SRC-CDH H.B. 279 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 279
By: West (Duncan)
Criminal Justice
4-29-97
Engrossed


DIGEST 

Current state law requires the Texas Department of Criminal Justice to
require each inmate to work, to the extent that the inmate is physically
capable of working.  Some inmates work full-time, some work part-time and
attend school part-time, while others attend school full-time.  At any
given time, 75-85 percent of all inmates have a work assignment, and the
absence of the remaining inmates is due to sickness, administrative
segregation, or recent transfer to a unit.  H.B. 279 would require all
physically and mentally capable inmates to participate in an agricultural,
industrial, or other work program, except in the case of security
constraints.  In addition, this legislation would require any inmate who
does not have a high school diploma or general equivalency diploma (GED)
to participate in available educational programming designed to help the
inmate earn a GED, with the exception of inmates confined in
administrative segregation or close custody, and inmates who lack the
learning ability to earn a diploma.     

PURPOSE

As proposed, H.B. 279 provides for a requirement that inmates of the Texas
Department of Criminal Justice participate in work and educational
programs. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 497.090, Government Code, as follows:

Sec. 497.090.  New heading:  WORK AND EDUCATION REQUIRED.  Requires the
Texas Department of Criminal Justice (TDCJ) to require each inmate to work
in an agricultural, industrial, or other work program, to the extent that
the inmate is physically and mentally capable of working.  Authorizes TDCJ
to waive the requirement to work, if necessary to maintain security.
Requires TDCJ to require an inmate who does not have a high school diploma
or general equivalency diploma to participate in available educational
programming designed to help the inmate earn a general equivalency
diploma.  Provides that this requirement does not apply to an inmate
confined in administrative segregation or close custody.  Authorizes TDCJ
to waive the requirement upon a determination that the inmate lacks the
learning ability to earn a diploma.  Authorizes TDCJ to limit
participation in an educational program based on the capacity of the
program and to assign inmates to participate based on the proximity of
release dates.   

SECTION 2. Emergency clause.
  Effective date:  upon passage.