 amended to read as follows:
43-23 (2) "Intensive supervision parole" means a parole
43-24 supervision program established by the department <pardons and
43-25 paroles division> under Section 24, Article 42.18, Code of Criminal
43-26 Procedure.
43-27 SECTION 1.059. Section 499.026(d), Government Code, is
44-1 amended to read as follows:
44-2 (d) Not later than the 10th day before the date on which a
44-3 parole panel proposes to release an inmate under this subchapter,
44-4 the department <pardons and paroles division> shall give notice of
44-5 the proposed release to the sheriff, the attorney representing the
44-6 state, and the district judge of the county in which the defendant
44-7 was convicted. If there was a change of venue in the case, the
44-8 department <pardons and paroles division> shall also notify the
44-9 sheriff, the attorney representing the state, and the district
44-10 judge of the county in which the prosecution was originated.
44-11 SECTION 1.060. Sections 499.027(b) and (c), Government Code,
44-12 are amended to read as follows:
44-13 (b) An inmate is not eligible under this subchapter to be
44-14 considered for release to intensive supervision parole if:
44-15 (1) the inmate is awaiting transfer to the
44-16 institutional division, or serving a sentence, for an offense for
44-17 which the judgment contains an affirmative finding under Section
44-18 3g(a)(2), Article 42.12, Code of Criminal Procedure;
44-19 (2) the inmate is awaiting transfer to the
44-20 institutional division, or serving a sentence, for an offense
44-21 listed in one of the following sections of the Penal Code:
44-22 (A) Section 19.02 (murder);
44-23 (B) Section 19.03 (capital murder);
44-24 (C) Section 19.04 (<voluntary> manslaughter);
44-25 (D) Section 20.03 (kidnapping);
44-26 (E) Section 20.04 (aggravated kidnapping);
44-27 (F) Section 21.11 (indecency with a child);
45-1 (G) Section 22.011 (sexual assault);
45-2 (H) Section 22.02 <22.021> (aggravated <sexual>
45-3 assault);
45-4 (I) Section 22.021 (aggravated sexual assault)
45-5 <22.03 (deadly assault on law enforcement or corrections officer or
45-6 court participant)>;
45-7 (J) Section 22.04 (injury to a child or an
45-8 elderly individual);
45-9 (K) Section 25.02 (prohibited sexual conduct
45-10 <incest>);
45-11 (L) <Section 25.06 (solicitation of a child);>
45-12 <(M)> Section 25.08 <25.11> (sale or purchase of
45-13 a child);
45-14 (M) <(N)> Section 28.02 (arson);
45-15 (N) <(O)> Section 29.02 (robbery);
45-16 (O) <(P)> Section 29.03 (aggravated robbery);
45-17 (P) <(Q)> Section 30.02 (burglary), if the
45-18 offense is punished as a first-degree felony under that section;
45-19 (Q) <(R)> Section 43.04 (aggravated promotion of
45-20 prostitution);
45-21 (R) <(S)> Section 43.05 (compelling
45-22 prostitution);
45-23 (S) <(T)> Section 43.24 (sale, distribution, or
45-24 display of harmful material to minor);
45-25 (T) <(U)> Section 43.25 (sexual performance by a
45-26 child);
45-27 (U) <(V)> Section 46.10 <46.11> (deadly weapon
46-1 in penal institution);
46-2 (V) <(W)> Section 15.01 (criminal attempt), if
46-3 the offense attempted is listed in this subsection;
46-4 (W) <(X)> Section 15.02 (criminal conspiracy),
46-5 if the offense that is the subject of the conspiracy is listed in
46-6 this subsection; or
46-7 (X) <(Y)> Section 15.03 (criminal solicitation),
46-8 if the offense solicited is listed in this subsection; or
46-9 (3) the inmate is awaiting transfer to the
46-10 institutional division, or serving a sentence, for an offense under
46-11 <listed in one of the following sections of> Chapter 481, Health
46-12 and Safety Code, punishable by a minimum term of imprisonment or a
46-13 maximum fine that is greater than the minimum term of imprisonment
46-14 or the maximum fine for a first degree felony <:>
46-15 <(A) Section 481.112(c), 481.113(c), or
46-16 481.114(c) (aggravated manufacture or delivery of a controlled
46-17 substance);>
46-18 <(B) Section 481.115(c), 481.116(c), 481.117(c),
46-19 or 481.118(c) (aggravated possession of a controlled substance);>
46-20 <(C) Section 481.120 (delivery of marihuana) if
46-21 the offense is punished under Subsection (b)(5) of that section;>
46-22 <(D) Section 481.120(c) (aggravated delivery of
46-23 marihuana); or>
46-24 <(E) Section 481.121(c) (aggravated possession
46-25 of marihuana)>.
46-26 (c) The department <institutional division> shall provide
46-27 each county with necessary assistance to enable the county to
47-1 identify inmates confined in the county jail who may be eligible
47-2 under this subchapter to be considered for release.
47-3 SECTION 1.061. Section 499.052(a), Government Code, is
47-4 amended to read as follows:
47-5 (a) The institutional division shall establish a program to
47-6 confine persons who are required to serve not more than 90 days in
47-7 the institutional division as a condition of a sentence imposed
47-8 under Section 8, Article 42.12, Code of Criminal Procedure. The
47-9 <director of the> institutional division may limit the number of
47-10 persons participating in the program.
47-11 SECTION 1.062. Section 499.071, Government Code, is amended
47-12 to read as follows:
47-13 Sec. 499.071. SCHEDULED ADMISSIONS POLICY <ALLOCATION
47-14 FORMULA>. <(a)> The board shall adopt and enforce a scheduled
47-15 admissions policy that permits the institutional division to accept
47-16 inmates within 45 days of processing as required by Section
47-17 499.121(c). <an allocation formula that fairly and equitably
47-18 allocates to each county the number of institutional division
47-19 admissions allocated to the county until sufficient capacity is
47-20 available in the institutional division. In devising the formula,
47-21 the board shall consider relevant factors for each county served by
47-22 a department and shall assign weights to those factors as
47-23 determined appropriate by the board. The factors shall include but
47-24 are not limited to:>
47-25 <(1) the percentage of prison admissions for the
47-26 entire state that were used by the county in the preceding 12
47-27 months;>
48-1 <(2) the percentage of the state's violent index crime
48-2 that occurred in the county in the preceding 12 months;>
48-3 <(3) the percentage of the state's total index crime
48-4 that occurred in the county in the preceding 12 months;>
48-5 <(4) the percentage of the state's total arrests under
48-6 Chapter 481, Health and Safety Code, that occurred in the county in
48-7 the preceding 12 months;>
48-8 <(5) the percentage of the state's population residing
48-9 in the county;>
48-10 <(6) the percentage of the state's total unemployment
48-11 in the county; and>
48-12 <(7) the percentage of all defendants serving
48-13 sentences for felonies who were paroled from the institutional
48-14 division, a jail in this state, a federal correctional institution,
48-15 or a jail or correctional institution in another state in the
48-16 preceding 12 months and who were released to reside in the county.>
48-17 <(b) The board shall adopt and enforce an allocation formula
48-18 that fairly and equitably allocates community corrections program
48-19 funding to each community supervision and corrections department,
48-20 in the manner provided by Section 10(a)(3), Article 42.13, Code of
48-21 Criminal Procedure. In devising the formula, the board shall use
48-22 the factors listed in Subsection (a), but may assign different
48-23 weights to those factors than those used in developing the
48-24 admissions allocation formula. The board also may use factors not
48-25 listed in Subsection (a) in devising the formula under this
48-26 subsection.>
48-27 <(c) If the board is unable to obtain for a factor listed in
49-1 Subsection (a) information for the preceding 12-month period, the
49-2 board shall consider the most recent information available for that
49-3 factor.>
49-4 <(d) The board shall revise each formula annually.>
49-5 SECTION 1.063. Section 499.154, Government Code, is amended
49-6 to read as follows:
49-7 Sec. 499.154. Custody Status; Good Conduct Time. An inmate
49-8 described by Section 499.152 confined in a transfer facility
49-9 authorized by this subchapter earns good conduct time in the same
49-10 manner and subject to the same rules as if the inmate were confined
49-11 in <a county jail awaiting transfer to> the institutional division.
49-12 SECTION 1.064. Section 499.155(a), Government Code, is
49-13 amended to read as follows:
49-14 (a) Except as provided by Subsection (b), the institutional
49-15 division may not confine an inmate described by Section 499.152 in
49-16 a transfer facility authorized by this subchapter for a period that
49-17 exceeds the period for which a state jail felon may be confined in
49-18 a state jail felony facility under Section 12.35, Penal Code <12
49-19 months>.
49-20 SECTION 1.065. Section 500.001, Government Code, is amended
49-21 to read as follows:
49-22 Sec. 500.001. Supervisory or Disciplinary Authority of
49-23 Inmates. (a) An inmate housed in a facility operated by the
49-24 department or under contract with the department <the custody of
49-25 the institutional division> may not act in a supervisory or
49-26 administrative capacity over another inmate.
49-27 (b) An inmate housed in a facility operated by the
50-1 department or under contract with the department <the custody of
50-2 the institutional division> may not administer disciplinary action
50-3 over another inmate.
50-4 SECTION 1.066. Section 500.002, Government Code, is amended
50-5 to read as follows:
50-6 Sec. 500.002. Destruction of Property. (a) An inmate
50-7 housed in a facility operated by the department or under contract
50-8 with the department <of the institutional division> is liable for
50-9 the inmate's intentional damage to property belonging to the state.
50-10 If more than one inmate is involved in damage to property, each
50-11 inmate involved in the damage is jointly and severally liable.
50-12 (b) The department <institutional division> shall establish
50-13 a hearing procedure, giving consideration to the due process rights
50-14 of inmates, for the adjudication of claims for property damage
50-15 under this section <article>. Damages may be awarded to the
50-16 department <institutional division> only after a hearing and may
50-17 not exceed the value of the property damaged.
50-18 (c) If at a hearing it is determined that an inmate is
50-19 liable for property damage, the department <institutional division>
50-20 may seize the contents of inmate trust funds established for the
50-21 inmate under Section 497.056 and Section 501.014.
50-22 (d) An inmate, after exhausting all administrative remedies,
50-23 may appeal a final decision <ruling following a hearing> under this
50-24 section by filing a petition for judicial review <an appeal> in a
50-25 district court having jurisdiction in the county in which the
50-26 alleged damages occurred. On judicial review <appeal>, the
50-27 district court shall follow the rules governing judicial review of
51-1 contested cases under Subchapter G, Chapter 2001 <Section 19,
51-2 Administrative Procedure and Texas Register Act (Article 6252-13a,
51-3 Vernon's Texas Civil Statutes)>. Appeals may be taken from the
51-4 district court as in other civil cases.
51-5 (e) If an inmate fails to file a petition seeking judicial
51-6 review of <appeal> an adverse decision within 60 days after
51-7 exhausting all administrative remedies <the date of a hearing under
51-8 Subsection (b)>, a district court may not review the final decision
51-9 <the inmate is barred from appealing the decision>.
51-10 SECTION 1.067. Section 500.003, Government Code, is amended
51-11 to read as follows:
51-12 Sec. 500.003. Gambling Prohibited. Gambling is not
51-13 permitted at any place in a facility operated by or under contract
51-14 with the department <the institutional division> where inmates are
51-15 housed or worked. An employee of the department who engages in
51-16 gambling or knowingly permits gambling at any place where inmates
51-17 are housed or worked is subject to immediate dismissal.
51-18 SECTION 1.068. Section 500.005, Government Code, is amended
51-19 to read as follows:
51-20 Sec. 500.005. Rewards on Escape. The director of the
51-21 institutional division, in compliance with <with the approval of
51-22 the> board policy, may offer a reward for the apprehension of an
51-23 escaped inmate. The director may determine the amount of the
51-24 reward and the manner in which the reward is to be paid.
51-25 SECTION 1.069. Section 500.006, Government Code, is amended
51-26 to read as follows:
51-27 Sec. 500.006. Transportation of Inmates. (a) The <director
52-1 of the> institutional division shall establish policies <adopt
52-2 rules> to provide for the safe transfer of inmates from the
52-3 counties in which inmates are sentenced to the institutional
52-4 division. A sheriff may transport inmates to the institutional
52-5 division if the sheriff is able to perform the service as
52-6 economically as if the service were performed by the division. The
52-7 institutional division is responsible for the cost of
52-8 transportation of inmates to the division.
52-9 (b) An inmate may not be transported directly from a county
52-10 jail to an institutional division farm. The institutional division
52-11 shall designate units as receiving stations and all inmates must be
52-12 initially transported to a receiving station. At the receiving
52-13 station:
52-14 (1) the institutional division shall determine what
52-15 type of labor the inmate may reasonably perform; and
52-16 (2) the <director of the> institutional division shall
52-17 require each inmate to make a statement containing:
52-18 (A) a brief history of the inmate's life that
52-19 states where the inmate has resided and other facts that describe
52-20 the inmate's past habits and character; and
52-21 (B) names and mailing addresses of the inmate's
52-22 immediate relatives.
52-23 (c) The <director of the> institutional division shall
52-24 attempt to verify or disprove the accuracy of the statement if
52-25 practicable.
52-26 (d) The <director of the> institutional division shall
52-27 retain the statement.
53-1 SECTION 1.070. Section 501.002, Government Code, is amended
53-2 to read as follows:
53-3 Sec. 501.002. Assault by Employee on Inmate. If an employee
53-4 of the institutional division commits an assault on an inmate
53-5 housed in a facility operated by the division, the director of the
53-6 institutional division shall file a complaint with the proper
53-7 official of the county in which the offense occurred. If an
53-8 employee is charged with an assault described by this section, an
53-9 inmate or person who was an inmate at the time of the alleged
53-10 offense may testify in a prosecution of the offense.
53-11 SECTION 1.071. Section 501.003, Government Code, is amended
53-12 to read as follows:
53-13 Sec. 501.003. Food. The <director of the> institutional
53-14 division shall ensure that inmates housed in facilities operated by
53-15 the division are fed good and wholesome food, prepared under
53-16 sanitary conditions, and provided in sufficient quantity and
53-17 reasonable variety. The director of the institutional division
53-18 shall hold employees charged with preparing food for inmates
53-19 strictly to account for a failure to carry out this section. The
53-20 <director of the> institutional division shall provide for the
53-21 training of inmates as cooks so that food for inmates may be
53-22 properly prepared.
53-23 SECTION 1.072. Section 501.004, Government Code, is amended
53-24 to read as follows:
53-25 Sec. 501.004. Clothing. The institutional division shall
53-26 provide to inmates housed in facilities operated by the division
53-27 suitable clothing that is of substantial material, uniform make,
54-1 and reasonable fit and footwear that is substantial and
54-2 comfortable. The institutional division may not allow an inmate to
54-3 wear clothing that is not furnished by the division, except as a
54-4 reward for meritorious conduct. The <director of the>
54-5 institutional division may allow inmates to wear underwear not
54-6 furnished by the institutional division.
54-7 SECTION 1.073. Section 501.005, Government Code, is amended
54-8 to read as follows:
54-9 Sec. 501.005. Literacy Programs. (a) The institutional
54-10 division shall establish a program to teach reading to functionally
54-11 illiterate inmates housed in facilities operated by the division.
54-12 The institutional division shall allow an inmate who is capable of
54-13 serving as a tutor to tutor functionally illiterate inmates and
54-14 shall actively encourage volunteer organizations to aid in the
54-15 tutoring of inmates. The institutional division, the inmate to be
54-16 tutored, and the person who tutors the inmate jointly shall
54-17 establish reading goals for the inmate to be tutored. A person who
54-18 acts as a tutor may only function as a teacher and advisor to an
54-19 inmate and may not exercise supervisory authority or control over
54-20 the inmate.
54-21 (b) The institutional division shall require illiterate
54-22 inmates housed in facilities operated by the division to receive
54-23 not less than five or more than eight hours a week of reading
54-24 instruction.
54-25 (c) The institutional division shall identify functionally
54-26 illiterate inmates housed in facilities operated by the division
54-27 and shall inform the parole <pardons and paroles> division if it
55-1 determines that an inmate who is to be released to the supervision
55-2 of the parole <pardons and paroles> division is in need of
55-3 continuing education after release from the institutional division.
55-4 SECTION 1.074. Section 501.006, Government Code, is amended
55-5 to read as follows:
55-6 Sec. 501.006. EMERGENCY RELEASE <TEMPORARY FURLOUGHS>.
55-7 (a) The institutional division may grant an emergency release <a
55-8 medical furlough> to an inmate so that the inmate may:
55-9 (1) obtain a medical diagnosis or medical treatment;
55-10 (2) obtain <. The institutional division may impose
55-11 security conditions determined by the board to be necessary and
55-12 proper on an inmate during the inmate's furlough.>
55-13 <(b) The institutional division may grant a mental health or
55-14 mental retardation furlough so that an inmate may be transferred to
55-15 a Texas Department of Mental Health and Mental Retardation facility
55-16 for> treatment and supervision at a Texas Department of Mental
55-17 Health and Mental Retardation Facility; or<.>
55-18 (3) <(c) The institutional division may grant a
55-19 temporary furlough of not more than seven days to an inmate
55-20 determined to be an acceptable security risk by the division. The
55-21 institutional division may grant a furlough under this subsection
55-22 so that the inmate may> attend a funeral or<,> visit a critically
55-23 ill relative<, or for any other reason determined appropriate by
55-24 the division>.
55-25 <(d) The institutional division may extend a temporary
55-26 furlough granted under Subsection (c) for not more than 10
55-27 additional days, if the division determines that circumstances
56-1 warrant the extension. The board may not grant more than two
56-2 furloughs to an inmate in one calendar year unless the Board of
56-3 Pardons and Paroles and the governor approve an additional furlough
56-4 for the inmate, in the same manner as the board and the governor
56-5 approve emergency reprieves.>
56-6 (b) <(e)> The institutional division shall adopt policies
56-7 <rules> for the administration of the emergency release <temporary
56-8 furlough> program <and the legislature intends that furloughs be
56-9 given. The rules must state that furloughs are granted as the
56-10 institutional division determines and are not given in
56-11 consideration of the county, region, or state to which an inmate is
56-12 to be furloughed.>
56-13 <(f) The institutional division shall notify the pardons and
56-14 paroles division if the institutional division grants a temporary
56-15 furlough under this section and shall notify the pardons and
56-16 paroles division of the inmate's return to the institutional
56-17 division.>
56-18 (c) <(g)> An inmate released <furloughed> under this section
56-19 <and an inmate granted an emergency reprieve by the Board of
56-20 Pardons and Paroles and the governor> is considered to be in the
56-21 custody of the institutional division, even if the inmate is not
56-22 under physical guard while released <on furlough>. <If an inmate
56-23 described by this subsection does not return to the institutional
56-24 division at the time specified for the inmate's return, the inmate
56-25 is an escapee for the purposes of Section 38.07, Penal Code.>
56-26 <(h) The state may not pay for the transportation of an
56-27 inmate on temporary furlough unless the inmate is under physical
57-1 guard during the furlough.>
57-2 <(i) The institutional division may not grant a furlough to
57-3 an inmate convicted of an offense under Section 42.07(a)(7), Penal
57-4 Code.>
57-5 SECTION 1.075. Section 501.007, Government Code, is amended
57-6 to read as follows:
57-7 Sec. 501.007. Inmate Claims for Lost or Damaged Property.
57-8 The institutional division may pay from the miscellaneous funds
57-9 appropriated to the division claims made by inmates housed in
57-10 facilities operated by the division for property lost or damaged by
57-11 the division. The institutional division shall maintain a record
57-12 of all transactions made under this section and shall send a copy
57-13 of that record to the state auditor at least annually. The record
57-14 must show the amount of each claim paid, the identity of each
57-15 claimant, and the purpose for which each claim was made. The
57-16 institutional division may not pay under this section more than
57-17 $500 on a claim.
57-18 SECTION 1.076. Section 501.008, Government Code, is amended
57-19 to read as follows:
57-20 Sec. 501.008. Inmate Grievance Procedure. The institutional
57-21 division shall develop and maintain a system for the resolution of
57-22 <inmate> grievances by inmates housed in facilities operated by the
57-23 division that qualifies for certification under 42 U.S.C. Section
57-24 1997e and shall obtain certification under that section.
57-25 SECTION 1.077. Section 501.009, Government Code, is amended
57-26 to read as follows:
57-27 Sec. 501.009. Volunteer Organizations. The institutional
58-1 division shall actively encourage volunteer organizations to
58-2 provide the following programs for inmates housed in facilities
58-3 operated by <confined in> the division:
58-4 (1) literacy and education programs;
58-5 (2) life skills programs;
58-6 (3) job skills programs;
58-7 (4) parent-training programs;
58-8 (5) drug and alcohol rehabilitation programs;
58-9 (6) support group programs;
58-10 (7) arts and crafts programs; and
58-11 (8) other programs determined by the division to aid
58-12 inmates in the transition between confinement and society and to
58-13 reduce incidence of recidivism among inmates.
58-14 SECTION 1.078. Section 501.010, Government Code, is amended
58-15 to read as follows:
58-16 Sec. 501.010. Visitors. (a) The institutional division
58-17 shall allow the governor, members of the legislature, and members
58-18 of the executive and judicial branches to enter at proper hours any
58-19 part of a facility operated by the division where inmates are
58-20 housed or worked, for the purpose of observing the operations of
58-21 the division. A visitor described by this subsection may talk with
58-22 inmates away from institutional division employees.
58-23 (b) The institutional division shall have a uniform
58-24 visitation policy that allows eligible inmates housed in facilities
58-25 operated by <in> the division, other than state jails, to receive
58-26 visitors. The institutional division shall require each warden in
58-27 the division to:
59-1 (1) apply the policy in the unit under the warden's
59-2 control;
59-3 (2) prominently display copies of the policy in
59-4 locations in the unit that are accessible to inmates or visitors;
59-5 and
59-6 (3) if requested, provide visitors with copies of the
59-7 policy.
59-8 (c) At the end of each biennium, each warden in the
59-9 institutional division shall report to the director of the division
59-10 on the manner in which the policy has affected visitation at the
59-11 warden's unit during the preceding two years.
59-12 (d) The institutional division and the state jail division
59-13 jointly shall establish a visitation policy for persons confined in
59-14 state jail felony facilities operated by the institutional
59-15 division. The policy must apply uniformly to each state jail
59-16 felony facility operated by the institutional division. Directors
59-17 of state jail felony facilities operated by the institutional
59-18 division shall perform the duties relating to visitation described
59-19 by Subsections (b) and (c) in the same manner as institutional
59-20 division wardens are required to perform those duties.
59-21 SECTION 1.079. Subsections (a) and (h), Section 501.011,
59-22 Government Code, are amended to read as follows:
59-23 (a) The Role of the Family in Reducing Recidivism Advisory
59-24 Committee to the institutional division of the Texas Department of
59-25 Criminal Justice and the Texas Youth Commission consists of a
59-26 representative of the institutional division, a representative of
59-27 the state jail division, a representative of the Texas Youth
60-1 Commission, a representative of the parole <pardons and paroles>
60-2 division, a representative of the attorney general's office, a
60-3 representative of the Community Services Division of the Texas
60-4 Youth Commission, two members appointed by the governor, two
60-5 members appointed by the lieutenant governor, and two members
60-6 appointed by the speaker of the Texas House of Representatives.
60-7 Each appointed member must be a citizen of the state and should
60-8 have a knowledge of corrections or juvenile justice issues. The
60-9 officer appointing the member shall give preference to appointees
60-10 who are or have been family members of inmates or juveniles
60-11 detained in Texas Youth Commission facilities.
60-12 (h) The advisory committee shall make studies of and make
60-13 recommendations to the institutional division and to the
60-14 legislature relating to:
60-15 (1) visitation policies in facilities operated by the
60-16 institutional division;
60-17 (2) the availability and effectiveness of
60-18 rehabilitation programs in facilities operated by the institutional
60-19 division;
60-20 (3) the efficiency of educational and vocational
60-21 programs in facilities operated by the institutional division;
60-22 (4) special problems faced by inmates with children;
60-23 (5) the special needs of indigent inmates;
60-24 (6) policies and laws relating to the distribution of
60-25 release money to inmates; and
60-26 (7) other issues of special interest to families with
60-27 a relative housed in a facility operated by the institutional
61-1 division.
61-2 SECTION 1.080. Section 501.012, Government Code, is amended
61-3 to read as follows:
61-4 Sec. 501.012. Family Liaison Officer. The director of the
61-5 institutional division shall designate one employee at each
61-6 facility operated by <unit in> the institutional division to serve
61-7 as family liaison officer for that facility <unit>. The family
61-8 liaison officer shall facilitate the maintenance of ties between
61-9 inmates and their families for the purpose of reducing recidivism.
61-10 Each family liaison officer shall:
61-11 (1) provide inmates' relatives with information about
61-12 the classification status, location, and health of inmates in the
61-13 facility <unit>;
61-14 (2) notify inmates about emergencies involving their
61-15 families and provide inmates with other necessary information
61-16 relating to their families; and
61-17 (3) assist inmates' relatives and other persons during
61-18 visits with inmates and aid those persons in resolving problems
61-19 that may affect permitted contact with inmates.
61-20 SECTION 1.081. Section 501.013, Government Code, is amended
61-21 to read as follows:
61-22 Sec. 501.013. Materials Used for Arts and Crafts. (a) The
61-23 institutional division may purchase materials to be used by inmates
61-24 housed in facilities operated by the division to produce arts and
61-25 crafts.
61-26 (b) The institutional division may allow an inmate housed in
61-27 a facility operated by the division who produces arts and crafts in
62-1 the division to sell those arts and crafts to the general public in
62-2 a manner determined by the division.
62-3 (c) If an inmate housed in a facility operated by the
62-4 division sells arts and crafts and the materials used in the
62-5 production of the arts and crafts were provided by the
62-6 <institutional> division, the proceeds of the sale go first to the
62-7 division to pay for the cost of the materials, and the remainder,
62-8 if any, goes to the inmate. The institutional division may not
62-9 purchase more than $30 of materials for any inmate unless the
62-10 inmate has repaid the division in full for previous purchases of
62-11 materials.
62-12 SECTION 1.082. Section 501.014, Government Code, is amended
62-13 to read as follows:
62-14 Sec. 501.014. Inmate Money. (a) The <director of the>
62-15 institutional division shall take possession of all money that an
62-16 inmate has on the inmate's person when the inmate arrives at a
62-17 facility operated by the institutional division and all money the
62-18 inmate receives at the department after arriving at a facility
62-19 operated by the division and shall credit the money to a trust fund
62-20 created for the inmate. The institutional division shall carefully
62-21 search an inmate when the inmate arrives at a facility operated by
62-22 the division. The <director of the> institutional division may
62-23 spend money from a trust fund on the written order of the inmate in
62-24 whose name the fund is established subject to restrictions on the
62-25 expenditure established by law or rule.
62-26 (b) If an inmate with money in a trust fund established
62-27 under Subsection (a) dies while confined in a facility operated by
63-1 the institutional division or escapes or is discharged and does not
63-2 claim the money, the <director of the> institutional division shall
63-3 attempt to give notice of the fund to the discharged inmate or to
63-4 the beneficiary or nearest known relative of a deceased, escaped,
63-5 or discharged inmate. On the presentation of a claim to the money
63-6 by a person entitled to the notice, the <director of the>
63-7 institutional division shall pay the money to the claimant.
63-8 (c) If money is unclaimed two years after the <director of
63-9 the> institutional division gives or attempts to give notice under
63-10 Subsection (b), or two years after the date of the death of an
63-11 inmate whose beneficiary or nearest relative is unknown, the
63-12 director of the institutional division shall make an affidavit
63-13 stating that the money is unclaimed and send the affidavit and
63-14 money to the state treasurer.
63-15 (d) Money forfeited to the state treasurer under Subsection
63-16 (c) escheats to the state.
63-17 (e) On notification by a court, the <director of the>
63-18 institutional division shall withdraw from an inmate's trust fund
63-19 any amount the inmate is ordered to pay by order of the court for
63-20 child support, restitution, fines, and court costs. The
63-21 institutional division <director> shall make a payment under this
63-22 subsection as ordered by the court to either the court or the party
63-23 specified in the court order. The <director, the> institutional
63-24 division<,> and the department are not liable for withdrawing or
63-25 failing to withdraw money or making payments or failing to make
63-26 payments under this subsection. The institutional division
63-27 <director> shall make withdrawals and payments from an inmate's
64-1 trust fund under this subsection according to the following
64-2 schedule of priorities:
64-3 (1) as payment in full for all orders for child
64-4 support;
64-5 (2) as payment in full for all orders for restitution;
64-6 (3) as payment in full for all orders for fines; and
64-7 (4) as payment in full for all orders for court costs.
64-8 SECTION 1.083. Sections 501.015(b) and (c), Government Code,
64-9 are amended to read as follows:
64-10 (b) When an inmate is released on parole, mandatory
64-11 supervision, or conditional pardon, the inmate is entitled to
64-12 receive $100 from the department and transportation at the expense
64-13 of the department to the location at which the inmate is required
64-14 to report to a parole officer by the department <pardons and
64-15 paroles division>. The inmate shall receive $50 on his release
64-16 from the institution and $50 on initially reporting to a parole
64-17 officer at the location at which the inmate is required to report
64-18 to a parole officer. If an inmate is released and is not required
64-19 by the department <pardons and paroles division> to report to a
64-20 parole officer or is authorized by the pardons and paroles division
64-21 to report to a location outside this state, the department shall
64-22 provide the inmate with $100 and, at the expense of the department,
64-23 transportation to:
64-24 (1) the location of the inmate's residence, if the
64-25 residence is in this state; or
64-26 (2) a transit point determined appropriate by the
64-27 department, if the inmate's residence is outside this state or the
65-1 inmate is required by the department <pardons and paroles division>
65-2 to report to a location outside this state.
65-3 (c) The <director of the> institutional division may spend
65-4 not more than $200 to defray the costs of transportation or other
65-5 expenses related to the burial of an inmate who dies while confined
65-6 in a facility operated by the institutional division.
65-7 SECTION 1.084. Section 501.016, Government Code, is amended
65-8 to read as follows:
65-9 Sec. 501.016. Discharge or Release Papers; Release Date.
65-10 (a) The department <director of the institutional division or the
65-11 director's executive assistant> shall prepare and provide an inmate
65-12 with the inmate's discharge or release papers when the inmate is
65-13 entitled to be discharged or to be released on parole, mandatory
65-14 supervision, or conditional pardon. The papers must be dated and
65-15 signed by the officer preparing the papers and bear the seal of the
65-16 department <board>. The papers must contain:
65-17 (1) the inmate's name;
65-18 (2) a statement of the offense or offenses for which
65-19 the inmate was sentenced;
65-20 (3) the date on which the defendant was sentenced and
65-21 the length of the sentence;
65-22 (4) the name of the county in which the inmate was
65-23 sentenced;
65-24 (5) the amount of calendar time the inmate actually
65-25 served;
65-26 (6) a statement of any trade learned by the inmate and
65-27 the inmate's proficiency at that trade; and
66-1 (7) the physical description of the inmate, as far as
66-2 practicable.
66-3 (b) If the release date of an inmate occurs on a Saturday,
66-4 Sunday, or legal holiday, the department <director of the
66-5 institutional division> may release the inmate on the preceding
66-6 workday.
66-7 SECTION 1.085. Section 501.017, Government Code, is amended
66-8 to read as follows:
66-9 Sec. 501.017. Cost of Confinement as Claim. (a) The
66-10 institutional division may establish a claim and lien against the
66-11 estate of an inmate who dies while confined in a facility operated
66-12 by the division for the cost to the division of the inmate's
66-13 confinement.
66-14 (b) The institutional division may not enforce a claim or
66-15 lien established under this section if the inmate has a surviving
66-16 spouse or a surviving dependent or disabled child.
66-17 (c) The institutional division shall adopt policies <rules>
66-18 regarding recovery of the cost of confinement through enforcement
66-19 of claims or liens established under this section. The Criminal
66-20 Justice Policy Council shall monitor the activity of the
66-21 institutional division in establishing and enforcing claims or
66-22 liens under this section. If the council determines that the
66-23 benefits obtained by the institutional division do not exceed the
66-24 costs to the division of establishing and enforcing claims or
66-25 liens, the council shall direct the division to discontinue
66-26 establishing claims and liens under this section.
66-27 SECTION 1.086. Section 501.051, Government Code, is amended
67-1 to read as follows:
67-2 Sec. 501.051. Medical Facilities at University of Texas
67-3 Medical Branch. (a) The medical facility constructed by the
67-4 institutional division at The University of Texas Medical Branch at
67-5 Galveston shall be used as a teaching facility and be limited to
67-6 patients who are teaching patients, as long as the medical facility
67-7 is used for the treatment of department <division> patients. The
67-8 Board of Regents of The University of Texas System shall maintain
67-9 and operate the facility and provide professional staff services
67-10 necessary for the care of patients in the facility, except that the
67-11 department <institutional division> shall provide security at the
67-12 facility. The facility shall provide the same level of care as is
67-13 provided for patients in other facilities of The University of
67-14 Texas Medical Branch at Galveston.
67-15 (b) If the medical facility ceases to be used for department
67-16 <institutional division> patients, the facility shall revert to the
67-17 medical branch for its use and be operated under the exclusive
67-18 management and control of the Board of Regents of The University of
67-19 Texas System.
67-20 (c) The medical facility shall be operated with funds
67-21 appropriated for that purpose.
67-22 (d) The department <institutional division> shall establish
67-23 and maintain an overnight holding facility for inmate outpatients
67-24 at The University of Texas Medical Branch at Galveston.
67-25 (e) The department <institutional division> and The
67-26 University of Texas Medical Branch at Galveston shall by rule adopt
67-27 a memorandum of understanding that establishes the responsibilities
68-1 of the department <division> and the medical branch in maintaining
68-2 the department's <division's> medical facility, providing security,
68-3 and providing medical care. The memorandum must also establish a
68-4 joint peer review committee and a joint utilization review
68-5 committee. Each committee shall be composed of medical personnel
68-6 employed by the department <institutional division> and by the
68-7 medical branch. The joint peer review committee shall review all
68-8 case files to determine whether the quality of medical care
68-9 provided is adequate, according to accepted medical standards. The
68-10 joint utilization review committee shall review all case files to
68-11 determine whether treatment given is medically necessary under the
68-12 circumstances of each case, taking into account accepted medical
68-13 standards. The department <institutional division> shall
68-14 coordinate the development of the memorandum of understanding.
68-15 SECTION 1.087. Section 501.052, Government Code, is amended
68-16 to read as follows:
68-17 Sec. 501.052. Medical Residencies. The department
68-18 <institutional division> may establish a residency program or a
68-19 rotation program to employ or train physicians to treat inmates in
68-20 the department <division>.
68-21 SECTION 1.088. Section 501.053, Government Code, is amended
68-22 to read as follows:
68-23 Sec. 501.053. Reports of Physician Misconduct. (a) If the
68-24 department <institutional division> receives an allegation that a
68-25 physician employed or under contract with the department <division>
68-26 has committed an action that constitutes a ground for the denial or
68-27 revocation of the physician's license under Section 3.08, Medical
69-1 Practice Act (Article 4495b, Vernon's Texas Civil Statutes), the
69-2 department <division> shall report the information to the Texas
69-3 State Board of Medical Examiners in the manner provided by Section
69-4 4.02 of that Act.
69-5 (b) The department <institutional division> shall provide
69-6 the Texas State Board of Medical Examiners with a copy of any
69-7 report or finding relating to an investigation of an allegation
69-8 reported to the board.
69-9 SECTION 1.089. Section 501.054, Government Code, is amended
69-10 to read as follows:
69-11 Sec. 501.054. AIDS and HIV Education; Testing. (a) In this
69-12 section, "AIDS," "HIV," and "test result" have the meanings
69-13 assigned by Section 81.101, Health and Safety Code.
69-14 (b) The department <institutional division>, in consultation
69-15 with the Texas Department of Health, shall establish education
69-16 programs to educate inmates and employees of the department
69-17 <division> about AIDS and HIV. In establishing the programs for
69-18 inmates, the department <institutional division> shall design a
69-19 program that deals with issues related to AIDS and HIV that are
69-20 relevant to inmates while confined and a program that deals with
69-21 issues related to AIDS and HIV that will be relevant to inmates
69-22 after the inmates are released <from the division>. The department
69-23 <institutional division> shall design the programs to take into
69-24 account relevant cultural and other differences among inmates. The
69-25 department <institutional division> shall require each inmate in a
69-26 facility operated by the institutional division to participate in
69-27 education programs established under this subsection.
70-1 (c) The <director of the> institutional division shall
70-2 require each employee of the division to participate in programs
70-3 established under this section at least once during each calendar
70-4 year.
70-5 (d) The <director of the> institutional division shall
70-6 ensure that education programs for employees include information
70-7 and training relating to infection control procedures. The
70-8 institutional division <director> shall also ensure that employees
70-9 have infection control supplies and equipment readily available.
70-10 (e) The department <institutional division>, in consultation
70-11 with the Texas Department of Health, shall periodically revise
70-12 education programs established under this section so that the
70-13 programs reflect the latest medical information available on AIDS
70-14 and HIV.
70-15 (f) The department <institutional division> shall adopt a
70-16 policy for handling persons with AIDS or HIV infection who are in
70-17 the <division's> custody of the institutional division or under the
70-18 department's supervision. The policy must be substantially similar
70-19 to a model policy developed by the Texas Department of Health under
70-20 Subchapter G, Chapter 85, Health and Safety Code <Article 4419b-3,
70-21 Revised Statutes>.
70-22 (g) The department <institutional division> shall maintain
70-23 the confidentiality of test results of an inmate indicating HIV
70-24 infection after the inmate's discharge or release on parole or
70-25 mandatory supervision and may not honor the request of an agency of
70-26 the state or any person who requests a test result as a condition
70-27 of housing or supervising the inmate while the inmate is on parole
71-1 or mandatory supervision, unless honoring the request would improve
71-2 the ability of the inmate to obtain essential health and social
71-3 services.
71-4 (h) The department <institutional division> shall report to
71-5 the legislature not later than January 15 of each odd-numbered year
71-6 concerning the implementation of this section and the participation
71-7 of inmates and employees of the department <division> in education
71-8 programs established under this section.
71-9 (i) The institutional division may test an inmate confined
71-10 in a facility operated by the division for human immunodeficiency
71-11 virus. If the institutional division determines that an inmate has
71-12 a positive test result, the division may segregate the inmate from
71-13 other inmates.
71-14 SECTION 1.090. Section 501.055, Government Code, is amended
71-15 to read as follows:
71-16 Sec. 501.055. REPORT OF INMATE DEATH<; CRIMINAL PENALTY>.
71-17 (a) If an inmate dies while confined in a facility operated by or
71-18 under contract with the department <the custody of the
71-19 institutional division>, <the director of the institutional
71-20 division, or> an employee of the facility who is <division> in
71-21 charge of the inmate shall immediately notify the nearest justice
71-22 of the peace serving in the county in which the inmate died and the
71-23 office of internal affairs for the department. The office of
71-24 internal affairs <justice> shall appoint an investigator to
71-25 <personally inspect the body and> make an inquiry as to the cause
71-26 of death. The investigator <justice> shall make a report that
71-27 includes a written copy <copies> of evidence taken during the
72-1 inquiry <inquest,> and give one copy of the report to the executive
72-2 director and one copy to a justice of the peace <district judge>
72-3 serving in the county in which the inmate died. If the justice of
72-4 the peace determines that a circumstance listed in Article
72-5 49.04(a), Code of Criminal Procedure, exists, the justice shall
72-6 give a copy of the report to a district judge serving in the county
72-7 in which the inmate died. The district judge who receives a copy
72-8 of the report shall provide the copy to the grand jury and, if the
72-9 judge determines the evidence indicates wrongdoing, instruct the
72-10 grand jury to thoroughly investigate the cause of death.
72-11 (b) Subsection (a) does not apply if the inmate:
72-12 (1) dies while attended by a physician and an autopsy
72-13 is scheduled to be performed; or
72-14 (2) is lawfully executed <An employee of the
72-15 institutional division commits an offense if the employee is in
72-16 charge of an inmate who dies and the employee fails to immediately
72-17 notify a justice of the peace of the death in the manner required
72-18 by Subsection (a).>
72-19 <(c) An offense under Subsection (b) is a misdemeanor
72-20 punishable by:>
72-21 <(1) a fine of not less than $100 or more than $500;
72-22 and>
72-23 <(2) confinement in jail for not less than 60 days or
72-24 more than one year>.
72-25 SECTION 1.091. Section 501.056, Government Code, is amended
72-26 to read as follows:
72-27 Sec. 501.056. Contract for Care of Mentally Ill and Mentally
73-1 Retarded Inmates. The department <institutional division> shall
73-2 contract with the Texas Department of Mental Health and Mental
73-3 Retardation for provision of Texas Department of Mental Health and
73-4 Mental Retardation facilities, treatment, and habilitation for
73-5 mentally ill and mentally retarded inmates in the custody of the
73-6 department <division>. The contract must provide:
73-7 (1) detailed characteristics of the mentally ill
73-8 inmate population and the mentally retarded inmate population to be
73-9 affected under the contract;
73-10 (2) for the respective responsibilities of the Texas
73-11 Department of Mental Health and Mental Retardation and the
73-12 department <institutional division> with regard to the care and
73-13 supervision of the affected inmates; and
73-14 (3) that the department <division> remains responsible
73-15 for security.
73-16 SECTION 1.092. Section 501.057, Government Code, is amended
73-17 to read as follows:
73-18 Sec. 501.057. Civil Commitment Before Parole. (a) The
73-19 department <institutional division and the pardons and paroles
73-20 division> shall establish a system to identify mentally ill inmates
73-21 who are nearing eligibility for release on parole.
73-22 (b) <The institutional division shall provide the pardons
73-23 and paroles division with the names of inmates determined by the
73-24 institutional division to be mentally ill.> Not later than the
73-25 30th day before the initial parole eligibility date of an inmate
73-26 identified as mentally ill, <the pardons and paroles division shall
73-27 notify the institutional division that the inmate is about to reach
74-1 the inmate's initial parole eligibility date. After receiving
74-2 notice under this subsection,> an institutional division
74-3 psychiatrist shall examine the inmate. The psychiatrist shall file
74-4 a sworn application for court-ordered temporary mental health
74-5 services under Chapter 574 <3>, <Texas Mental> Health and Safety
74-6 Code <(Article 5547-26 et seq., Vernon's Texas Civil Statutes)>, if
74-7 the psychiatrist determines that the inmate is mentally ill and as
74-8 a result of the illness the inmate meets at least one of the
74-9 criteria listed in Section 574.034 <50>, <Texas Mental> Health and
74-10 Safety Code <(Article 5547-50, Vernon's Texas Civil Statutes)>.
74-11 (c) The psychiatrist shall include with the application a
74-12 sworn certificate of medical examination for mental illness in the
74-13 form prescribed by Section 574.011 <33>, <Texas Mental> Health and
74-14 Safety Code <(Article 5547-33, Vernon's Texas Civil Statutes)>.
74-15 (d) The institutional division is liable for costs incurred
74-16 for a hearing under Chapter 574 <3>, <Texas Mental> Health and
74-17 Safety Code <(Article 5547-26 et seq., Vernon's Texas Civil
74-18 Statutes)>, that follows an application filed by a division
74-19 psychiatrist under this section.
74-20 SECTION 1.093. Sections 501.059(g) and (i), Government Code,
74-21 as added by Chapter 238, Acts of the 73rd Legislature, Regular
74-22 Session, 1993, are amended to read as follows:
74-23 (g) The committee shall develop a managed health care plan
74-24 for all inmates confined in facilities operated by <at> the
74-25 institutional division that includes:
74-26 (1) the establishment of a managed care network of
74-27 physicians and hospitals that will serve facilities operated by the
75-1 institutional division as the exclusive health care provider for
75-2 inmates at each facility <of the institutional division>;
75-3 (2) cost containment studies; and
75-4 (3) care case management and utilization management
75-5 studies performed exclusively for the department <institutional
75-6 division>.
75-7 (i) For those services for which the public medical schools
75-8 and their components and affiliates cannot provide, the committee
75-9 shall initiate a competitive bidding process for contracts with
75-10 other providers for medical care to inmates confined in facilities
75-11 operated by the institutional division.
75-12 SECTION 1.094. Sections 501.093(a) and (c), Government Code,
75-13 are amended to read as follows:
75-14 (a) The department <institutional division, the pardons and
75-15 paroles division>, the Texas Department of Mental Health and Mental
75-16 Retardation, and the Texas Commission on Alcohol and Drug Abuse
75-17 shall by rule adopt a memorandum of understanding that establishes
75-18 their respective responsibilities to establish a continuity of care
75-19 program for inmates with a history of drug or alcohol abuse.
75-20 (c) The memorandum of understanding must establish methods
75-21 for:
75-22 (1) identifying inmates with a history of drug or
75-23 alcohol abuse;
75-24 (2) notifying the parole <pardons and paroles>
75-25 division, the Texas Department of Mental Health and Mental
75-26 Retardation, and the commission as to when an inmate with a history
75-27 of drug or alcohol abuse is to be released and as to the inmate's
76-1 release destination;
76-2 (3) identifying the services needed by inmates with a
76-3 history of drug or alcohol abuse to reenter the community
76-4 successfully; and
76-5 (4) determining the manner in which each agency that
76-6 participates in the establishment of the memorandum can share
76-7 information about inmates and use that information to provide
76-8 continuity of care.
76-9 SECTION 1.095. Sections 501.095(a) and (c), Government Code,
76-10 are amended to read as follows:
76-11 (a) The department <institutional division, the pardons and
76-12 paroles division,> and the Texas Employment Commission shall by
76-13 rule adopt a memorandum of understanding that establishes their
76-14 respective responsibilities to establish a continuity of care
76-15 program for inmates with a history of chronic unemployment.
76-16 (c) The memorandum of understanding must establish methods
76-17 for:
76-18 (1) identifying inmates with a history of chronic
76-19 unemployment;
76-20 (2) notifying the parole <pardons and paroles>
76-21 division and the commission as to when an inmate with a history of
76-22 chronic unemployment is to be released and as to the inmate's
76-23 release destination;
76-24 (3) identifying the services needed by inmates with a
76-25 history of chronic unemployment to reenter the community
76-26 successfully; and
76-27 (4) determining the manner in which each agency that
77-1 participates in the establishment of the memorandum can share
77-2 information about inmates and use that information to provide
77-3 continuity of care.
77-4 SECTION 1.096. Section 501.096(d), Government Code, is
77-5 amended to read as follows:
77-6 (d) The department <institutional division and the pardons
77-7 and paroles division> shall determine <cooperate in determining>
77-8 the special needs of inmates who have served long terms of
77-9 confinement in the institutional division and shall identify and
77-10 develop community resources to meet those needs.
77-11 SECTION 1.097. Subchapter B, Chapter 507, Government Code,
77-12 is amended by adding Section 507.028 to read as follows:
77-13 Sec. 507.028. EMERGENCY RELEASE. (a) The state jail
77-14 division may grant an emergency release to a defendant for any
77-15 reason that the institutional division may grant an emergency
77-16 release to an inmate of the institutional division under Section
77-17 501.006.
77-18 (b) The state jail division shall adopt policies for the
77-19 administration of the emergency release program.
77-20 (c) A defendant released under this section is considered to
77-21 be in the custody of the state jail division, even if the defendant
77-22 is not under physical guard while released.
77-23 SECTION 1.098. Article 2.12, Code of Criminal Procedure, as
77-24 amended by Chapters 339, 695, and 912, Acts of the 73rd
77-25 Legislature, Regular Session, 1993, is amended to read as follows:
77-26 Art. 2.12. Who are peace officers. The following are peace
77-27 officers:
78-1 (1) sheriffs and their deputies;
78-2 (2) constables and deputy constables;
78-3 (3) marshals or police officers of an incorporated
78-4 city, town, or village;
78-5 (4) rangers and officers commissioned by the Public
78-6 Safety Commission and the Director of the Department of Public
78-7 Safety;
78-8 (5) investigators of the district attorneys', criminal
78-9 district attorneys', and county attorneys' offices;
78-10 (6) law enforcement agents of the Texas Alcoholic
78-11 Beverage Commission;
78-12 (7) each member of an arson investigating unit
78-13 commissioned by a city, a county, or the state;
78-14 (8) officers commissioned under Section 21.483,
78-15 Education Code, or Subchapter E, Chapter 51, Education Code;
78-16 (9) officers commissioned by the General Services
78-17 Commission;
78-18 (10) law enforcement officers commissioned by the
78-19 Parks and Wildlife Commission;
78-20 (11) airport police officers commissioned by a city
78-21 with a population of more than one million, according to the most
78-22 recent federal census, that operates an airport that serves
78-23 commercial air carriers;
78-24 (12) airport security personnel commissioned as peace
78-25 officers by the governing body of any political subdivision of this
78-26 state, other than a city described by Subdivision (11), that
78-27 operates an airport that serves commercial air carriers;
79-1 (13) municipal park and recreational patrolmen and
79-2 security officers;
79-3 (14) security officers commissioned as peace officers
79-4 by the State Treasurer;
79-5 (15) officers commissioned by a water control and
79-6 improvement district under Section 51.132, Water Code;
79-7 (16) officers commissioned by a board of trustees
79-8 under Chapter 341, Acts of the 57th Legislature, Regular Session,
79-9 1961 (Article 1187f, Vernon's Texas Civil Statutes);
79-10 (17) investigators commissioned by the Texas State
79-11 Board of Medical Examiners;
79-12 (18) officers commissioned by the board of managers of
79-13 the Dallas County Hospital District, the Tarrant County Hospital
79-14 District, or the Bexar County Hospital District under Section
79-15 281.057, Health and Safety Code;
79-16 (19) county park rangers commissioned under Subchapter
79-17 E, Chapter 351, Local Government Code;
79-18 (20) investigators employed by the Texas Racing
79-19 Commission;
79-20 (21) officers commissioned by the State Board of
79-21 Pharmacy;
79-22 (22) officers commissioned by the governing body of a
79-23 metropolitan rapid transit authority under Section 13, Chapter 141,
79-24 Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
79-25 Vernon's Texas Civil Statutes), or by a regional transportation
79-26 authority under Section 10, Chapter 683, Acts of the 66th
79-27 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
80-1 Civil Statutes);
80-2 (23) officers commissioned by the Texas High-Speed
80-3 Rail Authority;
80-4 (24) investigators commissioned by the attorney
80-5 general under Section 402.009, Government Code;
80-6 (25) security officers and investigators commissioned
80-7 as peace officers under Chapter 466, Government Code; <and>
80-8 (26) an officer employed by the Texas Department of
80-9 Health under Section 431.2471, Health and Safety Code; <.>
80-10 (27) <(26)> officers appointed by an appellate court
80-11 under Subchapter F, Chapter 53, Government Code; <.>
80-12 (28) <(26)> officers commissioned by the state fire
80-13 marshal under Chapter 417, Government Code; and
80-14 (29) officers employed by the Texas Department of
80-15 Criminal Justice and appointed by the executive director of the
80-16 department under Section 493.015, Government Code.
80-17 SECTION 1.099. (a) The chapter heading of Chapter 495,
80-18 Government Code, is amended to read as follows:
80-19 CHAPTER 495. <INSTITUTIONAL DIVISION:> CONTRACTS
80-20 FOR CORRECTIONAL FACILITIES AND SERVICES
80-21 (b) The chapter heading of Chapter 496, Government Code, is
80-22 amended to read as follows:
80-23 CHAPTER 496. <INSTITUTIONAL DIVISION:> LAND AND PROPERTY
80-24 (c) The subchapter heading of Subchapter A, Chapter 496,
80-25 Government Code, is amended to read as follows:
80-26 SUBCHAPTER A. <INSTITUTIONAL DIVISION> LAND
80-27 (d) The chapter heading of Chapter 497, Government Code, is
81-1 amended to read as follows:
81-2 CHAPTER 497. <INSTITUTIONAL DIVISION:> INDUSTRY
81-3 AND AGRICULTURE; LABOR OF INMATES
81-4 (e) The chapter heading of Chapter 499, Government Code, is
81-5 amended to read as follows:
81-6 CHAPTER 499. <INSTITUTIONAL DIVISION:> POPULATION
81-7 MANAGEMENT; SPECIAL PROGRAMS
81-8 (f) The chapter heading of Chapter 500, Government Code, is
81-9 amended to read as follows:
81-10 CHAPTER 500. <INSTITUTIONAL DIVISION:> MISCELLANEOUS
81-11 DISCIPLINARY MATTERS
81-12 (g) The chapter heading of Chapter 501, Government Code, is
81-13 amended to read as follows:
81-14 CHAPTER 501. <INSTITUTIONAL DIVISION:> INMATE WELFARE
81-15 SECTION 1.100. Section 22.01, Penal Code, is amended by
81-16 amending Subsection (b) and adding Subsection (d) to read as
81-17 follows:
81-18 (b) An offense under Subsection (a)(1) is a Class A
81-19 misdemeanor, except that the offense is a felony of the third
81-20 degree if the offense is committed:
81-21 (1) by a public servant acting under color of the
81-22 servant's office or employment; or
81-23 (2) against a person the actor knows is a public
81-24 servant while the public servant is lawfully discharging an
81-25 official duty, or in retaliation or on account of an exercise of
81-26 official power or performance of an official duty as a public
81-27 servant.
82-1 (d) For purposes of Subsection (b), the actor is presumed to
82-2 have known the person assaulted was a public servant if the person
82-3 was wearing a distinctive uniform or badge indicating the person's
82-4 employment as a public servant.
82-5 SECTION 1.101. Section 39.05, Penal Code, is amended to read
82-6 as follows:
82-7 Sec. 39.05. FAILURE TO REPORT DEATH OF PRISONER. (a) A
82-8 person commits an offense if the person is required to conduct an
82-9 investigation and file a report by Article 49.18, Code of Criminal
82-10 Procedure, and the person fails to investigate the death, fails to
82-11 file the report as required, or fails to include in a filed report
82-12 facts known or discovered in the investigation.
82-13 (b) A person commits an offense if the person is required by
82-14 Section 501.055, Government Code, to:
82-15 (1) give notice of the death of an inmate and the
82-16 person fails to give the notice; or
82-17 (2) conduct an investigation and file a report and the
82-18 person:
82-19 (A) fails to conduct the investigation or file
82-20 the report; or
82-21 (B) fails to include in the report facts known
82-22 to the person or discovered by the person in the investigation.
82-23 (c) An offense under this section is a Class B misdemeanor.
82-24 SECTION 1.102. Article 49.04(a), Code of Criminal Procedure,
82-25 is amended to read as follows:
82-26 (a) A justice of the peace shall conduct an inquest into the
82-27 death of a person who dies in the county served by the justice if:
83-1 (1) the person dies in <prison or in> jail;
83-2 (2) the person dies an unnatural death from a cause
83-3 other than a legal execution;
83-4 (3) the body of the person is found and the cause or
83-5 circumstances of death are unknown;
83-6 (4) the circumstances of the death indicate that the
83-7 death may have been caused by unlawful means;
83-8 (5) the person commits suicide or the circumstances of
83-9 the death indicate that the death may have been caused by suicide;
83-10 (6) the person dies without having been attended by a
83-11 physician;
83-12 (7) the person dies while attended by a physician who
83-13 is unable to certify the cause of death and who requests the
83-14 justice of the peace to conduct an inquest; or
83-15 (8) the person is a child who is younger than 18
83-16 months of age and the suspected cause of death is sudden infant
83-17 death syndrome.
83-18 SECTION 1.103. Article 49.18, Code of Criminal Procedure, is
83-19 amended by adding Subsection (c) to read as follows:
83-20 (c) This article does not apply to an inmate death that
83-21 occurs in a facility operated by or under contract with the Texas
83-22 Department of Criminal Justice.
83-23 SECTION 1.104. Sections 494.005, 494.009, 494.010, 494.011
83-24 (as added by Chapter 988, Acts of the 73rd Legislature, Regular
83-25 Session, 1993), 499.051, 499.054, 499.072, and 507.006(c),
83-26 Government Code, are repealed.
83-27 SECTION 1.105. (a) The amendment by this article to Section
84-1 501.055, Government Code, does not apply to an offense committed
84-2 under Subsection (c) of that section before the effective date of
84-3 this article. An offense under Subsection (c) of that section
84-4 committed before the effective date of this article is covered by
84-5 Section 501.055 as it existed on the date on which the offense was
84-6 committed, and the former law is continued in effect for that
84-7 purpose.
84-8 (b) The amendments made by this article to Sections 22.01
84-9 and 39.05, Penal Code, apply only to offenses under those sections
84-10 committed on or after the effective date of this article. An
84-11 offense committed under either of those sections before the
84-12 effective date of this article is covered by the law in effect when
84-13 the offense was committed, and the former law is continued in
84-14 effect for that purpose.
84-15 (c) For purposes of this section, an offense is committed
84-16 before the effective date of this article if any element of the
84-17 offense occurs before that date.
84-18 SECTION 1.106. (a) Except as provided by Subsections (b)
84-19 and (c), this article takes effect September 1, 1995.
84-20 (b) Section 1.019 takes effect immediately.
84-21 (c) Section 1.062 takes effect June 1, 1995.
84-22 ARTICLE 2
84-23 SECTION 2.001. Section 2, Article 42.18, Code of Criminal
84-24 Procedure, is amended by amending Subdivisions (1), (2), (5), and
84-25 (8) and by adding Subdivision (9) to read as follows:
84-26 (1) "Parole" means the discretionary and conditional
84-27 release of an eligible prisoner sentenced to <from the physical
85-1 custody of> the institutional division so that the prisoner may <of
85-2 the Texas Department of Criminal Justice if the prisoner
85-3 contractually agrees to> serve the remainder of his sentence under
85-4 the supervision and control of the parole <pardons and paroles>
85-5 division. Parole shall not be construed to mean a commutation of
85-6 sentence or any other form of executive clemency.
85-7 (2) "Mandatory supervision" means the release of an
85-8 eligible prisoner sentenced to <from the physical custody of> the
85-9 institutional division so that the prisoner may <but not on parole,
85-10 to> serve the remainder of his sentence not on parole but under the
85-11 supervision and control of the parole <pardons and paroles>
85-12 division. Mandatory supervision may not be construed as a
85-13 commutation of sentence or any other form of executive clemency.
85-14 (5) "Director" means the director of the parole
85-15 <pardons and paroles> division.
85-16 (8) "Division <Pardons and paroles division>" means
85-17 the parole <pardons and paroles> division of the Texas Department
85-18 of Criminal Justice.
85-19 (9) "Department" means the Texas Department of
85-20 Criminal Justice.
85-21 SECTION 2.002. Sections 4(a), (b), (c), (g), and (h),
85-22 Article 42.18, Code of Criminal Procedure, are amended to read as
85-23 follows:
85-24 (a) Board members must be representative of the general
85-25 public. A member must be a resident citizen of this state and must
85-26 have resided in this state for the two years preceding appointment.
85-27 A person is not eligible for appointment as a public member if the
86-1 person or the person's spouse:
86-2 (1) is employed by or participates in the management
86-3 of a business entity or other organization receiving funds from the
86-4 Texas Department of Criminal Justice or the board;
86-5 (2) owns or controls directly or indirectly more than
86-6 a 10 percent interest in a business entity or other organization
86-7 regulated by the department <Texas Department of Criminal Justice>
86-8 or receiving funds from the department or the board; or
86-9 (3) uses or receives a substantial amount of tangible
86-10 goods, services, or funds from the Texas Department of Criminal
86-11 Justice or the board, other than compensation or reimbursement
86-12 authorized by law for board membership, attendance, or expenses.
86-13 (b) An employee or paid officer or consultant of a trade
86-14 association in the field of criminal justice may not be a member of
86-15 the board or an employee of the <pardons and paroles> division or
86-16 the board. A person who is the spouse of any manager or paid
86-17 consultant of a trade association in the field of criminal justice
86-18 may not be a member of the board and may not be an employee of the
86-19 <pardons and paroles> division or the board, including an employee
86-20 exempt from the state's classification plan, who is compensated at
86-21 or above the amount prescribed by the General Appropriations Act
86-22 for step 1, salary group 17, of the position classification salary
86-23 schedule. For the purposes of this section, a trade association is
86-24 a nonprofit, cooperative, and voluntarily joined association of
86-25 business or professional competitors designed to assist its members
86-26 and its industry or profession in dealing with mutual business or
86-27 professional problems and in promoting their common interests.
87-1 (c) A person who is required to register as a lobbyist under
87-2 Chapter 305, Government Code, by virtue of the person's activities
87-3 for compensation in or on behalf of a profession related to the
87-4 operation of the board, may not serve as a member of the board or
87-5 act as the general counsel to the <pardons and paroles> division.
87-6 (g) If the director has knowledge that a potential ground
87-7 for removal exists, the director shall notify the chairman of the
87-8 board <Texas Board of Criminal Justice> of the ground. The
87-9 chairman of the board <Texas Board of Criminal Justice> shall then
87-10 notify the governor that a potential ground for removal exists.
87-11 (h) The financial transactions of the <pardons and paroles>
87-12 division and the board are subject to audit by the state auditor in
87-13 accordance with Chapter 321, Government Code.
87-14 SECTION 2.003. Section 6(b), Article 42.18, Code of Criminal
87-15 Procedure, is amended to read as follows:
87-16 (b) The executive director of the department <Texas
87-17 Department of Criminal Justice> shall hire the director. The
87-18 director is responsible for the day-to-day administration of the
87-19 <pardons and paroles> division.
87-20 SECTION 2.004. Section 7(a), Article 42.18, Code of Criminal
87-21 Procedure, is amended to read as follows:
87-22 (a) The members of the board shall:
87-23 (1) determine under Section <Sections> 8<(a)-(f)> of
87-24 this article which prisoners are to be released on parole;
87-25 (2) impose <determine> under Sections 8A and 8B <8(g)
87-26 and (j)> of this article conditions of parole and mandatory
87-27 supervision;
88-1 (3) perform the constitutional duties imposed on the
88-2 board by Article IV, Section 11, of the Texas Constitution;
88-3 (4) determine which prisoners may be released from
88-4 supervision and reporting under Section 15 of this article; and
88-5 (5) determine under Section 14 of this article the
88-6 revocation of parole and mandatory supervision.
88-7 SECTION 2.005. Section 8, Code of Criminal Procedure, is
88-8 amended to read as follows:
88-9 Sec. 8. ELIGIBILITY AND PROCEDURES FOR RELEASE<; CONDITIONS
88-10 ON RELEASE>. (a) A parole panel is authorized to release on
88-11 parole any person confined in any penal or correctional institution
88-12 who is eligible for parole under this section. A parole panel may
88-13 consider a person for release on parole if the person has been
88-14 sentenced to a term of imprisonment in the institutional division,
88-15 is confined in a jail in this state, a federal correctional
88-16 institution, or a jail or a correctional institution in another
88-17 state, and is eligible for parole. A parole panel may release a
88-18 person on parole during the parole month established for the person
88-19 if the panel determines that the person's release will not increase
88-20 the likelihood of harm to the public. The institutional division
88-21 shall provide the board with sentence time credit information on
88-22 persons described in this subsection. Good time credit shall be
88-23 calculated for a person as if the person were confined in the
88-24 institutional division during the entire time the person was
88-25 actually confined. The period of parole shall be equivalent to the
88-26 maximum term for which the prisoner was sentenced less calendar
88-27 time actually served on the sentence. Every prisoner while on
89-1 parole shall remain in the legal custody of the <pardons and
89-2 paroles> division and shall be amenable to conditions of
89-3 supervision ordered by a parole panel or the department under this
89-4 article. All paroles shall issue upon order of a parole panel.
89-5 (b)(1) A prisoner under sentence of death is not eligible
89-6 for parole.
89-7 (2) If a prisoner is serving a life sentence for a
89-8 capital felony, the prisoner is not eligible for release on parole
89-9 until the actual calendar time the prisoner has served, without
89-10 consideration of good conduct time, equals 40 calendar years.
89-11 (3) If a prisoner, other than a prisoner described by
89-12 Subdivision (4) of this subsection, is serving a sentence for the
89-13 offenses listed in Subdivision (1)(A), (C), (D), (E), or (F) of
89-14 Section 3g(a), Article 42.12 of this code, or if the judgment
89-15 contains an affirmative finding under Subdivision (2) of Subsection
89-16 (a) of Section 3g of that article, he is not eligible for release
89-17 on parole until his actual calendar time served, without
89-18 consideration of good conduct time, equals one-half of the maximum
89-19 sentence or 30 calendar years, whichever is less, but in no event
89-20 shall he be eligible for release on parole in less than two
89-21 calendar years.
89-22 (4) If a prisoner is serving a sentence for which the
89-23 punishment is increased under Section 481.134, Health and Safety
89-24 Code, the prisoner is not eligible for release on parole until the
89-25 prisoner's actual calendar time served, without consideration of
89-26 good conduct time, equals five years or the maximum term to which
89-27 the prisoner was sentenced, whichever is less.
90-1 (5) Except as provided by Subsection (k) <(m)> of this
90-2 section, all other prisoners shall be eligible for release on
90-3 parole when their calendar time served plus good conduct time
90-4 equals one-fourth of the maximum sentence imposed or 15 years,
90-5 whichever is less.
90-6 (c) Except as otherwise provided by this subsection, a
90-7 prisoner who is not on parole shall be released to mandatory
90-8 supervision by order of a parole panel when the calendar time he
90-9 has served plus any accrued good conduct time equal the maximum
90-10 term to which he was sentenced. A prisoner released to mandatory
90-11 supervision shall, upon release, be deemed as if released on
90-12 parole. To the extent practicable, arrangements for the prisoner's
90-13 proper employment, maintenance, and care shall be made prior to his
90-14 release to mandatory supervision. The period of mandatory
90-15 supervision shall be for a period equivalent to the maximum term
90-16 for which the prisoner was sentenced less calendar time actually
90-17 served on the sentence. The time served on mandatory supervision
90-18 is calculated as calendar time. Every prisoner while on mandatory
90-19 supervision shall remain in the legal custody of the state and
90-20 shall be amenable to conditions of supervision ordered by the
90-21 parole panel or department. A prisoner may not be released to
90-22 mandatory supervision if the prisoner is serving a sentence for an
90-23 offense and the judgment for the offense contains an affirmative
90-24 finding under Subdivision (2), Subsection (a), Section 3g, Article
90-25 42.12, of this code or if the prisoner is serving a sentence for:
90-26 (1) a first degree felony under Section 19.02, Penal
90-27 Code (Murder);
91-1 (2) a capital felony under Section 19.03, Penal Code
91-2 (Capital Murder);
91-3 (3) a first degree felony or a second degree felony
91-4 under Section 20.04, Penal Code (Aggravated Kidnapping);
91-5 (4) a second degree felony under Section 22.011, Penal
91-6 Code (Sexual Assault);
91-7 (5) a second degree or first degree felony under
91-8 Section 22.02, Penal Code (Aggravated Assault);
91-9 (6) a first degree felony under Section 22.021, Penal
91-10 Code (Aggravated Sexual Assault);
91-11 (7) a first degree felony under Section 22.04, Penal
91-12 Code (Injury to a Child or an Elderly Individual);
91-13 (8) a first degree felony under Section 28.02, Penal
91-14 Code (Arson);
91-15 (9) a second degree felony under Section 29.02, Penal
91-16 Code (Robbery);
91-17 (10) a first degree felony under Section 29.03, Penal
91-18 Code (Aggravated Robbery);
91-19 (11) a first degree felony under Section 30.02, Penal
91-20 Code (Burglary)<, if the offense is punished under Subsection
91-21 (d)(2) or (d)(3) of that section>; or
91-22 (12) <(13)> a felony for which the punishment is
91-23 increased under Section 481.134, Health and Safety Code (Drug-Free
91-24 Zones).
91-25 (d)(1) If a prisoner is sentenced to consecutive felony
91-26 sentences under Article 42.08 of this code, a parole panel shall
91-27 designate during each sentence the date, if any, on which the
92-1 prisoner would have been eligible for release on parole if the
92-2 prisoner had been sentenced to serve a single sentence.
92-3 (2) For the purposes of Article 42.08 of this code,
92-4 the judgment and sentence of a prisoner sentenced for a felony,
92-5 other than the last sentence in a series of consecutive sentences,
92-6 cease to operate:
92-7 (A) when the actual calendar time served by the
92-8 prisoner equals the sentence imposed by the court; or
92-9 (B) on the date a parole panel designates as the
92-10 date on which the prisoner would have been eligible for release on
92-11 parole if the prisoner had been sentenced to serve a single
92-12 sentence.
92-13 (3) A parole panel may not treat consecutive sentences
92-14 as a single sentence for purposes of parole and may not release on
92-15 parole a prisoner sentenced to serve consecutive felony sentences
92-16 earlier than the date on which the prisoner becomes eligible for
92-17 release on parole from the last sentence imposed on the prisoner.
92-18 (4) Calendar time served and good conduct time accrued
92-19 by a prisoner that are used by a parole panel in determining when a
92-20 judgment and sentence cease to operate may not be used by the
92-21 panel:
92-22 (A) for the same purpose in determining that
92-23 date in a subsequent sentence in the same series of consecutive
92-24 sentences; or
92-25 (B) for determining the date on which a prisoner
92-26 becomes eligible for release on parole from the last sentence in a
92-27 series of consecutive sentences.
93-1 (e) Not later than the 120th day after the date on which a
93-2 prisoner is admitted to the institutional division, the department
93-3 <Texas Department of Criminal Justice> shall secure all pertinent
93-4 information relating to the prisoner, including but not limited to
93-5 the court judgment, any sentencing report, the circumstances of the
93-6 prisoner's offense, the prisoner's previous social history and
93-7 criminal record, the prisoner's physical and mental health record,
93-8 a record of the prisoner's conduct, employment history, and
93-9 attitude in prison, and any written comments or information
93-10 provided by local trial officials or victims of the offense. The
93-11 department <Texas Department of Criminal Justice> shall establish a
93-12 proposed program of measurable institutional progress that must be
93-13 submitted to the board at the time of the board's consideration of
93-14 the inmate's case for release. The board shall conduct an initial
93-15 review of an eligible inmate not later than the 180th day after the
93-16 date of the inmate's admission to the institutional division.
93-17 Before the inmate is approved for release to parole by the board,
93-18 the inmate must agree to participate in the programs and activities
93-19 described by the proposed program of measurable institutional
93-20 progress. The institutional division shall work closely with the
93-21 board to monitor the progress of the inmate in the institutional
93-22 division and shall report the progress to the board before the
93-23 inmate's release.
93-24 (f)(1) In this subsection:
93-25 (A) "close relative of a deceased victim" means
93-26 a person who was the spouse of a deceased victim at the time of the
93-27 victim's death, a parent of the deceased victim, or an adult
94-1 brother, sister, or child of the deceased victim;
94-2 (B) "guardian of a victim" means a person who is
94-3 the legal guardian of a victim, whether or not the legal
94-4 relationship between the guardian and victim exists because of the
94-5 age of the victim or the physical or mental incompetency of the
94-6 victim; and
94-7 (C) "victim" means a person who is a victim of
94-8 sexual assault, kidnapping, aggravated robbery, or felony
94-9 harassment or who has suffered bodily injury or death as the result
94-10 of the criminal conduct of another.
94-11 (2) Before a parole panel considers for parole a
94-12 prisoner who is serving a sentence for an offense in which a person
94-13 was a victim, the department <pardons and paroles division>, using
94-14 the name and address provided on the victim impact statement, shall
94-15 make a reasonable effort to notify a victim of the prisoner's crime
94-16 or if the victim has a legal guardian or is deceased, to notify the
94-17 legal guardian or close relative of the deceased victim. If the
94-18 notice is sent to a guardian or close relative of a deceased
94-19 victim, the notice must contain a request by the department
94-20 <pardons and paroles division> that the guardian or relative inform
94-21 other persons having an interest in the matter that the prisoner is
94-22 being considered for parole. If a hearing is held, the parole
94-23 panel shall allow a victim, guardian of a victim, close relative of
94-24 a deceased victim, or a representative of a victim or his guardian
94-25 or close relative to provide a written statement. This subsection
94-26 may not be construed to limit the number of persons who may provide
94-27 statements for or against the release of the prisoner on parole.
95-1 The parole panel shall consider the statements and the information
95-2 provided in a victim impact statement in determining whether or not
95-3 to recommend parole. However, the failure of the department
95-4 <pardons and paroles division> to comply with notice requirements
95-5 of this subsection is not a ground for revocation of parole.
95-6 (3) If a victim, guardian of a victim, or close
95-7 relative of a deceased victim would be entitled to notification of
95-8 parole consideration by the department <pardons and paroles
95-9 division> but for failure by that person to provide a victim impact
95-10 statement containing the person's name and address, the person is
95-11 nonetheless entitled to receive notice if the person files with the
95-12 department <pardons and paroles division> a written request for
95-13 that notification. After receiving such a written request, the
95-14 department <pardons and paroles division> shall grant to the person
95-15 all the privileges to which the person would be entitled had the
95-16 person submitted a victim impact statement. Before a prisoner is
95-17 released from the institutional division on parole or on the
95-18 release of a prisoner on mandatory supervision, the department
95-19 <pardons and paroles division> shall give notice of the release to
95-20 any person entitled to notification of parole consideration for the
95-21 prisoner because the person filed with the department <pardons and
95-22 paroles division> a victim impact statement or a request for
95-23 notification of a parole consideration.
95-24 (4) Except as necessary to comply with this section,
95-25 the board or the department <Texas Department of Criminal Justice>
95-26 may not disclose to any person the name or address of a victim or
95-27 other person entitled to notice under this section unless the
96-1 victim or that person approves the disclosure or the board or the
96-2 department is ordered to disclose the information by a court of
96-3 competent jurisdiction after the court determines that there is
96-4 good cause for disclosure.
96-5 (g) <(5)> Before ordering the parole of any prisoner, a
96-6 parole panel may have the prisoner appear before it and interview
96-7 him. A parole shall be ordered only for the best interest of
96-8 society, not as an award of clemency; it shall not be considered to
96-9 be a reduction of sentence or pardon. The board shall develop and
96-10 implement parole guidelines that shall be the basic criteria on
96-11 which parole decisions are made. The parole guidelines shall be
96-12 developed according to an acceptable research method and shall be
96-13 based on the seriousness of the offense and the likelihood of
96-14 favorable parole outcome. The board shall review the parole
96-15 guidelines periodically and make reports on those reviews to the
96-16 Legislative Criminal Justice Board. If a member of the board
96-17 deviates from the parole guidelines in casting a vote on a parole
96-18 decision, the member shall produce a brief written statement
96-19 describing the circumstances regarding the departure from the
96-20 guidelines and place a copy of the statement in the file of the
96-21 inmate for whom the parole decision was made. The board shall keep
96-22 a copy of each statement in a central location. A prisoner shall
96-23 be placed on parole only when arrangements have been made for his
96-24 employment or for his maintenance and care and when the parole
96-25 panel believes that he is able and willing to fulfill the
96-26 obligations of a law-abiding citizen. Every prisoner while on
96-27 parole shall remain in the legal custody of the <pardons and
97-1 paroles> division and shall be amenable to the conditions of
97-2 supervision ordered under this article.
97-3 <(g) The Texas Board of Criminal Justice may adopt such
97-4 other reasonable rules not inconsistent with law as it may deem
97-5 proper or necessary with respect to the eligibility of prisoners
97-6 for parole and mandatory supervision, the conduct of parole and
97-7 mandatory supervision hearings, or conditions to be imposed upon
97-8 parolees and persons released to mandatory supervision. Each
97-9 person to be released on parole shall be furnished a contract
97-10 setting forth in clear and intelligible language the conditions and
97-11 rules of parole. The parole panel may include as a condition of
97-12 parole or mandatory supervision any condition that a court may
97-13 impose on a probationer under Article 42.12 of this code, including
97-14 the condition that the person released submit to testing for
97-15 controlled substances or submit to electronic monitoring if the
97-16 parole panel determines that absent testing for controlled
97-17 substances or participation in an electronic monitoring program the
97-18 person would not be released on parole. Acceptance, signing, and
97-19 execution of the contract by the inmate to be paroled shall be a
97-20 precondition to release on parole. Persons released on mandatory
97-21 supervision shall be furnished a written statement setting forth in
97-22 clear and intelligible language the conditions and rules of
97-23 mandatory supervision. The parole panel may also require as a
97-24 condition of parole or release to mandatory supervision that the
97-25 person make payments in satisfaction of damages the person is
97-26 liable for under Article 6184p, Revised Statutes. The parole panel
97-27 shall require as a condition of parole or mandatory supervision
98-1 that the person register under Article 6252-13c.1, Revised
98-2 Statutes. The parole panel may require as a condition of parole or
98-3 release to mandatory supervision that the person attend counseling
98-4 sessions for substance abusers or participate in substance abuse
98-5 treatment services in a program or facility approved or licensed by
98-6 the Texas Commission on Alcohol and Drug Abuse if the person was
98-7 sentenced for an offense involving controlled substances or the
98-8 panel determines that the defendant's substance abuse was connected
98-9 to the commission of the offense.>
98-10 (h) <(g)> The board may adopt such other reasonable rules
98-11 not inconsistent with law as it may deem proper or necessary with
98-12 respect to the eligibility of prisoners for parole and mandatory
98-13 supervision, the conduct of parole and mandatory supervision
98-14 hearings, or conditions to be imposed upon parolees and persons
98-15 released to mandatory supervision. Each person to be released on
98-16 parole shall be furnished a written statement <contract> setting
98-17 forth in clear and intelligible language the conditions and rules
98-18 of parole. <The parole panel may include as a condition of parole
98-19 or mandatory supervision any condition that a court may impose on a
98-20 defendant placed on community supervision under Article 42.12 of
98-21 this code, including the condition that the person released submit
98-22 to testing for controlled substances or submit to electronic
98-23 monitoring if the parole panel determines that absent testing for
98-24 controlled substances or participation in an electronic monitoring
98-25 program the person would not be released on parole.> Acceptance
98-26 and<,> signing of the written statement<, and execution of the
98-27 contract> by the inmate to be paroled is <shall be> a precondition
99-1 to release on parole. Persons released on mandatory supervision
99-2 shall be furnished a written statement setting forth in clear and
99-3 intelligible language the conditions and rules of mandatory
99-4 supervision. <The parole panel may also require as a condition of
99-5 parole or release to mandatory supervision that the person make
99-6 payments in satisfaction of damages the person is liable for under
99-7 Section 500.002, Government Code. The parole panel shall require as
99-8 a condition of parole or mandatory supervision that the person
99-9 register under Article 6252-13c.1, Revised Statutes. The parole
99-10 panel shall require as a condition of parole or mandatory
99-11 supervision that an inmate who immediately before release is a
99-12 participant in the program established under Section 501.0931,
99-13 Government Code, participate in a drug or alcohol abuse continuum
99-14 of care treatment program.>
99-15 <(g-1) The Texas Commission on Alcohol and Drug Abuse shall
99-16 develop the continuum of care treatment program.>
99-17 (i) <(h)> It shall be the duty of the department <pardons
99-18 and paroles division> at least 10 days before a parole panel <the
99-19 board> orders the parole of any prisoner or at least 10 days after
99-20 recommending the granting of executive clemency by the governor to
99-21 notify the sheriff, the prosecuting attorney, and the district
99-22 judge in the county where such person was convicted and the county
99-23 to which the prisoner is released that such parole or clemency is
99-24 being considered by the board or by the governor. For any case in
99-25 which there was a change of venue, the department <pardons and
99-26 paroles division> shall notify those same officials in the county
99-27 in which the prosecution was originated if, no later than 30 days
100-1 after the date on which the defendant was sentenced, those
100-2 officials request in writing that the department <pardons and
100-3 paroles division> give them notice under this section of any future
100-4 release of the prisoner. Additionally, no later than the 10th day
100-5 after the parole panel orders the transfer of a prisoner to a
100-6 halfway house under this article, the department <pardons and
100-7 paroles division> shall notify the sheriff of the county in which
100-8 the prisoner was convicted and shall notify the sheriff of the
100-9 county in which the halfway house is located and the attorney who
100-10 represents the state in the prosecution of felonies in that county.
100-11 The notice must state the prisoner's name, the county in which the
100-12 prisoner was convicted, and the offense for which the prisoner was
100-13 convicted.
100-14 (j) <(i)> As an element of the department's preparole
100-15 transfer <pardons and paroles division's halfway house> program,
100-16 the department <pardons and paroles division, in conjunction with
100-17 the institutional division,> shall utilize community residential
100-18 facilities <halfway houses> for the purpose of diverting from
100-19 housing in regular units of the institutional division or county
100-20 jails suitable low-risk prisoners and other prisoners who would
100-21 benefit from a smoother transition from incarceration to supervised
100-22 release. To accomplish this purpose, a parole panel, after
100-23 reviewing all available pertinent information, may designate a
100-24 presumptive parole date for any inmate who (i) is not serving a
100-25 sentence for an offense listed in Subdivision (1) of Subsection (a)
100-26 of Section 3g of Article 42.12 of this code and whose judgment does
100-27 not contain an affirmative finding under Subdivision (2) of
101-1 Subsection (a) of Section 3g of that article; and (ii) has never
101-2 been convicted of an offense listed in Subdivision (1) of
101-3 Subsection (a) of Section 3g of that article and has never had a
101-4 conviction, the judgment for which contains an affirmative finding
101-5 under Subdivision (2) of Subsection (a) of Section 3g of that
101-6 article. The presumptive parole date may not be a date which is
101-7 earlier than the prisoner's initial parole eligibility date, as
101-8 calculated or projected pursuant to Subsection (b) of this section.
101-9 Before transferring a prisoner to a community residential facility
101-10 <halfway house>, the <pardons and paroles> division shall send to
101-11 the director of the facility <halfway house> all information
101-12 relating to the prisoner that the <pardons and paroles> division
101-13 feels will aid the facility <halfway house> in helping the prisoner
101-14 make a transition from prison or county jail to supervised release.
101-15 If a prisoner for whom a presumptive parole date has been
101-16 established is transferred into a preparole residence in a
101-17 community residential facility <halfway house> pursuant to the
101-18 terms of Subchapter A, Chapter 499 <498>, Government Code, the
101-19 <pardons and paroles> division is responsible for his supervision.
101-20 A parole panel may rescind or postpone a previously established
101-21 presumptive parole date on the basis of reports from agents of the
101-22 <pardons and paroles> division responsible for supervision or
101-23 agents of the institutional division acting in the case. If a
101-24 preparolee transferred to preparole status has satisfactorily
101-25 served his sentence in the community residential facility <halfway
101-26 house> to which he is assigned from the date of transfer to the
101-27 presumptive parole date, without rescission or postponement of the
102-1 date, the division <parole panel> shall order his release to parole
102-2 and deliver <issue> an appropriate certificate of release. The
102-3 person is subject to the provisions of this article governing
102-4 release on parole.
102-5 <(j) In addition to other conditions of parole and release
102-6 on mandatory supervision imposed under this section, a parole panel
102-7 shall require a prisoner released on parole or mandatory
102-8 supervision to pay a parole supervision fee of $10 to the pardons
102-9 and paroles division for each month during which the prisoner is
102-10 under parole supervision. The fee applies to a prisoner released
102-11 in another state who is required as a term of his release to report
102-12 to a parole officer or supervisor in this state for parole
102-13 supervision. On the request of the prisoner, a parole panel may
102-14 allow the prisoner to defer payments under this subsection. The
102-15 prisoner remains responsible for payment of the fee and must make
102-16 the deferred payment not later than two years after the date on
102-17 which the payment becomes due. The board of the Texas Department
102-18 of Criminal Justice shall establish rules relating to the method of
102-19 payment required of the person on parole or mandatory supervision.
102-20 Fees collected under this subsection by the pardons and paroles
102-21 division shall be remitted to the comptroller of public accounts,
102-22 who shall deposit the fees in the general revenue fund of the state
102-23 treasury. In a parole or mandatory supervision revocation hearing
102-24 under Section 14 of this article at which it is alleged only that
102-25 the person failed to make a payment under this subsection, the
102-26 inability of the person to pay as ordered by a parole panel is an
102-27 affirmative defense to revocation, which the person must prove by a
103-1 preponderance of the evidence.>
103-2 <(k) In addition to other conditions imposed by a parole
103-3 panel under this article, the parole panel shall require as a
103-4 condition of parole or release to mandatory supervision that the
103-5 prisoner demonstrate to the parole panel whether the prisoner has
103-6 an educational skill level that is equal to or greater than the
103-7 average skill level of students who have completed the sixth grade
103-8 in public schools in this state. If the parole panel determines
103-9 that the person has not attained that skill level, the parole panel
103-10 shall require as a condition of parole or release to mandatory
103-11 supervision that the prisoner attain that level of educational
103-12 skill, unless the parole panel determines that the person lacks the
103-13 intellectual capacity or the learning ability to ever achieve that
103-14 level of skill.>
103-15 <(l) In addition to other conditions imposed by a parole
103-16 panel under this article, the parole panel shall require as a
103-17 condition of parole or release to mandatory supervision, on
103-18 evidence of the presence of a controlled substance in the
103-19 defendant's body, or on any evidence the defendant has used a
103-20 controlled substance, or on evidence that controlled substance use
103-21 is related to the offense for which the defendant was convicted,
103-22 that the defendant submit to testing for controlled substances.>
103-23 <The Texas Board of Criminal Justice by rule shall adopt
103-24 procedures for the administration of tests required by this
103-25 subsection.>
103-26 (k) <(m)> A prisoner serving a sentence for which parole
103-27 eligibility is otherwise determined under Subsection (b)(5) <(4)>
104-1 of this section may become eligible for special needs parole at a
104-2 date earlier than the date calculated under Subsection (b)(5) <(4)>
104-3 of this section, as designated by a parole panel under this
104-4 subsection, if:
104-5 (1) the prisoner has been identified by the department
104-6 <institutional division> as being elderly, physically handicapped,
104-7 mentally ill, terminally ill, or mentally retarded;
104-8 (2) the prisoner is determined by the parole panel,
104-9 because of the prisoner's condition and on the basis of a medical
104-10 evaluation, to no longer constitute a threat to public safety and
104-11 no longer constitute a threat to commit further offenses; and
104-12 (3) the department <pardons and paroles division> has
104-13 prepared for the prisoner a special needs parole plan that ensures
104-14 appropriate supervision, service provision, and placement.
104-15 (l) <(n)> A prisoner diagnosed as mentally ill or mentally
104-16 retarded may be released under Subsection (k) <(m)> of this section
104-17 only if the department <pardons and paroles division> has prepared
104-18 for the prisoner a special needs parole plan that ensures
104-19 appropriate supervision, service provision, and placement as
104-20 approved by the Texas Council on Offenders with Mental Impairments.
104-21 <(o)(1) In addition to other conditions imposed by a parole
104-22 panel under this article, the parole panel may require as a
104-23 condition of parole or release to mandatory supervision that an
104-24 inmate serving a sentence for an offense under Section 42.07(a)(7),
104-25 Penal Code, may not:>
104-26 <(A) communicate directly or indirectly with the
104-27 victim; or>
105-1 <(B) go to or near the residence, place of
105-2 employment, or business of the victim or to or near a school,
105-3 day-care facility, or similar facility where a dependent child of
105-4 the victim is in attendance.>
105-5 <(2) If a parole panel requires the prohibition
105-6 contained in Subdivision (1)(B) of this subsection as a condition
105-7 of parole or release to mandatory supervision, the parole panel
105-8 shall specifically describe the prohibited locations and the
105-9 minimum distances, if any, that the inmate must maintain from the
105-10 locations.>
105-11 <(o) In addition to other conditions of parole and release
105-12 on mandatory supervision imposed under this section, a parole panel
105-13 shall require a prisoner released on parole or mandatory
105-14 supervision to pay an administrative fee of $8 to the pardons and
105-15 paroles division for each month during which the prisoner is under
105-16 parole supervision. The fee applies to a prisoner released in
105-17 another state who is required as a term of his release to report to
105-18 a parole officer or supervisor in this state for parole
105-19 supervision. On the request of the prisoner, a parole panel may
105-20 allow the prisoner to defer payments under this subsection. The
105-21 prisoner remains responsible for payment of the fee and must make
105-22 the deferred payment not later than two years after the date on
105-23 which the payment becomes due. The board of the Texas Department
105-24 of Criminal Justice shall establish rules relating to the method of
105-25 payment required of the person on parole or mandatory supervision.
105-26 Fees collected under this subsection by the pardons and paroles
105-27 division shall be remitted to the comptroller of public accounts,
106-1 who shall deposit the fees in the compensation to victims of crime
106-2 fund of the state treasury. In a parole or mandatory supervision
106-3 revocation hearing under Section 14 of this article at which it is
106-4 alleged only that the person failed to make a payment under this
106-5 subsection, the inability of the person to pay as ordered by a
106-6 parole panel is an affirmative defense to revocation, which the
106-7 person must prove by a preponderance of the evidence.>
106-8 <(o) In addition to other conditions imposed by a parole
106-9 panel under this article, the parole panel shall require as a
106-10 condition of parole or release to mandatory supervision that a
106-11 prisoner for whom the court has made an affirmative finding under
106-12 Article 42.014 of this code perform not less than 300 hours of
106-13 community service at a project designated by the parole panel that
106-14 primarily serves the person or group who was the target of the
106-15 defendant.>
106-16 (m) <(o)> The department <pardons and paroles division>
106-17 shall develop and implement a comprehensive program to inform
106-18 inmates, their families, and other interested parties about the
106-19 parole process. The division shall update the program annually.
106-20 <(p) In addition to other conditions and fees imposed by a
106-21 parole panel under this article, the parole panel shall require as
106-22 a condition of parole or release to mandatory supervision that a
106-23 prisoner convicted of an offense under Section 21.08, 21.11,
106-24 22.011, 22.021, 25.02, 25.06, 43.25, or 43.26, Penal Code, pay to
106-25 the pardons and paroles division a parole supervision fee of $5
106-26 each month during the period of parole supervision.>
106-27 <(q) The pardons and paroles division shall remit fees
107-1 collected under Subsection (p) of this section to the comptroller.
107-2 The comptroller shall deposit the fees in the general revenue fund
107-3 to the credit of the sexual assault program fund established by
107-4 Section 44.0061, Health and Safety Code.>
107-5 SECTION 2.006. (a) Article 42.18, Code of Criminal
107-6 Procedure, is amended by adding Sections 8B, 8C, and 8D to read as
107-7 follows:
107-8 Sec. 8B. CONDITIONS OF RELEASE; AUTHORITY OF DIVISION. (a)
107-9 A parole panel may include as a condition of parole or mandatory
107-10 supervision:
107-11 (1) any condition that a court may impose on a
107-12 defendant placed on community supervision under Article 42.12; and
107-13 (2) any reasonable condition that is designed to
107-14 protect or restore the victim or punish, rehabilitate, or reform
107-15 the person, including conditions requiring the person to:
107-16 (A) attend counseling sessions for substance
107-17 abuse or participate in substance abuse treatment services in a
107-18 program or facility approved or licensed by the Texas Commission on
107-19 Alcohol and Drug Abuse, if the person was sentenced for an offense
107-20 involving substance abuse or the panel determines the defendant's
107-21 substance abuse was connected to the commission of the offense;
107-22 (B) make payment in satisfaction of damages the
107-23 person is liable for under Section 500.002, Government Code;
107-24 (C) submit to electronic monitoring, if the
107-25 panel determines that absent participation in an electronic
107-26 monitoring program the person would not be released on parole, or
107-27 in any case in which the person is released on mandatory
108-1 supervision;
108-2 (D) participate in a community service program
108-3 to be selected by the department, for a time specified by the panel
108-4 and subject to the same limitations imposed on a judge by Section
108-5 16(b), Article 42.12; or
108-6 (E) not communicate directly or indirectly with
108-7 the victim, go to or within a proscribed minimum distance from the
108-8 residence, place of employment, or business of the victim, or go to
108-9 or within a proscribed minimum distance from a school, day-care
108-10 facility, or similar facility where a dependent child of the victim
108-11 is in attendance, if the person was serving a sentence for an
108-12 offense under Section 42.07(a)(7), Penal Code.
108-13 (b) A parole panel shall require as a condition of parole or
108-14 mandatory supervision that the person:
108-15 (1) register as a sex offender if required to do so by
108-16 Article 6252-13c.1, Revised Statutes;
108-17 (2) participate in a drug or alcohol abuse continuum
108-18 of care treatment program developed by the Texas Commission on
108-19 Alcohol and Drug Abuse, if immediately before release the person is
108-20 a participant in the program established under Section 501.0931,
108-21 Government Code;
108-22 (3) pay a parole supervision fee to the department for
108-23 each month during which the prisoner is under supervision, in an
108-24 amount determined under Section 8C;
108-25 (4) attain an educational skill level that is equal to
108-26 or greater than the average skill level of students who have
108-27 completed the sixth grade in the public schools of this state,
109-1 unless the person demonstrates that the person has attained that
109-2 skill level or the panel determines that the person lacks the
109-3 intellectual capacity to ever achieve that skill level;
109-4 (5) submit to testing for controlled substances, if
109-5 there is any evidence of the presence of a controlled substance in
109-6 the person's body, or any evidence that controlled substance use
109-7 was related to the offense for which the person was convicted; and
109-8 (6) perform community service, for a time specified by
109-9 the panel but not less than 300 hours, at a project designated by
109-10 the department that primarily serves the person or group who was
109-11 the target of the person, if the court has made an affirmative
109-12 finding under Article 42.014.
109-13 (c) While a prisoner is in the custody of the division, the
109-14 division may enforce any condition of supervision mandated by law,
109-15 regardless of whether the condition has been formally imposed by a
109-16 parole panel, and may impose any new condition not prohibited by
109-17 law.
109-18 Sec. 8C. FEES. (a) The parole supervision fee is $_____,
109-19 except that a parole panel shall require that a person convicted of
109-20 an offense under Section 21.11, 22.011, 22.021, 25.02, 43.25, or
109-21 43.26, Penal Code, pay an additional sex offender parole
109-22 supervision fee of $5 per month.
109-23 (b) Fees imposed under this section apply to a prisoner
109-24 released in another state who is required as a term of the
109-25 prisoner's release to report to a parole officer in this state, in
109-26 the same manner as if the prisoner were released from the
109-27 institutional division.
110-1 (c) The Texas Board of Criminal Justice shall adopt rules
110-2 relating to the method of payment required of persons on parole or
110-3 mandatory supervision. On request of a prisoner, a parole panel
110-4 may allow the prisoner to defer payments of fees imposed under this
110-5 section. The prisoner remains responsible for payment of fees
110-6 imposed under this section, and must make deferred payment not
110-7 later than the second anniversary of the date on which the payment
110-8 becomes due.
110-9 (d) Fees collected under this section by the department
110-10 shall be remitted to the comptroller of public accounts, who shall
110-11 deposit the fees in the general revenue fund, except that the
110-12 additional $5 sex offender fee shall be deposited to the credit of
110-13 the sexual assault program fund established by Section 44.0061,
110-14 Health and Safety Code.
110-15 (e) In a parole or mandatory supervision hearing at which it
110-16 is alleged only that the person failed to make a payment under this
110-17 section, the inability of the person to pay as ordered by a parole
110-18 panel is an affirmative defense to prosecution, which the person
110-19 may prove by a preponderance of the evidence.
110-20 Sec. 8D. PAROLEE RESTITUTION FUND. (a) The parolee
110-21 restitution fund is a fund outside the treasury and consists of
110-22 restitution payments made by persons released on parole or
110-23 mandatory supervision. Money in the fund may be used only to pay
110-24 restitution as required by a condition of parole or release to
110-25 mandatory supervision to victims of criminal offenses.
110-26 (b) The state treasurer shall be the trustee of the parolee
110-27 restitution fund as provided by Section 404.073, Government Code.
111-1 (c) When the board orders the payment of restitution in the
111-2 manner prescribed by Article 42.037(h) from a person released on
111-3 parole or mandatory supervision, the department shall:
111-4 (1) collect the payment for disbursement to the
111-5 victim;
111-6 (2) deposit the payment in the parolee restitution
111-7 fund; and
111-8 (3) transmit the payment to the victim as soon as
111-9 practicable.
111-10 (d) If a victim who is entitled to restitution cannot be
111-11 located, immediately after receiving a final payment in
111-12 satisfaction of an order of restitution for the victim, the
111-13 department shall attempt to notify the victim of that fact by
111-14 certified mail, mailed to the last known address of the victim. If
111-15 a victim then makes a claim for payment, the department promptly
111-16 shall remit the payment to the victim. Money that remains
111-17 unclaimed shall be transferred to the general revenue fund of the
111-18 state treasury on the fifth anniversary of the date on which the
111-19 money was deposited to the credit of the compensation to victims of
111-20 crime auxiliary fund.
111-21 (b) The parole division of the Texas Department of Criminal
111-22 Justice not later than the 30th day after the effective date of
111-23 this article shall deposit any restitution money received before
111-24 the effective date of this article but not paid to a victim in the
111-25 parolee restitution fund in the manner provided by Section 8D,
111-26 Article 42.18, Code of Criminal Procedure, as added by this
111-27 article.
112-1 (c) Section 56.54, Code of Criminal Procedure, is amended by
112-2 adding Subsection (h) to read as follows:
112-3 (h) Sections 403.094 and 403.095, Government Code, do not
112-4 apply to the compensation to victims of crime fund or the
112-5 compensation to victims of crime auxiliary fund.
112-6 (d) The compensation to victims of crime fund and the
112-7 compensation to victims of crime auxiliary fund are re-created as
112-8 special funds to be used for the purposes designated in Subchapter
112-9 B, Chapter 56, Code of Criminal Procedure.
112-10 (e) Section 44.0061, Health and Safety Code, is amended by
112-11 amending Subsection (b) and by adding Subsection (d) to read as
112-12 follows:
112-13 (b) The fund consists of sex offender supervision fees
112-14 collected under Section 19 <22>(e), Article 42.12, and Subsection
112-15 (a), Section 8B <8(p)>, Article 42.18, Code of Criminal Procedure.
112-16 (d) Sections 403.094 and 403.095, Government Code, do not
112-17 apply to the sexual assault program fund.
112-18 (f) The sexual assault program fund is re-created as a
112-19 special fund to be used for the purposes designated in Section
112-20 44.0061, Health and Safety Code.
112-21 SECTION 2.007. Section 9, Article 42.18, Code of Criminal
112-22 Procedure, is amended to read as follows:
112-23 Sec. 9. Duty to Provide Information, Computers, and Offices.
112-24 (a) It shall be the duty of any judge, district attorney, county
112-25 attorney, police officer, or other public official of the state
112-26 having information with reference to any prisoner eligible for
112-27 parole to send in writing such information as may be in his
113-1 possession or under his control to the department <pardons and
113-2 paroles division>, upon request of any member of the Board of
113-3 Pardons and Paroles or employee of the board or the department
113-4 <pardons and paroles division>.
113-5 (b) The department <Texas Department of Criminal Justice>
113-6 may, by interagency contract, provide to the board necessary
113-7 computer equipment and computer access to all computerized records
113-8 and physical access to all hard copy records in the custody of the
113-9 department that are related to the duties and functions of the
113-10 board.
113-11 (c) The department <Texas Department of Criminal Justice>
113-12 may, by interagency contract, provide to the board necessary and
113-13 appropriate office space in the locations designated by the
113-14 chairman of the board and utilities and communication equipment.
113-15 SECTION 2.008. Section 10, Article 42.18, Code of Criminal
113-16 Procedure, is amended to read as follows:
113-17 Sec. 10. Access to Prisoners. It shall be the duty of the
113-18 department <institutional division> to grant to the members and
113-19 employees of the board <and employees of the board and the pardons
113-20 and paroles division> access at all reasonable times to any
113-21 prisoner, to provide for the members and employees or such
113-22 representatives facilities for communicating with and observing
113-23 such prisoner, and to furnish to the members and employees such
113-24 reports as the members and employees shall require concerning the
113-25 conduct and character of any prisoner in their custody and any
113-26 other facts deemed by a parole panel pertinent in determining
113-27 whether such prisoner shall be paroled.
114-1 SECTION 2.009. Section 11, Articles 42.18(a), (c), (d), (e),
114-2 (f), (g), (i), and (m), Code of Criminal Procedure, are amended to
114-3 read as follows:
114-4 (a) The board shall adopt rules as to:
114-5 (1) the submission and presentation of information and
114-6 arguments to the board, parole panels, and the department <pardons
114-7 and paroles division> for and in behalf of an inmate; and
114-8 (2) the time, place, and manner of contact between a
114-9 person representing an inmate and a member of the board, an
114-10 employee of the board, or an employee of the department <pardons
114-11 and paroles division>.
114-12 (c) A person required to register under this section shall
114-13 file a fee affidavit with the department <pardons and paroles
114-14 division> in a form prescribed by the department <division> for
114-15 each inmate the person represents for compensation before the
114-16 person first contacts a member of the board, an employee of the
114-17 board, or an employee of the department <pardons and paroles
114-18 division> on behalf of the inmate.
114-19 (d) The fee affidavit must be written and verified and
114-20 contain:
114-21 (1) the registrant's full name and address;
114-22 (2) the registrant's normal business, business phone
114-23 number, and business address;
114-24 (3) the full name of any former member or employee of
114-25 the Board of Pardons and Paroles or the Texas Board of Criminal
114-26 Justice or any former employee of the department <Texas Department
114-27 of Criminal Justice> with whom the person:
115-1 (A) is associated;
115-2 (B) has a relationship as an employer or
115-3 employee; or
115-4 (C) maintains a contractual relationship to
115-5 provide services;
115-6 (4) the full name and institutional identification
115-7 number of the inmate the registrant represents;
115-8 (5) the amount of compensation the person has received
115-9 or expects to receive in exchange for the representation; and
115-10 (6) the name of the person making the compensation.
115-11 (e) The department <division> shall, not later than the
115-12 third day after the date the fee affidavit is filed, place a copy
115-13 of the affidavit in the file of an inmate that a parole panel or
115-14 the board reviews. The department <division> shall also keep a
115-15 copy of each fee affidavit in a central location.
115-16 (f) If a person who has registered under this section
115-17 receives compensation in excess of the amount reported on the fee
115-18 affidavit, the person must file with the department <pardons and
115-19 paroles division>, not later than the fifth day after the date the
115-20 person receives the additional compensation, a supplemental fee
115-21 affidavit in a form prescribed by the department <division>
115-22 indicating the total amount of compensation received for
115-23 representing that inmate. The department <division> shall follow
115-24 the procedures in Subsection (e) <of this section> to process the
115-25 supplemental affidavit.
115-26 (g) A person required to register under this section shall,
115-27 for each calendar year the person represents an inmate, file a
116-1 representation summary form with the Texas Ethics Commission on a
116-2 form prescribed by the commission. The form must be filed not
116-3 later than the last day of January in the first year following the
116-4 reporting period and include:
116-5 (1) the registrant's full name and address;
116-6 (2) the registrant's normal business, business phone
116-7 number, and business address;
116-8 (3) the full name of any former member or employee of
116-9 the Board of Pardons and Paroles or the Texas Board of Criminal
116-10 Justice or any former employee of the department <Texas Department
116-11 of Criminal Justice> with whom the person:
116-12 (A) is associated;
116-13 (B) has a relationship as an employer or
116-14 employee; or
116-15 (C) maintains a contractual relationship to
116-16 provide services;
116-17 (4) the full name and institutional identification
116-18 number of each inmate the registrant represented in the previous
116-19 calendar year; and
116-20 (5) the amount of compensation the person has received
116-21 for representing each inmate in the previous calendar year.
116-22 (i) The Texas Ethics Commission shall submit to the
116-23 department <pardons and paroles division> a copy of each
116-24 representation summary form that is filed.
116-25 (m) In this section:
116-26 (1) "Compensation" has the meaning assigned by Section
116-27 305.002, Government Code.
117-1 (2) "Inmate" includes an administrative releasee, a
117-2 person imprisoned in the institutional division, and a person
117-3 confined in a county jail awaiting transfer to the institutional
117-4 division or awaiting a revocation hearing.
117-5 (3) "Represent" means to directly or indirectly
117-6 contact in person or by telephone, facsimile transmission, or
117-7 correspondence a member or employee of the board or an employee of
117-8 the department <pardons and paroles division> on behalf of an
117-9 inmate.
117-10 SECTION 2.010. Section 13(a), Article 42.18, Code of
117-11 Criminal Procedure, is amended to read as follows:
117-12 (a) A warrant for the return of a paroled prisoner, a
117-13 prisoner released to mandatory supervision, a prisoner released
117-14 although not eligible for release, a resident released to a
117-15 preparole or work program, a prisoner released on emergency
117-16 reprieve or on furlough, or a person released on a conditional
117-17 pardon to the institution from which the person was paroled,
117-18 released, or pardoned may be issued by the director or a designated
117-19 agent of the director in cases of parole or mandatory supervision,
117-20 or by the board on order by the governor in other cases, if there
117-21 is reason to believe that the person has been released although not
117-22 eligible for release, if the person has been arrested for an
117-23 offense, if there is a verified complaint stating that the person
117-24 violated a rule or condition of release, or if there is reliable
117-25 evidence that the person has exhibited behavior during the person's
117-26 release that indicates to a reasonable person that the person poses
117-27 a danger to society that warrants the person's immediate return to
118-1 custody. The person may be held in custody pending a determination
118-2 of all facts surrounding the alleged offense, violation of a rule
118-3 or condition of release, or dangerous behavior. A designated agent
118-4 of the director acts independently from a parole officer and must
118-5 receive specialized training as determined by the director. Such
118-6 warrant shall authorize all officers named therein to take actual
118-7 custody of the prisoner and detain and house the prisoner until a
118-8 parole panel orders the return of the prisoner to the institution
118-9 from which he was released. Pending hearing, as hereinafter
118-10 provided, upon any charge of parole violation, ineligible release,
118-11 or violation of the conditions of mandatory supervision, a prisoner
118-12 returned to custody shall remain incarcerated. If the director, a
118-13 board member, or a designated agent of the director or the board is
118-14 otherwise authorized to issue a warrant under this subsection, the
118-15 <pardons and paroles> division may instead issue to a prisoner a
118-16 summons requiring the prisoner to appear for a hearing under
118-17 Section 14 of this article. The summons must state the time,
118-18 place, date, and purpose of the hearing.
118-19 SECTION 2.011. Section 14, Article 42.18, Code of Criminal
118-20 Procedure, is amended by amending Subsection (a) and by adding
118-21 Subsection (c) to read as follows:
118-22 (a) Whenever a prisoner or a person granted a conditional
118-23 pardon is accused of a violation of his parole, mandatory
118-24 supervision, or conditional pardon, on information and complaint by
118-25 a law enforcement officer or parole officer, or is arrested after
118-26 an ineligible release, he shall be entitled to be heard on such
118-27 charges before a parole panel or a designee of the board under such
119-1 rules as the board may adopt; provided, however, said hearing shall
119-2 be held within 70 days of the date of arrest under a warrant issued
119-3 by the director or a designated agent of the director or by the
119-4 board on order by the governor and at a time and place set by that
119-5 parole panel or designee. The panel or designee may hold the
119-6 hearing at a date later than the date otherwise required by this
119-7 section if it determines a delay is necessary to assure due process
119-8 for the person, except that the authority issuing the warrant shall
119-9 immediately withdraw the warrant if the hearing is not held before
119-10 the 121st day after the date of arrest<, regardless of whether the
119-11 person agrees to delay the hearing until after that date>. If a
119-12 parole panel or designee determines that a parolee, mandatory
119-13 supervisee, or person granted a conditional pardon has been
119-14 convicted in a court of competent jurisdiction of a felony offense
119-15 committed while an administrative releasee and has been sentenced
119-16 by the court to a term of incarceration in a penal institution, the
119-17 determination is to be considered a sufficient hearing to revoke
119-18 the parole or mandatory supervision or recommend to the governor
119-19 revocation of a conditional pardon without further hearing, except
119-20 that the parole panel or designee shall conduct a hearing to
119-21 consider mitigating circumstances if requested by the parolee,
119-22 mandatory supervisee, or person granted a conditional pardon. A
119-23 parole panel or designee shall consider any allegation made by the
119-24 department that a parolee, mandatory supervisee, or person granted
119-25 a conditional pardon has violated a condition of supervision
119-26 imposed by the department and may revoke the parole or mandatory
119-27 supervision or recommend to the governor revocation of conditional
120-1 pardon on a finding that the condition has been violated. When the
120-2 parole panel or designee has heard the facts, the board may
120-3 recommend to the governor that the conditional pardon be continued,
120-4 revoked, or modified, or it may continue, revoke, or modify the
120-5 parole or mandatory supervision, in any manner warranted by the
120-6 evidence. The parole panel or designee must make its
120-7 recommendation or decision no later than the 30th day after the
120-8 date the hearing is concluded. When a person's parole, mandatory
120-9 supervision, or conditional pardon is revoked, that person may be
120-10 required to serve the portion remaining of the sentence on which he
120-11 was released, such portion remaining to be calculated without
120-12 credit for the time from the date of his release to the date of
120-13 revocation. When a warrant is issued charging a violation of
120-14 release conditions, the sentence time credit may be suspended until
120-15 a determination is made in such case and such suspended time credit
120-16 may be reinstated should such parole, mandatory supervision, or
120-17 conditional pardon be continued.
120-18 (c) The requirement in Subsection (a) that a warrant be
120-19 withdrawn does not apply if the person:
120-20 (1) has been removed from the custody of a county
120-21 sheriff by the department and placed in a residential facility;
120-22 (2) is in custody in another state or in a federal
120-23 correctional facility; or
120-24 (3) requests a continuance, or the attorney
120-25 representing the person or the attorney representing the state
120-26 requests a continuance.
120-27 SECTION 2.012. Sections 15(b) and (c), Article 42.18, Code
121-1 of Criminal Procedure, are amended to read as follows:
121-2 (b) The department <pardons and paroles division> may allow
121-3 a person released on parole or mandatory supervision to serve the
121-4 remainder of the person's sentence without supervision and without
121-5 being required to report if:
121-6 (1) the person has been under the supervision for not
121-7 less than one-half of the time that remained on the person's
121-8 sentence when the person was released from imprisonment and during
121-9 the period of supervision the person's parole or release on
121-10 mandatory supervision has not been revoked; and
121-11 (2) the department <pardons and paroles division>
121-12 determines that:
121-13 (A) the person has made a good faith effort to
121-14 comply with any restitution order imposed on the person by a court
121-15 of competent jurisdiction; and
121-16 (B) allowing the person to serve the remainder
121-17 of the person's sentence without supervision and reporting is in
121-18 the best interest of society.
121-19 (c) The department <pardons and paroles division> may
121-20 require a person released from supervision and reporting under
121-21 Subsection (b) of this section to resubmit to supervision and
121-22 resume reporting at any time, and for any reason.
121-23 SECTION 2.013. Section 17, Article 42.18, Code of Criminal
121-24 Procedure, is amended to read as follows:
121-25 Sec. 17. Supervision Responsibilities. (a) The department
121-26 <pardons and paroles division> shall have general responsibility
121-27 for the investigation and supervision of all prisoners released on
122-1 parole and to mandatory supervision.
122-2 (b) The Texas Board of Criminal Justice shall collect
122-3 information on recidivism of releasees under the supervision of the
122-4 department <pardons and paroles division> and use the information
122-5 collected to evaluate operations.
122-6 (c) At any time before <setting> a revocation hearing is to
122-7 be held <date> under Section 14(a) of this article, the department
122-8 <pardons and paroles division> may withdraw the <a> warrant and
122-9 continue supervision of the <a> released person.
122-10 SECTION 2.014. Section 18, Article 42.18, Code of Criminal
122-11 Procedure, is amended to read as follows:
122-12 Sec. 18. Confidential Information. (a) Except as provided
122-13 by Subsection (b), all <All> information, including victim protest
122-14 letters or other correspondence, victim impact statements, lists of
122-15 inmates eligible for release on parole, and arrest records of
122-16 inmates, obtained and maintained in connection with inmates of the
122-17 institutional division subject to parole, release to mandatory
122-18 supervision, or executive clemency, or individuals who may be on
122-19 mandatory supervision or parole and under the supervision of the
122-20 pardons and paroles division, or persons directly identified in any
122-21 proposed plan of release for a prisoner, is <including victim
122-22 impact statements, lists of inmates eligible for parole, and
122-23 inmates' arrest records, shall be> confidential <and privileged
122-24 information and shall not be subject to public inspection;
122-25 provided, however, that all such information shall be available to
122-26 the governor, the members of the board, and the Criminal Justice
122-27 Policy Council to perform its duties under Section 413.021,
123-1 Government Code, upon request>.
123-2 (b) Statistical <It is further provided that statistical>
123-3 and general information respecting the parole and mandatory
123-4 supervision program and system, including the names of paroled
123-5 prisoners, prisoners released to mandatory supervision, and data
123-6 recorded in connection with parole and mandatory supervision
123-7 services, is not confidential and must <shall> be made available
123-8 for <subject to> public inspection at any reasonable time.
123-9 (c) On request of the governor, a member of the board, the
123-10 Criminal Justice Policy Council in performing duties of the council
123-11 under Section 413.021, Government Code, or an entity requesting
123-12 information for a law enforcement, correctional, or treatment
123-13 purpose, the department may provide to the person or entity
123-14 information made confidential by this section. A response to a
123-15 request under this subsection does not change the confidential
123-16 nature of information released.
123-17 SECTION 2.015. Section 22, Article 42.18, Code of Criminal
123-18 Procedure, is amended to read as follows:
123-19 Sec. 22. Electronic Monitoring. In order to establish and
123-20 maintain electronic monitoring programs as authorized by this
123-21 article, the department <pardons and paroles division> may fund
123-22 electronic monitoring programs in parole offices, develop standards
123-23 for the operation of electronic monitoring programs in parole
123-24 offices, and provide funds for the purchase, lease, or maintenance
123-25 of electronic monitoring equipment. In determining whether
123-26 electronic monitoring equipment should be leased or purchased, the
123-27 department <pardons and paroles division> shall take into
124-1 consideration the rate at which technological change makes
124-2 electronic monitoring equipment obsolete.
124-3 SECTION 2.016. Section 23, Article 42.18, Code of Criminal
124-4 Procedure, is amended to read as follows:
124-5 Sec. 23. Special Programs. (a) The department <pardons and
124-6 paroles division>, if funds are appropriated to the department
124-7 <division> for that purpose, may enter into contracts for the
124-8 provision of certain services to be provided to releasees under the
124-9 supervision of the division, including the following:
124-10 (1) services to releasees who have a history of mental
124-11 impairment or mental retardation;
124-12 (2) services to releasees who have a history of
124-13 substance abuse; or
124-14 (3) services to releasees who have a history of sexual
124-15 offenses.
124-16 (b) The department <pardons and paroles division> shall seek
124-17 funding for the contracts as a priority item.
124-18 SECTION 2.017. Section 24, Article 42.18, Code of Criminal
124-19 Procedure, is amended to read as follows:
124-20 Sec. 24. Intensive Supervision. The department <pardons and
124-21 paroles division> shall establish a program to provide intensive
124-22 supervision to inmates released under the provisions of Subchapter
124-23 B, Chapter 499 <498>, Government Code, and other inmates determined
124-24 by parole panels or the department <pardons and paroles division>
124-25 to require intensive supervision. The Texas Board of Criminal
124-26 Justice shall adopt rules that establish standards for determining
124-27 which inmates require intensive supervision. The program must
125-1 provide the highest level of supervision provided by the department
125-2 <pardons and paroles division>.
125-3 SECTION 2.018. Section 25, Article 42.18, Code of Criminal
125-4 Procedure, is amended to read as follows:
125-5 Sec. 25. Community-Based Facilities. (a) The department
125-6 <pardons and paroles division> may establish and operate or
125-7 contract for the operation of community-based intermediate sanction
125-8 facilities to house, maintain, and provide services for:
125-9 (1) persons required by a parole panel or the
125-10 department as a condition of parole or mandatory supervision under
125-11 <Section 8(g) of> this article to serve a period in a
125-12 community-based facility; and
125-13 (2) persons whose release on parole or mandatory
125-14 supervision has been continued or modified under Section 14(a) of
125-15 this article, and on whom sanctions have been imposed under that
125-16 section.
125-17 (b) The purpose of a facility authorized by this section is
125-18 to provide housing, supervision, counseling, personal, social, and
125-19 work adjustment training, and other programs for persons described
125-20 by Subsection (a) of this section.
125-21 (c) The department <pardons and paroles division> may not
125-22 establish, enter into a contract for a community-based facility,
125-23 change the use of a community-based facility, significantly
125-24 increase the capacity of a community-based facility, or increase
125-25 the capacity of a community-based facility to more than 500
125-26 residents, regardless of whether that increase is significant,
125-27 unless the department or a vendor proposing to operate the facility
126-1 <pardons and paroles division> provides notice of the proposed
126-2 action and a hearing on the issues in the same manner as notice and
126-3 hearing are provided <required of the community justice assistance
126-4 division> under Section 9 <10>, Article 42.13<, of this code before
126-5 the division takes an action under Section 5 of that article>.
126-6 This subsection applies to any residential facility that the
126-7 department <pardons and paroles division> establishes or contracts
126-8 for under this article, under Subchapter C, Chapter 497, Government
126-9 Code, or under Subchapter A, Chapter 499, Government Code.
126-10 (d) The Texas Board of Criminal Justice shall adopt rules
126-11 necessary for the management of community-based facilities
126-12 authorized by this section.
126-13 (e) The department <pardons and paroles division> may charge
126-14 a reasonable fee to a person housed in a facility authorized by
126-15 this section for the cost of housing, board, and that part of the
126-16 administrative costs of the facility that may be properly allocable
126-17 to the person. A fee imposed under this subsection may not exceed
126-18 the actual costs to the department <pardons and paroles division>
126-19 for services to the person charged for the services. The
126-20 department <pardons and paroles division> may not deny placement in
126-21 a community-based facility to a person because that person is
126-22 unable to pay a fee authorized by this section.
126-23 (f) A parole panel or a designee of the director <pardons
126-24 and paroles division> may grant a limited release to a person
126-25 placed in a community-based facility so that the person may
126-26 maintain or seek employment, education or training courses, or
126-27 housing after release from the facility.
127-1 (g) The department <pardons and paroles division> may enter
127-2 into a contract with a public or private vendor for the financing,
127-3 construction, operation, or management of community-based
127-4 facilities using lease-purchase or installment sale contracts to
127-5 provide or supplement housing, board, or supervision for persons
127-6 placed in community-based facilities. A person housed or
127-7 supervised in a facility operated by a vendor under a contract is
127-8 subject to the same provisions of law as if the housing or
127-9 supervision were provided directly by the department <pardons and
127-10 paroles division>.
127-11 SECTION 2.019. Section 26, Article 42.18, Code of Criminal
127-12 Procedure, is amended to read as follows:
127-13 Sec. 26. Contracts for Lease of Federal Facilities.
127-14 (a) The department <pardons and paroles division> may contract
127-15 with the federal government for the lease of any military base or
127-16 other federal facility that is not being used by the federal
127-17 government.
127-18 (b) A facility leased under this section may be used by the
127-19 department <pardons and paroles division> for the purpose of
127-20 housing releasees in the custody of the <pardons and paroles>
127-21 division.
127-22 (c) The department <pardons and paroles division> may not
127-23 enter into a contract under this section unless funds have been
127-24 appropriated specifically for the purpose of making payments on
127-25 contracts authorized under this section.
127-26 (d) The department <pardons and paroles division> shall
127-27 attempt to enter into contracts authorized by this section that
128-1 will provide the department <pardons and paroles division> with
128-2 facilities located in the various parts of the state.
128-3 SECTION 2.020. Section 27, Article 42.18, Code of Criminal
128-4 Procedure, is amended to read as follows:
128-5 Sec. 27. Program to Assess and Enhance Educational and
128-6 Vocational Skills. (a) The department <pardons and paroles
128-7 division>, with the assistance of public school districts,
128-8 community and public junior colleges, public and private
128-9 institutions of higher education, and other appropriate public and
128-10 private entities, may establish a developmental program on the
128-11 basis of information developed under Subsection (b)(4), Section 8B,
128-12 <8(k) of this article> for an inmate to be released to the
128-13 supervision of the division.
128-14 (b) The developmental program may provide the inmate with
128-15 the educational and vocational training necessary to:
128-16 (1) meet the average skill level required under
128-17 Section 8B <8(k) of this article>; and
128-18 (2) acquire employment while in the custody <under the
128-19 supervision> of the pardons and paroles division, to lessen the
128-20 likelihood that the inmate will return to the institutional
128-21 division.
128-22 (c) To decrease state expenditures for the educational and
128-23 vocational skills assessment and enhancement program established
128-24 under this section, the Texas Department of Commerce shall provide
128-25 information to the department <pardons and paroles division>,
128-26 public school districts, community and public junior colleges,
128-27 public and private institutions of higher education, and other
129-1 appropriate public and private entities for obtaining financial
129-2 assistance through Chapter 301, Labor Code, <the Texas Job-Training
129-3 Partnership Act (Article 4413(52), Vernon's Texas Civil Statutes)>
129-4 and other applicable programs of public or private entities.
129-5 (d) The department <pardons and paroles division> may
129-6 establish a developmental program similar to the program described
129-7 by Subsection (a) of this section for inmates released from the
129-8 institutional division who are not to be supervised by the
129-9 department <division>.
129-10 SECTION 2.021. Section 28, Article 42.18, Code of Criminal
129-11 Procedure, is amended to read as follows:
129-12 Sec. 28. Reporting and Management Services. The department
129-13 <pardons and paroles division>, with the approval of the Texas
129-14 Board of Criminal Justice, may enter into a contract with a public
129-15 or private vendor for the provision of telephone reporting,
129-16 automated caseload management, and collection services for fines,
129-17 fees, restitution, and other costs ordered to be paid by a court or
129-18 fees collected <imposed> by the division.
129-19 SECTION 2.022. This article takes effect September 1, 1995.
129-20 ARTICLE 3
129-21 SECTION 3.001. Sections 8(a), (b), (c), (f), (h), and (i),
129-22 Article 42.09, Code of Criminal Procedure, are amended to read as
129-23 follows:
129-24 (a) A county that transfers a defendant to the
129-25 <institutional division of the> Texas Department of Criminal
129-26 Justice under this article shall deliver to an officer designated
129-27 by the department <the director of the division>:
130-1 (1) a copy of the judgment entered pursuant to Article
130-2 42.01 of this code, completed on a standardized felony judgment
130-3 form described by Section 4 of that article;
130-4 (2) a copy of any order revoking community supervision
130-5 <probation> and imposing sentence pursuant to Section 23, Article
130-6 42.12, of this code, including:
130-7 (A) any amounts owed for restitution, fines, and
130-8 court costs, completed on a standardized felony judgment form
130-9 described by Section 4, Article 42.01, of this code; <and>
130-10 (B) a copy of the client supervision plan
130-11 prepared for the defendant by the community supervision and
130-12 corrections department supervising the defendant, if such a plan
130-13 was prepared; and
130-14 (C) a statement describing all allegations
130-15 raised in the community supervision revocation proceeding;
130-16 (3) a written report that states the nature and the
130-17 seriousness of each offense and that states the citation to the
130-18 provision or provisions of the Penal Code or other law under which
130-19 the defendant was convicted;
130-20 (4) a copy of the victim impact statement, if one has
130-21 been prepared in the case under Article 56.03 of this code;
130-22 (5) a statement as to whether there was a change in
130-23 venue in the case and, if so, the names of the county prosecuting
130-24 the offense and the county in which the case was tried;
130-25 (6) a copy of the record of arrest for each offense;
130-26 (7) if requested, information regarding the criminal
130-27 history of the defendant, including the defendant's state
131-1 identification number if the number has been issued;
131-2 (8) a copy of the indictment or information for each
131-3 offense;
131-4 (9) a checklist sent by the department to the county
131-5 and completed by the county in a manner indicating that the
131-6 documents required by this subsection and Subsection (c) of this
131-7 section accompany the defendant; and
131-8 (10) a copy of a presentence or postsentence
131-9 investigation report prepared under Section 9, Article 42.12 of
131-10 this code.
131-11 (b) The <institutional division of the> Texas Department of
131-12 Criminal Justice shall not take a defendant into custody under this
131-13 article until the designated officer <director> receives the
131-14 documents required by Subsections (a) and (c) of this section. The
131-15 designated officer <director> shall certify under the seal of the
131-16 department <institutional division> the documents received under
131-17 Subsections (a) and (c) of this section. A document certified
131-18 under this subsection is self-authenticated for the purposes of
131-19 Rules 901 and 902, Texas Rules of Criminal Evidence.
131-20 (c) A county that transfers a defendant to the
131-21 <institutional division of the> Texas Department of Criminal
131-22 Justice under this article shall also deliver to the designated
131-23 officer <director of the division> any presentence or postsentence
131-24 investigation report, revocation report, psychological or
131-25 psychiatric evaluation of the defendant, and available social or
131-26 psychological background information relating to the defendant and
131-27 may deliver to the designated officer <director> any additional
132-1 information upon which the judge or jury bases the punishment
132-2 decision.
132-3 (f) Except as provided by Subsection (g) of this section,
132-4 the county sheriff is responsible for ensuring that documents and
132-5 information required by this section accompany defendants sentenced
132-6 by district courts in the county to <terms of imprisonment in the
132-7 institutional division of> the Texas Department of Criminal
132-8 Justice.
132-9 (h) If a parole panel releases on parole a person who is
132-10 confined in a jail in this state, a federal correctional
132-11 institution, or a correctional institution in another state, the
132-12 <pardons and paroles division of the> Texas Department of Criminal
132-13 Justice shall request the sheriff who would otherwise be required
132-14 to transfer the person to the department <institutional division>
132-15 to forward to the department <both divisions> the information
132-16 described by Subsections (a) and (c) of this section. The sheriff
132-17 shall comply with the request of the department <pardons and
132-18 paroles division>. The department <pardons and paroles division>
132-19 shall determine whether the information forwarded by the sheriff
132-20 under this subsection contains a thumbprint taken from the person
132-21 in the manner provided by Article 38.33 of this code and, if not,
132-22 the department <division> shall obtain a thumbprint taken in the
132-23 manner provided by that article and shall forward the thumbprint to
132-24 the department <institutional division> for inclusion with the
132-25 information sent by the sheriff.
132-26 (i) A county may deliver the documents required under
132-27 Subsections (a) and (c) of this section to the <institutional
133-1 division of the> Texas Department of Criminal Justice by electronic
133-2 means. For purposes of this subsection, "electronic means" means
133-3 the transmission of data between word processors, data processors,
133-4 or similar automated information equipment over dedicated cables,
133-5 commercial lines, or other similar methods of transmission.
133-6 SECTION 3.002. Sections 9(j) and (k), Article 42.12, Code of
133-7 Criminal Procedure, are amended to read as follows:
133-8 (j) The judge by order may direct that any information and
133-9 records that are not privileged and that are relevant to a <the>
133-10 report required by Subsection (a) or Subsection (k) of this section
133-11 be released to an <the> officer conducting a <the> presentence
133-12 investigation under Subsection (i) of this section or a
133-13 postsentence report under Subsection (k) of this section. The
133-14 judge may also issue a subpoena to obtain that information. A
133-15 <The> report and all information obtained in connection with a
133-16 <the> presentence investigation or postsentence report are
133-17 confidential and may be released only to those persons and under
133-18 those circumstances authorized under Subsections (d), (e), (f),
133-19 (h), and (k) <and (g)> of this section and as directed by the judge
133-20 for the effective supervision of the defendant. Medical and
133-21 psychiatric records obtained by court order shall be kept separate
133-22 from the defendant's community supervision file and may be released
133-23 only by order of the judge.
133-24 (k) If a presentence report in a felony case is not required
133-25 under this section, the judge shall direct the officer to prepare a
133-26 postsentence report containing the same information that would have
133-27 been required for the presentence report, other than a proposed
134-1 client supervision plan and any information that is reflected in
134-2 the judgment. The officer shall send the postsentence report to
134-3 the clerk of the court not later than the 30th day after the date
134-4 on which sentence is pronounced or deferred adjudication is
134-5 granted, and the clerk shall deliver <file> the postsentence report
134-6 with the papers in the case to a designated officer of the Texas
134-7 Department of Criminal Justice, as required by Section 8(a),
134-8 Article 42.09.
134-9 SECTION 3.003. Section 11(a), Article 42.12, Code of
134-10 Criminal Procedure, as amended by Section 2, Chapter 806, and
134-11 Section 4.01, Chapter 900, Acts of the 73rd Legislature, Regular
134-12 Session, 1993, is revised and amended to read as follows:
134-13 (a) The judge of the court having jurisdiction of the case
134-14 shall determine the conditions of community supervision and may, at
134-15 any time, during the period of community supervision alter or
134-16 modify the conditions <as provided by Sections 10 and 22 of this
134-17 article>. The judge may impose any reasonable condition that is
134-18 designed to protect or restore the community, protect or restore
134-19 the victim, or punish, rehabilitate, or reform the defendant.
134-20 Conditions of community supervision may include, but shall not be
134-21 limited to, the conditions that the defendant shall:
134-22 (1) Commit no offense against the laws of this State
134-23 or of any other State or of the United States;
134-24 (2) Avoid injurious or vicious habits;
134-25 (3) Avoid persons or places of disreputable or harmful
134-26 character;
134-27 (4) Report to the supervision officer as directed by
135-1 the judge or supervision officer and obey all rules and regulations
135-2 of the community supervision and corrections department;
135-3 (5) Permit the supervision officer to visit him at his
135-4 home or elsewhere;
135-5 (6) Work faithfully at suitable employment as far as
135-6 possible;
135-7 (7) Remain within a specified place;
135-8 (8) Pay his fine, if one be assessed, and all court
135-9 costs whether a fine be assessed or not, in one or several sums;
135-10 (9) Support his dependents;
135-11 (10) Participate, for a time specified by the judge in
135-12 any community-based program, including a community-service work
135-13 program under Section 16 of this article;
135-14 (11) Reimburse the county in which the prosecution was
135-15 instituted for compensation paid to appointed counsel for defending
135-16 him in the case, if counsel was appointed, or if he was represented
135-17 by a county-paid public defender, in an amount that would have been
135-18 paid to an appointed attorney had the county not had a public
135-19 defender;
135-20 (12) Remain under custodial supervision in a community
135-21 corrections facility, obey all rules and regulations of such
135-22 facility, and pay a percentage of his income to the facility for
135-23 room and board;
135-24 (13) Pay a percentage of his income to his dependents
135-25 for their support while under custodial supervision in a community
135-26 corrections facility;
135-27 (14) Submit to testing for alcohol or controlled
136-1 substances;
136-2 (15) Attend counseling sessions for substance abusers
136-3 or participate in substance abuse treatment services in a program
136-4 or facility approved or licensed by the Texas Commission on Alcohol
136-5 and Drug Abuse;
136-6 (16) Register under Article 6252-13c.1, Revised
136-7 Statutes;
136-8 (17) With the consent of the victim of a misdemeanor
136-9 offense or of any offense under Title 7, Penal Code, participate
136-10 in victim-defendant mediation;
136-11 (18) <(19)> Submit to electronic monitoring;
136-12 (19) <(20)> Reimburse the general revenue fund <crime
136-13 victims compensation fund created under the Crime Victims
136-14 Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes)>
136-15 for any amounts paid under the Crime Victims' Compensation Act
136-16 (Subchapter B, Chapter 56, of this code) from that fund to a
136-17 victim, as defined by Article 56.01 of this code, of the
136-18 defendant's offense;
136-19 (20) <(21)> Reimburse a law enforcement agency for the
136-20 analysis, storage, or disposal of raw materials, controlled
136-21 substances, chemical precursors, drug paraphernalia, or other
136-22 materials seized in connection with the offense;
136-23 (21) <(22)> Pay all or part of the reasonable and
136-24 necessary costs incurred by the victim for psychological counseling
136-25 made necessary by the offense or for counseling and education
136-26 relating to acquired immune deficiency syndrome or human
136-27 immunodeficiency virus made necessary by the offense; and
137-1 (22) <(23)> Make one payment in an amount not to
137-2 exceed $50 to a local crime stoppers program as defined by Section
137-3 414.001, Government Code, and as certified by the Crime Stoppers
137-4 Advisory Council.
137-5 SECTION 3.004. Section 13(a), Article 42.12, Code of
137-6 Criminal Procedure, as amended by Chapters 886 and 900, Acts of the
137-7 73rd Legislature, Regular Session, 1993, is amended to read as
137-8 follows:
137-9 (a) A judge granting community supervision to a defendant
137-10 convicted of an offense under Chapter 49, Penal Code, shall require
137-11 as a condition of community supervision that the defendant submit
137-12 to:
137-13 (1) not less than 72 hours of continuous confinement
137-14 <detention in a jail> if the defendant was punished under Section
137-15 49.09(a) <convicted under Subsection (d) of Article 6701l-1,
137-16 Revised Statutes, of which not less than 48 hours must be served
137-17 consecutively, except that in lieu of the requirement of 48
137-18 consecutive hours of detention, the court may require not less than
137-19 80 hours of community service>; not less than 10 days of continuous
137-20 confinement <detention in a jail> if the defendant was punished
137-21 under Section 49.09(b) or (c) <convicted under Subsection (e) of
137-22 Article 6701l-1, Revised Statutes, of which not less than 48 hours
137-23 must be served consecutively, except that in lieu of the
137-24 requirement of 48 consecutive hours of detention, the court may
137-25 require not less than 160 hours of community service>; or not less
137-26 than 30 days of continuous confinement <detention in a jail> if the
137-27 defendant was convicted under Section 49.07 <Subsection (f) of
138-1 Article 6701l-1, Revised Statutes, of which not less than 48 hours
138-2 must be served consecutively, except that in lieu of the
138-3 requirement of 48 consecutive hours of detention, the court may
138-4 require not less than 360 hours of community service>; and
138-5 (2) an evaluation by a supervision officer or by a
138-6 person, program, or facility approved by the Texas Commission on
138-7 Alcohol and Drug Abuse for the purpose of having the facility
138-8 prescribe and carry out a course of conduct necessary for the
138-9 rehabilitation of the defendant's drug or alcohol dependence
138-10 condition.
138-11 SECTION 3.005. Section 13(i), Article 42.12, Code of
138-12 Criminal Procedure, as amended by Chapters 662 and 900, Acts of the
138-13 73rd Legislature, Regular Session, 1993, is revised and amended to
138-14 read as follows:
138-15 (i) If a person convicted of an offense under Sections
138-16 49.04-49.08, Penal Code, <and punished under Subsection (c) or (d)
138-17 of that article, or of a first or second offense under Section
138-18 19.05(a)(2), Penal Code,> is placed on community supervision, the
138-19 court may require as a condition of community supervision that the
138-20 defendant not operate a motor vehicle unless the vehicle is
138-21 equipped with a device that uses a deep-lung breath analysis
138-22 mechanism to make impractical the operation of the motor vehicle if
138-23 ethyl alcohol is detected in the breath of the operator. If the
138-24 person is convicted of an offense under Sections 49.04-49.06
138-25 <Section 49.04>, Penal Code, and punished under Section 49.09(a) or
138-26 (b), Penal Code <Subsection (e) of that article>, or of a second
138-27 <third> or subsequent offense under Section 49.07 or 49.08, Penal
139-1 Code, and the person after conviction of either offense is placed
139-2 on community supervision, the court shall require as a condition of
139-3 community supervision that the defendant not operate a motor
139-4 vehicle unless the vehicle is equipped with that device. Before
139-5 placing on community supervision a person convicted of an offense
139-6 under Sections 49.04-49.08 <Section 49.04 or 49.08>, Penal Code,
139-7 the court shall determine from criminal history record information
139-8 maintained by the Department of Public Safety whether the person
139-9 has two or more previous convictions under Sections 49.04-49.08,
139-10 Penal Code, <that article or that section> or has one previous
139-11 conviction under Sections 49.04-49.07, Penal Code, <that article>
139-12 and one previous conviction under Section 49.08, Penal Code <that
139-13 section>. If the court determines that the person has two or more
139-14 such previous convictions, the court shall require as a condition
139-15 of community supervision that the defendant not operate a motor
139-16 vehicle unless the vehicle is equipped with the device described in
139-17 this subsection. The court shall require the defendant to obtain
139-18 the device at his own cost unless the court finds that to do so
139-19 would not be in the best interest of justice and enters its
139-20 findings on record. The court shall order the device to remain
139-21 installed on that vehicle for a period not less than 50 percent of
139-22 the supervision period. If the court determines the offender is
139-23 unable to pay for the device, the court may impose a reasonable
139-24 payment schedule not to exceed twice the period of the court's
139-25 order. The Department of Public Safety shall approve devices for
139-26 use under this subsection. The provisions of Section 23A(f),
139-27 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
140-1 (Article 6687b, Vernon's Texas Civil Statutes), apply to the
140-2 approval of a device under this subsection and the consequences of
140-3 that approval. Notwithstanding the provisions of this section, if
140-4 a person is required to operate a motor vehicle in the course and
140-5 scope of the person's employment and if the vehicle is owned by the
140-6 employer, the person may operate that vehicle without installation
140-7 of an approved ignition interlock device if the employer has been
140-8 notified of that driving privilege restriction and if proof of that
140-9 notification is with the vehicle. This employment exemption does
140-10 not apply, however, if the business entity that owns the vehicle is
140-11 owned or controlled by the person whose driving privilege has been
140-12 restricted.
140-13 SECTION 3.006. Section 13(j), Article 42.12, Code of
140-14 Criminal Procedure, as amended by Chapters 796 and 900, Acts of the
140-15 73rd Legislature, 1993, is reenacted to read as follows:
140-16 (j) The judge shall require a defendant who is punished
140-17 under Section 49.09, Penal Code, as a condition of community
140-18 supervision, to attend and successfully complete, before the end of
140-19 the defendant's period of driver's license suspension, an
140-20 educational program for repeat offenders approved by the Texas
140-21 Commission on Alcohol and Drug Abuse. The Texas Commission on
140-22 Alcohol and Drug Abuse shall adopt rules and shall monitor,
140-23 coordinate, and provide training to persons providing the
140-24 educational programs. The Texas Commission on Alcohol and Drug
140-25 Abuse is responsible for the administration of the certification of
140-26 approved educational programs. The judge may waive the educational
140-27 program requirement only if the defendant by a motion in writing
141-1 shows good cause. In determining good cause, the judge may
141-2 consider the defendant's school and work schedule, the defendant's
141-3 health, the distance that the defendant must travel to attend an
141-4 educational program, and whether the defendant resides out of state
141-5 or does not have access to transportation. The judge shall set out
141-6 the finding of good cause in the judgment. If a defendant is
141-7 required, as a condition of community supervision, to attend an
141-8 educational program, the court clerk shall immediately report that
141-9 fact to the Department of Public Safety, on a form prescribed by
141-10 the department, for inclusion in the defendant's driving record.
141-11 The report must include the beginning date of the defendant's
141-12 community supervision. On the successful completion of the
141-13 educational program for repeat offenders, the defendant shall give
141-14 notice to the community supervision and corrections department.
141-15 The community supervision and corrections department shall then
141-16 forward the notice to the court clerk. The court clerk shall then
141-17 report the date of successful completion of the educational program
141-18 to the Department of Public Safety for inclusion in the defendant's
141-19 driving record. If the Department of Public Safety does not
141-20 receive notice that a defendant required to complete an educational
141-21 program has successfully completed the program for repeat offenders
141-22 within the period required by this section, as shown on department
141-23 records, the department shall continue the suspension of the
141-24 defendant's driver's license, permit, or privilege or prohibit the
141-25 defendant from obtaining a license or permit, as provided by
141-26 Section 24(g)(2), Chapter 173, Acts of the 47th Legislature,
141-27 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
142-1 Statutes).
142-2 SECTION 3.007. Sections 13(k) and (l), Article 42.12, Code
142-3 of Criminal Procedure, are amended to read as follows:
142-4 (k) Notwithstanding Section 24(g), Chapter 173, Acts of the
142-5 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
142-6 Texas Civil Statutes), if the judge, under Subsection <(h) or> (j)
142-7 of this section, <permits or> requires a defendant punished under
142-8 Section 49.09, Penal Code, to attend an educational program as a
142-9 condition of community supervision, or waives the required
142-10 attendance for such a program, <and the defendant has previously
142-11 been required to attend such a program, or the required attendance
142-12 at the program had been waived,> the judge nonetheless shall order
142-13 the suspension of the driver's license, permit, or operating
142-14 privilege of that person for a period of <determined by the judge
142-15 according to the following schedule:>
142-16 <(1) not less than 90 days or more than 365 days, if
142-17 the defendant is convicted under Sections 49.04-49.08, Penal Code;
142-18 or>
142-19 <(2)> not less than 180 days or more than two years<,
142-20 if the defendant is punished under Section 49.09, Penal Code>.
142-21 (l) If the Department of Public Safety receives notice that
142-22 a defendant has been required <or permitted> to attend a subsequent
142-23 educational program under Subsection <(h),> (j)<, or (k)> of this
142-24 section, although the previously required attendance had been
142-25 waived, but the judge has not ordered a period of suspension, the
142-26 department shall suspend the defendant's driver's license, permit,
142-27 or operating privilege, or shall issue an order prohibiting the
143-1 defendant from obtaining a license or permit for the <a> period
143-2 ordered by the court under Subsection (k) <of 365 days>.
143-3 SECTION 3.008. Section 14(b), Article 42.12, Code of
143-4 Criminal Procedure, as amended by Chapter 900, Acts of the 73rd
143-5 Legislature, Regular Session, 1993, is amended to read as follows:
143-6 (b) A judge may impose the condition of community
143-7 supervision created under this section if:
143-8 (1) the judge places the defendant on community
143-9 supervision under this article;
143-10 (2) the defendant is charged with or convicted of a
143-11 felony other than:
143-12 (A) a felony under Section 21.11, 22.011, or
143-13 22.021, <or 25.06,> Penal Code; or
143-14 (B) criminal attempt of a felony under Section
143-15 21.11, 22.011, or 22.021, Penal Code; and
143-16 (3) the judge makes an affirmative finding that:
143-17 (A) drug or alcohol abuse significantly
143-18 contributed to the commission of the crime or violation of
143-19 community supervision; and
143-20 (B) the defendant is a suitable candidate for
143-21 treatment, as determined by the suitability criteria established by
143-22 the Texas Board of Criminal Justice under Section 493.009(b),
143-23 Government Code.
143-24 SECTION 3.009. Section 15(h), Article 42.12, Code of
143-25 Criminal Procedure, as amended by Chapter 900, Acts of the 73rd
143-26 Legislature, Regular Session, 1993, is amended to read as follows:
143-27 (h)(1) A defendant confined in a state jail felony facility
144-1 after revocation of community supervision does not earn good
144-2 conduct time for time served in the facility.
144-3 (2) A judge may credit against any time a defendant is
144-4 subsequently required to serve in a state jail felony facility
144-5 after revocation of community supervision time served by the
144-6 defendant in county jail:
144-7 (A) from the time of the defendant's arrest and
144-8 confinement until sentencing by the trial court; and
144-9 (B) as a condition of community supervision
144-10 under Subsection (d) of this section<; and>
144-11 <(C) after modification of community
144-12 supervision>.
144-13 (3) A judge shall credit against any time a defendant
144-14 is subsequently required to serve in a state jail felony facility
144-15 after revocation of community supervision any time served by the
144-16 defendant in a state jail felony facility after sentencing.
144-17 SECTION 3.010. Section 16, Article 42.12, Code of Criminal
144-18 Procedure, is amended to read as follows:
144-19 Sec. 16. Community Service. (a) A judge shall require as a
144-20 condition of community supervision, that the defendant work a
144-21 specified number of hours at a community service project or
144-22 projects for an organization or organizations approved by the judge
144-23 and designated by the department, unless the judge determines and
144-24 notes on the order placing the defendant on community supervision
144-25 that:
144-26 (1) the defendant is physically or mentally incapable
144-27 of participating in the project;
145-1 (2) participating in the project will work a hardship
145-2 on the defendant or the defendant's dependents;
145-3 (3) the defendant is to be confined in a substance
145-4 abuse punishment facility as a condition of community supervision;
145-5 or
145-6 (4) there is other good cause shown.
145-7 (b) The amount of community service work ordered by the
145-8 judge:
145-9 (1) may not exceed 1,000 hours and may not be less
145-10 than 320 hours for an offense classified as a first degree felony;
145-11 (2) may not exceed 800 hours and may not be less than
145-12 240 hours for an offense classified as a second degree felony;
145-13 (3) may not exceed 600 hours and may not be less than
145-14 160 hours for an offense classified as a third degree felony;
145-15 (4) may not exceed 400 hours and may not be less than
145-16 120 hours for an offense classified as a state jail felony;
145-17 (5) may not exceed 200 hours and may not be less than
145-18 80 hours for an offense classified as a Class A misdemeanor or for
145-19 any other misdemeanor for which the maximum permissible
145-20 confinement, if any, exceeds six months or the maximum permissible
145-21 fine, if any, exceeds $4,000; and
145-22 (6) may not exceed 100 hours and may not be less than
145-23 24 hours for an offense classified as a Class B misdemeanor or for
145-24 any other misdemeanor for which the maximum permissible
145-25 confinement, if any, does not exceed six months and the maximum
145-26 permissible fine, if any, does not exceed $4,000.
145-27 (c) <If the judge modifies the defendant's terms of
146-1 community supervision to include confinement in a state jail felony
146-2 facility, the judge shall order the defendant to continue to work
146-3 towards fulfillment of his work requirement during his period of
146-4 confinement.>
146-5 <(d)> A defendant required to perform community service
146-6 under this section is not a state employee for the purposes of
146-7 Article 8309g or 8309h, Revised Statutes.
146-8 <(e) An employee of the Texas Department of Criminal
146-9 Justice, sheriff, employee of a sheriff's department, county
146-10 commissioner, county employee, county judge, employee of a
146-11 community corrections and supervision department, restitution
146-12 center, or officer or employee of a political subdivision other
146-13 than a county is not liable for damages arising from an act or
146-14 failure to act in connection with community service performed by an
146-15 inmate pursuant to court order under this article or in connection
146-16 with an inmate or offender programmatic or nonprogrammatic
146-17 activity, including work, educational, and treatment activities, if
146-18 the act or failure to act was not intentional, wilfully or wantonly
146-19 negligent, or performed with conscious indifference or reckless
146-20 disregard for the safety of others.>
146-21 (d) <(e)> If the court makes an affirmative finding under
146-22 Article 42.014, Code of Criminal Procedure, the court may order the
146-23 defendant to perform community service under this section at a
146-24 project designated by the court that primarily serves the person or
146-25 group who was the target of the defendant. If the court orders
146-26 community service under this subsection the court shall order the
146-27 defendant to perform not less than:
147-1 (1) 100 hours of service if the offense is a
147-2 misdemeanor; or
147-3 (2) 300 hours of service if the offense is a felony.
147-4 SECTION 3.011. Section 18, Article 42.12, Code of Criminal
147-5 Procedure, is amended by adding Subsection (j) to read as follows:
147-6 (j) A community corrections facility director, with the
147-7 approval of the convicting court, may grant to a defendant:
147-8 (1) a short-term furlough; or
147-9 (2) an emergency furlough, on documented need of the
147-10 defendant to obtain medical treatment or diagnosis, attend a
147-11 funeral, or visit a critically ill relative.
147-12 SECTION 3.012. Section 22(a), Article 42.12, Code of
147-13 Criminal Procedure, is amended to read as follows:
147-14 (a) If after a hearing under Section 21 of this article a
147-15 judge continues or modifies community supervision after determining
147-16 that the defendant violated a condition of community supervision,
147-17 the judge may impose any other conditions the judge determines are
147-18 appropriate, including:
147-19 (1) a requirement that the defendant perform community
147-20 service for a number of hours specified by the court under Section
147-21 16 of this article, or an increase in the number of hours that the
147-22 defendant has previously been required to perform under those
147-23 sections in an amount not to exceed double the number of hours
147-24 permitted by Section 16;
147-25 (2) an increase in the period of community
147-26 supervision, in the manner described by Subsection (b) of this
147-27 section;
148-1 (3) an increase in the defendant's fine, in the manner
148-2 described by Subsection (d) of this section; or
148-3 (4) the placement of the defendant in a substance
148-4 abuse felony punishment program operated under Section 493.009,
148-5 Government Code, if:
148-6 (A) the defendant is convicted of a felony other
148-7 than:
148-8 (i) a felony under Section 21.11, 22.011,
148-9 or 22.021, <or 25.06,> Penal Code; or
148-10 (ii) criminal attempt of a felony under
148-11 Section 21.11, 22.011, or 22.021, Penal Code; and
148-12 (B) the judge makes an affirmative finding that:
148-13 (i) drug or alcohol abuse significantly
148-14 contributed to the commission of the crime or violation of
148-15 community supervision; and
148-16 (ii) the defendant is a suitable candidate
148-17 for treatment, as determined by the suitability criteria
148-18 established by the Texas Board of Criminal Justice under Section
148-19 493.009(b), Government Code.
148-20 SECTION 3.013. Section 4, Article 42.13, Code of Criminal
148-21 Procedure, is amended to read as follows:
148-22 Sec. 4. Inspections; Audits; Evaluations. <(a)> The
148-23 division may inspect and evaluate a department or conduct audits of
148-24 case management records, financial records, and officer
148-25 certification and training records of a department at any
148-26 reasonable time to determine compliance with the division's rules
148-27 and standards.
149-1 <(b) The division shall authorize payments under Section
149-2 10(a)(1) of this article only if the division determines that the
149-3 department has made a reasonable effort to maintain workloads
149-4 established by the division for supervising officers that do not
149-5 exceed the following ratios:>
149-6 <(1) one officer or full-time equivalent per 25 cases,
149-7 with a workload unit value of 4 per case;>
149-8 <(2) one officer or full-time equivalent per 40 cases,
149-9 with a workload unit value of 2.5 per case;>
149-10 <(3) one officer or full-time equivalent per 75 cases,
149-11 with a workload unit value of 1.33 per case; and>
149-12 <(4) one officer or full-time equivalent per 100
149-13 cases, with a workload unit value of 1 per case.>
149-14 SECTION 3.014. Section 7(g), Article 42.13, Code of Criminal
149-15 Procedure, is amended to read as follows:
149-16 (g) The division may deny, revoke, or suspend a
149-17 certification or may reprimand an officer for a violation of a
149-18 standard adopted under this article <or a rule of the Texas Board
149-19 of Criminal Justice>.
149-20 SECTION 3.015. Sections 10(a) and (e), Article 42.13, Code
149-21 of Criminal Procedure, are amended to read as follows:
149-22 (a) If the division determines that a department complies
149-23 with division standards and if the department or judges managing
149-24 the department have submitted a community justice plan under
149-25 Section 3, Article 42.131 of this code and the supporting
149-26 information required by the division and the division determines
149-27 the plan and supporting information are acceptable, the division
150-1 shall prepare and submit to the comptroller of public accounts
150-2 vouchers for payment to the department as follows:
150-3 (1) for per capita funding, a per diem amount for each
150-4 felony defendant directly supervised by the department pursuant to
150-5 lawful authority;
150-6 (2) for per capita funding, a per diem amount for a
150-7 period not to exceed 182 days for each defendant supervised by the
150-8 department pursuant to lawful authority, other than a felony
150-9 defendant; and
150-10 (3) for formula funding, an annual amount as computed
150-11 by multiplying a percentage determined by the allocation formula
150-12 established under Subsection (e) <Section 499.071(b), Government
150-13 Code>, times the total amount provided in the General
150-14 Appropriations Act for payments under this subdivision.
150-15 (e) The division annually shall compute for each department
150-16 for community corrections program formula funding a percentage
150-17 determined by assigning equal weights to the percentage of the
150-18 state's population residing in the counties served by the
150-19 department and the department's percentage of all felony defendants
150-20 in the state under direct community supervision. The division
150-21 shall use the most recent information available in making
150-22 computations under this subsection <In establishing per diem
150-23 payments authorized by Subsections (a)(1) and (a)(2) of this
150-24 section, the division shall consider the amounts appropriated in
150-25 the General Appropriations Act for basic supervision as sufficient
150-26 to provide basic supervision in each year of the fiscal biennium>.
150-27 SECTION 3.016. Section 11(b), Article 42.13, Code of
151-1 Criminal Procedure, is amended to read as follows:
151-2 (b) The board shall provide for notice and a hearing in
151-3 cases in which the division proposes to take an action authorized
151-4 by this section, other than a refusal by the division to provide
151-5 discretionary grant funding or a reduction by the division of
151-6 discretionary grant funding during a funding cycle. The division
151-7 shall define with specificity the conduct that constitutes
151-8 substantial noncompliance with division standards and shall
151-9 establish the procedures to be used in imposing or waiving a
151-10 sanction authorized by this section, subject to approval of the
151-11 definition and the procedures by adoption by the board.
151-12 SECTION 3.017. Section 12, Article 42.131, Code of Criminal
151-13 Procedure, as amended by Chapter 988, Acts of the 73rd Legislature,
151-14 Regular Session, 1993, is amended to read as follows:
151-15 Sec. 12. Restitution. (a) If a judge requires a defendant
151-16 to make restitution to a victim of the defendant's offense, and a
151-17 payment is received under this article from the defendant for
151-18 transmittal to a victim of the offense, the community supervision
151-19 and corrections department that receives the payment for
151-20 disbursement to the victim shall immediately deposit the payment in
151-21 an interest-bearing account in the county treasury as required by
151-22 Section 140.003(f), Local Government Code <department having
151-23 original jurisdiction>. The department shall transmit the payment
151-24 to the victim as soon as practicable.
151-25 (b) If a victim cannot be located for receipt of<,
151-26 immediately after receiving> a <final> payment in satisfaction of
151-27 an order of restitution, <for the victim> the department shall
152-1 attempt to notify the victim of that fact by certified mail, mailed
152-2 to the last known address of the victim. If a victim then makes a
152-3 claim for payment, the department promptly shall remit the payment
152-4 to the victim. A department is obligated to make a good faith
152-5 effort to locate and notify a victim that an unclaimed payment
152-6 exists. The department satisfies the good faith requirement under
152-7 this subsection by sending to the victim by certified mail on any
152-8 one occasion during the period the defendant is required to make
152-9 payments a notice that the victim is entitled to an unclaimed
152-10 payment. Not earlier than the fifth anniversary of the date on
152-11 which the department mails notice under this subsection, if the
152-12 victim has not made a claim for payment, the department shall
152-13 transfer the payment from the interest-bearing account to the
152-14 comptroller of public accounts, after deducting five percent of the
152-15 payment as a collection fee and deducting any interest accrued on
152-16 the payment. The comptroller shall deposit the payment in the
152-17 state treasury to the credit of the compensation to victims of
152-18 crime auxiliary fund.
152-19 (c) The collection fee under Subsection (b) of this section
152-20 and the accrued interest under Subsections (a) and (b) of this
152-21 section shall be deposited in the special fund of the county
152-22 treasury provided by Section 10, Article 42.13, of this code to be
152-23 used for the same purposes for which state aid may be used under
152-24 that section. The department has a maximum of 121 days after the
152-25 five-year <four-year> expiration date to transfer the funds to the
152-26 comptroller's office. Failure to comply with the 121-day deadline
152-27 will result in a five percent collection fee penalty calculated
153-1 from the total deposit and all interest attributable to the
153-2 unclaimed funds.
153-3 (d) If the victim of the offense claims the payment during
153-4 the five-year <four-year> period in which the payment is held in
153-5 the interest-bearing account, the department shall pay the victim
153-6 the amount of the original payment, less any interest earned while
153-7 holding the payment. After the payment has been transferred to the
153-8 comptroller, the department has no liability in regard to the
153-9 payment, and any claim for the payment must be made to the
153-10 comptroller. If the victim makes a claim to the comptroller, the
153-11 comptroller shall pay the victim the amount of the original
153-12 payment, less the collection fee, from the compensation to victims
153-13 of crime auxiliary fund.
153-14 SECTION 3.018. Article 43.10, Code of Criminal Procedure, as
153-15 amended by Section 3, Chapter 578, and Section 5.04, Chapter 900,
153-16 Acts of 73rd Legislature, Regular Session, 1993, is amended and
153-17 reenacted to read as follows:
153-18 Art. 43.10. Manual labor. <(a)> Where the punishment
153-19 assessed in a conviction for misdemeanor is confinement in jail for
153-20 more than one day, or where in such conviction the punishment is
153-21 assessed only at a pecuniary fine and the party so convicted is
153-22 unable to pay the fine and costs adjudged against him, <or where
153-23 the party convicted is required to serve a period of confinement as
153-24 a condition of community supervision,> or where the party is
153-25 sentenced to jail for a felony or is confined in jail after
153-26 conviction of a felony, the party convicted <or required to serve
153-27 the period of confinement> shall be required to work in the county
154-1 jail industries program or shall be required to do manual labor in
154-2 accordance with the provisions of this article under the following
154-3 rules and regulations:
154-4 1. Each commissioners court may provide for the
154-5 erection of a workhouse and the establishment of a county farm in
154-6 connection therewith for the purpose of utilizing the labor of said
154-7 parties so convicted <or required to serve a period of
154-8 confinement>;
154-9 2. Such farms and workhouses shall be under the
154-10 control and management of the sheriff, and the sheriff may adopt
154-11 such rules and regulations not inconsistent with the rules and
154-12 regulations of the Commission on Jail Standards and with the laws
154-13 as the sheriff deems necessary;
154-14 3. Such overseers and guards may be employed by the
154-15 sheriff under the authority of the commissioners court as may be
154-16 necessary to prevent escapes and to enforce such labor, and they
154-17 shall be paid out of the county treasury such compensation as the
154-18 commissioners court may prescribe;
154-19 4. They shall be put to labor upon public works and
154-20 maintenance projects, including public works and maintenance
154-21 projects for a political subdivision located in whole or in part in
154-22 the county;
154-23 5. One who from age, disease, or other physical or
154-24 mental disability is unable to do manual labor shall not be
154-25 required to work. His inability to do manual labor may be
154-26 determined by a physician appointed for that purpose by the county
154-27 judge or the commissioners court, who shall be paid for such
155-1 service such compensation as said court may allow; and
155-2 6. For each day of manual labor, in addition to any
155-3 other credits allowed by law, a defendant is entitled to have one
155-4 day deducted from each sentence <or period of confinement> he is
155-5 serving. The deduction authorized by this article, when combined
155-6 with the deduction required by Article 42.10 of this code, may not
155-7 exceed two-thirds (2/3) of the sentence <or period of confinement>.
155-8 <(b) A sheriff, employee of a sheriff's department, county
155-9 commissioner, county employee, county judge, and employee of a
155-10 community corrections and supervision department, restitution
155-11 center, or officer or employee of a political subdivision other
155-12 than a county is not liable for damages arising from an act or
155-13 failure to act in connection with manual labor performed by an
155-14 inmate pursuant to this article if the act or failure to act:>
155-15 <(1) was performed pursuant to court-ordered
155-16 confinement; and>
155-17 <(2) was not intentional, wilfully or wantonly
155-18 negligent, or performed with conscious indifference or reckless
155-19 disregard for the safety of others.>
155-20 SECTION 3.019. Section 217.001, Labor Code, is amended by
155-21 adding Subdivision (4) to read as follows:
155-22 (4) "State jail division" means the state jail
155-23 division of the department.
155-24 SECTION 3.020. Section 217.002, Labor Code, is amended to
155-25 read as follows:
155-26 Sec. 217.002. Project Rio. The project for reintegration of
155-27 offenders is a statewide employment referral program designed to
156-1 reintegrate into the labor force persons formerly confined in a
156-2 state jail felony facility or in the institutional division.
156-3 SECTION 3.021. Section 217.005(a), Labor Code, is amended to
156-4 read as follows:
156-5 (a) The memorandum of understanding must establish the role
156-6 of:
156-7 (1) the institutional division and the state jail
156-8 division in ascertaining and encouraging an inmate's chances for
156-9 employment by:
156-10 (A) providing vocational and educational
156-11 assessment for the person while incarcerated <in the division>;
156-12 (B) developing a skills enhancement program for
156-13 the person while incarcerated, in cooperation with other
156-14 governmental, educational, and private entities, using available
156-15 public or private financial resources authorized by statute; and
156-16 (C) referring the person on release to the
156-17 project through the person's parole officer or supervision officer;
156-18 (2) the community justice assistance division and the
156-19 pardons and paroles division of the department in:
156-20 (A) encouraging and referring persons to the
156-21 project; and
156-22 (B) ensuring that those persons participate in
156-23 the project and avail themselves of its services; and
156-24 (3) the commission in developing and maintaining a
156-25 statewide network for finding positions of employment that require
156-26 the skills possessed by project participants and in helping those
156-27 participants to secure employment.
157-1 SECTION 3.022. Section 414.010, Government Code, is amended
157-2 to read as follows:
157-3 Sec. 414.010. Payment from Defendant on Community
157-4 Supervision <Probationer>. A local crime stoppers program that
157-5 receives a payment from a defendant <probationer> under Section
157-6 11(a) <6(h)>, Article 42.12, Code of Criminal Procedure, may not
157-7 use the payment for any purpose other than the payment of a reward
157-8 to a person who reports information concerning criminal activity.
157-9 Not later than January 15 of each year, a local crime stoppers
157-10 program that receives or expends money under this section shall
157-11 file a detailed report with the Texas Department of Criminal
157-12 Justice <Adult Probation Commission> that accounts for all money
157-13 received and expended under this section during the preceding year.
157-14 SECTION 3.023. (a) Section 2.09(c), Article 42.121, Code of
157-15 Criminal Procedure, is repealed.
157-16 (b) Section 3.111, Article 42.121, Code of Criminal
157-17 Procedure, is repealed.
157-18 SECTION 3.024. This article takes effect September 1, 1995.
157-19 ARTICLE 4
157-20 SECTION 4.001. The importance of this legislation and the
157-21 crowded condition of the calendars in both houses create an
157-22 emergency and an imperative public necessity that the
157-23 constitutional rule requiring bills to be read on three several
157-24 days in each house be suspended, and this rule is hereby suspended,
157-25 and that this Act take effect and be in force according to its
157-26 terms, and it is so enacted.