SGN C.S.H.B. 279 75(R)BILL ANALYSIS CORRECTIONS C.S.H.B. 279 By: West, George "Buddy" 3-19-97 Committee Report (Substituted) BACKGROUND Current state law requires the Department of Criminal Justice to require each inmate to work, to the extent that the inmate is physically capable of working. Currently, some inmates work fulltime, some work part-time and attend school part-time, while others attend school full-time. At any one time, 75-85% of all inmates have a work assignment. The remaining inmates are recent transfers to a unit, sick, or in administrative segregation. PURPOSE If enacted, this bill would require all physically and mentally capable inmates to participate in a agricultural, industrial or other work program. CSHB 279 also provides that any inmate who does not have a high school diploma or GED would be required to participate in available educational programming designed to help the inmate earn a GED. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1: Amends Section 497.090, Government Code, as follows: Sec. 497.090. WORK AND EDUCATION REQUIRED. (a) Requires the department to require each inmate to work in an agricultural, industrial, or other work program, to the extent the inmate is physically and mentally capable. Allows the department to waive the requirement to work if necessary to maintain security. (b) Requires the department 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 GED. Provides that this requirement does not apply to an inmate confined in administrative segregation or close custody. Allows the department to waive the requirement upon a determination that the inmate lacks the learning ability to obtain such a diploma. Allows the department to limit participation in an educational program based on the capacity of the program, and may assign inmates to participate based upon the proximity of release dates, using the department's individualized treatment plan. SECTION 2: Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill required each inmate who is physically and mentally capable to participate at least 60 hours a week in an agricultural, vocational, industrial or other work program. The original bill also required each inmate who did not have a high school diploma or GED to participate at least 10 hours a week in an educational program designed to help the inmate achieve a diploma. The substitute does not specify the amount of hours required by the inmates to work or attend educational programs, and allows the department to waive the requirement to work if necessary to maintain security. The substitute also allows the department to limit participation in an educational program based on the capacity of the program.