By Allen                                              H.B. No. 2493
       74R7801 GWK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to oversight of the work program plan operated by the
    1-3  Texas Department of Criminal Justice.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 497.052, Government Code, is amended to
    1-6  read as follows:
    1-7        Sec. 497.052.  Work Program Privileges.  The department
    1-8  <pardons and paroles division> may grant work program privileges
    1-9  under the work program plan established under this subchapter to
   1-10  any inmate in the department, subject to rules adopted and
   1-11  conditions imposed under this subchapter.  The plan must include
   1-12  programs and procedures that allow an eligible person to contribute
   1-13  to court-ordered restitution, payment of court costs, support for
   1-14  the person's family and dependents, savings for the person's
   1-15  release, and expenses of the person's room, board, and maintenance.
   1-16        SECTION 2.  Section 497.053, Government Code, is amended to
   1-17  read as follows:
   1-18        Sec. 497.053.  Establishment of Work Program Plan.  The
   1-19  department <pardons and paroles division> shall establish a work
   1-20  program plan.  Under the plan, the department <pardons and paroles
   1-21  division> may transfer an eligible person from a unit of
   1-22  confinement in the institutional division or a county jail to a
   1-23  work facility in which the person remains in the technical custody
   1-24  of the department <pardons and paroles division>.
    2-1        SECTION 3.  Section 497.054, Government Code, is amended to
    2-2  read as follows:
    2-3        Sec. 497.054.  Housing for participants.  (a)  The department
    2-4  <pardons and paroles division>, as necessary, shall designate
    2-5  facilities in an area in which residents are to be participants in
    2-6  the work program plan for the housing of those residents.  The
    2-7  department <pardons and paroles division> may not grant a resident
    2-8  work privileges unless:
    2-9              (1)  suitable housing for the resident exists in the
   2-10  area in which the resident is employed or has an offer of
   2-11  employment; or
   2-12              (2)  the resident is to be placed in a work facility
   2-13  that combines employment facilities and living quarters for the
   2-14  resident.
   2-15        (b)  The department <pardons and paroles division> may assign
   2-16  <assume custody of> an eligible person <who has previously been
   2-17  denied parole or> whose initial parole eligibility date is more
   2-18  than six months but less than two years from the projected date of
   2-19  transfer to a work facility and transfer the person to a work
   2-20  facility.  The pardons and paroles division may assume custody of a
   2-21  person whom the <pardons and paroles> division may transfer under
   2-22  Section  499.0039(a) and transfer the person to a work facility.
   2-23        SECTION 4.  Section 497.055, Government Code, is amended to
   2-24  read as follows:
   2-25        Sec. 497.055.  Work Program Facilities.  (a)  In order to
   2-26  accept residents transferred by the department <pardons and paroles
   2-27  division> under this subchapter, a facility must:
    3-1              (1)  be a secure community residential facility
    3-2  constructed by or under the authorization of a municipality or
    3-3  county;
    3-4              (2)  be subject to timely certification by the American
    3-5  Correctional Association as an adult institutional <a community
    3-6  residential> facility;
    3-7              (3)  include on-site industry programs; and
    3-8              (4)  allow for full-time participation in training and
    3-9  employment programs by each resident.
   3-10        (b)  A work facility must be owned by a municipality or
   3-11  county and be operated under a contract between the department
   3-12  <pardons and paroles division> and the municipality or county in
   3-13  which the facility is located.  The contract must provide for the
   3-14  detention, employment, education, and rehabilitation of residents
   3-15  in accordance with the rules adopted by the board.  The contract
   3-16  must contain:
   3-17              (1)  an acknowledgment that payment by the state is
   3-18  subject to the availability of appropriations;
   3-19              (2)  a provision for payment of a maximum amount per
   3-20  biennium;
   3-21              (3)  a covenant that the work facility and all its
   3-22  associated programs and services, including costs of construction,
   3-23  acquisition, or adaptation of the facility, be provided at a
   3-24  savings of not less than 10 percent of the resident-per-day
   3-25  operational cost to the state for the institutional division's
   3-26  general population category, as calculated by the Criminal Justice
   3-27  Policy Council in its most current Texas correctional costs
    4-1  analysis, excluding cost of facility construction, acquisition, or
    4-2  adaptation;
    4-3              (4)  a provision permitting the state to terminate the
    4-4  contract for cause, including as cause the failure to meet the
    4-5  conditions required by this subchapter and other conditions in the
    4-6  contract;
    4-7              (5)  a provision providing for cost adjustments only
    4-8  once in each biennium, to take effect at the beginning of the next
    4-9  biennium;
   4-10              (6)  a contract term of not more than three years, with
   4-11  an option to renew for additional periods of two years;
   4-12              (7)  a provision for an adequate plan of insurance to
   4-13  protect the state against all claims, including civil rights
   4-14  violations, arising from the services performed under the contract
   4-15  by the contracting party, to protect the state from actions by a
   4-16  third party against the contracting party or subcontractor of the
   4-17  contracting party, and to protect the state from actions by
   4-18  officers, guards, employees, or agents of the contracting party or
   4-19  its subcontractor;
   4-20              (8)  a provision adopting, to the extent allowable
   4-21  under applicable law, a plan for the purchase and assumption of
   4-22  operations by the state in the event of the inability of the
   4-23  contracting party to perform its duties under the contract; and
   4-24              (9)  a provision establishing comprehensive standards
   4-25  for conditions of confinement.
   4-26        (c)  A work facility may not hold more than an average daily
   4-27  population of 1,000 <500> residents.
    5-1        (d)  A municipality or county that has a contract with the
    5-2  department <pardons and paroles division> to own and operate a work
    5-3  facility may subcontract with one or more private vendors to
    5-4  construct, operate, or manage the facility and provide for the
    5-5  detention, employment, education, and rehabilitation services under
    5-6  the contract with the department <pardons and paroles division>.  A
    5-7  subcontractor must demonstrate to the satisfaction of the
    5-8  municipality or county that it possesses the necessary management
    5-9  personnel and expertise to carry out the obligations of a
   5-10  subcontract with the municipality or county in accordance with
   5-11  applicable standards of the American Correctional Association.
   5-12        (e)  A work facility is subject to regular, on-site
   5-13  monitoring by the department <pardons and paroles division>.
   5-14        (f)  Before the execution of a contract with the department
   5-15  <pardons and paroles division>, the governing body of the
   5-16  municipality or county must receive the written approval of the
   5-17  chief of police of the municipality or the sheriff of the county as
   5-18  to the provision of work facilities in that law enforcement
   5-19  jurisdiction.
   5-20        (g)  A subcontract entered into by a municipality or county
   5-21  with a private vendor for the provision of all or any part of a
   5-22  work facility, including its acquisition, adaptation, or
   5-23  construction and its detention, employment, education, and
   5-24  rehabilitation programs, must contain an express statement that the
   5-25  subcontractor is subject to the same standards and requirements
   5-26  imposed by the contract on the municipality or county.
   5-27        (h)  A municipality or county that owns a work facility or a
    6-1  subcontractor of the municipality or county may not:
    6-2              (1)  calculate release and parole eligibility dates;
    6-3              (2)  award good conduct time;
    6-4              (3)  approve a resident for work, medical, or temporary
    6-5  release from the facility or for pre-parole transfer; or
    6-6              (4)  classify a resident for or place a resident in
    6-7  less restrictive custody than that ordered by the department
    6-8  <pardons and paroles division>.
    6-9        (i)  A municipality or county may acquire, adapt, or
   6-10  construct a work facility operated within the requirements and
   6-11  constraints established by this subchapter with the proceeds of
   6-12  certificates of obligation of the municipality or county issued in
   6-13  the manner prescribed by Subchapter C, Chapter 271, Local
   6-14  Government Code.
   6-15        (j)  A municipality or county may pledge all or part of the
   6-16  revenues received by the municipality or county from the department
   6-17  <pardons and paroles division> under a contract authorized by this
   6-18  section to secure or pay certificates of obligation.  The
   6-19  certificates of obligation must be made payable solely from and
   6-20  secured solely by those revenues.
   6-21        SECTION 5.  Section 497.056, Government Code, is amended to
   6-22  read as follows:
   6-23        Sec. 497.056.  Work Program Plan.  (a)  A resident
   6-24  transferred under the conditional work program under this section
   6-25  remains in the legal custody of the department <pardons and paroles
   6-26  division> and is subject to the orders of the department <division>
   6-27  and the rules of the work facility.
    7-1        (b)  The board shall adopt rules for the administration of
    7-2  the conditional work program.  The rules must include a work
    7-3  program contract that includes an agreement by the resident to:
    7-4              (1)  contribute to the owner, operator, or manager of
    7-5  the work facility, from the funds received by the resident for the
    7-6  resident's participation in on-site industries' training and
    7-7  employment, not more than 80 percent of the funds, to be used or
    7-8  distributed by the owner, operator, or manager of the work facility
    7-9  to pay all or a part of:
   7-10                    (A)  costs of supervision;
   7-11                    (B)  costs of being quartered in the facility;
   7-12                    (C)  restitution to the victim or victims of the
   7-13  resident;
   7-14                    (D)  savings to be retained for the resident in a
   7-15  designated account for the resident's benefit and receipt on
   7-16  release; and
   7-17                    (E)  support of the resident's dependents, if
   7-18  any;
   7-19              (2)  serve at least six months in the work facility
   7-20  before requesting parole review under Section 8(b), Article 42.18,
   7-21  Code of Criminal Procedure, and to serve at least six months
   7-22  regardless of whether the resident becomes eligible for mandatory
   7-23  supervision under Section 8(c), Article 42.18, Code of Criminal
   7-24  Procedure, during that period; and
   7-25              (3)  participate in the employment, education, and
   7-26  rehabilitation programs available at the work facility to the
   7-27  extent that participation is recommended by the professional staff
    8-1  of the facility.
    8-2        (c)  The board shall adopt rules for the conduct of residents
    8-3  transferred under this subchapter.
    8-4        (d)  In determining which residents may be promoted within
    8-5  the program, the department <pardons and paroles division> shall
    8-6  consider:
    8-7              (1)  the level of job performance achieved by the
    8-8  resident;
    8-9              (2)  the willingness of the resident to take
   8-10  instruction or training related to the resident's assigned task;
   8-11              (3)  the resident's work attendance record; and
   8-12              (4)  the resident's disciplinary record.
   8-13        SECTION 6.  Section 497.057, Government Code, is amended to
   8-14  read as follows:
   8-15        Sec. 497.057.  On-Site Employment.  On-site employment for
   8-16  residents under this subchapter is subject to the following
   8-17  conditions:
   8-18              (1)  the employment must be at a wage at least as high
   8-19  as the prevailing wage for similar work in the area or community
   8-20  where the work is performed, and be in accordance with the
   8-21  prevailing working conditions in the area or community;
   8-22              (2)  the employment may not result in the displacement
   8-23  of an employed worker in the locality of the work facility;
   8-24              (3)  a resident eligible for work program privileges
   8-25  may not be employed as a strikebreaker or to impair an existing
   8-26  contract; and
   8-27              (4)  an eligible resident may not be exploited in any
    9-1  manner, whether the exploitation affects the community, the
    9-2  resident, or the department <institutional division>.
    9-3        SECTION 7.  Section 497.059, Government Code, is amended to
    9-4  read as follows:
    9-5        Sec. 497.059.  Disciplinary Proceedings.  (a)  On transfer, a
    9-6  work program resident is subject to supervision by the department
    9-7  <pardons and paroles division>.
    9-8        (b)  An officer assigned by the department <pardons and
    9-9  paroles division> to supervise a resident transferred under this
   9-10  subchapter must make periodic written reports <to the pardons and
   9-11  paroles division>  concerning the resident's adjustment.  The
   9-12  officer shall immediately report to the department <pardons and
   9-13  paroles division> in writing if the officer believes that the
   9-14  resident violated the terms of the work program contract or the
   9-15  rules of the work facility.  The officer may include in the report
   9-16  the officer's recommendation as to the disciplinary action the
   9-17  department <pardons and paroles division>  should take in the case.
   9-18  The officer may also recommend to the department <pardons and
   9-19  paroles division> that a parole panel rescind or revise the
   9-20  resident's presumptive parole date.  The department <pardons and
   9-21  paroles division> may require an agent of the department <pardons
   9-22  and paroles division> or the work facility to conduct a
   9-23  disciplinary hearing.
   9-24        (c)  If the department <pardons and paroles division> has an
   9-25  administrative need to deliver a resident to the actual custody of
   9-26  the institutional division or if after a disciplinary hearing the
   9-27  department <pardons and paroles division> concurs that a violation
   10-1  has occurred, the department <pardons and paroles division with the
   10-2  approval of the institutional division> may deliver the resident to
   10-3  the actual custody of the institutional division, and the
   10-4  institutional division may assign the resident to a regular unit of
   10-5  the institutional division.  If the officer reporting a violation
   10-6  recommends a disciplinary action, the department <pardons and
   10-7  paroles division> shall follow the recommendation unless it
   10-8  determines that another disciplinary action is more appropriate.
   10-9  If the officer recommends rescission or revision of the resident's
  10-10  presumptive parole date, a parole panel shall rescind or revise the
  10-11  date unless it determines the action is inappropriate.
  10-12        (d)  During the period after a resident is transferred to a
  10-13  work program under this subchapter and before the resident is
  10-14  released on parole, the institutional <pardons and paroles>
  10-15  division may award good conduct time to the resident earned by the
  10-16  resident during the period, in the same amounts and in the same
  10-17  manner as the director of the institutional division awards good
  10-18  conduct time to inmates in the institutional division under Chapter
  10-19  498.
  10-20        SECTION 8.  This Act takes effect September 1, 1995.
  10-21        SECTION 9.  The importance of this legislation and the
  10-22  crowded condition of the calendars in both houses create an
  10-23  emergency and an imperative public necessity that the
  10-24  constitutional rule requiring bills to be read on three several
  10-25  days in each house be suspended, and this rule is hereby suspended.