1-1 By: Hightower (Senate Sponsor - Whitmire) H.B. No. 2162
1-2 (In the Senate - Received from the House April 27, 1995;
1-3 May 1, 1995, read first time and referred to Committee on Criminal
1-4 Justice; May 10, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; May 10, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2162 By: Whitmire
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the efficient administration of the criminal justice
1-11 system.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 ARTICLE 1
1-14 SECTION 1.001. Section 493.001, Government Code, is amended
1-15 to read as follows:
1-16 Sec. 493.001. DEPARTMENT MISSION <RESPONSIBILITIES>. The
1-17 mission of the department is to provide public safety, promote
1-18 positive change in offender behavior, and reintegrate offenders
1-19 into society <the state agency with primary responsibility for:>
1-20 <(1) the confinement, supervision, and rehabilitation
1-21 of felons;>
1-22 <(2) the development of a system of state and local
1-23 punishment, supervision, and rehabilitation programs and
1-24 facilities; and>
1-25 <(3) the reintegration of felons into society after
1-26 release from confinement>.
1-27 SECTION 1.002. (a) Section 493.003(b), Government Code, is
1-28 amended to read as follows:
1-29 (b) The chief justice of the Supreme Court of Texas and the
1-30 presiding judge of the Texas Court of Criminal Appeals shall each
1-31 appoint six members to serve as the judicial advisory council to
1-32 the community justice assistance division and the board. The
1-33 advisory council members serve staggered six-year terms, with the
1-34 terms of four of the members expiring September <February> 1 of
1-35 each odd-numbered year. In the event of a vacancy during a term,
1-36 the appointing authority for the member who vacated the office
1-37 shall appoint a replacement to fill the unexpired portion of the
1-38 term. The advisory council shall advise the director of the
1-39 community justice assistance division and the board on matters of
1-40 interest to the judiciary, and the director and the board shall
1-41 carefully consider the advice. Members of the advisory council are
1-42 not entitled to compensation but are entitled to reimbursement for
1-43 actual and necessary expenses in the conduct of their duties, as
1-44 provided by the General Appropriations Act.
1-45 (b) Notwithstanding Section 2.03(b), Chapter 988, Acts of
1-46 the 73rd Legislature, Regular Session, 1993, the terms of the
1-47 initial appointees to the judicial advisory council to the
1-48 community justice assistance division of the Texas Department of
1-49 Criminal Justice and the Texas Board of Criminal Justice expire
1-50 September 1, 1995, September 1, 1997, and September 1, 1999,
1-51 respectively. On expiration of those terms, the term of a member
1-52 is six years, as provided by Section 493.003, Government Code.
1-53 SECTION 1.003. Chapter 493, Government Code, is amended by
1-54 adding Section 493.0081 to read as follows:
1-55 Sec. 493.0081. OFFICE OF INTERNAL AUDITS. (a) The board
1-56 shall create within the department an office of internal audits.
1-57 The board shall employ a chief of the office of internal audits
1-58 based on recommendations from the executive director regarding
1-59 qualified candidates for the position. The employment of the chief
1-60 of the office of internal audits may be terminated only with the
1-61 approval of the board.
1-62 (b) The office of internal audits shall:
1-63 (1) conduct recurring financial and management audits;
1-64 (2) conduct internal audits to evaluate department
1-65 programs and the economy and efficiency of those programs; and
1-66 (3) recommend improvements in management and programs
1-67 on the basis of evaluations made under this subsection.
1-68 (c) The chief of the office of internal audits shall send
2-1 reports, audits, evaluations, and recommendations to the executive
2-2 director. The chief shall report directly to the board at least
2-3 once a year on:
2-4 (1) the activities of the office; and
2-5 (2) the response of the department to recommendations
2-6 made by the office.
2-7 (d) The chief shall report directly to the board on other
2-8 matters at the times required by board policy.
2-9 SECTION 1.004. Sections 493.009(e) and (f), Government Code,
2-10 are amended to read as follows:
2-11 (e) The department shall employ or contract with <through
2-12 the Texas Commission on Alcohol and Drug Abuse with organizations
2-13 to provide> qualified professionals to implement the program for
2-14 persons required to participate in the program under Section 14,
2-15 Article 42.12, Code of Criminal Procedure. For purposes of this
2-16 subsection, a "qualified professional" is a person who:
2-17 (1) is a certified alcohol and drug abuse counselor;
2-18 (2) is a certified social worker or advanced clinical
2-19 practitioner and who has at least two years of experience in
2-20 chemical dependency counseling; or
2-21 (3) is a licensed professional counselor, physician,
2-22 or psychologist and who has at least two years of experience in
2-23 chemical dependency counseling.
2-24 (f)(1) The department shall adopt rules of conduct for
2-25 persons required to participate in the program under Section 14,
2-26 Article 42.12, Code of Criminal Procedure, or required to
2-27 participate in the program following modification of community
2-28 supervision <probation> or parole.
2-29 (2) If the qualified professional with primary
2-30 responsibility for treating a defendant and the individual in
2-31 charge of security in the facility in which the defendant is housed
2-32 jointly determine that the defendant is not complying with the
2-33 rules or is medically or psychologically unsuitable for the
2-34 program, they shall notify the department of that fact.
2-35 (3) The department, immediately on receiving notice,
2-36 shall request the sentencing court to reassume custody of the
2-37 defendant if the defendant was required to participate in the
2-38 program under Section 14, Article 42.12, Code of Criminal
2-39 Procedure, or required to participate in the program following
2-40 modification of community supervision <probation>. The court shall
2-41 reassume custody before the 12th day after the date on which the
2-42 department notifies the court. If the court revokes the
2-43 defendant's community supervision <probation>, the admission of the
2-44 defendant to the institutional division is an admission for which
2-45 the department must account in the scheduled admissions policy <the
2-46 county from which the defendant was sentenced is charged under the
2-47 allocation formula> established under Section 499.071.
2-48 (4) The department, immediately on receiving notice,
2-49 shall request the pardons and paroles division to reassume custody
2-50 of the defendant if the defendant was required to participate in
2-51 the program following modification of parole. The pardons and
2-52 paroles division shall immediately take action in accordance with
2-53 established policies and procedures of the Board of Pardons and
2-54 Paroles to remove the defendant from the program. If a parole
2-55 panel revokes the defendant's parole, the admission of the
2-56 defendant to the institutional division is an admission for which
2-57 the department must account in the scheduled admissions policy <the
2-58 county from which the defendant was sentenced is charged under the
2-59 allocation formula> established under Section 499.071.
2-60 (5) If the defendant was transferred to the facility
2-61 from a county jail under Subsection (l), the department shall
2-62 return the defendant to the county jail.
2-63 (6) A court's recommendation that a defendant be
2-64 placed in a program created under this section does not give the
2-65 court the power to hold the department or any officer or employee
2-66 of the department in contempt of court for failure to adhere to
2-67 that recommendation.
2-68 SECTION 1.005. Section 493.009, Government Code, is amended
2-69 by amending Subsections (c), (g), and (h) and by adding Subsection
2-70 (q) to read as follows:
3-1 (c) The program for persons required to participate in the
3-2 program under Section 14, Article 42.12, Code of Criminal
3-3 Procedure, must consist of treatment programs that may vary in time
3-4 from 90 days <six months> to 12 months. <The department shall also
3-5 establish and provide treatment programs for persons in categories
3-6 described by Subsections (g)(1)-(3) who are housed in beds
3-7 otherwise provided for persons required to participate in the
3-8 program under Section 14, Article 42.12, Code of Criminal
3-9 Procedure.>
3-10 (g) The department shall provide at least 5,200 <12,000>
3-11 beds for the purpose of operating the program for persons required
3-12 to participate in the program under Section 14, Article 42.12, Code
3-13 of Criminal Procedure, as amended by Chapter 900, Acts of the 73rd
3-14 Legislature, Regular Session, 1993, except that the beds may also
3-15 be used to house the following categories of persons:
3-16 (1) persons transferred under Subchapter A, Chapter
3-17 499, Government Code, and Section 8(i), Article 42.18, Code of
3-18 Criminal Procedure;
3-19 (2) persons whose community supervision <probation> or
3-20 parole has been modified; <and>
3-21 (3) defendants confined in county jails awaiting
3-22 transfer to the institutional division; and
3-23 (4) inmates participating in the program described by
3-24 Section 501.0931.
3-25 (h) On and after the date persons are required under Section
3-26 14, Article 42.12, Code of Criminal Procedure, to participate in
3-27 the program established under this section, the department shall
3-28 give priority to housing those persons over the categories of
3-29 persons described by Subsections (g)(1)-(4)<(3)>.
3-30 (q) The department not less often than every two years shall
3-31 determine whether the department should increase the number of beds
3-32 provided by the department for the operation of the program for
3-33 persons required to participate in the program under Section 14,
3-34 Article 42.12, Code of Criminal Procedure, as amended by Chapter
3-35 900, Acts of the 73rd Legislature, Regular Session, 1993.
3-36 SECTION 1.006. Sections 493.009(m) and (n), Government Code,
3-37 are amended to read as follows:
3-38 (m) Notwithstanding any other provision of this section, the
3-39 department is authorized to provide substance abuse felony
3-40 punishment facilities, not to exceed 500 beds, for newly provided
3-41 alcohol and drug abuse beds exclusively for persons whose community
3-42 supervision <probation> or parole has been modified.
3-43 (n) Except as otherwise provided by this subsection, the
3-44 <The> department shall separate participants in the program created
3-45 under this section from inmates of the institutional division,
3-46 except at times determined necessary by the department for the
3-47 purpose of transportation or staging or for medical or security
3-48 reasons. The department may commingle participants in the program
3-49 created under this section with inmates in the program described by
3-50 Section 501.0931.
3-51 SECTION 1.007. Section 493.010, Government Code, is amended
3-52 to read as follows:
3-53 Sec. 493.010. CONTRACTS FOR MISCELLANEOUS HOUSING. The
3-54 board, for the temporary or permanent housing of inmates, may enter
3-55 into leases or contract with:
3-56 (1) public or private jails <, subject to the
3-57 restrictions of Subchapter A, Chapter 495>; or
3-58 (2) operators of alternative housing facilities.
3-59 SECTION 1.008. Section 493.011, Government Code, is amended
3-60 to read as follows:
3-61 Sec. 493.011. Consultant Contracts for Prison Construction.
3-62 The board may not contract for construction-related consulting
3-63 services to the board with an individual or firm if that individual
3-64 or firm is also under contract with the department <institutional
3-65 division> to provide construction management services for prison
3-66 unit construction.
3-67 SECTION 1.009. Chapter 493, Government Code, is amended by
3-68 adding Section 493.015 to read as follows:
3-69 Sec. 493.015. ENFORCEMENT OFFICERS. The executive director
3-70 may appoint employees who are certified by the Commission on Law
4-1 Enforcement Officer Standards and Education as qualified to be
4-2 peace officers to serve under the direction of the executive
4-3 director and assist the executive director in performing the
4-4 enforcement duties of the department.
4-5 SECTION 1.010. Chapter 493, Government Code, is amended by
4-6 adding Section 493.016 to read as follows:
4-7 Sec. 493.016. INFORMATION OF PUBLIC INTEREST; COMPLAINTS.
4-8 (a) The department shall prepare information of public interest
4-9 describing the functions of the department and the procedures by
4-10 which complaints are filed with and resolved by the department.
4-11 The department shall make the information available to the general
4-12 public and appropriate state agencies.
4-13 (b) The department shall establish methods by which
4-14 interested persons are notified of the name, mailing address, and
4-15 telephone number of the department for the purpose of directing
4-16 complaints to the department.
4-17 (c) The department shall keep an information file about each
4-18 complaint filed with the department by a member of the general
4-19 public that relates to the operations of the department.
4-20 (d) If a written complaint is filed with the department by a
4-21 member of the general public that relates to the operations of the
4-22 department, the department, at least as frequently as quarterly and
4-23 until final disposition of the complaint, shall notify the
4-24 complainant of the status of the complaint unless the notice would
4-25 jeopardize an undercover investigation.
4-26 SECTION 1.011. Chapter 493, Government Code, is amended by
4-27 adding Section 493.017 to read as follows:
4-28 Sec. 493.017. SEAL OF DEPARTMENT. (a) The department shall
4-29 use an official seal to certify documents received by the
4-30 department under Sections 8(a) and (c), Article 42.09, Code of
4-31 Criminal Procedure.
4-32 (b) The official seal must contain an engraved, five-pointed
4-33 star in the center with the words "Texas Department of Criminal
4-34 Justice" around the margin.
4-35 SECTION 1.012. Section 494.001, Government Code, is amended
4-36 to read as follows:
4-37 Sec. 494.001. INSTITUTIONAL DIVISION MISSION. The mission
4-38 of the institutional division is to provide safe and appropriate
4-39 confinement, supervision, rehabilitation, and reintegration of
4-40 adult felons, and to effectively manage or administer correctional
4-41 facilities based on constitutional and statutory
4-42 standards <STATEMENT OF POLICY. It is the policy of this state to
4-43 manage the institutional division:>
4-44 <(1) in a manner consistent with the operation of a
4-45 modern prison system;>
4-46 <(2) in a manner that provides persons convicted of
4-47 violating the law and sentenced to the division with humane
4-48 treatment and with the opportunity, encouragement, and training
4-49 necessary for reformation; and>
4-50 <(3) with the intention of making the division
4-51 self-sustaining>.
4-52 SECTION 1.013. Section 494.002(a), Government Code, is
4-53 amended to read as follows:
4-54 (a) The director of the institutional division may adopt
4-55 policies <rules> governing the humane treatment, training,
4-56 education, rehabilitation, and discipline of inmates and may
4-57 arrange for the separation and classification of inmates according
4-58 to the inmates' sex, age, health, corrigibility, and type of
4-59 offense for which the inmate was sentenced to the institutional
4-60 division.
4-61 SECTION 1.014. Sections 494.003(a) and (b), Government Code,
4-62 are amended to read as follows:
4-63 (a) The department <director of the institutional division>
4-64 shall keep a correct and accurate account of each financial
4-65 transaction involving the institutional division, including the
4-66 receipt and disbursement of money by the division. The department
4-67 <director> shall keep an account of each institutional division
4-68 unit, industry, and farm, and for each person doing business with
4-69 the division.
4-70 (b) The director of the institutional division or a designee
5-1 of the director shall provide a receipt for all money received by
5-2 the institutional division.
5-3 SECTION 1.015. Section 494.012(a), Government Code, is
5-4 amended to read as follows:
5-5 (a) The <director of the> institutional division shall
5-6 evaluate the efficiency of the maintenance staff of each unit of
5-7 the division.
5-8 SECTION 1.016. Section 496.001, Government Code, is amended
5-9 to read as follows:
5-10 Sec. 496.001. Acquisition of Real Property. The board may
5-11 acquire real property through purchase, subject to specific
5-12 appropriative authority in the General Appropriations Act, or
5-13 through the acceptance of a gift, grant, or donation for a facility
5-14 <prison site>.
5-15 SECTION 1.017. Section 496.002(a), Government Code, is
5-16 amended to read as follows:
5-17 (a) The board has eminent domain authority to condemn and
5-18 acquire land if necessary to eliminate security hazards, protect
5-19 the life and property of citizens of this state, or improve the
5-20 efficiency, management, or operations of the department
5-21 <institutional division>.
5-22 SECTION 1.018. Subchapter A, Chapter 496, Government Code,
5-23 is amended by adding Section 496.0021 to read as follows:
5-24 Sec. 496.0021. SALE OF DEPARTMENT REAL PROPERTY. (a) The
5-25 board may sell state-owned real property under the board's
5-26 management and control at the real property's fair market value.
5-27 The General Land Office shall negotiate and close a transaction
5-28 under this section on behalf of the board using procedures under
5-29 Section 31.158(c), Natural Resources Code. Proceeds from the
5-30 transaction shall be deposited in the Texas capital trust fund.
5-31 (b) The board may authorize the sale of land directly to a
5-32 local government at fair market value without the requirement of a
5-33 sealed bid sale if the local government acquires the property for
5-34 use as a local correctional facility.
5-35 SECTION 1.019. Section 496.003, Government Code, is amended
5-36 to read as follows:
5-37 Sec. 496.003. LEASE OF <INSTITUTIONAL DIVISION> REAL
5-38 PROPERTY. (a) The board may lease state-owned real property under
5-39 the board's management and control at the real property's fair
5-40 market lease value. The initial period of a lease under this
5-41 section may not exceed 20 years. The lease may contain terms and
5-42 conditions determined by the board to be in the best interest of
5-43 the department <institutional division>. Neither a member of the
5-44 board nor a person related to a member within the second degree by
5-45 affinity or within the third degree by consanguinity, as determined
5-46 under Subchapter B, Chapter 573 <Article 5996h, Revised Statutes>,
5-47 may own an interest in an entity leasing real property under this
5-48 section.
5-49 (b) The department <institutional division> shall deposit in
5-50 the general revenue <special mineral> fund to the credit of a
5-51 special account <created by Section 34.017, Natural Resources
5-52 Code,> the proceeds of a lease entered into under this section,
5-53 after deducting expenses. The proceeds may be used only for the
5-54 payment of operating expenses of the department <are for the
5-55 exclusive use of the institutional division, as specified by
5-56 legislative appropriation>. Sections 403.094 and 403.095 do not
5-57 apply to the dedication of lease proceeds under this subsection.
5-58 (c) The department <board> shall notify taxing units
5-59 authorized to impose property taxes on land leased under this
5-60 section that the land has been leased. The department <board>
5-61 shall send a copy of the lease by first class mail, return receipt
5-62 requested, to each taxing unit in which the land is located. The
5-63 lessee is liable for property taxes imposed on land leased under
5-64 this section.
5-65 SECTION 1.020. Subchapter A, Chapter 496, Government Code,
5-66 is amended by adding Section 496.0031 to read as follows:
5-67 Sec. 496.0031. TRANSFER OF FACILITIES. (a) The department
5-68 may transfer a correctional facility to another agency of the
5-69 state, and the agency receiving the facility subsequently may
5-70 transfer the facility back to the department.
6-1 (b) A transfer under this section requires the agreement of
6-2 the board and the governing body of the agency receiving the
6-3 correctional facility or returning the correctional facility to the
6-4 department, both as to the identity of the facility to be
6-5 transferred and to the method of transfer.
6-6 (c) In this section, "transfer" means to convey title to,
6-7 lease, or otherwise convey the beneficial use of a correctional
6-8 facility and land appurtenant to the facility.
6-9 SECTION 1.021. Section 496.004, Government Code, is amended
6-10 to read as follows:
6-11 Sec. 496.004. Easements. (a) The board<, with the consent
6-12 of the attorney general and governor,> may grant or lease permanent
6-13 or temporary right-of-way easements on department land for:
6-14 (1) public highways, roads and streets, and ditches;
6-15 (2) electric lines and pipelines, including necessary
6-16 wires, pipes, poles, and other equipment used to transmit, convey,
6-17 or distribute water, electricity, gas, oil, or similar substances
6-18 or commodities;
6-19 (3) electrical substations; or
6-20 (4) the provision of utilities for the operation of
6-21 facilities of the department and roadways for access to facilities
6-22 of the department.
6-23 (b) The board may not grant or lease an easement unless the
6-24 board receives fair and adequate consideration. However, the board
6-25 may without consideration grant a state highway easement to the
6-26 State Department of Highways and Public Transportation, a roadway
6-27 easement to a county for connecting roads between state highways,
6-28 easements to utility providers for utilities to serve facilities of
6-29 the department, and roadway easements to a city or a county to
6-30 provide roadways for facilities of the department.
6-31 (c) A grant or lease must contain a full reservation of
6-32 minerals in and under the land. The board<, with the consent of the
6-33 attorney general and governor,> may impose other fair and
6-34 reasonable conditions, covenants, and provisions.
6-35 (d) The department <board> shall deposit money received from
6-36 a grant or lease of easements and money received from damages to
6-37 department land in the general revenue fund to the credit of a
6-38 special account <special mineral fund created by Section 34.017,
6-39 Natural Resources Code>. Money received under this section may be
6-40 used only for the payment of operating expenses of the department.
6-41 Sections 403.094 and 403.095 do not apply to the dedication of
6-42 money under this section.
6-43 SECTION 1.022. Section 496.005, Government Code, is amended
6-44 to read as follows:
6-45 Sec. 496.005. Tax Exemption. (a) Property associated with
6-46 a facility described by Subsection (b) is exempt from taxation
6-47 during the time the property is used exclusively for the purposes
6-48 of the department <institutional division>.
6-49 (b) This section applies to:
6-50 (1) land in Anderson County owned by the state for the
6-51 use and benefit of the institutional division that is subject to a
6-52 lease granted by the board and a sublease entered into by the
6-53 division and the <State Purchasing and> General Services
6-54 Commission, on which is located the correctional facility known as
6-55 the Mark W. Michael Unit of the Coffield Prison Farm; and
6-56 (2) a parcel of land in Anderson, Brazoria, Coryell,
6-57 Houston, Madison, or Walker County owned by the state for the use
6-58 and benefit of the institutional division that is subject to a
6-59 lease granted by the board and a sublease entered into by the
6-60 division and the <State Purchasing and> General Services
6-61 Commission, on which is located a trusty camp facility.
6-62 SECTION 1.023. Section 496.006, Government Code, is amended
6-63 to read as follows:
6-64 Sec. 496.006. Road Maintenance. (a) The department <board>
6-65 and the Texas Department of <State Highway and Public>
6-66 Transportation <Commission> may enter into and perform an agreement
6-67 or contract for the maintenance of a road in or adjacent to a
6-68 facility <unit> of the department <institutional division>.
6-69 (b) An agreement or contract entered into under this section
6-70 and payments made under the agreement or contract must conform with
7-1 the provisions of Chapter 771 <The Interagency Cooperation Act
7-2 (Article 4413(32), Vernon's Texas Civil Statutes)>.
7-3 SECTION 1.024. Section 496.007, Government Code, is amended
7-4 to read as follows:
7-5 Sec. 496.007. LOCATION OF NEW FACILITIES <UNITS>. <(a)> In
7-6 determining the location of a facility <unit> to be built, the
7-7 department <institutional division>, in evaluating the advantages
7-8 and disadvantages of the proposed location, shall consider whether
7-9 the proposed location is:
7-10 (1) close enough to a county with 100,000 or more
7-11 inhabitants to provide <enable the division and inmates to have>
7-12 access to services and other resources provided in such a county;
7-13 (2) cost-effective with respect to its proximity to
7-14 other facilities of <units in> the department <division>;
7-15 (3) close to an area that would facilitate release of
7-16 inmates or persons confined in state jail felony facilities to
7-17 their area of residence; and
7-18 (4) close to an area that provides adequate
7-19 educational opportunities and medical care.
7-20 <(b) The Criminal Justice Coordinating Council at least once
7-21 a year shall provide the institutional division with a list,
7-22 according to the best information available to the council, of
7-23 counties in this state with 100,000 or more inhabitants.>
7-24 SECTION 1.025. Sections 496.051(a) and (b), Government Code,
7-25 are amended to read as follows:
7-26 (a) The department <institutional division> shall comply
7-27 with any special purchasing procedures requiring competitive review
7-28 under the State Purchasing and General Services Act (Article 601b,
7-29 Vernon's Texas Civil Statutes).
7-30 (b) The board may authorize the executive director to adopt
7-31 policies <rules> allowing the institutional division to purchase
7-32 directly or at public auction livestock, agricultural commodities,
7-33 agricultural or industrial equipment, supplies, and raw materials
7-34 for agricultural or industrial production, breeding, consumption,
7-35 or resale, if the division determines that the purchase is
7-36 economically feasible and advantageous to the division. The State
7-37 Purchasing and General Services Act (Article 601b, Vernon's Texas
7-38 Civil Statutes) does not apply to purchases made under this
7-39 subsection. The institutional division shall notify the <State
7-40 Purchasing and> General Services Commission as soon as practicable
7-41 of a purchase made under this subsection and the purchase price.
7-42 SECTION 1.026. Section 496.0515, Government Code, is amended
7-43 to read as follows:
7-44 Sec. 496.0515. Hazardous Waste Management Contracts.
7-45 (a) The competitive bidding contract procedures established by
7-46 Article 3, State Purchasing and General Services Act (Article 601b,
7-47 Vernon's Texas Civil Statutes), do not apply to a contract awarded
7-48 by the department <institutional division> for:
7-49 (1) testing a solid waste or other substance to
7-50 determine whether the waste or other substance is a hazardous
7-51 waste; or
7-52 (2) the transport, storage, treatment, or disposal of
7-53 a hazardous waste.
7-54 (b) The department <institutional division> shall promulgate
7-55 procedures for the purpose of purchasing under Subsection (a). The
7-56 department <division> shall file copies of the procedures
7-57 promulgated under this subsection with the <State Purchasing and>
7-58 General Services Commission.
7-59 SECTION 1.027. Section 496.052(a), Government Code, is
7-60 amended to read as follows:
7-61 (a) The board may purchase insurance to protect the
7-62 department <institutional division> from loss due to the damage,
7-63 loss, theft, or destruction of department <division> aircraft.
7-64 SECTION 1.028. Section 496.101(a), Government Code, is
7-65 amended to read as follows:
7-66 (a) As funds are appropriated for that purpose, the
7-67 department shall establish for each facility <unit> of the
7-68 department <institutional division> an automated inventory and
7-69 maintenance system that interacts with the centralized computer
7-70 system of the department.
8-1 SECTION 1.029. Section 497.001, Government Code, is amended
8-2 to read as follows:
8-3 Sec. 497.001. Prison Industries Office. The prison
8-4 industries office is an office in the department <institutional
8-5 division. The office is under the control of the director of the
8-6 institutional division>.
8-7 SECTION 1.030. Section 497.002(b), Government Code, is
8-8 amended to read as follows:
8-9 (b) To implement the purposes of the office, the department
8-10 <director of the institutional division> may establish and operate
8-11 a prison industries program at each correctional facility that the
8-12 department <director> considers suitable for such a program.
8-13 SECTION 1.031. Section 497.004, Government Code, is amended
8-14 to read as follows:
8-15 Sec. 497.004. Inmate Labor, Pay. (a) The department
8-16 <director -of the institutional division> shall use inmate labor in
8-17 the prison industries program to the greatest extent feasible and
8-18 shall develop and expand the prison industries program by pursuing
8-19 arrangements with business for the use of inmate labor.
8-20 (b) The board may develop and administer an incentive pay
8-21 scale for inmates <confined in the institutional division> who
8-22 participate in the prison industries program. The program may be
8-23 financed through contributions donated for this purpose by private
8-24 businesses contracting with the department <institutional
8-25 division>. The department <institutional division> shall apportion
8-26 pay earned by an inmate under this subchapter to the following
8-27 persons and entities, in amounts determined at the discretion of
8-28 the department <division>:
8-29 (1) persons to whom the inmate has been ordered by a
8-30 court to pay restitution;
8-31 (2) the inmate's family and dependents;
8-32 (3) the state, as reimbursement for the cost of the
8-33 inmate's confinement;
8-34 (4) the compensation to victims of crime fund, created
8-35 by Article 56.54, Code of Criminal Procedure <Section 14, Crime
8-36 Victims Compensation Act (Article 8309-1, Vernon's Texas Civil
8-37 Statutes)>; and
8-38 (5) the inmate's trust fund.
8-39 SECTION 1.032. Section 497.005, Government Code, is amended
8-40 to read as follows:
8-41 Sec. 497.005. Proceeds From Prison Industries. Proceeds
8-42 received from the operation of a prison industries program shall be
8-43 deposited in the industrial revolving fund. The proceeds may be
8-44 used by the department <institutional division> for the
8-45 administration of this subchapter.
8-46 SECTION 1.033. Section 497.006, Government Code, is amended
8-47 to read as follows:
8-48 Sec. 497.006. Contracts. To encourage the development and
8-49 expansion of the prison industries program, the prison industries
8-50 office may enter into necessary contracts related to the prison
8-51 industries program. With the approval of the board, the office may
8-52 enter into a contract with a private business to conduct a program
8-53 on or off property operated by the department <institutional
8-54 division>.
8-55 SECTION 1.034. Section 497.008, Government Code, is amended
8-56 to read as follows:
8-57 Sec. 497.008. Lease of Land. To further the expansion and
8-58 development of the prison industries program, the department
8-59 <institutional division> may lease prison land to a private
8-60 business. A lease under this section may not exceed a term of 50
8-61 years. The business must lease the land at fair market value and
8-62 may construct or convert plant facilities on the land.
8-63 SECTION 1.035. Section 497.009, Government Code, is amended
8-64 to read as follows:
8-65 Sec. 497.009. Certification for Franchise Tax Credit. The
8-66 department <institutional division> or the prison industries office
8-67 on behalf of the department <institutional division> shall prepare
8-68 and issue a certification that a corporation requires to establish
8-69 eligibility for the franchise tax credit for wages paid to inmates
8-70 or employees who were inmates under Subchapter L, Chapter 171, Tax
9-1 Code.
9-2 SECTION 1.036. Section 497.010, Government Code, is amended
9-3 to read as follows:
9-4 Sec. 497.010. Compliance. The prison industries office may
9-5 enter into a contract with a private business under Section 497.006
9-6 only if the contract specifies that the prison industries office
9-7 and the private business will comply with the Private Sector/Prison
9-8 Industry Enhancement Certification Program operated by the Bureau
9-9 of Justice Assistance and authorized by 18 U.S.C. Section 1761 <42
9-10 U.S.C. Section 3701 et seq>.
9-11 SECTION 1.037. Section 497.034(c), Government Code, is
9-12 amended to read as follows:
9-13 (c) The institutional division may use surplus agricultural
9-14 lands to provide agricultural products to a nonprofit organization
9-15 at no profit to the division <Article 9, State Purchasing and
9-16 General Services Act (Article 601b, Vernon's Texas Civil Statutes),
9-17 applies to property described by Subsection (a)>.
9-18 SECTION 1.038. Section 497.035(a), Government Code, is
9-19 amended to read as follows:
9-20 (a) A person commits an offense if the person intentionally
9-21 sells or offers to sell on the open market in this state an article
9-22 or product the person knows was manufactured in whole or in part by
9-23 an inmate of the institutional division or an inmate in a
9-24 correctional facility in any other state, other than an inmate:
9-25 (1) who was on community supervision, <probation or>
9-26 parole, or mandatory supervision;
9-27 (2) <or> employed by an enterprise who has employed
9-28 the inmate to advantage themselves of the Franchise Tax Credit
9-29 offered under Subchapter L, Chapter 171, Tax Code, at the time of
9-30 manufacture; or
9-31 (3) participating in a federally certified prison
9-32 industry enhancement program.
9-33 SECTION 1.039. Section 497.081(a), Government Code, is
9-34 amended to read as follows:
9-35 (a) For the purposes of this subchapter, only the
9-36 institutional division may appoint an inmate to serve as a trusty,
9-37 under policies <rules> adopted by the director of the institutional
9-38 division.
9-39 SECTION 1.040. Subchapter D, Chapter 497, Government Code,
9-40 is amended by adding Section 497.090 to read as follows:
9-41 Sec. 497.090. WORK REQUIRED. The department shall require
9-42 each inmate to work, to the extent that the inmate is physically
9-43 capable of working.
9-44 SECTION 1.041. Section 497.091, Government Code, is amended
9-45 to read as follows:
9-46 Sec. 497.091. Contracts for Inmate Labor. (a) In this
9-47 section:
9-48 (1) "Agency" has the meaning assigned that term by
9-49 Section 771.002 <2, The Interagency Cooperation Act (Article
9-50 4413(32), Vernon's Texas Civil Statutes)>.
9-51 (2) "Local government" has the meaning assigned that
9-52 term by Section 791.003 <3, The Interlocal Cooperation Act (Article
9-53 4413(32c), Vernon's Texas Civil Statutes)>.
9-54 (b) The department <institutional division> shall seek
9-55 contracts with agencies and local governments to provide inmate
9-56 labor to those agencies and governments.
9-57 (c) The department <institutional division> may not enter
9-58 into a contract with an agency under this section unless the
9-59 contract complies with Chapter 771 <The Interagency Cooperation Act
9-60 (Article 4413(32), Vernon's Texas Civil Statutes)> and may not
9-61 enter into a contract with a local government under this section
9-62 unless the contract complies with Chapter 791 <The Interlocal
9-63 Cooperation Act (Article 4413(32c), Vernon's Texas Civil
9-64 Statutes)>. A contract entered into under this section may provide
9-65 that the department <institutional division> be reimbursed for
9-66 expenses incurred by the division in providing inmate labor to the
9-67 agency or local government.
9-68 SECTION 1.042. Section 497.092(b), Government Code, is
9-69 amended to read as follows:
9-70 (b) An agreement or contract entered into under this section
10-1 and payments made under the agreement or contract must conform with
10-2 Chapter 771 <The Interagency Cooperation Act (Article 4413(32),
10-3 Vernon's Texas Civil Statutes)>.
10-4 SECTION 1.043. Section 497.094, Government Code, is amended
10-5 to read as follows:
10-6 Sec. 497.094. Job Training Programs. The department
10-7 <institutional division and the pardons and paroles division by
10-8 rule> shall <adopt a memorandum of understanding that establishes
10-9 the respective responsibility of the institutional division to>
10-10 implement job training programs for inmates confined in facilities
10-11 operated by the department and <of the pardons and paroles division
10-12 to> monitor the success of those programs. The department shall
10-13 collect <memorandum must establish a method by which the pardons
10-14 and paroles division provides the institutional division with>
10-15 information relating to the employment histories of inmates
10-16 released from the institutional division on parole and mandatory
10-17 supervision. <The institutional division shall coordinate the
10-18 development of the memorandum of understanding.>
10-19 SECTION 1.044. Section 497.096, Government Code, is amended
10-20 to read as follows:
10-21 Sec. 497.096. Liability Protections. An employee of the
10-22 Texas Department of Criminal Justice, sheriff, employee of a
10-23 sheriff's department, county commissioner, county employee, county
10-24 judge, employee of a community corrections and supervision
10-25 department, restitution center, or officer or employee of a
10-26 political subdivision other than a county is not liable for damages
10-27 arising from an act or failure to act in connection with community
10-28 service performed by an inmate imprisoned in a facility operated by
10-29 the department <pursuant to court order> or in connection with an
10-30 inmate or offender programmatic or nonprogrammatic activity,
10-31 including work, community service, educational, and treatment
10-32 activities, if the act or failure to act was not intentional,
10-33 wilfully or wantonly negligent, or performed with conscious
10-34 indifference or reckless disregard for the safety of others.
10-35 SECTION 1.045. Subchapter E, Chapter 497, Government Code,
10-36 is amended by adding Section 497.097 to read as follows:
10-37 Sec. 497.097. USE OF STATE JAIL FELONS. The department may
10-38 use the labor of defendants confined in a state jail felony
10-39 facility in any work or community service program or project
10-40 performed by the institutional division.
10-41 SECTION 1.046. Section 498.001(1), Government Code, is
10-42 amended to read as follows:
10-43 (1) "Inmate" means a person imprisoned <confined> by
10-44 order of a court <in the institutional division>, whether the
10-45 person is actually imprisoned <confined> in a facility operated by
10-46 or under contract with the institutional division <the institution>
10-47 or is under the supervision or custody of the pardons and paroles
10-48 division.
10-49 SECTION 1.047. Section 498.002, Government Code, is amended
10-50 to read as follows:
10-51 Sec. 498.002. Classification and Reclassification. The
10-52 department <institutional division> shall classify each inmate as
10-53 soon as practicable on the inmate's arrival at the institutional
10-54 division or a transfer facility and, subject to the requirements of
10-55 Section 498.005, shall reclassify the inmate as circumstances
10-56 warrant. Each inmate must be classified according to the inmate's
10-57 conduct, obedience, industry, and criminal history. The department
10-58 <director of the institutional division> shall maintain a record on
10-59 each inmate showing each classification and reclassification of the
10-60 inmate with the date and reason for each classification or
10-61 reclassification. The department <institutional division> may
10-62 classify each inmate on the inmate's arrival at the institutional
10-63 division or a transfer facility in a time-earning category that
10-64 does not allow the inmate to earn more than 30 days' good conduct
10-65 time for each 30 days actually served.
10-66 SECTION 1.048. Section 498.003, Government Code, is amended
10-67 to read as follows:
10-68 Sec. 498.003. Accrual of Good Conduct Time. (a) Good
10-69 conduct time applies only to eligibility for parole or mandatory
10-70 supervision as provided by Section 8, Article 42.18, Code of
11-1 Criminal Procedure, and does not otherwise affect an inmate's term.
11-2 Good conduct time is a privilege and not a right. Regardless of
11-3 the classification of an inmate, the department <director of the
11-4 institutional division> may grant good conduct time to the inmate
11-5 only if the department <director> finds that the inmate is actively
11-6 engaged in an agricultural, vocational, or educational endeavor or
11-7 in an industrial program or other work program, unless the
11-8 department <director> finds that the inmate is not capable of
11-9 participating in such an endeavor.
11-10 (b) An inmate accrues good conduct time according to the
11-11 inmate's classification in amounts as follows:
11-12 (1) 20 days for each 30 days actually served while the
11-13 inmate is classified as a trusty, except that the department
11-14 <director of the institutional division> may award the inmate not
11-15 more than 10 extra days for each 30 days actually served;
11-16 (2) 20 days for each 30 days actually served while the
11-17 inmate is classified as a Class I inmate; and
11-18 (3) 10 days for each 30 days actually served while the
11-19 inmate is classified as a Class II inmate.
11-20 (c) An inmate may not accrue good conduct time during any
11-21 period the inmate is classified as a Class III inmate or is on
11-22 parole or under mandatory supervision.
11-23 (d) An inmate may accrue good conduct time, in an amount
11-24 determined by the department <director of the institutional
11-25 division> that does not exceed 15 days for each 30 days actually
11-26 served, for diligent participation in an industrial program or
11-27 other work program or for participation in an agricultural,
11-28 educational, or vocational program provided to inmates by the
11-29 department <institutional division>. For the purposes of this
11-30 subsection, the term "participation in an educational program"
11-31 includes the participation of the inmate as a tutor or a pupil in a
11-32 literacy program authorized by Section 501.005. The department
11-33 <institutional division> may not award good conduct time under this
11-34 subsection for participation in a literacy program unless the
11-35 department <division> determines that the inmate participated in
11-36 good faith and with diligence as a tutor or pupil.
11-37 (e) If a person is confined in a county jail <or a transfer
11-38 facility operated by the institutional division is transferred to
11-39 any other facility of the institutional division for confinement
11-40 purposes>, the department <director of the institutional division>
11-41 shall award good conduct time to the person up to an amount equal
11-42 to the amount earned by an inmate in the entry level time earning
11-43 class <that which the person could have accrued during the period
11-44 of confinement in the county jail or transfer facility if instead
11-45 the person had been imprisoned in the division during that period>.
11-46 The department <director of the institutional division> shall award
11-47 good conduct time to a defendant for diligent participation in a
11-48 voluntary work program operated by a sheriff under Article 43.101,
11-49 Code of Criminal Procedure, in the same manner as if the inmate had
11-50 diligently participated in an industrial program or other work
11-51 program provided to inmates by the department <institutional
11-52 division>. The sheriff of each county shall have attached a
11-53 certification of the number of days each inmate diligently
11-54 participated in the volunteer work program operated by the sheriff
11-55 under Article 43.101, Code of Criminal Procedure.
11-56 SECTION 1.049. Section 498.004, Government Code, is amended
11-57 to read as follows:
11-58 Sec. 498.004. Forfeiture and Restoration of Good Conduct
11-59 Time. (a) If, during the actual term of imprisonment of an inmate
11-60 in the institutional division or in a transfer facility, the inmate
11-61 commits an offense or violates a rule of the division, the
11-62 department <director of the institutional division> may forfeit all
11-63 or any part of the inmate's accrued good conduct time. The
11-64 department <director of the institutional division> may restore
11-65 good conduct time forfeited under this subsection subject to
11-66 policies established <rules adopted> by the institutional division.
11-67 (b) On the revocation of parole or mandatory supervision of
11-68 an inmate, the inmate forfeits all good conduct time previously
11-69 accrued. On return to the institutional division the inmate may
11-70 accrue new good conduct time for subsequent time served in the
12-1 division. The department <director of the institutional division>
12-2 may restore good conduct time forfeited on a revocation that does
12-3 not involve a new criminal conviction after the inmate has served
12-4 at least three months of good behavior in the institutional
12-5 division, subject to policies established <rules adopted> by the
12-6 division. <Not later than the 60th day after the date an inmate is
12-7 returned to the institutional division following a revocation of
12-8 parole or mandatory supervision, the pardons and paroles division
12-9 shall notify the director of the institutional division of the
12-10 grounds for revocation.>
12-11 SECTION 1.050. Section 498.005, Government Code, is amended
12-12 to read as follows:
12-13 Sec. 498.005. Annual Review of Classification; Restoration
12-14 of Good Time; Retroactive Award of Good Time. At least annually,
12-15 the board shall review the institutional division's policies
12-16 <rules> relating to restoration of good conduct time that has been
12-17 forfeited, the manner in which inmates are classified and
12-18 reclassified, and the manner in which additional good conduct time
12-19 is awarded retroactively to inmates who have been reclassified.
12-20 <The board shall consider in its review whether the inmate
12-21 overcrowding in the institutional division has decreased and
12-22 whether it is necessary for purposes of decreasing overcrowding to
12-23 classify inmates according to Section 498.002 to restore good
12-24 conduct time under Section 498.004, or to award additional good
12-25 conduct time retroactively to inmates who have been reclassified.
12-26 If the board determines that overcrowding has decreased and it is
12-27 not necessary to restore good conduct time or award additional good
12-28 conduct time, it shall direct the institutional division to
12-29 discontinue those practices.>
12-30 SECTION 1.051. Sections 499.001(1) and (3), Government Code,
12-31 are amended to read as follows:
12-32 (1) "Community residential facility" means a facility
12-33 <halfway house certified by and> under contract with the department
12-34 <pardons and paroles division> under Section 8(i), Article 42.18,
12-35 Code of Criminal Procedure, or another facility or residence
12-36 approved by the department <pardons and paroles division>.
12-37 (3) "Pre-parolee" means an eligible inmate of whom the
12-38 pardons and paroles division has assumed custody.
12-39 SECTION 1.052. Sections 499.002(a) and (b), Government Code,
12-40 are amended to read as follows:
12-41 (a) The pardons and paroles division may assume custody of
12-42 an eligible inmate not more than one year <180 days> before the
12-43 inmate's presumptive parole date or mandatory supervision release
12-44 date. The eligible inmate becomes a pre-parolee on the date the
12-45 pardons and paroles division assumes custody, and the pardons and
12-46 paroles division immediately shall transfer the pre-parolee to a
12-47 community residential facility. Except as otherwise provided by
12-48 this subchapter, the pre-parolee may serve the remainder of the
12-49 pre-parolee's sentence before release on parole in the facility
12-50 designated by the pardons and paroles division.
12-51 (b) At the time of the transfer of the pre-parolee, the
12-52 pardons and paroles division shall designate a community
12-53 residential facility as the pre-parolee's assigned unit of
12-54 confinement.
12-55 SECTION 1.053. Section 499.0021, Government Code, is amended
12-56 to read as follows:
12-57 Sec. 499.0021. Transfer of revoked DEFENDANTS
12-58 <PROBATIONERS>. (a) An inmate is eligible for transfer under this
12-59 section if the inmate is confined in the institutional division or
12-60 a county jail following revocation of community supervision
12-61 <probation> on grounds other than the commission of a subsequent
12-62 felony offense.
12-63 (b) The pardons and paroles division may assume custody of
12-64 an inmate who is eligible for transfer under this section not
12-65 earlier than one year before the inmate's presumptive parole date.
12-66 The inmate becomes a pre-parolee on the date the pardons and
12-67 paroles division assumes custody, and the pardons and paroles
12-68 division immediately shall transfer the pre-parolee to a facility
12-69 under contract with the department <division>, which may be a
12-70 community residential facility, a community corrections facility
13-1 listed in Section 1(b), Article 42.13, Code of Criminal Procedure,
13-2 or a county correctional facility. A pre-parolee transferred under
13-3 this section is considered to be in the actual physical custody of
13-4 the pardons and paroles division.
13-5 (c) A pre-parolee transferred by the pardons and paroles
13-6 division to a facility under this section is subject to the
13-7 provisions of Sections 499.002(c), 499.004, and 499.005 in the same
13-8 manner as if the person were a pre-parolee who had been transferred
13-9 to a community residential facility under Section 499.002.
13-10 SECTION 1.054. Section 499.003, Government Code, is amended
13-11 to read as follows:
13-12 Sec. 499.003. Transfer From Jail or Other Correctional
13-13 Facility. (a) A person is eligible for transfer under this
13-14 section from a jail or correctional institution to a secure
13-15 community residential facility if:
13-16 (1) the person has been sentenced to a term of
13-17 confinement in the institutional division;
13-18 (2) the person has not been delivered to the custody
13-19 of the institutional division, but rather is confined in a jail in
13-20 this state, a federal correctional institution, or a jail or
13-21 correctional institution in another state; and
13-22 (3) a presumptive parole date or mandatory supervision
13-23 release date for the person has been established.
13-24 (b) The pardons and paroles division may authorize the
13-25 transfer of an eligible person from a jail in this state, a federal
13-26 correctional institution, or a jail or correctional institution in
13-27 another state to a secure community residential facility designated
13-28 by the pardons and paroles division not more than one year <180
13-29 days> before the person's presumptive parole date or mandatory
13-30 supervision release date. A person transferred under this section
13-31 is considered to be in the actual physical custody of the pardons
13-32 and paroles division.
13-33 (c) A person transferred by the pardons and paroles division
13-34 to a secure community residential facility is subject to the
13-35 provisions of Sections 499.002(c), 499.004, and 499.005 in the same
13-36 manner as if the person is a pre-parolee who had been transferred
13-37 to a community residential facility under Section 499.002.
13-38 (d) The pardons and paroles division may request of a
13-39 sheriff that the sheriff forward to the pardons and paroles
13-40 division copies of any records possessed by the sheriff that are
13-41 relevant to the pardons and paroles division in its determination
13-42 as to whether to transfer a person from the county jail to a secure
13-43 community residential facility, and the pardons and paroles
13-44 division shall request the sheriff to forward to the institutional
13-45 division and to the pardons and paroles division the information
13-46 relating to the defendant the sheriff would be required under
13-47 Section 8, Article 42.09, Code of Criminal Procedure, to deliver to
13-48 the department <institutional division> had the defendant been
13-49 transferred to the institutional division. The pardons and paroles
13-50 division shall determine whether the information forwarded by the
13-51 sheriff contains a thumbprint taken from the person in the manner
13-52 provided by Article 38.33, Code of Criminal Procedure, and, if not,
13-53 the pardons and paroles division shall obtain a thumbprint in the
13-54 manner provided by that article, and shall forward the thumbprint
13-55 to the institutional division for inclusion with the information
13-56 sent by the sheriff. The sheriff shall comply with a request from
13-57 the pardons and paroles division made under this subsection.
13-58 SECTION 1.055. Section 499.004, Government Code, is amended
13-59 to read as follows:
13-60 Sec. 499.004. Rules; Supervision of Pre-Parolees. (a) The
13-61 department <Board of Pardons and Paroles> shall establish policies
13-62 <adopt rules> for the conduct of pre-parolees transferred under
13-63 this subchapter.
13-64 (b) On transfer, the pre-parolee is subject to supervision
13-65 by the pardons and paroles division and shall obey the orders of
13-66 the Board of Pardons and Paroles and the pardons and paroles
13-67 division.
13-68 (c) A facility director or designee of a facility director
13-69 <An officer assigned by the pardons and paroles division to
13-70 supervise a pre-parolee transferred under this subchapter must make
14-1 periodic written reports to the pardons and paroles division
14-2 concerning the pre-parolee's adjustment. The officer> shall
14-3 immediately report to the pardons and paroles division in writing
14-4 if the director or designee <officer> believes that a <the>
14-5 pre-parolee has violated the terms of the pre-parolee's transfer
14-6 agreement or the rules of the facility <and may include in the
14-7 report the officer's recommendation as to the disciplinary action
14-8 the pardons and paroles division should take in the case. The
14-9 officer may also recommend to a parole panel that it rescind or
14-10 revise the pre-parolee's presumptive parole date>. The pardons
14-11 and paroles division may require an agent of the pardons and
14-12 paroles division or the community residential facility to conduct a
14-13 hearing.
14-14 (d) If the pardons and paroles division has an
14-15 administrative need to deliver the pre-parolee to the custody of
14-16 the institutional division or if after a disciplinary hearing the
14-17 pardons and paroles division concurs that a violation has occurred,
14-18 the pardons and paroles division <with the approval of the
14-19 institutional division> may deliver the pre-parolee to the actual
14-20 custody of the institutional division and the institutional
14-21 division may assign the pre-parolee to a regular unit of the
14-22 institutional division. <If the officer reporting a violation
14-23 recommends a disciplinary action, the pardons and paroles division
14-24 shall follow the recommendation unless it determines that another
14-25 disciplinary action is more appropriate.> If the pardons and
14-26 paroles division <officer> recommends rescission or revision of the
14-27 pre-parolee's presumptive parole date, a parole panel shall rescind
14-28 or revise the date unless it determines the action is
14-29 inappropriate.
14-30 (e) Before <During the period after> a pre-parolee is
14-31 transferred to a community residential facility under this section
14-32 <article> and before the pre-parolee is released on parole, the
14-33 department <pardons and paroles division> may award good conduct
14-34 time to the pre-parolee <earned by the pre-parolee during that
14-35 period> in the same amounts and in the same manner as the
14-36 department <director of the institutional division> awards good
14-37 conduct time to inmates <prisoners> in the institutional division
14-38 <department> under Chapter 498 <Section 498.003>.
14-39 SECTION 1.056. Section 499.026(d), Government Code, is
14-40 amended to read as follows:
14-41 (d) Not later than the 10th day before the date on which a
14-42 parole panel proposes to release an inmate under this subchapter,
14-43 the department <pardons and paroles division> shall give notice of
14-44 the proposed release to the sheriff, the attorney representing the
14-45 state, and the district judge of the county in which the defendant
14-46 was convicted. If there was a change of venue in the case, the
14-47 department <pardons and paroles division> shall also notify the
14-48 sheriff, the attorney representing the state, and the district
14-49 judge of the county in which the prosecution was originated.
14-50 SECTION 1.057. Sections 499.027(b) and (c), Government Code,
14-51 are amended to read as follows:
14-52 (b) An inmate is not eligible under this subchapter to be
14-53 considered for release to intensive supervision parole if:
14-54 (1) the inmate is awaiting transfer to the
14-55 institutional division, or serving a sentence, for an offense for
14-56 which the judgment contains an affirmative finding under Section
14-57 3g(a)(2), Article 42.12, Code of Criminal Procedure;
14-58 (2) the inmate is awaiting transfer to the
14-59 institutional division, or serving a sentence, for an offense
14-60 listed in one of the following sections of the Penal Code:
14-61 (A) Section 19.02 (murder);
14-62 (B) Section 19.03 (capital murder);
14-63 (C) Section 19.04 (<voluntary> manslaughter);
14-64 (D) Section 20.03 (kidnapping);
14-65 (E) Section 20.04 (aggravated kidnapping);
14-66 (F) Section 21.11 (indecency with a child);
14-67 (G) Section 22.011 (sexual assault);
14-68 (H) Section 22.02 <22.021> (aggravated <sexual>
14-69 assault);
14-70 (I) Section 22.021 (aggravated sexual assault)
15-1 <22.03 (deadly assault on law enforcement or corrections officer or
15-2 court participant)>;
15-3 (J) Section 22.04 (injury to a child or an
15-4 elderly individual);
15-5 (K) Section 25.02 (prohibited sexual conduct
15-6 <incest>);
15-7 (L) <Section 25.06 (solicitation of a child);>
15-8 <(M)> Section 25.08 <25.11> (sale or purchase of
15-9 a child);
15-10 (M) <(N)> Section 28.02 (arson);
15-11 (N) <(O)> Section 29.02 (robbery);
15-12 (O) <(P)> Section 29.03 (aggravated robbery);
15-13 (P) <(Q)> Section 30.02 (burglary), if the
15-14 offense is punished as a first-degree felony under that section;
15-15 (Q) <(R)> Section 43.04 (aggravated promotion of
15-16 prostitution);
15-17 (R) <(S)> Section 43.05 (compelling
15-18 prostitution);
15-19 (S) <(T)> Section 43.24 (sale, distribution, or
15-20 display of harmful material to minor);
15-21 (T) <(U)> Section 43.25 (sexual performance by a
15-22 child);
15-23 (U) <(V)> Section 46.10 <46.11> (deadly weapon
15-24 in penal institution);
15-25 (V) <(W)> Section 15.01 (criminal attempt), if
15-26 the offense attempted is listed in this subsection;
15-27 (W) <(X)> Section 15.02 (criminal conspiracy),
15-28 if the offense that is the subject of the conspiracy is listed in
15-29 this subsection; or
15-30 (X) <(Y)> Section 15.03 (criminal solicitation),
15-31 if the offense solicited is listed in this subsection; or
15-32 (3) the inmate is awaiting transfer to the
15-33 institutional division, or serving a sentence, for an offense under
15-34 <listed in one of the following sections of> Chapter 481, Health
15-35 and Safety Code, punishable by a minimum term of imprisonment or a
15-36 maximum fine that is greater than the minimum term of imprisonment
15-37 or the maximum fine for a first degree felony <:>
15-38 <(A) Section 481.112(c), 481.113(c), or
15-39 481.114(c) (aggravated manufacture or delivery of a controlled
15-40 substance);>
15-41 <(B) Section 481.115(c), 481.116(c), 481.117(c),
15-42 or 481.118(c) (aggravated possession of a controlled substance);>
15-43 <(C) Section 481.120 (delivery of marihuana) if
15-44 the offense is punished under Subsection (b)(5) of that section;>
15-45 <(D) Section 481.120(c) (aggravated delivery of
15-46 marihuana); or>
15-47 <(E) Section 481.121(c) (aggravated possession
15-48 of marihuana)>.
15-49 (c) The department <institutional division> shall provide
15-50 each county with necessary assistance to enable the county to
15-51 identify inmates confined in the county jail who may be eligible
15-52 under this subchapter to be considered for release.
15-53 SECTION 1.058. Section 499.028, Government Code, is amended
15-54 to read as follows:
15-55 Sec. 499.028. FACILITIES EXPANSION AND IMPROVEMENT REPORT.
15-56 The department <institutional division> shall submit a facilities
15-57 expansion and improvement report to the governor and the
15-58 Legislative Budget Board not less than once every 60 days. The
15-59 report must describe all construction projects that will result in
15-60 the addition or removal of beds from department <the system>
15-61 capacity, the projected completion dates for each project, and the
15-62 number of beds that will be added to or removed from capacity on
15-63 completion of the construction projects.
15-64 SECTION 1.059. Section 499.052(a), Government Code, is
15-65 amended to read as follows:
15-66 (a) The institutional division shall establish a program to
15-67 confine persons who are required to serve not more than 90 days in
15-68 the institutional division as a condition of a sentence imposed
15-69 under Section 8, Article 42.12, Code of Criminal Procedure. The
15-70 <director of the> institutional division may limit the number of
16-1 persons participating in the program.
16-2 SECTION 1.060. Section 499.071, Government Code, is amended
16-3 to read as follows:
16-4 Sec. 499.071. SCHEDULED ADMISSIONS POLICY <ALLOCATION
16-5 FORMULA>. <(a)> The board shall adopt and enforce a scheduled
16-6 admissions policy that permits the institutional division to accept
16-7 inmates within 45 days of processing as required by Section
16-8 499.121(c). <an allocation formula that fairly and equitably
16-9 allocates to each county the number of institutional division
16-10 admissions allocated to the county until sufficient capacity is
16-11 available in the institutional division. In devising the formula,
16-12 the board shall consider relevant factors for each county served by
16-13 a department and shall assign weights to those factors as
16-14 determined appropriate by the board. The factors shall include but
16-15 are not limited to:>
16-16 <(1) the percentage of prison admissions for the
16-17 entire state that were used by the county in the preceding 12
16-18 months;>
16-19 <(2) the percentage of the state's violent index crime
16-20 that occurred in the county in the preceding 12 months;>
16-21 <(3) the percentage of the state's total index crime
16-22 that occurred in the county in the preceding 12 months;>
16-23 <(4) the percentage of the state's total arrests under
16-24 Chapter 481, Health and Safety Code, that occurred in the county in
16-25 the preceding 12 months;>
16-26 <(5) the percentage of the state's population residing
16-27 in the county;>
16-28 <(6) the percentage of the state's total unemployment
16-29 in the county; and>
16-30 <(7) the percentage of all defendants serving
16-31 sentences for felonies who were paroled from the institutional
16-32 division, a jail in this state, a federal correctional institution,
16-33 or a jail or correctional institution in another state in the
16-34 preceding 12 months and who were released to reside in the county.>
16-35 <(b) The board shall adopt and enforce an allocation formula
16-36 that fairly and equitably allocates community corrections program
16-37 funding to each community supervision and corrections department,
16-38 in the manner provided by Section 10(a)(3), Article 42.13, Code of
16-39 Criminal Procedure. In devising the formula, the board shall use
16-40 the factors listed in Subsection (a), but may assign different
16-41 weights to those factors than those used in developing the
16-42 admissions allocation formula. The board also may use factors not
16-43 listed in Subsection (a) in devising the formula under this
16-44 subsection.>
16-45 <(c) If the board is unable to obtain for a factor listed in
16-46 Subsection (a) information for the preceding 12-month period, the
16-47 board shall consider the most recent information available for that
16-48 factor.>
16-49 <(d) The board shall revise each formula annually.>
16-50 SECTION 1.061. Section 499.102(a), Government Code, is
16-51 amended to read as follows:
16-52 (a) The staff of the institutional division, on its own
16-53 initiative or as directed by the governor or the board, may
16-54 recommend to the administration of the institutional division that
16-55 the maximum capacity established under Section 499.101 for a unit
16-56 be increased if the staff determines through written findings that
16-57 the division can increase the maximum capacity and provide:
16-58 (1) proper inmate classification and housing within
16-59 the unit that is consistent with the classification system;
16-60 (2) housing flexibility to allow necessary repairs and
16-61 routine and preventive maintenance to be performed without
16-62 compromising the classification system;
16-63 (3) adequate space in dayrooms;
16-64 (4) all meals within a reasonable time, allowing each
16-65 inmate a reasonable time within which to eat;
16-66 (5) operable hygiene facilities that ensure the
16-67 availability of a sufficient number of fixtures to serve the inmate
16-68 population;
16-69 (6) adequate laundry services;
16-70 (7) sufficient staff to:
17-1 (A) meet operational and security needs;
17-2 (B) meet health care needs, including the needs
17-3 of inmates requiring psychiatric care, mentally retarded inmates,
17-4 and physically handicapped inmates;
17-5 (C) provide a safe environment for inmates and
17-6 staff; and
17-7 (D) provide adequate internal affairs
17-8 investigation and review;
17-9 (8) medical, dental, and psychiatric care adequate to
17-10 ensure:
17-11 (A) minimal delays in delivery of service from
17-12 the time sick call requests are made until the service is
17-13 performed;
17-14 (B) access to regional medical facilities;
17-15 (C) access to the institutional division
17-16 hospital at Galveston or contract facilities performing the same
17-17 services;
17-18 (D) access to specialty clinics; and
17-19 (E) a sufficient number of psychiatric inpatient
17-20 beds and sheltered beds for mentally retarded inmates;
17-21 (9) a fair disciplinary system that ensures due
17-22 process and is adequate to ensure safety and order in the unit;
17-23 (10) work, vocational, academic, and on-the-job
17-24 training programs that afford all eligible inmates with an
17-25 opportunity to learn job skills or work habits that can be applied
17-26 on release, appropriately staffed and of sufficient quality;
17-27 (11) a sufficient number and quality of
17-28 nonprogrammatic and recreational activities for all eligible
17-29 inmates who choose to participate;
17-30 (12) adequate assistance from persons trained in the
17-31 law or a law library with a collection containing necessary
17-32 materials and space adequate for inmates to use the law library for
17-33 study related to legal matters;
17-34 (13) adequate space and staffing to permit contact and
17-35 noncontact visitation of all eligible inmates;
17-36 (14) adequate maintenance programs to repair and
17-37 prevent breakdowns caused by increased use of facilities and
17-38 fixtures; and
17-39 (15) space and staff sufficient to provide all the
17-40 services and facilities required by this section.
17-41 SECTION 1.062. Section 499.110, Government Code, is amended
17-42 to read as follows:
17-43 Sec. 499.110. <Applicability of> Administrative Procedure
17-44 <and Texas Register> Act. Subchapter B, Chapter 2001, <The
17-45 Administrative Procedure and Texas Register Act (Article 6252-13a,
17-46 Vernon's Texas Civil Statutes)> applies to all reviews,
17-47 recommendations, and decisions made under Sections 499.102-499.109.
17-48 SECTION 1.063. Section 499.154, Government Code, is amended
17-49 to read as follows:
17-50 Sec. 499.154. Custody Status; Good Conduct Time. An inmate
17-51 described by Section 499.152 confined in a transfer facility
17-52 authorized by this subchapter earns good conduct time in the same
17-53 manner and subject to the same rules as if the inmate were confined
17-54 in <a county jail awaiting transfer to> the institutional division.
17-55 SECTION 1.064. Section 499.155(a), Government Code, is
17-56 amended to read as follows:
17-57 (a) Except as provided by Subsection (b), the institutional
17-58 division may not confine an inmate described by Section 499.152 in
17-59 a transfer facility authorized by this subchapter for a period that
17-60 exceeds the maximum period for which a state jail felon may be
17-61 confined in a state jail felony facility under Section 12.35, Penal
17-62 Code <12 months>.
17-63 SECTION 1.065. Section 500.001, Government Code, is amended
17-64 to read as follows:
17-65 Sec. 500.001. Supervisory or Disciplinary Authority of
17-66 Inmates. (a) An inmate housed in a facility operated by the
17-67 department or under contract with the department <the custody of
17-68 the institutional division> may not act in a supervisory or
17-69 administrative capacity over another inmate.
17-70 (b) An inmate housed in a facility operated by the
18-1 department or under contract with the department <the custody of
18-2 the institutional division> may not administer disciplinary action
18-3 over another inmate.
18-4 SECTION 1.066. Section 500.002, Government Code, is amended
18-5 to read as follows:
18-6 Sec. 500.002. Destruction of Property. (a) An inmate
18-7 housed in a facility operated by the department or under contract
18-8 with the department <of the institutional division> is liable for
18-9 the inmate's intentional damage to property belonging to the state.
18-10 If more than one inmate is involved in damage to property, each
18-11 inmate involved in the damage is jointly and severally liable.
18-12 (b) The department <institutional division> shall establish
18-13 a hearing procedure, giving consideration to the due process rights
18-14 of inmates, for the adjudication of claims for property damage
18-15 under this section <article>. Damages may be awarded to the
18-16 department <institutional division> only after a hearing and may
18-17 not exceed the value of the property damaged.
18-18 (c) If at a hearing it is determined that an inmate is
18-19 liable for property damage, the department <institutional division>
18-20 may seize the contents of inmate trust funds established for the
18-21 inmate under <Section 497.056 and> Section 501.014.
18-22 (d) An inmate, after exhausting all administrative remedies
18-23 provided by the grievance system developed under Section 501.008,
18-24 may appeal a final decision <ruling following a hearing> under this
18-25 section by filing a petition for judicial review <an appeal> in a
18-26 district court having jurisdiction in the county in which the
18-27 alleged damages occurred. On judicial review <appeal>, the
18-28 district court shall follow the rules governing judicial review of
18-29 contested cases under Subchapter G, Chapter 2001 <Section 19,
18-30 Administrative Procedure and Texas Register Act (Article 6252-13a,
18-31 Vernon's Texas Civil Statutes)>. Appeals may be taken from the
18-32 district court as in other civil cases.
18-33 (e) If an inmate fails to file a petition seeking judicial
18-34 review of <appeal> an adverse decision within 30 <60> days after
18-35 exhausting all administrative remedies <the date of a hearing under
18-36 Subsection (b)>, a district court may not review the final decision
18-37 <the inmate is barred from appealing the decision>.
18-38 SECTION 1.067. Section 500.003, Government Code, is amended
18-39 to read as follows:
18-40 Sec. 500.003. Gambling Prohibited. Gambling is not
18-41 permitted at any place in a facility operated by or under contract
18-42 with the department <the institutional division> where inmates are
18-43 housed or worked. An employee of the department who engages in
18-44 gambling or knowingly permits gambling at any place where inmates
18-45 are housed or worked is subject to immediate dismissal.
18-46 SECTION 1.068. Section 500.005, Government Code, is amended
18-47 to read as follows:
18-48 Sec. 500.005. Rewards on Escape. The director of the
18-49 institutional division, in compliance with <with the approval of
18-50 the> board policy, may offer a reward for the apprehension of an
18-51 escaped inmate. The director may determine the amount of the
18-52 reward and the manner in which the reward is to be paid.
18-53 SECTION 1.069. Section 500.006, Government Code, is amended
18-54 to read as follows:
18-55 Sec. 500.006. Transportation of Inmates. (a) The
18-56 department <director of the institutional division> shall establish
18-57 policies <adopt rules> to provide for the safe transfer of inmates
18-58 <from the counties in which inmates are sentenced to the
18-59 institutional division>. A sheriff may transport inmates to the
18-60 institutional division if the sheriff is able to perform the
18-61 service as economically as if the service were performed by the
18-62 division. The institutional division is responsible for the cost
18-63 of transportation of inmates to the division.
18-64 (b) An inmate may not be transported directly from a county
18-65 jail to an institutional division facility other than a designated
18-66 diagnostic unit or a transfer facility <farm>. <The institutional
18-67 division shall designate units as receiving stations and all
18-68 inmates must be initially transported to a receiving station. At
18-69 the receiving station:>
18-70 <(1) the institutional division shall determine what
19-1 type of labor the inmate may reasonably perform; and>
19-2 <(2) the director of the institutional division shall
19-3 require each inmate to make a statement containing:>
19-4 <(A) a brief history of the inmate's life that
19-5 states where the inmate has resided and other facts that describe
19-6 the inmate's past habits and character; and>
19-7 <(B) names and mailing addresses of the inmate's
19-8 immediate relatives.>
19-9 <(c) The director of the institutional division shall
19-10 attempt to verify or disprove the accuracy of the statement if
19-11 practicable.>
19-12 <(d) The director of the institutional division shall retain
19-13 the statement.>
19-14 SECTION 1.070. Section 501.002, Government Code, is amended
19-15 to read as follows:
19-16 Sec. 501.002. Assault by Employee on Inmate. If an employee
19-17 of the department <institutional division> commits an assault on an
19-18 inmate housed in a facility operated by or under contract with the
19-19 department, the executive director <of the institutional division>
19-20 shall file a complaint with the proper official of the county in
19-21 which the offense occurred. If an employee is charged with an
19-22 assault described by this section, an inmate or person who was an
19-23 inmate at the time of the alleged offense may testify in a
19-24 prosecution of the offense.
19-25 SECTION 1.071. Section 501.003, Government Code, is amended
19-26 to read as follows:
19-27 Sec. 501.003. Food. The department <director of the
19-28 institutional division> shall ensure that inmates housed in
19-29 facilities operated by the department are fed good and wholesome
19-30 food, prepared under sanitary conditions, and provided in
19-31 sufficient quantity and reasonable variety. The department
19-32 <director of the institutional division> shall hold employees
19-33 charged with preparing food for inmates strictly to account for a
19-34 failure to carry out this section. The department <director of the
19-35 institutional division> shall provide for the training of inmates
19-36 as cooks so that food for inmates may be properly prepared.
19-37 SECTION 1.072. Section 501.004, Government Code, is amended
19-38 to read as follows:
19-39 Sec. 501.004. Clothing. The department <institutional
19-40 division> shall provide to inmates housed in facilities operated by
19-41 the department suitable clothing that is of substantial material,
19-42 uniform make, and reasonable fit and footwear that is substantial
19-43 and comfortable. The department <institutional division> may not
19-44 allow an inmate to wear clothing that is not furnished by the
19-45 department <division>, except as a reward for meritorious conduct.
19-46 The department <director of the institutional division> may allow
19-47 inmates to wear underwear not furnished by the department
19-48 <institutional division>.
19-49 SECTION 1.073. Section 501.005, Government Code, is amended
19-50 to read as follows:
19-51 Sec. 501.005. Literacy Programs. (a) The institutional
19-52 division shall establish a program to teach reading to functionally
19-53 illiterate inmates housed in facilities operated by the division.
19-54 The institutional division shall allow an inmate who is capable of
19-55 serving as a tutor to tutor functionally illiterate inmates and
19-56 shall actively encourage volunteer organizations to aid in the
19-57 tutoring of inmates. The institutional division, the inmate to be
19-58 tutored, and the person who tutors the inmate jointly shall
19-59 establish reading goals for the inmate to be tutored. A person who
19-60 acts as a tutor may only function as a teacher and advisor to an
19-61 inmate and may not exercise supervisory authority or control over
19-62 the inmate.
19-63 (b) The institutional division shall require illiterate
19-64 inmates housed in facilities operated by the division to receive
19-65 not less than five or more than eight hours a week of reading
19-66 instruction.
19-67 (c) The institutional division shall identify functionally
19-68 illiterate inmates housed in facilities operated by the division
19-69 and shall inform the parole <pardons and paroles> division if it
19-70 determines that an inmate who is to be released to the supervision
20-1 of the parole <pardons and paroles> division is in need of
20-2 continuing education after release from the institutional division.
20-3 SECTION 1.074. Section 501.006, Government Code, is amended
20-4 to read as follows:
20-5 Sec. 501.006. EMERGENCY ABSENCE <TEMPORARY FURLOUGHS>.
20-6 (a) The institutional division may grant an emergency absence
20-7 under escort <a medical furlough> to an inmate so that the inmate
20-8 may:
20-9 (1) obtain a medical diagnosis or medical treatment;
20-10 (2) obtain <. The institutional division may impose
20-11 security conditions determined by the board to be necessary and
20-12 proper on an inmate during the inmate's furlough.>
20-13 <(b) The institutional division may grant a mental health or
20-14 mental retardation furlough so that an inmate may be transferred to
20-15 a Texas Department of Mental Health and Mental Retardation facility
20-16 for> treatment and supervision at a Texas Department of Mental
20-17 Health and Mental Retardation facility; or<.>
20-18 (3) <(c) The institutional division may grant a
20-19 temporary furlough of not more than seven days to an inmate
20-20 determined to be an acceptable security risk by the division. The
20-21 institutional division may grant a furlough under this subsection
20-22 so that the inmate may> attend a funeral or<,> visit a critically
20-23 ill relative<, or for any other reason determined appropriate by
20-24 the division>.
20-25 <(d) The institutional division may extend a temporary
20-26 furlough granted under Subsection (c) for not more than 10
20-27 additional days, if the division determines that circumstances
20-28 warrant the extension. The board may not grant more than two
20-29 furloughs to an inmate in one calendar year unless the Board of
20-30 Pardons and Paroles and the governor approve an additional furlough
20-31 for the inmate, in the same manner as the board and the governor
20-32 approve emergency reprieves.>
20-33 (b) <(e)> The institutional division shall adopt policies
20-34 <rules> for the administration of the emergency absence under
20-35 escort <temporary furlough> program <and the legislature intends
20-36 that furloughs be given. The rules must state that furloughs are
20-37 granted as the institutional division determines and are not given
20-38 in consideration of the county, region, or state to which an inmate
20-39 is to be furloughed.>
20-40 <(f) The institutional division shall notify the pardons and
20-41 paroles division if the institutional division grants a temporary
20-42 furlough under this section and shall notify the pardons and
20-43 paroles division of the inmate's return to the institutional
20-44 division>.
20-45 (c) <(g)> An inmate absent <furloughed> under this section
20-46 <and an inmate granted an emergency reprieve by the Board of
20-47 Pardons and Paroles and the governor> is considered to be in the
20-48 custody of the institutional division, and <even if> the inmate
20-49 must be <is not> under physical guard while absent <on furlough>.
20-50 <If an inmate described by this subsection does not return to the
20-51 institutional division at the time specified for the inmate's
20-52 return, the inmate is an escapee for the purposes of Section 38.07,
20-53 Penal Code.>
20-54 <(h) The state may not pay for the transportation of an
20-55 inmate on temporary furlough unless the inmate is under physical
20-56 guard during the furlough.>
20-57 <(i) The institutional division may not grant a furlough to
20-58 an inmate convicted of an offense under Section 42.07(a)(7), Penal
20-59 Code.>
20-60 SECTION 1.075. Section 501.007, Government Code, is amended
20-61 to read as follows:
20-62 Sec. 501.007. Inmate Claims for Lost or Damaged Property.
20-63 The department <institutional division> may pay from the
20-64 miscellaneous funds appropriated to the division claims made by
20-65 inmates housed in facilities operated by the department for
20-66 property lost or damaged by the division. The department
20-67 <institutional division> shall maintain a record of all
20-68 transactions made under this section and shall send a copy of that
20-69 record to the state auditor at least annually. The record must
20-70 show the amount of each claim paid, the identity of each claimant,
21-1 and the purpose for which each claim was made. The department
21-2 <institutional division> may not pay under this section more than
21-3 $500 on a claim.
21-4 SECTION 1.076. Section 501.009, Government Code, is amended
21-5 to read as follows:
21-6 Sec. 501.009. Volunteer Organizations. The department
21-7 <institutional division> shall actively encourage volunteer
21-8 organizations to provide the following programs for inmates housed
21-9 in facilities operated by <confined in> the department <division>:
21-10 (1) literacy and education programs;
21-11 (2) life skills programs;
21-12 (3) job skills programs;
21-13 (4) parent-training programs;
21-14 (5) drug and alcohol rehabilitation programs;
21-15 (6) support group programs;
21-16 (7) arts and crafts programs; and
21-17 (8) other programs determined by the department
21-18 <division> to aid inmates in the transition between confinement and
21-19 society and to reduce incidence of recidivism among inmates.
21-20 SECTION 1.077. Section 501.010, Government Code, is amended
21-21 to read as follows:
21-22 Sec. 501.010. Visitors. (a) The institutional division
21-23 shall allow the governor, members of the legislature, and members
21-24 of the executive and judicial branches to enter at proper hours any
21-25 part of a facility operated by the division where inmates are
21-26 housed or worked, for the purpose of observing the operations of
21-27 the division. A visitor described by this subsection may talk with
21-28 inmates away from institutional division employees.
21-29 (b) The institutional division shall have a uniform
21-30 visitation policy that allows eligible inmates housed in facilities
21-31 operated by <in> the division, other than state jails, to receive
21-32 visitors. The institutional division shall require each warden in
21-33 the division to:
21-34 (1) apply the policy in the unit under the warden's
21-35 control;
21-36 (2) prominently display copies of the policy in
21-37 locations in the unit that are accessible to inmates or visitors;
21-38 and
21-39 (3) if requested, provide visitors with copies of the
21-40 policy.
21-41 (c) At the end of each biennium, each warden in the
21-42 institutional division shall report to the director of the division
21-43 on the manner in which the policy has affected visitation at the
21-44 warden's unit during the preceding two years.
21-45 SECTION 1.078. Sections 501.011(a) and (h), Government Code,
21-46 are amended to read as follows:
21-47 (a) The Role of the Family in Reducing Recidivism Advisory
21-48 Committee to the institutional division of the Texas Department of
21-49 Criminal Justice and the Texas Youth Commission consists of a
21-50 representative of the institutional division, a representative of
21-51 the state jail division, a representative of the Texas Youth
21-52 Commission, a representative of the parole <pardons and paroles>
21-53 division, a representative of the attorney general's office, a
21-54 representative of the Community Services Division of the Texas
21-55 Youth Commission, two members appointed by the governor, two
21-56 members appointed by the lieutenant governor, and two members
21-57 appointed by the speaker of the Texas House of Representatives.
21-58 Each appointed member must be a citizen of the state and should
21-59 have a knowledge of corrections or juvenile justice issues. The
21-60 officer appointing the member shall give preference to appointees
21-61 who are or have been family members of inmates or juveniles
21-62 detained in Texas Youth Commission facilities.
21-63 (h) The advisory committee shall make studies of and make
21-64 recommendations to the department <institutional division> and to
21-65 the legislature relating to:
21-66 (1) visitation policies in facilities operated by the
21-67 department <institutional division>;
21-68 (2) the availability and effectiveness of
21-69 rehabilitation programs in facilities operated by the department
21-70 <institutional division>;
22-1 (3) the efficiency of educational and vocational
22-2 programs in facilities operated by the department <institutional
22-3 division>;
22-4 (4) special problems faced by inmates with children;
22-5 (5) the special needs of indigent inmates;
22-6 (6) policies and laws relating to the distribution of
22-7 release money to inmates; and
22-8 (7) other issues of special interest to families with
22-9 a relative housed in a facility operated by the department
22-10 <institutional division>.
22-11 SECTION 1.079. Section 501.012, Government Code, is amended
22-12 to read as follows:
22-13 Sec. 501.012. Family Liaison Officer. The director of the
22-14 institutional division shall designate one employee at each
22-15 facility operated by <unit in> the institutional division to serve
22-16 as family liaison officer for that facility <unit>. The family
22-17 liaison officer shall facilitate the maintenance of ties between
22-18 inmates and their families for the purpose of reducing recidivism.
22-19 Each family liaison officer shall:
22-20 (1) provide inmates' relatives with information about
22-21 the classification status, location, and health of inmates in the
22-22 facility <unit>;
22-23 (2) notify inmates about emergencies involving their
22-24 families and provide inmates with other necessary information
22-25 relating to their families; and
22-26 (3) assist inmates' relatives and other persons during
22-27 visits with inmates and aid those persons in resolving problems
22-28 that may affect permitted contact with inmates.
22-29 SECTION 1.080. Section 501.013, Government Code, is amended
22-30 to read as follows:
22-31 Sec. 501.013. Materials Used for Arts and Crafts. (a) The
22-32 institutional division may purchase materials to be used by inmates
22-33 housed in facilities operated by the division to produce arts and
22-34 crafts.
22-35 (b) The institutional division may allow an inmate housed in
22-36 a facility operated by the division who produces arts and crafts in
22-37 the division to sell those arts and crafts to the general public in
22-38 a manner determined by the division.
22-39 (c) If an inmate housed in a facility operated by the
22-40 division sells arts and crafts and the materials used in the
22-41 production of the arts and crafts were provided by the
22-42 <institutional> division, the proceeds of the sale go first to the
22-43 division to pay for the cost of the materials, and the remainder,
22-44 if any, goes to the inmate. The institutional division may not
22-45 purchase more than $30 of materials for any inmate unless the
22-46 inmate has repaid the division in full for previous purchases of
22-47 materials.
22-48 SECTION 1.081. Section 501.014, Government Code, is amended
22-49 to read as follows:
22-50 Sec. 501.014. Inmate Money. (a) The <director of the>
22-51 institutional division shall take possession of all money that an
22-52 inmate has on the inmate's person when the inmate arrives at a
22-53 facility operated by the institutional division and all money the
22-54 inmate receives at the department after arriving at a facility
22-55 operated by the division and shall credit the money to a trust fund
22-56 created for the inmate. The institutional division shall carefully
22-57 search an inmate when the inmate arrives at a facility operated by
22-58 the division. The <director of the> institutional division may
22-59 spend money from a trust fund on the written order of the inmate in
22-60 whose name the fund is established subject to restrictions on the
22-61 expenditure established by law or policy <rule>. The department
22-62 shall ensure that each facility operated by or under contract with
22-63 the department shall operate a trust fund system that complies with
22-64 this section, but the department is not required to operate a
22-65 separate trust fund system for each facility.
22-66 (b) If an inmate with money in a trust fund established
22-67 under Subsection (a) dies while confined in a facility operated by
22-68 the institutional division or escapes or is discharged and does not
22-69 claim the money, the <director of the> institutional division shall
22-70 attempt to give notice of the fund to the discharged inmate or to
23-1 the beneficiary or nearest known relative of a deceased, escaped,
23-2 or discharged inmate. On the presentation of a claim to the money
23-3 by a person entitled to the notice, the <director of the>
23-4 institutional division shall pay the money to the claimant.
23-5 (c) If money is unclaimed two years after the <director of
23-6 the> institutional division gives or attempts to give notice under
23-7 Subsection (b), or two years after the date of the death of an
23-8 inmate whose beneficiary or nearest relative is unknown, the
23-9 director of the institutional division shall make an affidavit
23-10 stating that the money is unclaimed and send the affidavit and
23-11 money to the state treasurer.
23-12 (d) Money forfeited to the state treasurer under Subsection
23-13 (c) escheats to the state.
23-14 (e) On notification by a court, the <director of the>
23-15 institutional division shall withdraw from an inmate's trust fund
23-16 any amount the inmate is ordered to pay by order of the court for
23-17 child support, restitution, fines, and court costs. The
23-18 institutional division <director> shall make a payment under this
23-19 subsection as ordered by the court to either the court or the party
23-20 specified in the court order. The <director, the> institutional
23-21 division<,> and the department are not liable for withdrawing or
23-22 failing to withdraw money or making payments or failing to make
23-23 payments under this subsection. The institutional division
23-24 <director> shall make withdrawals and payments from an inmate's
23-25 trust fund under this subsection according to the following
23-26 schedule of priorities:
23-27 (1) as payment in full for all orders for child
23-28 support;
23-29 (2) as payment in full for all orders for restitution;
23-30 (3) as payment in full for all orders for fines; and
23-31 (4) as payment in full for all orders for court costs.
23-32 (f) The institutional division may place a hold on funds in
23-33 an inmate trust fund:
23-34 (1) to restore amounts withdrawn by the inmate against
23-35 uncollected funds;
23-36 (2) to correct accounting errors;
23-37 (3) to make restitution for wrongful withdrawals made
23-38 by an inmate from the trust fund of another inmate;
23-39 (4) to cover deposits until cleared;
23-40 (5) as directed by court order; or
23-41 (6) as part of an investigation by the department of
23-42 inmate conduct involving the use of trust funds or an investigation
23-43 in which activity in the trust fund is evidence.
23-44 SECTION 1.082. Section 501.015(c), Government Code, is
23-45 amended to read as follows:
23-46 (c) The department <director of the institutional division>
23-47 may spend not more than $200 to defray the costs of transportation
23-48 or other expenses related to the burial of an inmate who dies while
23-49 confined in a facility operated by the institutional division.
23-50 SECTION 1.083. Section 501.016, Government Code, is amended
23-51 to read as follows:
23-52 Sec. 501.016. Discharge or Release Papers; Release Date.
23-53 (a) The department <director of the institutional division or the
23-54 director's executive assistant> shall prepare and provide an inmate
23-55 with the inmate's discharge or release papers when the inmate is
23-56 entitled to be discharged or to be released on parole, mandatory
23-57 supervision, or conditional pardon. The papers must be dated and
23-58 signed by the officer preparing the papers and bear the seal of the
23-59 department <board>. The papers must contain:
23-60 (1) the inmate's name;
23-61 (2) a statement of the offense or offenses for which
23-62 the inmate was sentenced;
23-63 (3) the date on which the defendant was sentenced and
23-64 the length of the sentence;
23-65 (4) the name of the county in which the inmate was
23-66 sentenced;
23-67 (5) the amount of calendar time the inmate actually
23-68 served;
23-69 (6) a statement of any trade learned by the inmate and
23-70 the inmate's proficiency at that trade; and
24-1 (7) the physical description of the inmate, as far as
24-2 practicable.
24-3 (b) If the release date of an inmate occurs on a Saturday,
24-4 Sunday, or legal holiday, the department <director of the
24-5 institutional division> may release the inmate on the preceding
24-6 workday.
24-7 SECTION 1.084. Section 501.017, Government Code, is amended
24-8 to read as follows:
24-9 Sec. 501.017. Cost of Confinement as Claim. (a) The
24-10 department <institutional division> may establish a claim and lien
24-11 against the estate of an inmate who dies while confined in a
24-12 facility operated by or under contract with the department
24-13 <division> for the cost to the department <division> of the
24-14 inmate's confinement.
24-15 (b) The department <institutional division> may not enforce
24-16 a claim or lien established under this section if the inmate has a
24-17 surviving spouse or a surviving dependent or disabled child.
24-18 (c) The department <institutional division> shall adopt
24-19 policies <rules> regarding recovery of the cost of confinement
24-20 through enforcement of claims or liens established under this
24-21 section. <The Criminal Justice Policy Council shall monitor the
24-22 activity of the institutional division in establishing and
24-23 enforcing claims or liens under this section. If the council
24-24 determines that the benefits obtained by the institutional division
24-25 do not exceed the costs to the division of establishing and
24-26 enforcing claims or liens, the council shall direct the division to
24-27 discontinue establishing claims and liens under this section.>
24-28 SECTION 1.085. Subchapter A, Chapter 501, Government Code,
24-29 is amended by adding Section 501.021 to read as follows:
24-30 Sec. 501.021. USE OF INMATES IN TRAINING PROHIBITED. The
24-31 department may not use an inmate in a program that trains dogs to
24-32 attack individuals without the inmate's permission.
24-33 SECTION 1.086. Section 501.051, Government Code, is amended
24-34 to read as follows:
24-35 Sec. 501.051. Medical Facilities at University of Texas
24-36 Medical Branch. (a) The medical facility constructed by the
24-37 institutional division at The University of Texas Medical Branch at
24-38 Galveston shall be used as a teaching facility and be limited to
24-39 patients who are teaching patients, as long as the medical facility
24-40 is used for the treatment of department <division> patients. The
24-41 Board of Regents of The University of Texas System shall maintain
24-42 and operate the facility and provide professional staff services
24-43 necessary for the care of patients in the facility, except that the
24-44 department <institutional division> shall provide security at the
24-45 facility. The facility shall provide the same level of care as is
24-46 provided for patients in other facilities of The University of
24-47 Texas Medical Branch at Galveston.
24-48 (b) If the medical facility ceases to be used for department
24-49 <institutional division> patients, the facility shall revert to the
24-50 medical branch for its use and be operated under the exclusive
24-51 management and control of the Board of Regents of The University of
24-52 Texas System.
24-53 (c) The medical facility shall be operated with funds
24-54 appropriated for that purpose.
24-55 (d) The department <institutional division> shall establish
24-56 and maintain an overnight holding facility for inmate outpatients
24-57 at The University of Texas Medical Branch at Galveston.
24-58 (e) The department <institutional division> and The
24-59 University of Texas Medical Branch at Galveston shall by rule adopt
24-60 a memorandum of understanding that establishes the responsibilities
24-61 of the department <division> and the medical branch in maintaining
24-62 the department's <division's> medical facility, providing security,
24-63 and providing medical care. The memorandum must also establish a
24-64 joint peer review committee and a joint utilization review
24-65 committee. Each committee shall be composed of medical personnel
24-66 employed by the department <institutional division> and by the
24-67 medical branch. The joint peer review committee shall review all
24-68 case files to determine whether the quality of medical care
24-69 provided is adequate, according to accepted medical standards. The
24-70 joint utilization review committee shall review all case files to
25-1 determine whether treatment given is medically necessary under the
25-2 circumstances of each case, taking into account accepted medical
25-3 standards. The department <institutional division> shall
25-4 coordinate the development of the memorandum of understanding.
25-5 SECTION 1.087. Section 501.052, Government Code, is amended
25-6 to read as follows:
25-7 Sec. 501.052. Medical Residencies. The department
25-8 <institutional division> may establish a residency program or a
25-9 rotation program to employ or train physicians to treat inmates in
25-10 the department <division>.
25-11 SECTION 1.088. Section 501.053, Government Code, is amended
25-12 to read as follows:
25-13 Sec. 501.053. Reports of Physician Misconduct. (a) If the
25-14 department <institutional division> receives an allegation that a
25-15 physician employed or under contract with the department <division>
25-16 has committed an action that constitutes a ground for the denial or
25-17 revocation of the physician's license under Section 3.08, Medical
25-18 Practice Act (Article 4495b, Vernon's Texas Civil Statutes), the
25-19 department <division> shall report the information to the Texas
25-20 State Board of Medical Examiners in the manner provided by Section
25-21 4.02 of that Act.
25-22 (b) The department <institutional division> shall provide
25-23 the Texas State Board of Medical Examiners with a copy of any
25-24 report or finding relating to an investigation of an allegation
25-25 reported to the board.
25-26 SECTION 1.089. Section 501.054, Government Code, is amended
25-27 to read as follows:
25-28 Sec. 501.054. AIDS and HIV Education; Testing. (a) In this
25-29 section, "AIDS," "HIV," and "test result" have the meanings
25-30 assigned by Section 81.101, Health and Safety Code.
25-31 (b) The department <institutional division>, in consultation
25-32 with the Texas Department of Health, shall establish education
25-33 programs to educate inmates and employees of the department
25-34 <division> about AIDS and HIV. In establishing the programs for
25-35 inmates, the department <institutional division> shall design a
25-36 program that deals with issues related to AIDS and HIV that are
25-37 relevant to inmates while confined and a program that deals with
25-38 issues related to AIDS and HIV that will be relevant to inmates
25-39 after the inmates are released <from the division>. The department
25-40 <institutional division> shall design the programs to take into
25-41 account relevant cultural and other differences among inmates. The
25-42 department <institutional division> shall require each inmate in a
25-43 facility operated by the department <division> to participate in
25-44 education programs established under this subsection.
25-45 (c) The department <director of the institutional division>
25-46 shall require each employee of the department <division> to
25-47 participate in programs established under this section at least
25-48 once during each calendar year.
25-49 (d) The department <director of the institutional division>
25-50 shall ensure that education programs for employees include
25-51 information and training relating to infection control procedures.
25-52 The department <director> shall also ensure that employees have
25-53 infection control supplies and equipment readily available.
25-54 (e) The department <institutional division>, in consultation
25-55 with the Texas Department of Health, shall periodically revise
25-56 education programs established under this section so that the
25-57 programs reflect the latest medical information available on AIDS
25-58 and HIV.
25-59 (f) The department <institutional division> shall adopt a
25-60 policy for handling persons with AIDS or HIV infection who are in
25-61 the <division's> custody of the department or under the
25-62 department's supervision. The policy must be substantially similar
25-63 to a model policy developed by the Texas Department of Health under
25-64 Subchapter G, Chapter 85, Health and Safety Code <Article 4419b-3,
25-65 Revised Statutes>.
25-66 (g) The department <institutional division> shall maintain
25-67 the confidentiality of test results of an inmate indicating HIV
25-68 infection after the inmate's discharge, release from a state jail,
25-69 or release on parole or mandatory supervision and may not honor the
25-70 request of an agency of the state or any person who requests a test
26-1 result as a condition of housing or supervising the inmate while
26-2 the inmate is on community supervision or parole or mandatory
26-3 supervision, unless honoring the request would improve the ability
26-4 of the inmate to obtain essential health and social services.
26-5 (h) The department <institutional division> shall report to
26-6 the legislature not later than January 15 of each odd-numbered year
26-7 concerning the implementation of this section and the participation
26-8 of inmates and employees of the department <division> in education
26-9 programs established under this section.
26-10 (i) The institutional division may test an inmate confined
26-11 in a facility operated by the division for human immunodeficiency
26-12 virus. If the institutional division determines that an inmate has
26-13 a positive test result, the division may segregate the inmate from
26-14 other inmates.
26-15 SECTION 1.090. Section 501.055, Government Code, is amended
26-16 to read as follows:
26-17 Sec. 501.055. REPORT OF INMATE DEATH<; CRIMINAL PENALTY>.
26-18 (a) If an inmate dies while confined in a facility operated by or
26-19 under contract with the department <the custody of the
26-20 institutional division>, <the director of the institutional
26-21 division, or> an employee of the facility who is <division> in
26-22 charge of the inmate shall immediately notify the nearest justice
26-23 of the peace serving in the county in which the inmate died and the
26-24 office of internal affairs for the department. The justice shall
26-25 personally inspect the body and make an inquiry as to the cause of
26-26 death. The justice shall make written copies of evidence taken
26-27 during the inquest, and give one copy to the director and one copy
26-28 to a district judge serving in the county in which the inmate died.
26-29 The judge shall provide the copy to the grand jury and, if the
26-30 judge determines the evidence indicates wrongdoing, instruct the
26-31 grand jury to thoroughly investigate the cause of death.
26-32 (b) Subsection (a) does not apply if the inmate:
26-33 (1) dies of natural causes while attended by a
26-34 physician and an autopsy is scheduled to be performed; or
26-35 (2) is lawfully executed <An employee of the
26-36 institutional division commits an offense if the employee is in
26-37 charge of an inmate who dies and the employee fails to immediately
26-38 notify a justice of the peace of the death in the manner required
26-39 by Subsection (a).>
26-40 <(c) An offense under Subsection (b) is a misdemeanor
26-41 punishable by:>
26-42 <(1) a fine of not less than $100 or more than $500;
26-43 and>
26-44 <(2) confinement in jail for not less than 60 days or
26-45 more than one year>.
26-46 SECTION 1.091. Section 501.056, Government Code, is amended
26-47 to read as follows:
26-48 Sec. 501.056. Contract for Care of Mentally Ill and Mentally
26-49 Retarded Inmates. The department <institutional division> shall
26-50 contract with the Texas Department of Mental Health and Mental
26-51 Retardation for provision of Texas Department of Mental Health and
26-52 Mental Retardation facilities, treatment, and habilitation for
26-53 mentally ill and mentally retarded inmates in the custody of the
26-54 department <division>. The contract must provide:
26-55 (1) detailed characteristics of the mentally ill
26-56 inmate population and the mentally retarded inmate population to be
26-57 affected under the contract;
26-58 (2) for the respective responsibilities of the Texas
26-59 Department of Mental Health and Mental Retardation and the
26-60 department <institutional division> with regard to the care and
26-61 supervision of the affected inmates; and
26-62 (3) that the department <division> remains responsible
26-63 for security.
26-64 SECTION 1.092. Section 501.057, Government Code, is amended
26-65 to read as follows:
26-66 Sec. 501.057. Civil Commitment Before Parole. (a) The
26-67 department <institutional division and the pardons and paroles
26-68 division> shall establish a system to identify mentally ill inmates
26-69 who are nearing eligibility for release on parole.
26-70 (b) <The institutional division shall provide the pardons
27-1 and paroles division with the names of inmates determined by the
27-2 institutional division to be mentally ill.> Not later than the
27-3 30th day before the initial parole eligibility date of an inmate
27-4 identified as mentally ill, <the pardons and paroles division shall
27-5 notify the institutional division that the inmate is about to reach
27-6 the inmate's initial parole eligibility date. After receiving
27-7 notice under this subsection,> an institutional division
27-8 psychiatrist shall examine the inmate. The psychiatrist shall file
27-9 a sworn application for court-ordered temporary mental health
27-10 services under Chapter 574 <3>, <Texas Mental> Health and Safety
27-11 Code <(Article 5547-26 et seq., Vernon's Texas Civil Statutes)>, if
27-12 the psychiatrist determines that the inmate is mentally ill and as
27-13 a result of the illness the inmate meets at least one of the
27-14 criteria listed in Section 574.034 <50>, <Texas Mental> Health and
27-15 Safety Code <(Article 5547-50, Vernon's Texas Civil Statutes)>.
27-16 (c) The psychiatrist shall include with the application a
27-17 sworn certificate of medical examination for mental illness in the
27-18 form prescribed by Section 574.011 <33>, <Texas Mental> Health and
27-19 Safety Code <(Article 5547-33, Vernon's Texas Civil Statutes)>.
27-20 (d) The institutional division is liable for costs incurred
27-21 for a hearing under Chapter 574 <3>, <Texas Mental> Health and
27-22 Safety Code <(Article 5547-26 et seq., Vernon's Texas Civil
27-23 Statutes)>, that follows an application filed by a division
27-24 psychiatrist under this section.
27-25 SECTION 1.093. Section 501.093(a), Government Code, is
27-26 amended to read as follows:
27-27 (a) The department <institutional division, the pardons and
27-28 paroles division>, the Texas Department of Mental Health and Mental
27-29 Retardation, and the Texas Commission on Alcohol and Drug Abuse
27-30 shall by rule adopt a memorandum of understanding that establishes
27-31 their respective responsibilities to establish a continuity of care
27-32 program for inmates with a history of drug or alcohol abuse.
27-33 SECTION 1.094. Sections 501.0931(f) and (i), Government
27-34 Code, are amended to read as follows:
27-35 (f) The institutional division shall employ or contract with
27-36 <through the Texas Commission on Alcohol and Drug Abuse to provide>
27-37 qualified professionals to implement the program. For purposes of
27-38 this subsection, a "qualified professional" is a person who:
27-39 (1) is a certified alcohol and drug abuse counselor;
27-40 (2) is a certified social worker or advanced clinical
27-41 practitioner and who has at least two years of experience in
27-42 chemical dependency counseling; or
27-43 (3) is a licensed professional counselor, physician,
27-44 or psychologist and who has at least two years of experience in
27-45 chemical dependency counseling.
27-46 (i) The institutional division shall provide at least 800
27-47 beds for housing participants in the program<;>
27-48 <(1) at least 450 beds for male inmates and 50 beds
27-49 for female inmates in fiscal year 1992;>
27-50 <(2) at least 900 beds for male inmates and 100 beds
27-51 for female inmates in fiscal year 1993;>
27-52 <(3) at least 1,300 beds for male inmates and 200 beds
27-53 for female inmates in fiscal year 1994; and>
27-54 <(4) at least 1,700 beds for male inmates and 300 beds
27-55 for female inmates in fiscal year 1995 and each fiscal year after
27-56 that year>. The institutional division not less often than every
27-57 two years shall determine whether the division should increase the
27-58 number of beds provided by the division for the program.
27-59 SECTION 1.095. Section 501.095(a), Government Code, is
27-60 amended to read as follows:
27-61 (a) The department <institutional division, the pardons and
27-62 paroles division,> and the Texas Employment Commission shall by
27-63 rule adopt a memorandum of understanding that establishes their
27-64 respective responsibilities to establish a continuity of care
27-65 program for inmates with a history of chronic unemployment.
27-66 SECTION 1.096. Section 501.096(d), Government Code, is
27-67 amended to read as follows:
27-68 (d) The department <institutional division and the pardons
27-69 and paroles division> shall determine <cooperate in determining>
27-70 the special needs of inmates who have served long terms of
28-1 confinement in the institutional division and shall identify and
28-2 develop community resources to meet those needs.
28-3 SECTION 1.097. Section 507.001, Government Code, is amended
28-4 to read as follows:
28-5 Sec. 507.001. Authority to Operate or Contract for State
28-6 Jail Felony Facilities. (a) The state jail division may operate,
28-7 maintain, and manage state jail felony facilities to confine
28-8 inmates described by Section 507.002, and the department <board>
28-9 may finance and construct those facilities. The state jail
28-10 division, with the approval of the board, may contract with the
28-11 institutional division, a private vendor, a community supervision
28-12 and corrections department, or the commissioners court of a county
28-13 for the construction, operation, maintenance, or management of a
28-14 state jail felony facility. The community justice assistance
28-15 division shall assist the state jail division to<, with the
28-16 approval of the board, may> contract with <or make a grant to> a
28-17 community supervision and corrections department for the
28-18 construction, operation, maintenance, or management of a state jail
28-19 felony facility. The state jail division shall consult with the
28-20 community justice assistance division before contracting with a
28-21 community supervision and corrections department under this
28-22 section. A community supervision and corrections department or the
28-23 commissioners court of a county that contracts <or receives a
28-24 grant> under this section may subcontract with a private vendor for
28-25 the provision of any or all services described by this subsection.
28-26 A community supervision and corrections department that contracts
28-27 <or receives a grant> under this section may subcontract with the
28-28 commissioners court of a county for the provision of any or all
28-29 services described by this subsection. The board may contract with
28-30 a private vendor or the commissioners court of a county for the
28-31 financing or construction of a state jail felony facility.
28-32 (b) The community justice assistance division and the state
28-33 jail division shall develop and implement<, after consultation with
28-34 the advisory committee on community supervision and corrections
28-35 department management to the judicial advisory council to the
28-36 community justice assistance division, shall adopt reasonable rules
28-37 and procedures establishing minimum requirements for> work programs
28-38 and programs of rehabilitation, education, and recreation in state
28-39 jail felony facilities <operated under contracts with or grants
28-40 from the community justice assistance division>. For each state
28-41 jail felony facility <operated by or for the state jail division>,
28-42 the community justice assistance division and the state jail
28-43 division shall consult with <request the assistance of> the
28-44 community supervision and corrections departments and the community
28-45 justice councils served by the facility in developing <work>
28-46 programs <and programs of rehabilitation, education, and recreation
28-47 for defendants confined> in that <the> facility, and shall develop
28-48 the programs in a manner that makes appropriate use of facilities
28-49 and personnel of the community supervision and corrections
28-50 departments. In developing the programs, the state jail division
28-51 and the community justice assistance division shall attempt to
28-52 structure programs so that they are operated on a 90-day cycle,
28-53 although the divisions should deviate from a 90-day schedule as
28-54 necessary to meet the requirements of a particular program.
28-55 (c) Services <The board shall ensure that a service>
28-56 described by Subsection (a) must be <is> provided in compliance
28-57 with standards established by the board<, whether the board, the
28-58 state jail division, or the community justice assistance division
28-59 provides the service or contracts with or makes a grant to an
28-60 entity listed in Subsection (a) for the provision of the service>.
28-61 Programs <The board shall ensure that a program> described by
28-62 Subsection (b) must be <is> provided in compliance with minimum
28-63 requirements established under Subsection (b)<, whether the state
28-64 jail division or the community justice assistance division provides
28-65 the service or contracts with or makes a grant to an entity listed
28-66 in Subsection (a) for the provision of the service>.
28-67 (d) A state jail felony facility authorized by this
28-68 subchapter may be located on private land or on land owned by the
28-69 federal government, the state, a community supervision and
28-70 corrections department, or a political subdivision of the state.
29-1 The board may accept land donated for that purpose.
29-2 (e) A commissioners court of a county or a community
29-3 supervision and corrections department may not enter into a
29-4 contract <or receive a grant> under this section unless:
29-5 (1) the commissioners court or department first
29-6 consults with the community justice council serving the county or
29-7 serving the department; and
29-8 (2) the most recent community justice plan for the
29-9 county or department served by the community justice council that
29-10 has been approved by the community justice assistance division
29-11 describes the contract <or grant>.
29-12 SECTION 1.098. Section 507.006(a), Government Code, is
29-13 amended to read as follows:
29-14 (a) Notwithstanding any other provision of this subchapter,
29-15 the state jail division, with the approval of the board, may
29-16 designate one or more state jail felony facilities to house inmates
29-17 who are eligible for confinement in a transfer facility under
29-18 Section 499.152, but only if the designation does not deny
29-19 placement in a state jail felony facility of defendants required to
29-20 serve terms of confinement in a facility following conviction of
29-21 state jail felonies. The division may not house in a state jail
29-22 felony facility an inmate who:
29-23 (1) has a history of or has shown a pattern of violent
29-24 or assaultive behavior in county jail or a facility operated by the
29-25 department; or
29-26 (2) will increase the likelihood of harm to the public
29-27 if housed in the facility.
29-28 SECTION 1.099. Subchapter B, Chapter 507, Government Code,
29-29 is amended by adding Section 507.028 to read as follows:
29-30 Sec. 507.028. FURLOUGH PROGRAM. (a) The director of a
29-31 state jail felony facility may grant a furlough to a defendant so
29-32 that the defendant may:
29-33 (1) obtain a medical diagnosis or medical treatment;
29-34 (2) obtain treatment and supervision at a Texas
29-35 Department of Mental Health and Mental Retardation facility;
29-36 (3) attend a funeral or visit a critically ill
29-37 relative; or
29-38 (4) participate in a programmatic activity sanctioned
29-39 by the state jail division.
29-40 (b) The state jail division shall adopt policies for the
29-41 administration of the furlough program.
29-42 (c) A defendant furloughed under this section is considered
29-43 to be in the custody of the state jail division, even if the
29-44 defendant is not under physical guard while furloughed.
29-45 SECTION 1.100. Subchapter B, Chapter 507, Government Code,
29-46 is amended by adding Section 507.029 to read as follows:
29-47 Sec. 507.029. USE OF INMATE LABOR. The department may use
29-48 the labor of inmates of the institutional division in any work or
29-49 community service program or project performed by the state jail
29-50 division.
29-51 SECTION 1.101. Subchapter B, Chapter 507, Government Code,
29-52 is amended by adding Section 507.030 to read as follows:
29-53 Sec. 507.030. VISITATION. (a) The state jail division
29-54 shall allow the governor, members of the legislature, and officials
29-55 of the executive and judicial branches to enter during business
29-56 hours any part of a facility operated by the division, for the
29-57 purpose of observing the operations of the division. A visitor
29-58 described by this subsection may talk with defendants away from
29-59 division employees.
29-60 (b) The state jail division shall establish a visitation
29-61 policy for persons confined in state jail felony facilities.
29-62 SECTION 1.102. (a) The chapter heading of Chapter 495,
29-63 Government Code, is amended to read as follows:
29-64 CHAPTER 495. <INSTITUTIONAL DIVISION:> CONTRACTS
29-65 FOR CORRECTIONAL FACILITIES AND SERVICES
29-66 (b) The chapter heading of Chapter 496, Government Code, is
29-67 amended to read as follows:
29-68 CHAPTER 496. <INSTITUTIONAL DIVISION:> LAND AND PROPERTY
29-69 (c) The subchapter heading of Subchapter A, Chapter 496,
29-70 Government Code, is amended to read as follows:
30-1 SUBCHAPTER A. <INSTITUTIONAL DIVISION> LAND
30-2 (d) The chapter heading of Chapter 497, Government Code, is
30-3 amended to read as follows:
30-4 CHAPTER 497. <INSTITUTIONAL DIVISION:> INDUSTRY
30-5 AND AGRICULTURE; LABOR OF INMATES
30-6 (e) The chapter heading of Chapter 499, Government Code, is
30-7 amended to read as follows:
30-8 CHAPTER 499. <INSTITUTIONAL DIVISION:> POPULATION
30-9 MANAGEMENT; SPECIAL PROGRAMS
30-10 (f) The chapter heading of Chapter 500, Government Code, is
30-11 amended to read as follows:
30-12 CHAPTER 500. <INSTITUTIONAL DIVISION:> MISCELLANEOUS
30-13 DISCIPLINARY MATTERS
30-14 (g) The chapter heading of Chapter 501, Government Code, is
30-15 amended to read as follows:
30-16 CHAPTER 501. <INSTITUTIONAL DIVISION:> INMATE WELFARE
30-17 SECTION 1.103. Section 38.01(2), Penal Code, is amended to
30-18 read as follows:
30-19 (2) "Escape" means unauthorized departure from custody
30-20 or failure to return to custody following temporary leave for a
30-21 specific purpose or limited period or leave that is part of an
30-22 intermittent sentence, but does not include a violation of
30-23 conditions of community supervision or parole other than conditions
30-24 that impose a period of confinement in a secure correctional
30-25 facility.
30-26 SECTION 1.104. Section 39.05, Penal Code, is amended to read
30-27 as follows:
30-28 Sec. 39.05. FAILURE TO REPORT DEATH OF PRISONER. (a) A
30-29 person commits an offense if the person is required to conduct an
30-30 investigation and file a report by Article 49.18, Code of Criminal
30-31 Procedure, and the person fails to investigate the death, fails to
30-32 file the report as required, or fails to include in a filed report
30-33 facts known or discovered in the investigation.
30-34 (b) A person commits an offense if the person is required by
30-35 Section 501.055, Government Code, to:
30-36 (1) give notice of the death of an inmate and the
30-37 person fails to give the notice; or
30-38 (2) conduct an investigation and file a report and the
30-39 person:
30-40 (A) fails to conduct the investigation or file
30-41 the report; or
30-42 (B) fails to include in the report facts known
30-43 to the person or discovered by the person in the investigation.
30-44 (c) An offense under this section is a Class B misdemeanor.
30-45 SECTION 1.105. Article 49.04(a), Code of Criminal Procedure,
30-46 is amended to read as follows:
30-47 (a) A justice of the peace shall conduct an inquest into the
30-48 death of a person who dies in the county served by the justice if:
30-49 (1) the person dies in prison under circumstances
30-50 other than those described by Section 501.055(b), Government Code,
30-51 or in jail;
30-52 (2) the person dies an unnatural death from a cause
30-53 other than a legal execution;
30-54 (3) the body of the person is found and the cause or
30-55 circumstances of death are unknown;
30-56 (4) the circumstances of the death indicate that the
30-57 death may have been caused by unlawful means;
30-58 (5) the person commits suicide or the circumstances of
30-59 the death indicate that the death may have been caused by suicide;
30-60 (6) the person dies without having been attended by a
30-61 physician;
30-62 (7) the person dies while attended by a physician who
30-63 is unable to certify the cause of death and who requests the
30-64 justice of the peace to conduct an inquest; or
30-65 (8) the person is a child who is younger than 18
30-66 months of age and the suspected cause of death is sudden infant
30-67 death syndrome.
30-68 SECTION 1.106. Article 49.18, Code of Criminal Procedure, is
30-69 amended by adding Subsection (c) to read as follows:
30-70 (c) This article does not apply to a death that occurs in a
31-1 facility operated by or under contract with the Texas Department of
31-2 Criminal Justice.
31-3 SECTION 1.107. Chapter 614, Health and Safety Code, is
31-4 amended by adding Section 614.017 to read as follows:
31-5 Sec. 614.017. EXCHANGE OF INFORMATION. (a) An agency
31-6 authorized by this chapter to provide continuity of care for a
31-7 special needs offender may:
31-8 (1) receive information relating to a convicted felon
31-9 regardless of whether other state law makes that information
31-10 confidential, if the agency receives the information to further the
31-11 purposes of this chapter; or
31-12 (2) disclose information relating to a convicted
31-13 felon, including information about the felon's identity, needs,
31-14 treatment, social, criminal, and vocational history, and medical
31-15 and mental health history, if the agency discloses the information
31-16 to further the purposes of this chapter.
31-17 (b) This section is not intended to conflict with a federal
31-18 law that restricts the disclosure of information described by
31-19 Subsection (a).
31-20 SECTION 1.108. Subchapter B, Chapter 101, Civil Practice and
31-21 Remedies Code, is amended by adding Section 101.029 to read as
31-22 follows:
31-23 Sec. 101.029. LIABILITY FOR CERTAIN CONDUCT OF STATE PRISON
31-24 INMATES. (a) The Department of Criminal Justice is liable for
31-25 property damage, personal injury, and death proximately caused by
31-26 the wrongful act or omission or the negligence of an inmate or
31-27 state jail defendant housed in a facility operated by the
31-28 department if:
31-29 (1) the property damage, personal injury, or death
31-30 arises from the operation or use of a motor-driven vehicle or
31-31 motor-driven equipment;
31-32 (2) the inmate or defendant would be personally liable
31-33 to the claimant according to Texas law; and
31-34 (3) the act, omission, or negligence was committed by
31-35 the inmate or defendant acting in the course and scope of a task or
31-36 activity that:
31-37 (A) the inmate or defendant performed at the
31-38 request of an employee of the department; and
31-39 (B) the inmate or defendant performed under the
31-40 control or supervision of the department.
31-41 (b) This section does not apply to property damage, personal
31-42 injury, or death sustained by an inmate or state jail defendant.
31-43 SECTION 1.109. Section 171.651, Tax Code, is amended to read
31-44 as follows:
31-45 Sec. 171.651. Definitions. In this subchapter:
31-46 (1) "Department" means the Texas Department of
31-47 Criminal Justice.
31-48 (2) "Inmate" means an inmate in a prison industries
31-49 program operated by the prison industries office of the department
31-50 <institutional division> under Subchapter A, Chapter 497,
31-51 Government Code.
31-52 <(2) "Institutional division" means the institutional
31-53 division of the Texas Department of Criminal Justice.>
31-54 SECTION 1.110. Sections 171.653(a) and (b), Tax Code, are
31-55 amended to read as follows:
31-56 (a) The amount of the credit for wages paid by a corporation
31-57 to an inmate is equal to 10 percent of that portion of the wages
31-58 paid that the department <institutional division> apportions to the
31-59 state under Section 497.004(b)(3), Government Code, as
31-60 reimbursement for the cost of the inmate's confinement.
31-61 (b) A corporation is eligible for the credit under this
31-62 section only if it receives before the due date of its franchise
31-63 tax report for the privilege period for which the credit is claimed
31-64 a written certification from the department <institutional
31-65 division> stating the amount of the wages that the corporation paid
31-66 to an inmate during the privilege period and the amount of those
31-67 wages that the department <institutional division> apportioned to
31-68 the state as reimbursement for the cost of the inmate's
31-69 confinement.
31-70 SECTION 1.111. Sections 171.654(a) and (b), Tax Code, are
32-1 amended to read as follows:
32-2 (a) The amount of the credit for wages paid by a corporation
32-3 to an employee who was employed by the corporation when the
32-4 employee was an inmate is equal to 10 percent of that portion of
32-5 the wages paid that, were the employee still an inmate, the
32-6 department <institutional division> would apportion to the state
32-7 under Section 497.004(b)(3), Government Code, as reimbursement for
32-8 the cost of the inmate's confinement.
32-9 (b) A corporation is eligible for the credit under this
32-10 section only if:
32-11 (1) the employee who was formerly an inmate was
32-12 continuously employed for not less than six months while an inmate
32-13 and has been continuously employed by the corporation for at least
32-14 one year after the date that the employee was released from prison;
32-15 (2) the nature of the employment is substantially
32-16 similar to the employment the employee had with the corporation
32-17 when the employee was an inmate or the employment requires more
32-18 skills or provides greater opportunities for the employee;
32-19 (3) the corporation has provided the department
32-20 <institutional division> a statement of the amount of wages paid
32-21 the employee during the accounting period on which the credit is
32-22 computed; and
32-23 (4) the corporation receives before the due date of
32-24 its franchise tax report for the privilege period for which the
32-25 credit is claimed a written certification from the department
32-26 <institutional division> stating the amount of the wages that, were
32-27 the employee still an inmate, the department <institutional
32-28 division> would have apportioned to the state as reimbursement for
32-29 the cost of the inmate's confinement.
32-30 SECTION 1.112. Section 492.012, Government Code, is amended
32-31 to read as follows:
32-32 Sec. 492.012. SUNSET PROVISION. The Texas Board of Criminal
32-33 Justice and the Texas Department of Criminal Justice are subject to
32-34 Chapter 325 (Texas Sunset Act). Unless continued in existence as
32-35 provided by that chapter, the board and the department are
32-36 abolished September 1, 1999 <1997>.
32-37 SECTION 1.113. Sections 493.009(o), 494.005, 494.009,
32-38 494.010, 494.011 (as added by Chapter 988, Acts of the 73rd
32-39 Legislature, Regular Session, 1993), 499.006, 499.051, 499.054,
32-40 499.072, and 507.006(c), Government Code, are repealed.
32-41 SECTION 1.114. (a) The amendment made by this article to
32-42 Section 501.055, Government Code, does not apply to an offense
32-43 committed under Subsection (c) of that section before the effective
32-44 date of this article. An offense under Subsection (c) of that
32-45 section committed before the effective date of this article is
32-46 covered by Section 501.055 as it existed on the date on which the
32-47 offense was committed, and the former law is continued in effect
32-48 for that purpose.
32-49 (b) The amendments made by this article to Sections 38.01
32-50 and 39.05, Penal Code, apply only to offenses committed on or after
32-51 the effective date of this article. An offense committed before
32-52 the effective date of this article is covered by the law in effect
32-53 when the offense was committed, and the former law is continued in
32-54 effect for that purpose.
32-55 (c) For purposes of this section, an offense is committed
32-56 before the effective date of this article if any element of the
32-57 offense occurs before that date.
32-58 SECTION 1.115. The change in law made by this article to
32-59 Chapter 101, Civil Practice and Remedies Code, applies only to a
32-60 cause of action that accrues on or after the effective date of this
32-61 article. An action that accrued before the effective date of this
32-62 article is governed by the law applicable to the action as it
32-63 existed immediately before the effective date of this article, and
32-64 that law is continued in effect for that purpose.
32-65 SECTION 1.116. (a) Except as provided by Subsection (b),
32-66 this article takes effect September 1, 1995.
32-67 (b) Sections 1.020 and 1.060 take effect immediately.
32-68 ARTICLE 2
32-69 SECTION 2.001. Section 2, Article 42.18, Code of Criminal
32-70 Procedure, is amended by amending Subdivisions (1), (2), (5), and
33-1 (8) and by adding Subdivision (9) to read as follows:
33-2 (1) "Parole" means the discretionary and conditional
33-3 release of an eligible prisoner sentenced to <from the physical
33-4 custody of> the institutional division so that the prisoner may <of
33-5 the Texas Department of Criminal Justice if the prisoner
33-6 contractually agrees to> serve the remainder of his sentence under
33-7 the supervision and control of the pardons and paroles division.
33-8 Parole shall not be construed to mean a commutation of sentence or
33-9 any other form of executive clemency.
33-10 (2) "Mandatory supervision" means the release of an
33-11 eligible prisoner sentenced to <from the physical custody of> the
33-12 institutional division so that the prisoner may <but not on parole,
33-13 to> serve the remainder of his sentence not on parole but under the
33-14 supervision and control of the pardons and paroles division.
33-15 Mandatory supervision may not be construed as a commutation of
33-16 sentence or any other form of executive clemency.
33-17 (5) "Director" means the director of the pardons and
33-18 paroles division.
33-19 (8) "Division <Pardons and paroles division>" means
33-20 the pardons and paroles division of the Texas Department of
33-21 Criminal Justice.
33-22 (9) "Department" means the Texas Department of
33-23 Criminal Justice.
33-24 SECTION 2.002. Sections 4(a), (b), (c), (g), and (h),
33-25 Article 42.18, Code of Criminal Procedure, are amended to read as
33-26 follows:
33-27 (a) Board members must be representative of the general
33-28 public. A member must be a resident citizen of this state and must
33-29 have resided in this state for the two years preceding appointment.
33-30 A person is not eligible for appointment as a public member if the
33-31 person or the person's spouse:
33-32 (1) is employed by or participates in the management
33-33 of a business entity or other organization receiving funds from the
33-34 department or the board <Texas Department of Criminal Justice>;
33-35 (2) owns or controls directly or indirectly more than
33-36 a 10 percent interest in a business entity or other organization
33-37 regulated by the department <Texas Department of Criminal Justice>
33-38 or receiving funds from the department or the board; or
33-39 (3) uses or receives a substantial amount of tangible
33-40 goods, services, or funds from the department or the board <Texas
33-41 Department of Criminal Justice>, other than compensation or
33-42 reimbursement authorized by law for board membership, attendance,
33-43 or expenses.
33-44 (b) An employee or paid officer or consultant of a trade
33-45 association in the field of criminal justice may not be a member of
33-46 the board or an employee of the <pardons and paroles> division or
33-47 the board. A person who is the spouse of any manager or paid
33-48 consultant of a trade association in the field of criminal justice
33-49 may not be a member of the board and may not be an employee of the
33-50 <pardons and paroles> division or the board, including an employee
33-51 exempt from the state's classification plan, who is compensated at
33-52 or above the amount prescribed by the General Appropriations Act
33-53 for step 1, salary group 17, of the position classification salary
33-54 schedule. For the purposes of this section, a trade association is
33-55 a nonprofit, cooperative, and voluntarily joined association of
33-56 business or professional competitors designed to assist its members
33-57 and its industry or profession in dealing with mutual business or
33-58 professional problems and in promoting their common interests.
33-59 (c) A person who is required to register as a lobbyist under
33-60 Chapter 305, Government Code, by virtue of the person's activities
33-61 for compensation in or on behalf of a profession related to the
33-62 operation of the board, may not serve as a member of the board or
33-63 act as the general counsel to the <pardons and paroles> division.
33-64 (g) If the director has knowledge that a potential ground
33-65 for removal exists, the director shall notify the chairman of the
33-66 board <Texas Board of Criminal Justice> of the ground. The
33-67 chairman of the board <Texas Board of Criminal Justice> shall then
33-68 notify the governor that a potential ground for removal exists.
33-69 (h) The financial transactions of the <pardons and paroles>
33-70 division and the board are subject to audit by the state auditor in
34-1 accordance with Chapter 321, Government Code.
34-2 SECTION 2.003. Section 6(b), Article 42.18, Code of Criminal
34-3 Procedure, is amended to read as follows:
34-4 (b) The executive director of the department <Texas
34-5 Department of Criminal Justice> shall hire the director. The
34-6 director is responsible for the day-to-day administration of the
34-7 <pardons and paroles> division.
34-8 SECTION 2.004. Section 6, Article 42.18, Code of Criminal
34-9 Procedure, is amended by adding Subsection (d) to read as follows:
34-10 (d) The board, after consultation with the governor and the
34-11 Texas Board of Criminal Justice, shall adopt a mission statement
34-12 that reflects those responsibilities for the operation of the
34-13 parole process that are assigned to the board and those
34-14 responsibilities for the operation of the parole process that are
34-15 assigned to the division, the department, or the Texas Board of
34-16 Criminal Justice. The board shall include in the mission statement
34-17 a description of specific locations at which the board intends to
34-18 conduct business related to the operation of the parole process.
34-19 SECTION 2.005. (a) Article 42.18, Code of Criminal
34-20 Procedure, is amended by adding Section 8B to read as follows:
34-21 Sec. 8B. PAROLEE RESTITUTION FUND. (a) The parolee
34-22 restitution fund is a fund outside the treasury and consists of
34-23 restitution payments made by persons released on parole or
34-24 mandatory supervision. Money in the fund may be used only to pay
34-25 restitution as required by a condition of parole or release to
34-26 mandatory supervision to victims of criminal offenses.
34-27 (b) The state treasurer shall be the trustee of the parolee
34-28 restitution fund as provided by Section 404.073, Government Code.
34-29 (c) When the board orders the payment of restitution in the
34-30 manner prescribed by Article 42.037(h) from a person released on
34-31 parole or mandatory supervision, the department shall:
34-32 (1) collect the payment for disbursement to the
34-33 victim;
34-34 (2) deposit the payment in the parolee restitution
34-35 fund; and
34-36 (3) transmit the payment to the victim as soon as
34-37 practicable.
34-38 (d) If a victim who is entitled to restitution cannot be
34-39 located, immediately after receiving a final payment in
34-40 satisfaction of an order of restitution for the victim, the
34-41 department shall attempt to notify the victim of that fact by
34-42 certified mail, mailed to the last known address of the victim. If
34-43 a victim then makes a claim for payment, the department promptly
34-44 shall remit the payment to the victim. Money that remains
34-45 unclaimed shall be transferred to the general revenue fund of the
34-46 state treasury on the fifth anniversary of the date on which the
34-47 money was deposited to the credit of the compensation to victims of
34-48 crime auxiliary fund.
34-49 (b) The parole division of the Texas Department of Criminal
34-50 Justice not later than the 30th day after the effective date of
34-51 this article shall deposit any restitution money received before
34-52 the effective date of this article but not paid to a victim in the
34-53 parolee restitution fund in the manner provided by Section 8B,
34-54 Article 42.18, Code of Criminal Procedure, as added by this
34-55 article.
34-56 SECTION 2.006. Section 9, Article 42.18, Code of Criminal
34-57 Procedure, is amended to read as follows:
34-58 Sec. 9. Duty to Provide Information, Computers, and Offices.
34-59 (a) It shall be the duty of any judge, district attorney, county
34-60 attorney, police officer, or other public official of the state
34-61 having information with reference to any prisoner eligible for
34-62 parole to send in writing such information as may be in his
34-63 possession or under his control to the department <pardons and
34-64 paroles division>, upon request of any member of the Board of
34-65 Pardons and Paroles or employee of the board or the department
34-66 <pardons and paroles division>.
34-67 (b) The department <Texas Department of Criminal Justice>
34-68 may, by interagency contract, provide to the board necessary
34-69 computer equipment and computer access to all computerized records
34-70 and physical access to all hard copy records in the custody of the
35-1 department that are related to the duties and functions of the
35-2 board.
35-3 (c) The department <Texas Department of Criminal Justice>
35-4 may, by interagency contract, provide to the board necessary and
35-5 appropriate office space in the locations designated by the
35-6 chairman of the board and utilities and communication equipment.
35-7 SECTION 2.007. Section 10, Article 42.18, Code of Criminal
35-8 Procedure, is amended to read as follows:
35-9 Sec. 10. Access to Prisoners. It shall be the duty of the
35-10 department <institutional division> to grant to the members and
35-11 employees of the board <and employees of the board and the pardons
35-12 and paroles division> access at all reasonable times to any
35-13 prisoner, to provide for the members and employees or such
35-14 representatives facilities for communicating with and observing
35-15 such prisoner, and to furnish to the members and employees such
35-16 reports as the members and employees shall require concerning the
35-17 conduct and character of any prisoner in their custody and any
35-18 other facts deemed by a parole panel pertinent in determining
35-19 whether such prisoner shall be paroled.
35-20 SECTION 2.008. Sections 11(a), (c), (d), (e), (f), (g), (i),
35-21 and (m), Article 42.18, Code of Criminal Procedure, are amended to
35-22 read as follows:
35-23 (a) The board shall adopt rules as to:
35-24 (1) the submission and presentation of information and
35-25 arguments to the board, parole panels, and the department <pardons
35-26 and paroles division> for and in behalf of an inmate; and
35-27 (2) the time, place, and manner of contact between a
35-28 person representing an inmate and a member of the board, an
35-29 employee of the board, or an employee of the department <pardons
35-30 and paroles division>.
35-31 (c) A person required to register under this section shall
35-32 file a fee affidavit with the department <pardons and paroles
35-33 division> in a form prescribed by the department <division> for
35-34 each inmate the person represents for compensation before the
35-35 person first contacts a member of the board, an employee of the
35-36 board, or an employee of the department <pardons and paroles
35-37 division> on behalf of the inmate.
35-38 (d) The fee affidavit must be written and verified and
35-39 contain:
35-40 (1) the registrant's full name and address;
35-41 (2) the registrant's normal business, business phone
35-42 number, and business address;
35-43 (3) the full name of any former member or employee of
35-44 the Board of Pardons and Paroles or the Texas Board of Criminal
35-45 Justice or any former employee of the department <Texas Department
35-46 of Criminal Justice> with whom the person:
35-47 (A) is associated;
35-48 (B) has a relationship as an employer or
35-49 employee; or
35-50 (C) maintains a contractual relationship to
35-51 provide services;
35-52 (4) the full name and institutional identification
35-53 number of the inmate the registrant represents;
35-54 (5) the amount of compensation the person has received
35-55 or expects to receive in exchange for the representation; and
35-56 (6) the name of the person making the compensation.
35-57 (e) The department <division> shall, not later than the
35-58 third day after the date the fee affidavit is filed, place a copy
35-59 of the affidavit in the file of an inmate that a parole panel or
35-60 the board reviews. The department <division> shall also keep a
35-61 copy of each fee affidavit in a central location.
35-62 (f) If a person who has registered under this section
35-63 receives compensation in excess of the amount reported on the fee
35-64 affidavit, the person must file with the department <pardons and
35-65 paroles division>, not later than the fifth day after the date the
35-66 person receives the additional compensation, a supplemental fee
35-67 affidavit in a form prescribed by the department <division>
35-68 indicating the total amount of compensation received for
35-69 representing that inmate. The department <division> shall follow
35-70 the procedures in Subsection (e) <of this section> to process the
36-1 supplemental affidavit.
36-2 (g) A person required to register under this section shall,
36-3 for each calendar year the person represents an inmate, file a
36-4 representation summary form with the Texas Ethics Commission on a
36-5 form prescribed by the commission. The form must be filed not
36-6 later than the last day of January in the first year following the
36-7 reporting period and include:
36-8 (1) the registrant's full name and address;
36-9 (2) the registrant's normal business, business phone
36-10 number, and business address;
36-11 (3) the full name of any former member or employee of
36-12 the Board of Pardons and Paroles or the Texas Board of Criminal
36-13 Justice or any former employee of the department <Texas Department
36-14 of Criminal Justice> with whom the person:
36-15 (A) is associated;
36-16 (B) has a relationship as an employer or
36-17 employee; or
36-18 (C) maintains a contractual relationship to
36-19 provide services;
36-20 (4) the full name and institutional identification
36-21 number of each inmate the registrant represented in the previous
36-22 calendar year; and
36-23 (5) the amount of compensation the person has received
36-24 for representing each inmate in the previous calendar year.
36-25 (i) The Texas Ethics Commission shall submit to the
36-26 department <pardons and paroles division> a copy of each
36-27 representation summary form that is filed.
36-28 (m) In this section:
36-29 (1) "Compensation" has the meaning assigned by Section
36-30 305.002, Government Code.
36-31 (2) "Inmate" includes an administrative releasee, a
36-32 person imprisoned in the institutional division, and a person
36-33 confined in a transfer facility or county jail awaiting transfer to
36-34 the institutional division or awaiting a revocation hearing.
36-35 (3) "Represent" means to directly or indirectly
36-36 contact in person or by telephone, facsimile transmission, or
36-37 correspondence a member or employee of the board or an employee of
36-38 the department <pardons and paroles division> on behalf of an
36-39 inmate.
36-40 SECTION 2.009. Section 13(a), Article 42.18, Code of
36-41 Criminal Procedure, is amended to read as follows:
36-42 (a) A warrant for the return of a paroled prisoner, a
36-43 prisoner released to mandatory supervision, a prisoner released
36-44 although not eligible for release, a resident released to a
36-45 preparole or work program, a prisoner released on emergency
36-46 reprieve or on furlough, or a person released on a conditional
36-47 pardon to the institution from which the person was paroled,
36-48 released, or pardoned may be issued by the director or a designated
36-49 agent of the director in cases of parole or mandatory supervision,
36-50 or by the board on order by the governor in other cases, if there
36-51 is reason to believe that the person has been released although not
36-52 eligible for release, if the person has been arrested for an
36-53 offense, if there is a verified complaint stating that the person
36-54 violated a rule or condition of release, or if there is reliable
36-55 evidence that the person has exhibited behavior during the person's
36-56 release that indicates to a reasonable person that the person poses
36-57 a danger to society that warrants the person's immediate return to
36-58 custody. The person may be held in custody pending a determination
36-59 of all facts surrounding the alleged offense, violation of a rule
36-60 or condition of release, or dangerous behavior. A designated agent
36-61 of the director acts independently from a parole officer and must
36-62 receive specialized training as determined by the director. Such
36-63 warrant shall authorize all officers named therein to take actual
36-64 custody of the prisoner and detain and house the prisoner until a
36-65 parole panel orders the return of the prisoner to the institution
36-66 from which he was released. Pending hearing, as hereinafter
36-67 provided, upon any charge of parole violation, ineligible release,
36-68 or violation of the conditions of mandatory supervision, a prisoner
36-69 returned to custody shall remain incarcerated. If the director, a
36-70 board member, or a designated agent of the director or the board is
37-1 otherwise authorized to issue a warrant under this subsection, the
37-2 <pardons and paroles> division may instead issue to a prisoner a
37-3 summons requiring the prisoner to appear for a hearing under
37-4 Section 14 of this article. The summons must state the time,
37-5 place, date, and purpose of the hearing.
37-6 SECTION 2.010. Section 14, Article 42.18, Code of Criminal
37-7 Procedure, is amended by amending Subsection (a) and by adding
37-8 Subsection (c) to read as follows:
37-9 (a) Whenever a prisoner or a person granted a conditional
37-10 pardon is accused of a violation of his parole, mandatory
37-11 supervision, or conditional pardon, on information and complaint by
37-12 a law enforcement officer or parole officer, or is arrested after
37-13 an ineligible release, he shall be entitled to be heard on such
37-14 charges before a parole panel or a designee of the board under such
37-15 rules as the board may adopt; provided, however, said hearing shall
37-16 be held within 70 days of the date of arrest under a warrant issued
37-17 by the director or a designated agent of the director or by the
37-18 board on order by the governor and at a time and place set by that
37-19 parole panel or designee. The panel or designee may hold the
37-20 hearing at a date later than the date otherwise required by this
37-21 section if it determines a delay is necessary to assure due process
37-22 for the person, except that the authority issuing the warrant shall
37-23 immediately withdraw the warrant if the hearing is not held before
37-24 the 121st day after the date of arrest<, regardless of whether the
37-25 person agrees to delay the hearing until after that date>. If a
37-26 parole panel or designee determines that a parolee, mandatory
37-27 supervisee, or person granted a conditional pardon has been
37-28 convicted in a court of competent jurisdiction of a felony offense
37-29 committed while an administrative releasee and has been sentenced
37-30 by the court to a term of incarceration in a penal institution, the
37-31 determination is to be considered a sufficient hearing to revoke
37-32 the parole or mandatory supervision or recommend to the governor
37-33 revocation of a conditional pardon without further hearing, except
37-34 that the parole panel or designee shall conduct a hearing to
37-35 consider mitigating circumstances if requested by the parolee,
37-36 mandatory supervisee, or person granted a conditional pardon. When
37-37 the parole panel or designee has heard the facts, the board may
37-38 recommend to the governor that the conditional pardon be continued,
37-39 revoked, or modified, or it may continue, revoke, or modify the
37-40 parole or mandatory supervision, in any manner warranted by the
37-41 evidence. The parole panel or designee must make its
37-42 recommendation or decision no later than the 30th day after the
37-43 date the hearing is concluded. When a person's parole, mandatory
37-44 supervision, or conditional pardon is revoked, that person may be
37-45 required to serve the portion remaining of the sentence on which he
37-46 was released, such portion remaining to be calculated without
37-47 credit for the time from the date of his release to the date of
37-48 revocation. When a warrant is issued charging a violation of
37-49 release conditions, the sentence time credit may be suspended until
37-50 a determination is made in such case and such suspended time credit
37-51 may be reinstated should such parole, mandatory supervision, or
37-52 conditional pardon be continued.
37-53 (c) The requirement in Subsection (a) that a warrant be
37-54 withdrawn does not apply if the person:
37-55 (1) has been removed from the custody of a county
37-56 sheriff by the department and placed in a community residential
37-57 facility;
37-58 (2) is in custody in another state or in a federal
37-59 correctional facility;
37-60 (3) is granted a continuance, not to exceed the 181st
37-61 day after the arrest, or the attorney representing the person or
37-62 the attorney representing the state is granted a continuance, not
37-63 to exceed the 181st day after the arrest; or
37-64 (4) is subject to pending criminal charges that have
37-65 not been adjudicated.
37-66 SECTION 2.011. Section 18, Article 42.18, Code of Criminal
37-67 Procedure, is amended to read as follows:
37-68 Sec. 18. Confidential Information. (a) Except as provided
37-69 by Subsection (b), all <All> information, including victim protest
37-70 letters or other correspondence, victim impact statements, lists of
38-1 inmates eligible for release on parole, and arrest records of
38-2 inmates, obtained and maintained in connection with inmates of the
38-3 institutional division subject to parole, release to mandatory
38-4 supervision, or executive clemency, or individuals who may be on
38-5 mandatory supervision or parole and under the supervision of the
38-6 pardons and paroles division, or persons directly identified in any
38-7 proposed plan of release for a prisoner, is <including victim
38-8 impact statements, lists of inmates eligible for parole, and
38-9 inmates' arrest records, shall be> confidential and privileged
38-10 <information and shall not be subject to public inspection;
38-11 provided, however, that all such information shall be available to
38-12 the governor, the members of the board, and the Criminal Justice
38-13 Policy Council to perform its duties under Section 413.021,
38-14 Government Code, upon request>.
38-15 (b) Statistical <It is further provided that statistical>
38-16 and general information respecting the parole and mandatory
38-17 supervision program and system, including the names of paroled
38-18 prisoners, prisoners released to mandatory supervision, and data
38-19 recorded in connection with parole and mandatory supervision
38-20 services, is not confidential or privileged and must <shall> be
38-21 made available for <subject to> public inspection at any reasonable
38-22 time.
38-23 (c) On request of the governor, a member of the board, the
38-24 Criminal Justice Policy Council in performing duties of the council
38-25 under Section 413.021, Government Code, or an eligible entity
38-26 requesting information for a law enforcement, prosecutorial,
38-27 correctional, clemency, or treatment purpose, the department may
38-28 provide to the person or entity for that purpose information made
38-29 confidential and privileged by this section.
38-30 (d) In this section, "eligible entity" means:
38-31 (1) a government agency, including the office of a
38-32 prosecuting attorney;
38-33 (2) an organization with which the Texas Department of
38-34 Criminal Justice contracts or an organization to which the
38-35 department provides a grant; or
38-36 (3) an organization to which inmates are referred for
38-37 services by the Texas Department of Criminal Justice.
38-38 SECTION 2.012. Section 22, Article 42.18, Code of Criminal
38-39 Procedure, is amended to read as follows:
38-40 Sec. 22. Electronic Monitoring. In order to establish and
38-41 maintain electronic monitoring programs as authorized by this
38-42 article, the department <pardons and paroles division> may fund
38-43 electronic monitoring programs in parole offices, develop standards
38-44 for the operation of electronic monitoring programs in parole
38-45 offices, and provide funds for the purchase, lease, or maintenance
38-46 of electronic monitoring equipment. In determining whether
38-47 electronic monitoring equipment should be leased or purchased, the
38-48 department <pardons and paroles division> shall take into
38-49 consideration the rate at which technological change makes
38-50 electronic monitoring equipment obsolete.
38-51 SECTION 2.013. Section 23, Article 42.18, Code of Criminal
38-52 Procedure, is amended to read as follows:
38-53 Sec. 23. Special Programs. (a) The department <pardons and
38-54 paroles division>, if funds are appropriated to the department
38-55 <division> for that purpose, may enter into contracts for the
38-56 provision of certain services to be provided to releasees under the
38-57 supervision of the division, including the following:
38-58 (1) services to releasees who have a history of mental
38-59 impairment or mental retardation;
38-60 (2) services to releasees who have a history of
38-61 substance abuse; or
38-62 (3) services to releasees who have a history of sexual
38-63 offenses.
38-64 (b) The department <pardons and paroles division> shall seek
38-65 funding for the contracts as a priority item.
38-66 SECTION 2.014. Section 24, Article 42.18, Code of Criminal
38-67 Procedure, is amended to read as follows:
38-68 Sec. 24. Intensive Supervision. The department <pardons and
38-69 paroles division> shall establish a program to provide intensive
38-70 supervision to inmates released under the provisions of Subchapter
39-1 B, Chapter 499 <498>, Government Code, and other inmates determined
39-2 by parole panels or the department <pardons and paroles division>
39-3 to require intensive supervision. The Texas Board of Criminal
39-4 Justice shall adopt rules that establish standards for determining
39-5 which inmates require intensive supervision. The program must
39-6 provide the highest level of supervision provided by the department
39-7 <pardons and paroles division>.
39-8 SECTION 2.015. Section 25, Article 42.18, Code of Criminal
39-9 Procedure, is amended to read as follows:
39-10 Sec. 25. COMMUNITY RESIDENTIAL <COMMUNITY-BASED> FACILITIES.
39-11 (a) The <pardons and paroles> division may establish and operate
39-12 or contract for the operation of community residential
39-13 <community-based intermediate sanction> facilities to house,
39-14 maintain, and provide services for:
39-15 (1) persons required by a parole panel as a condition
39-16 of parole or mandatory supervision under <Section 8(g) of> this
39-17 article to serve a period in a community-based facility; and
39-18 (2) persons whose release on parole or mandatory
39-19 supervision has been continued or modified under Section 14(a) of
39-20 this article, and on whom sanctions have been imposed under that
39-21 section.
39-22 (b) The purpose of a facility authorized by this section is
39-23 to provide housing, supervision, counseling, personal, social, and
39-24 work adjustment training, and other programs for persons described
39-25 by Subsection (a) of this section.
39-26 (c) The <pardons and paroles> division may not establish a
39-27 community residential facility, enter into a contract for a
39-28 community residential <community-based> facility, change the use of
39-29 a community residential <community-based> facility, significantly
39-30 increase the capacity of a community residential <community-based>
39-31 facility, or increase the capacity of a community residential
39-32 <community-based> facility to more than 500 residents, regardless
39-33 of whether that increase is significant, unless the division or a
39-34 vendor proposing to operate the facility <pardons and paroles
39-35 division> provides notice of the proposed action and a hearing on
39-36 the issues in the same manner as notice and hearing are provided
39-37 <required of the community justice assistance division> under
39-38 Section 9 <10>, Article 42.13<, of this code before the division
39-39 takes an action under Section 5 of that article>. This subsection
39-40 applies to any residential facility that the <pardons and paroles>
39-41 division establishes or contracts for under this article, under
39-42 Subchapter C, Chapter 497, Government Code, or under Subchapter A,
39-43 Chapter 499, Government Code.
39-44 (d) The Texas Board of Criminal Justice shall adopt rules
39-45 necessary for the management of community residential
39-46 <community-based> facilities authorized by this section.
39-47 (e) The <pardons and paroles> division may charge a
39-48 reasonable fee to a person housed in a facility authorized by this
39-49 section for the cost of housing, board, and that part of the
39-50 administrative costs of the facility that may be properly allocable
39-51 to the person. A fee imposed under this subsection may not exceed
39-52 the actual costs to the <pardons and paroles> division for
39-53 services to the person charged for the services. The <pardons and
39-54 paroles> division may not deny placement in a community residential
39-55 <community-based> facility to a person because that person is
39-56 unable to pay a fee authorized by this section.
39-57 (f) A parole panel or a designee of the <pardons and
39-58 paroles> division may grant a limited release to a person placed in
39-59 a community residential <community-based> facility so that the
39-60 person may maintain or seek employment, education or training
39-61 courses, or housing after release from the facility.
39-62 (g) The <pardons and paroles> division may enter into a
39-63 contract with a public or private vendor for the financing,
39-64 construction, operation, or management of community residential
39-65 <community-based> facilities using lease-purchase or installment
39-66 sale contracts to provide or supplement housing, board, or
39-67 supervision for persons placed in community residential
39-68 <community-based> facilities. A person housed or supervised in a
39-69 facility operated by a vendor under a contract is subject to the
39-70 same provisions of law as if the housing or supervision were
40-1 provided directly by the <pardons and paroles> division.
40-2 SECTION 2.016. Section 26, Article 42.18, Code of Criminal
40-3 Procedure, is amended to read as follows:
40-4 Sec. 26. Contracts for Lease of Federal Facilities.
40-5 (a) The department <pardons and paroles division> may contract
40-6 with the federal government for the lease of any military base or
40-7 other federal facility that is not being used by the federal
40-8 government.
40-9 (b) A facility leased under this section may be used by the
40-10 department <pardons and paroles division> for the purpose of
40-11 housing releasees in the custody of the <pardons and paroles>
40-12 division.
40-13 (c) The department <pardons and paroles division> may not
40-14 enter into a contract under this section unless funds have been
40-15 appropriated specifically for the purpose of making payments on
40-16 contracts authorized under this section.
40-17 (d) The department <pardons and paroles division> shall
40-18 attempt to enter into contracts authorized by this section that
40-19 will provide the department <pardons and paroles division> with
40-20 facilities located in the various parts of the state.
40-21 SECTION 2.017. Section 27, Article 42.18, Code of Criminal
40-22 Procedure, is amended to read as follows:
40-23 Sec. 27. Program to Assess and Enhance Educational and
40-24 Vocational Skills. (a) The department <pardons and paroles
40-25 division>, with the assistance of public school districts,
40-26 community and public junior colleges, public and private
40-27 institutions of higher education, and other appropriate public and
40-28 private entities, may establish a developmental program on the
40-29 basis of information developed under Subsection (b)(4), Section 8B,
40-30 <8(k) of this article> for an inmate to be released to the
40-31 supervision of the division.
40-32 (b) The developmental program may provide the inmate with
40-33 the educational and vocational training necessary to:
40-34 (1) meet the average skill level required under
40-35 Section 8B <8(k) of this article>; and
40-36 (2) acquire employment while in the custody <under the
40-37 supervision> of the <pardons and paroles> division, to lessen the
40-38 likelihood that the inmate will return to the institutional
40-39 division.
40-40 (c) To decrease state expenditures for the educational and
40-41 vocational skills assessment and enhancement program established
40-42 under this section, the Texas Department of Commerce shall provide
40-43 information to the department <pardons and paroles division>,
40-44 public school districts, community and public junior colleges,
40-45 public and private institutions of higher education, and other
40-46 appropriate public and private entities for obtaining financial
40-47 assistance through Chapter 301, Labor Code, <the Texas Job-Training
40-48 Partnership Act (Article 4413(52), Vernon's Texas Civil Statutes)>
40-49 and other applicable programs of public or private entities.
40-50 (d) The department <pardons and paroles division> may
40-51 establish a developmental program similar to the program described
40-52 by Subsection (a) of this section for inmates released from the
40-53 institutional division who are not to be supervised by the
40-54 department <division>.
40-55 SECTION 2.018. Section 28, Article 42.18, Code of Criminal
40-56 Procedure, is amended to read as follows:
40-57 Sec. 28. Reporting and Management Services. The department
40-58 <pardons and paroles division>, with the approval of the Texas
40-59 Board of Criminal Justice, may enter into a contract with a public
40-60 or private vendor for the provision of telephone reporting,
40-61 automated caseload management, and collection services for fines,
40-62 fees, restitution, and other costs ordered to be paid by a court or
40-63 fees collected <imposed> by the division.
40-64 SECTION 2.019. Article 48.01, Code of Criminal Procedure, is
40-65 amended to read as follows:
40-66 Art. 48.01. Governor may pardon. In all criminal cases,
40-67 except treason and impeachment, the Governor shall have power,
40-68 after conviction, on the written signed recommendation and advice
40-69 of the Board of Pardons and Paroles, or a majority thereof, to
40-70 grant reprieves and commutations of punishments and pardons; and
41-1 upon the written recommendation and advice of a majority of the
41-2 Board of Pardons and Paroles, he shall have the power to remit
41-3 fines and forfeitures. The Governor shall have the power to grant
41-4 one reprieve in any capital case for a period not to exceed 30
41-5 days; and he shall have power to revoke <paroles and> conditional
41-6 pardons. With the advice and consent of the Legislature, the
41-7 Governor may grant reprieves, commutations of punishment and
41-8 pardons in cases of treason.
41-9 SECTION 2.020. Section 614.002(c), Health and Safety Code,
41-10 is amended to read as follows:
41-11 (c) The executive head of each of the following agencies,
41-12 divisions of agencies, or associations, or that person's designated
41-13 representative, shall serve as a member of the council:
41-14 (1) the institutional division of the Texas Department
41-15 of Criminal Justice;
41-16 (2) the Texas Department of Mental Health and Mental
41-17 Retardation;
41-18 (3) the pardons and paroles division of the Texas
41-19 Department of Criminal Justice;
41-20 (4) the community justice assistance division of the
41-21 Texas Department of Criminal Justice;
41-22 (5) the state jail division of the Texas Department of
41-23 Criminal Justice;
41-24 (6) the Texas Juvenile Probation Commission;
41-25 (7) <(6)> the Texas Youth Commission;
41-26 (8) <(7)> the Texas Rehabilitation Commission;
41-27 (9) <(8)> the Central Education Agency;
41-28 (10) <(9)> the Criminal Justice Policy Council;
41-29 (11) <(10)> the Mental Health Association in Texas;
41-30 (12) <(11)> the Texas Commission on Alcohol and Drug
41-31 Abuse;
41-32 (13) <(12)> the Commission on Law Enforcement Officer
41-33 Standards and Education;
41-34 (14) <(13)> the Texas Council of Community Mental
41-35 Health and Mental Retardation Centers;
41-36 (15) <(14)> the Commission on Jail Standards;
41-37 (16) <(15)> the Texas Planning Council for
41-38 Developmental Disabilities;
41-39 (17) <(16)> the Texas Association for Retarded
41-40 Citizens;
41-41 (18) <(17)> the Texas Alliance for the Mentally Ill;
41-42 (19) <(18)> the Parent Association for the Retarded of
41-43 Texas, Inc.;
41-44 (20) <(19)> the Texas Department of Human Services;
41-45 and
41-46 (21) <(20)> the Texas Department on Aging.
41-47 SECTION 2.021. Section 3(b), Chapter 462, Acts of the 68th
41-48 Legislature, Regular Session, 1983 (Article 4413(51), Vernon's
41-49 Texas Civil Statutes), is amended to read as follows:
41-50 (b) An interagency advisory committee may advise the council
41-51 on administering its duties under this Act. The interagency
41-52 advisory committee is composed of 11 members. The executive head
41-53 of each of the following agencies or the designated representative
41-54 of the executive head shall serve as a member of the interagency
41-55 advisory committee: the <institutional division of the> Texas
41-56 Department of Criminal Justice, <pardons and paroles division of
41-57 the Texas Department of Criminal Justice, community justice
41-58 assistance division of the Texas Department of Criminal Justice,>
41-59 Texas Juvenile Probation Commission, Texas Department of Mental
41-60 Health and Mental Retardation, Texas Youth Commission, Sam Houston
41-61 State University, Department of Protective and Regulatory Services,
41-62 Texas Council of Community Mental Health and Mental Retardation
41-63 Centers, and Texas Department of Health. The director of the
41-64 Criminal Justice Division of the Governor's Office or the
41-65 designated representative of the director shall serve as a member
41-66 of the interagency advisory committee.
41-67 SECTION 2.022. Section 5, Article 42.18, Code of Criminal
41-68 Procedure, is amended to read as follows:
41-69 Sec. 5. SUNSET PROVISIONS. The Board of Pardons and Paroles
41-70 is subject to review under Chapter 325, Government Code (Texas
42-1 Sunset Act), but is not abolished under that chapter. The board
42-2 shall be reviewed in a timely manner to permit recommendations for
42-3 necessary legislation to be made to the 75th Legislature, Regular
42-4 Session, 1997 <during the period in which the Texas Department of
42-5 Criminal Justice is reviewed>.
42-6 SECTION 2.023. This article takes effect September 1, 1995.
42-7 ARTICLE 3
42-8 SECTION 3.001. Sections 8(a), (b), (c), (d), (f), (h), and
42-9 (i), Article 42.09, Code of Criminal Procedure, are amended to read
42-10 as follows:
42-11 (a) A county that transfers a defendant to the
42-12 <institutional division of the> Texas Department of Criminal
42-13 Justice under this article shall deliver to an officer designated
42-14 by the department <the director of the division>:
42-15 (1) a copy of the judgment entered pursuant to Article
42-16 42.01 of this code, completed on a standardized felony judgment
42-17 form described by Section 4 of that article;
42-18 (2) a copy of any order revoking community supervision
42-19 <probation> and imposing sentence pursuant to Section 23, Article
42-20 42.12, of this code, including:
42-21 (A) any amounts owed for restitution, fines, and
42-22 court costs, completed on a standardized felony judgment form
42-23 described by Section 4, Article 42.01, of this code; and
42-24 (B) a copy of the client supervision plan
42-25 prepared for the defendant by the community supervision and
42-26 corrections department supervising the defendant, if such a plan
42-27 was prepared;
42-28 (3) a written report that states the nature and the
42-29 seriousness of each offense and that states the citation to the
42-30 provision or provisions of the Penal Code or other law under which
42-31 the defendant was convicted;
42-32 (4) a copy of the victim impact statement, if one has
42-33 been prepared in the case under Article 56.03 of this code;
42-34 (5) a statement as to whether there was a change in
42-35 venue in the case and, if so, the names of the county prosecuting
42-36 the offense and the county in which the case was tried;
42-37 (6) a copy of the record of arrest for each offense;
42-38 (7) if requested, information regarding the criminal
42-39 history of the defendant, including the defendant's state
42-40 identification number if the number has been issued;
42-41 (8) a copy of the indictment or information for each
42-42 offense;
42-43 (9) a checklist sent by the department to the county
42-44 and completed by the county in a manner indicating that the
42-45 documents required by this subsection and Subsection (c) of this
42-46 section accompany the defendant; and
42-47 (10) a copy of a presentence or postsentence
42-48 investigation report prepared under Section 9, Article 42.12 of
42-49 this code.
42-50 (b) The <institutional division of the> Texas Department of
42-51 Criminal Justice shall not take a defendant into custody under this
42-52 article until the designated officer <director> receives the
42-53 documents required by Subsections (a) and (c) of this section. The
42-54 designated officer <director> shall certify under the seal of the
42-55 department <institutional division> the documents received under
42-56 Subsections (a) and (c) of this section. A document certified
42-57 under this subsection is self-authenticated for the purposes of
42-58 Rules 901 and 902, Texas Rules of Criminal Evidence.
42-59 (c) A county that transfers a defendant to the
42-60 <institutional division of the> Texas Department of Criminal
42-61 Justice under this article shall also deliver to the designated
42-62 officer <director of the division> any presentence or postsentence
42-63 investigation report, revocation report, psychological or
42-64 psychiatric evaluation of the defendant, and available social or
42-65 psychological background information relating to the defendant and
42-66 may deliver to the designated officer <director> any additional
42-67 information upon which the judge or jury bases the punishment
42-68 decision.
42-69 (d) The institutional division of the Texas Department of
42-70 Criminal Justice shall make documents received under Subsections
43-1 (a) and (c) of this section available to the pardons and paroles
43-2 division on the request of the pardons and paroles division.
43-3 (f) Except as provided by Subsection (g) of this section,
43-4 the county sheriff is responsible for ensuring that documents and
43-5 information required by this section accompany defendants sentenced
43-6 by district courts in the county to <terms of imprisonment in the
43-7 institutional division of> the Texas Department of Criminal
43-8 Justice.
43-9 (h) If a parole panel releases on parole a person who is
43-10 confined in a jail in this state, a federal correctional
43-11 institution, or a correctional institution in another state, the
43-12 <pardons and paroles division of the> Texas Department of Criminal
43-13 Justice shall request the sheriff who would otherwise be required
43-14 to transfer the person to the department <institutional division>
43-15 to forward to the department <both divisions> the information
43-16 described by Subsections (a) and (c) of this section. The sheriff
43-17 shall comply with the request of the department <pardons and
43-18 paroles division>. The department <pardons and paroles division>
43-19 shall determine whether the information forwarded by the sheriff
43-20 under this subsection contains a thumbprint taken from the person
43-21 in the manner provided by Article 38.33 of this code and, if not,
43-22 the department <division> shall obtain a thumbprint taken in the
43-23 manner provided by that article and shall forward the thumbprint to
43-24 the department <institutional division> for inclusion with the
43-25 information sent by the sheriff.
43-26 (i) A county may deliver the documents required under
43-27 Subsections (a) and (c) of this section to the <institutional
43-28 division of the> Texas Department of Criminal Justice by electronic
43-29 means. For purposes of this subsection, "electronic means" means
43-30 the transmission of data between word processors, data processors,
43-31 or similar automated information equipment over dedicated cables,
43-32 commercial lines, or other similar methods of transmission.
43-33 SECTION 3.002. (a) Section 1, Article 42.11, Code of
43-34 Criminal Procedure, is amended to read as follows:
43-35 Sec. 1. This Act may be cited as the Uniform Act for
43-36 out-of-State probationer and parolee supervision.
43-37 (b) The article heading of Article 42.11, Code of Criminal
43-38 Procedure, is amended to read as follows:
43-39 Art. 42.11. UNIFORM ACT FOR OUT-OF-STATE PROBATIONER AND
43-40 PAROLEE SUPERVISION
43-41 SECTION 3.003. Sections 9(e), (j), and (k), Article 42.12,
43-42 Code of Criminal Procedure, are amended to read as follows:
43-43 (e) The judge shall allow the defendant or his attorney to
43-44 comment on a presentence investigation or a postsentence <the>
43-45 report and, with the approval of the judge, introduce testimony or
43-46 other information alleging a factual inaccuracy in the
43-47 investigation or report.
43-48 (j) The judge by order may direct that any information and
43-49 records that are not privileged and that are relevant to a <the>
43-50 report required by Subsection (a) or Subsection (k) of this section
43-51 be released to an <the> officer conducting a <the> presentence
43-52 investigation under Subsection (i) of this section or a
43-53 postsentence report under Subsection (k) of this section. The
43-54 judge may also issue a subpoena to obtain that information. A
43-55 <The> report and all information obtained in connection with a
43-56 <the> presentence investigation or postsentence report are
43-57 confidential and may be released only to those persons and under
43-58 those circumstances authorized under Subsections (d), (e), (f),
43-59 (h), and (k) <and (g)> of this section and as directed by the judge
43-60 for the effective supervision of the defendant. Medical and
43-61 psychiatric records obtained by court order shall be kept separate
43-62 from the defendant's community supervision file and may be released
43-63 only by order of the judge.
43-64 (k) If a presentence report in a felony case is not required
43-65 under this section, the judge shall direct the officer to prepare a
43-66 postsentence report containing the same information that would have
43-67 been required for the presentence report, other than a proposed
43-68 client supervision plan and any information that is reflected in
43-69 the judgment. The officer shall send the postsentence report to
43-70 the clerk of the court not later than the 30th day after the date
44-1 on which sentence is pronounced or deferred adjudication is
44-2 granted, and the clerk shall deliver <file> the postsentence report
44-3 with the papers in the case to a designated officer of the Texas
44-4 Department of Criminal Justice, as required by Section 8(a),
44-5 Article 42.09.
44-6 SECTION 3.004. Section 14(a), Article 42.12, Code of
44-7 Criminal Procedure, as amended by Chapter 900, Acts of the 73rd
44-8 Legislature, Regular Session, 1993, is amended to read as follows:
44-9 (a) If a court places a defendant on community supervision
44-10 under any provision of this article as an alternative to
44-11 imprisonment, the judge may require as a condition of community
44-12 supervision that the defendant serve a term of confinement and
44-13 treatment in a substance abuse treatment facility operated by the
44-14 Texas Department of Criminal Justice under Section 493.009,
44-15 Government Code. A term of confinement and treatment imposed under
44-16 this section must be an indeterminate term of not more than one
44-17 year or less than 90 days <six months>.
44-18 SECTION 3.005. Section 14(b), Article 42.12, Code of
44-19 Criminal Procedure, as amended by Chapter 900, Acts of the 73rd
44-20 Legislature, Regular Session, 1993, is amended to read as follows:
44-21 (b) A judge may impose the condition of community
44-22 supervision created under this section if:
44-23 (1) the judge places the defendant on community
44-24 supervision under this article;
44-25 (2) the defendant is charged with or convicted of a
44-26 felony other than:
44-27 (A) a felony under Section 21.11, 22.011, or
44-28 22.021, <or 25.06,> Penal Code; or
44-29 (B) criminal attempt of a felony under Section
44-30 21.11, 22.011, or 22.021, Penal Code; and
44-31 (3) the judge makes an affirmative finding that:
44-32 (A) drug or alcohol abuse significantly
44-33 contributed to the commission of the crime or violation of
44-34 community supervision; and
44-35 (B) the defendant is a suitable candidate for
44-36 treatment, as determined by the suitability criteria established by
44-37 the Texas Board of Criminal Justice under Section 493.009(b),
44-38 Government Code.
44-39 SECTION 3.006. Section 15(h), Article 42.12, Code of
44-40 Criminal Procedure, as amended by Chapter 900, Acts of the 73rd
44-41 Legislature, Regular Session, 1993, is amended to read as follows:
44-42 (h)(1) A defendant confined in a state jail felony facility
44-43 after revocation of community supervision does not earn good
44-44 conduct time for time served in the facility.
44-45 (2) A judge may credit against any time a defendant is
44-46 subsequently required to serve in a state jail felony facility
44-47 after revocation of community supervision time served by the
44-48 defendant in county jail:
44-49 (A) from the time of the defendant's arrest and
44-50 confinement until sentencing by the trial court; and
44-51 (B) as a condition of community supervision
44-52 under Subsection (d) of this section<; and>
44-53 <(C) after modification of community
44-54 supervision>.
44-55 (3) A judge shall credit against any time a defendant
44-56 is subsequently required to serve in a state jail felony facility
44-57 after revocation of community supervision any time served by the
44-58 defendant in a state jail felony facility after sentencing.
44-59 SECTION 3.007. Section 16, Article 42.12, Code of Criminal
44-60 Procedure, is amended to read as follows:
44-61 Sec. 16. Community Service. (a) A judge shall require as a
44-62 condition of community supervision, that the defendant work a
44-63 specified number of hours at a community service project or
44-64 projects for an organization or organizations approved by the judge
44-65 and designated by the department, unless the judge determines and
44-66 notes on the order placing the defendant on community supervision
44-67 that:
44-68 (1) the defendant is physically or mentally incapable
44-69 of participating in the project;
44-70 (2) participating in the project will work a hardship
45-1 on the defendant or the defendant's dependents;
45-2 (3) the defendant is to be confined in a substance
45-3 abuse punishment facility as a condition of community supervision;
45-4 or
45-5 (4) there is other good cause shown.
45-6 (b) The amount of community service work ordered by the
45-7 judge:
45-8 (1) may not exceed 1,000 hours and may not be less
45-9 than 320 hours for an offense classified as a first degree felony;
45-10 (2) may not exceed 800 hours and may not be less than
45-11 240 hours for an offense classified as a second degree felony;
45-12 (3) may not exceed 600 hours and may not be less than
45-13 160 hours for an offense classified as a third degree felony;
45-14 (4) may not exceed 400 hours and may not be less than
45-15 120 hours for an offense classified as a state jail felony;
45-16 (5) may not exceed 200 hours and may not be less than
45-17 80 hours for an offense classified as a Class A misdemeanor or for
45-18 any other misdemeanor for which the maximum permissible
45-19 confinement, if any, exceeds six months or the maximum permissible
45-20 fine, if any, exceeds $4,000; and
45-21 (6) may not exceed 100 hours and may not be less than
45-22 24 hours for an offense classified as a Class B misdemeanor or for
45-23 any other misdemeanor for which the maximum permissible
45-24 confinement, if any, does not exceed six months and the maximum
45-25 permissible fine, if any, does not exceed $4,000.
45-26 (c) <If the judge modifies the defendant's terms of
45-27 community supervision to include confinement in a state jail felony
45-28 facility, the judge shall order the defendant to continue to work
45-29 towards fulfillment of his work requirement during his period of
45-30 confinement.>
45-31 <(d)> A defendant required to perform community service
45-32 under this section is not a state employee for the purposes of
45-33 Article 8309g or 8309h, Revised Statutes.
45-34 <(e) An employee of the Texas Department of Criminal
45-35 Justice, sheriff, employee of a sheriff's department, county
45-36 commissioner, county employee, county judge, employee of a
45-37 community corrections and supervision department, restitution
45-38 center, or officer or employee of a political subdivision other
45-39 than a county is not liable for damages arising from an act or
45-40 failure to act in connection with community service performed by an
45-41 inmate pursuant to court order under this article or in connection
45-42 with an inmate or offender programmatic or nonprogrammatic
45-43 activity, including work, educational, and treatment activities, if
45-44 the act or failure to act was not intentional, wilfully or wantonly
45-45 negligent, or performed with conscious indifference or reckless
45-46 disregard for the safety of others.>
45-47 (d) <(e)> If the court makes an affirmative finding under
45-48 Article 42.014, Code of Criminal Procedure, the court may order the
45-49 defendant to perform community service under this section at a
45-50 project designated by the court that primarily serves the person or
45-51 group who was the target of the defendant. If the court orders
45-52 community service under this subsection the court shall order the
45-53 defendant to perform not less than:
45-54 (1) 100 hours of service if the offense is a
45-55 misdemeanor; or
45-56 (2) 300 hours of service if the offense is a felony.
45-57 SECTION 3.008. Section 22(a), Article 42.12, Code of
45-58 Criminal Procedure, is amended to read as follows:
45-59 (a) If after a hearing under Section 21 of this article a
45-60 judge continues or modifies community supervision after determining
45-61 that the defendant violated a condition of community supervision,
45-62 the judge may impose any other conditions the judge determines are
45-63 appropriate, including:
45-64 (1) a requirement that the defendant perform community
45-65 service for a number of hours specified by the court under Section
45-66 16 of this article, or an increase in the number of hours that the
45-67 defendant has previously been required to perform under those
45-68 sections in an amount not to exceed double the number of hours
45-69 permitted by Section 16;
45-70 (2) an increase in the period of community
46-1 supervision, in the manner described by Subsection (b) of this
46-2 section;
46-3 (3) an increase in the defendant's fine, in the manner
46-4 described by Subsection (d) of this section; or
46-5 (4) the placement of the defendant in a substance
46-6 abuse felony punishment program operated under Section 493.009,
46-7 Government Code, if:
46-8 (A) the defendant is convicted of a felony other
46-9 than:
46-10 (i) a felony under Section 21.11, 22.011,
46-11 or 22.021, <or 25.06,> Penal Code; or
46-12 (ii) criminal attempt of a felony under
46-13 Section 21.11, 22.011, or 22.021, Penal Code; and
46-14 (B) the judge makes an affirmative finding that:
46-15 (i) drug or alcohol abuse significantly
46-16 contributed to the commission of the crime or violation of
46-17 community supervision; and
46-18 (ii) the defendant is a suitable candidate
46-19 for treatment, as determined by the suitability criteria
46-20 established by the Texas Board of Criminal Justice under Section
46-21 493.009(b), Government Code.
46-22 SECTION 3.009. Section 1(b)(2), Article 42.13, Code of
46-23 Criminal Procedure, is amended to read as follows:
46-24 (2) "Community corrections facility" means a physical
46-25 structure, established by a judicial district after authorization
46-26 of the establishment of the structure has been included in the
46-27 local community justice plan, that is operated by a department or
46-28 operated for a department by an entity under contract with the
46-29 department, for the purpose of confining persons placed on
46-30 community supervision and providing services and programs to modify
46-31 criminal behavior, deter criminal activity, protect the public, and
46-32 restore victims of crime. The term includes:
46-33 (A) a restitution center;
46-34 (B) a court residential treatment facility;
46-35 (C) a substance abuse treatment facility;
46-36 (D) a custody facility or boot camp;
46-37 (E) a facility for an offender with a mental
46-38 impairment, as defined by Section 614.001, Health and Safety Code;
46-39 and
46-40 (F) an intermediate sanction facility<; and>
46-41 <(G) a state jail felony facility>.
46-42 SECTION 3.0091. Section 2, Article 42.13, Code of Criminal
46-43 Procedure, is amended by amending Subsections (a) and (c) and by
46-44 adding Subsection (d) to read as follows:
46-45 (a) The division shall propose and the board shall adopt
46-46 reasonable rules establishing:
46-47 (1) minimum standards for programs, community
46-48 corrections facilities and other facilities, equipment, and other
46-49 aspects of the operation of departments;
46-50 (2) a list and description of core services that
46-51 should be provided by each department;
46-52 (3) methods for measuring the success of community
46-53 supervision and corrections programs, including methods for
46-54 measuring rates of diversion, program completion, and recidivism;
46-55 <and>
46-56 (4) a format for community justice plans; and
46-57 (5) minimum standards for the operation of substance
46-58 abuse facilities and programs funded through the division.
46-59 (c) <After consultation with the Texas Commission on Alcohol
46-60 and Drug Abuse, the division by rule shall establish standards for
46-61 the operation of substance abuse facilities and programs by the
46-62 division and by departments.> A substance abuse facility or
46-63 program operating under the standards is not required to be
46-64 licensed or otherwise approved by any other state or local agency.
46-65 (d) The division shall develop a screening and assessment
46-66 procedure for use in accordance with Section 14, Article 42.131 of
46-67 this code. The division shall determine if a single screening and
46-68 assessment procedure may be used in each program. If the division
46-69 determines that a single procedure is not feasible, the division
46-70 shall identify and approve procedures that may be used.
47-1 SECTION 3.010. Section 4, Article 42.13, Code of Criminal
47-2 Procedure, is amended to read as follows:
47-3 Sec. 4. Inspections; Audits; Evaluations. <(a)> The
47-4 division may inspect and evaluate a department or conduct audits of
47-5 case management records, financial records, and officer
47-6 certification and training records of a department at any
47-7 reasonable time to determine compliance with the division's rules
47-8 and standards.
47-9 <(b) The division shall authorize payments under Section
47-10 10(a)(1) of this article only if the division determines that the
47-11 department has made a reasonable effort to maintain workloads
47-12 established by the division for supervising officers that do not
47-13 exceed the following ratios:>
47-14 <(1) one officer or full-time equivalent per 25 cases,
47-15 with a workload unit value of 4 per case;>
47-16 <(2) one officer or full-time equivalent per 40 cases,
47-17 with a workload unit value of 2.5 per case;>
47-18 <(3) one officer or full-time equivalent per 75 cases,
47-19 with a workload unit value of 1.33 per case; and>
47-20 <(4) one officer or full-time equivalent per 100
47-21 cases, with a workload unit value of 1 per case.>
47-22 SECTION 3.011. Section 7(g), Article 42.13, Code of Criminal
47-23 Procedure, is amended to read as follows:
47-24 (g) The division may deny, revoke, or suspend a
47-25 certification or may reprimand an officer for a violation of a
47-26 standard adopted under this article <or a rule of the Texas Board
47-27 of Criminal Justice>.
47-28 SECTION 3.012. Section 10, Article 42.13, Code of Criminal
47-29 Procedure, is amended by amending Subsections (a) and (b) and by
47-30 adding Subsection (f) to read as follows:
47-31 (a) If the division determines that a department complies
47-32 with division standards and if the department or judges managing
47-33 the department have submitted a community justice plan under
47-34 Section 3, Article 42.131 of this code and the supporting
47-35 information required by the division and the division determines
47-36 the plan and supporting information are acceptable, the division
47-37 shall prepare and submit to the comptroller of public accounts
47-38 vouchers for payment to the department as follows:
47-39 (1) for per capita funding, a per diem amount for each
47-40 felony defendant directly supervised by the department pursuant to
47-41 lawful authority;
47-42 (2) for per capita funding, a per diem amount for a
47-43 period not to exceed 182 days for each defendant supervised by the
47-44 department pursuant to lawful authority, other than a felony
47-45 defendant; and
47-46 (3) for formula funding, an annual amount as computed
47-47 by multiplying a percentage determined by the allocation formula
47-48 established under Subsection (f) <Section 499.071(b), Government
47-49 Code>, times the total amount provided in the General
47-50 Appropriations Act for payments under this subdivision.
47-51 (b) The division may use discretionary grant funds to
47-52 further the purposes of this chapter by contracting for services
47-53 with state agencies or nonprofit organizations. The division may
47-54 also make discretionary grants to departments, municipalities, or
47-55 counties for the following purposes:
47-56 (1) development and operation of pretrial and
47-57 presentencing services;
47-58 (2) electronic monitoring services, surveillance
47-59 supervision programs, and controlled substances testing services;
47-60 (3) research projects to evaluate the effectiveness of
47-61 community corrections programs, if the research is conducted in
47-62 cooperation with the Criminal Justice Policy Council;
47-63 (4) contract services for felony defendants;
47-64 (5) residential services for misdemeanor defendants
47-65 who exhibit levels of risk or needs indicating a need for
47-66 confinement and treatment, as described by Section 4(b) of this
47-67 article;
47-68 (6) establishment or operation of county correctional
47-69 centers under Subchapter H, Chapter 351, Local Government Code, or
47-70 community corrections facilities for which the division has
48-1 established standards under Section 5 of this article; <and>
48-2 (7) development and operation of treatment alternative
48-3 to incarceration programs under Section 14, Article 42.131 of this
48-4 code; and
48-5 (8) other purposes determined appropriate by the
48-6 division and approved by the board.
48-7 (f) The division annually shall compute for each department
48-8 for community corrections program formula funding a percentage
48-9 determined by assigning equal weights to the percentage of the
48-10 state's population residing in the counties served by the
48-11 department and the department's percentage of all felony defendants
48-12 in the state under direct community supervision. The division
48-13 shall use the most recent information available in making
48-14 computations under this subsection. The board by rule may adopt a
48-15 policy limiting for all departments the percentage of benefit or
48-16 loss that may be realized as a result of the operation of the
48-17 formula.
48-18 SECTION 3.013. Section 11(b), Article 42.13, Code of
48-19 Criminal Procedure, is amended to read as follows:
48-20 (b) The board shall provide for notice and a hearing in
48-21 cases in which the division proposes to take an action authorized
48-22 by this section, other than a refusal by the division to provide
48-23 discretionary grant funding or a reduction by the division of
48-24 discretionary grant funding during a funding cycle. The division
48-25 shall define with specificity the conduct that constitutes
48-26 substantial noncompliance with division standards and shall
48-27 establish the procedures to be used in imposing or waiving a
48-28 sanction authorized by this section, subject to approval of the
48-29 definition and the procedures by adoption by the board.
48-30 SECTION 3.014. Section 12, Article 42.131, Code of Criminal
48-31 Procedure, as amended by Chapter 988, Acts of the 73rd Legislature,
48-32 Regular Session, 1993, is amended to read as follows:
48-33 Sec. 12. Restitution. (a) If a judge requires a defendant
48-34 to make restitution to a victim of the defendant's offense, and a
48-35 payment is received under this article from the defendant for
48-36 transmittal to a victim of the offense, the community supervision
48-37 and corrections department that receives the payment for
48-38 disbursement to the victim shall immediately deposit the payment in
48-39 an interest-bearing account in the county treasury as required by
48-40 Section 140.003(f), Local Government Code <department having
48-41 original jurisdiction>. The department shall transmit the payment
48-42 to the victim as soon as practicable.
48-43 (b) If a victim cannot be located for receipt of<,
48-44 immediately after receiving> a <final> payment in satisfaction of
48-45 an order of restitution, <for the victim> the department shall
48-46 attempt to notify the victim of that fact by certified mail, mailed
48-47 to the last known address of the victim. If a victim then makes a
48-48 claim for payment, the department promptly shall remit the payment
48-49 to the victim. A department is obligated to make a good faith
48-50 effort to locate and notify a victim that an unclaimed payment
48-51 exists. The department satisfies the good faith requirement under
48-52 this subsection by sending to the victim by certified mail on any
48-53 one occasion during the period the defendant is required to make
48-54 payments a notice that the victim is entitled to an unclaimed
48-55 payment. Not earlier than the fifth anniversary of the date on
48-56 which the department mails notice under this subsection, if the
48-57 victim has not made a claim for payment, the department shall
48-58 transfer the payment from the interest-bearing account to the
48-59 comptroller of public accounts, after deducting five percent of the
48-60 payment as a collection fee and deducting any interest accrued on
48-61 the payment. The comptroller shall deposit the payment in the
48-62 state treasury to the credit of the compensation to victims of
48-63 crime auxiliary fund.
48-64 (c) The collection fee under Subsection (b) of this section
48-65 and the accrued interest under Subsections (a) and (b) of this
48-66 section shall be deposited in the special fund of the county
48-67 treasury provided by Section 10, Article 42.13, of this code to be
48-68 used for the same purposes for which state aid may be used under
48-69 that section. The department has a maximum of 121 days after the
48-70 five-year <four-year> expiration date to transfer the funds to the
49-1 comptroller's office. Failure to comply with the 121-day deadline
49-2 will result in a five percent collection fee penalty calculated
49-3 from the total deposit and all interest attributable to the
49-4 unclaimed funds.
49-5 (d) If the victim of the offense claims the payment during
49-6 the five-year <four-year> period in which the payment is held in
49-7 the interest-bearing account, the department shall pay the victim
49-8 the amount of the original payment, less any interest earned while
49-9 holding the payment. After the payment has been transferred to the
49-10 comptroller, the department has no liability in regard to the
49-11 payment, and any claim for the payment must be made to the
49-12 comptroller. If the victim makes a claim to the comptroller, the
49-13 comptroller shall pay the victim the amount of the original
49-14 payment, less the collection fee, from the compensation to victims
49-15 of crime auxiliary fund.
49-16 SECTION 3.015. Article 43.10, Code of Criminal Procedure, as
49-17 amended by Section 3, Chapter 578, and Section 5.04, Chapter 900,
49-18 Acts of the 73rd Legislature, Regular Session, 1993, is amended and
49-19 reenacted to read as follows:
49-20 Art. 43.10. Manual labor. <(a)> Where the punishment
49-21 assessed in a conviction for misdemeanor is confinement in jail for
49-22 more than one day, or where in such conviction the punishment is
49-23 assessed only at a pecuniary fine and the party so convicted is
49-24 unable to pay the fine and costs adjudged against him, <or where
49-25 the party convicted is required to serve a period of confinement as
49-26 a condition of community supervision,> or where the party is
49-27 sentenced to jail for a felony or is confined in jail after
49-28 conviction of a felony, the party convicted <or required to serve
49-29 the period of confinement> shall be required to work in the county
49-30 jail industries program or shall be required to do manual labor in
49-31 accordance with the provisions of this article under the following
49-32 rules and regulations:
49-33 1. Each commissioners court may provide for the
49-34 erection of a workhouse and the establishment of a county farm in
49-35 connection therewith for the purpose of utilizing the labor of said
49-36 parties so convicted <or required to serve a period of
49-37 confinement>;
49-38 2. Such farms and workhouses shall be under the
49-39 control and management of the sheriff, and the sheriff may adopt
49-40 such rules and regulations not inconsistent with the rules and
49-41 regulations of the Commission on Jail Standards and with the laws
49-42 as the sheriff deems necessary;
49-43 3. Such overseers and guards may be employed by the
49-44 sheriff under the authority of the commissioners court as may be
49-45 necessary to prevent escapes and to enforce such labor, and they
49-46 shall be paid out of the county treasury such compensation as the
49-47 commissioners court may prescribe;
49-48 4. They shall be put to labor upon public works and
49-49 maintenance projects, including public works and maintenance
49-50 projects for a political subdivision located in whole or in part in
49-51 the county;
49-52 5. One who from age, disease, or other physical or
49-53 mental disability is unable to do manual labor shall not be
49-54 required to work. His inability to do manual labor may be
49-55 determined by a physician appointed for that purpose by the county
49-56 judge or the commissioners court, who shall be paid for such
49-57 service such compensation as said court may allow; and
49-58 6. For each day of manual labor, in addition to any
49-59 other credits allowed by law, a defendant is entitled to have one
49-60 day deducted from each sentence <or period of confinement> he is
49-61 serving. The deduction authorized by this article, when combined
49-62 with the deduction required by Article 42.10 of this code, may not
49-63 exceed two-thirds (2/3) of the sentence <or period of confinement>.
49-64 <(b) A sheriff, employee of a sheriff's department, county
49-65 commissioner, county employee, county judge, and employee of a
49-66 community corrections and supervision department, restitution
49-67 center, or officer or employee of a political subdivision other
49-68 than a county is not liable for damages arising from an act or
49-69 failure to act in connection with manual labor performed by an
49-70 inmate pursuant to this article if the act or failure to act:>
50-1 <(1) was performed pursuant to court-ordered
50-2 confinement; and>
50-3 <(2) was not intentional, wilfully or wantonly
50-4 negligent, or performed with conscious indifference or reckless
50-5 disregard for the safety of others.>
50-6 SECTION 3.0151. Article 42.131, Code of Criminal Procedure,
50-7 is amended by adding Section 14 to read as follows:
50-8 Sec. 14. TREATMENT ALTERNATIVE TO INCARCERATION PROGRAM.
50-9 (a) A department may establish a treatment alternative to
50-10 incarceration program in each county served by the department
50-11 according to standards adopted by the division. A department may
50-12 enter into an interlocal cooperation agreement with one or more
50-13 other departments in order to establish this program on a regional
50-14 basis.
50-15 (b) The program must:
50-16 (1) include automatic screening and assessment of a
50-17 person arrested for an offense, other than a Class C misdemeanor,
50-18 in which an element of the offense is the use or possession of
50-19 alcohol or the use, possession, or sale of a controlled substance
50-20 or marijuana;
50-21 (2) include automatic screening and assessment of a
50-22 person arrested for an offense, other than a Class C misdemeanor,
50-23 in which the use of alcohol or drugs is suspected to have
50-24 significantly contributed to the offense for which the individual
50-25 has been arrested;
50-26 (3) coordinate the screening, assessment, and referral
50-27 to treatment services; and
50-28 (4) make referrals for the appropriate treatment of a
50-29 person determined to be in need of treatment.
50-30 (c) A program administered under this section must use a
50-31 screening and assessment procedure developed or approved by the
50-32 division.
50-33 (d) After a person is screened and assessed, a
50-34 representative of the department shall meet with the participating
50-35 criminal justice and treatment agencies to review the person's
50-36 case and to determine if the person should be referred for
50-37 treatment. If a person is considered appropriate for referral, the
50-38 person may be referred to community-based treatment in accordance
50-39 with applicable law or any other treatment program deemed
50-40 appropriate. A magistrate may order a person to participate in a
50-41 treatment program recommended under this section as a condition of
50-42 bond or condition of pretrial release.
50-43 (e) A department may contract for the provision of treatment
50-44 services. The department may pay for services only if other
50-45 adequate public or private sources of payment are not available. A
50-46 person shall be responsible for the payment of any treatment
50-47 programs recommended under this section if it is determined that a
50-48 person referred for treatment is able to pay for the costs of
50-49 treatment or if the person has insurance that will pay for the
50-50 treatment. If a person is able to pay for treatment or if the
50-51 person has insurance that will pay for the treatment, the payment
50-52 may be made a condition for receiving treatment.
50-53 (f) An employee of a department or treatment provider either
50-54 administering this program or providing services under this section
50-55 may exchange or otherwise disclose information regarding the
50-56 assessment, evaluation or treatment of a person participating in
50-57 this program to:
50-58 (1) another employee of the department;
50-59 (2) an officer in the court that has jurisdiction over
50-60 the person's case;
50-61 (3) a county sheriff or jail administrator;
50-62 (4) an employee of the Texas Department of Criminal
50-63 Justice; or
50-64 (5) any employee in a facility, institution, or
50-65 half-way house in which a person may be confined in accordance with
50-66 a disposition of the criminal charges in the case.
50-67 SECTION 3.016. Section 217.001, Labor Code, is amended by
50-68 adding Subdivision (4) to read as follows:
50-69 (4) "State jail division" means the state jail
50-70 division of the department.
51-1 SECTION 3.017. Section 217.002, Labor Code, is amended to
51-2 read as follows:
51-3 Sec. 217.002. Project Rio. The project for reintegration of
51-4 offenders is a statewide employment referral program designed to
51-5 reintegrate into the labor force persons sentenced to a state jail
51-6 felony facility or <formerly confined in> the institutional
51-7 division.
51-8 SECTION 3.018. Section 217.005(a), Labor Code, is amended to
51-9 read as follows:
51-10 (a) The memorandum of understanding must establish the role
51-11 of:
51-12 (1) the institutional division and the state jail
51-13 division in ascertaining and encouraging an inmate's chances for
51-14 employment by:
51-15 (A) providing vocational and educational
51-16 assessment for the person while incarcerated <in the division>;
51-17 (B) developing a skills enhancement program for
51-18 the person while incarcerated, in cooperation with other
51-19 governmental, educational, and private entities, using available
51-20 public or private financial resources authorized by statute; and
51-21 (C) referring the person on release to the
51-22 project through the person's parole officer or supervision officer;
51-23 (2) the community justice assistance division and the
51-24 pardons and paroles division of the department in:
51-25 (A) encouraging and referring persons to the
51-26 project; and
51-27 (B) ensuring that those persons participate in
51-28 the project and avail themselves of its services; and
51-29 (3) the commission in developing and maintaining a
51-30 statewide network for finding positions of employment that require
51-31 the skills possessed by project participants and in helping those
51-32 participants to secure employment.
51-33 SECTION 3.019. Section 414.010, Government Code, is amended
51-34 to read as follows:
51-35 Sec. 414.010. PAYMENT FROM DEFENDANT ON COMMUNITY
51-36 SUPERVISION. A local crime stoppers program that receives a
51-37 payment from a defendant <probationer> under Section 11(a) <6(h)>,
51-38 Article 42.12, Code of Criminal Procedure, may not use the payment
51-39 for any purpose other than the payment of a reward to a person who
51-40 reports information concerning criminal activity. Not later than
51-41 January 15 of each year, a local crime stoppers program that
51-42 receives or expends money under this section shall file a detailed
51-43 report with the Texas Department of Criminal Justice <Adult
51-44 Probation Commission> that accounts for all money received and
51-45 expended under this section during the preceding year.
51-46 SECTION 3.020. (a) Section 13(e), Article 42.12, Code of
51-47 Criminal Procedure, is repealed.
51-48 (b) Section 2.09(c), Article 42.121, Code of Criminal
51-49 Procedure, is repealed.
51-50 (c) Section 3.111, Article 42.121, Code of Criminal
51-51 Procedure, is repealed.
51-52 (d) Section 461.017, Health and Safety Code, is repealed.
51-53 SECTION 3.021. This article takes effect September 1, 1995.
51-54 ARTICLE 4
51-55 SECTION 4.001. The importance of this legislation and the
51-56 crowded condition of the calendars in both houses create an
51-57 emergency and an imperative public necessity that the
51-58 constitutional rule requiring bills to be read on three several
51-59 days in each house be suspended, and this rule is hereby suspended,
51-60 and that this Act take effect and be in force according to its
51-61 terms, and it is so enacted.
51-62 * * * * *