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.