SGN C.S.H.B. 819 75(R)BILL ANALYSIS CORRECTIONS C.S.H.B. 819 By: Cuellar 4-24-97 Committee Report (Substituted) BACKGROUND According to the report Disturbing the Peace, issued in December 1996 by the Office of the Comptroller of Public Accounts, the most recent study conducted on recidivism of adults leaving the Texas correctional system indicated that 48% of inmates released from prison in 1991 returned within three years. This is an increase from the 35% recorded in 1984. Recidivism has far-reaching and expensive consequences. Numerous studies have attempted to determine which correctional programs are most effective in reducing recidivism. Criminal justice experts agree that the key to successful recidivism programs is ensuring that they are logically connected, intensive, and geared toward offenders' specific needs. The Texas Department of Criminal Justice currently has a Programs and Services Division to coordinate offender programs involving two or more divisions. This division has no administrative authority over the agency's treatment programs, it is merely a coordinating body. Four separate divisions within TDCJ with rehabilitative programs have different missions and report to different division directors. PURPOSE C.S.H.B. 819 requires the Programs and Services Division within the Texas Department of Criminal Justice to administer those programs aimed at the rehabilitation and reintegration of inmates. C.S.H.B. 819 also requires TDCJ and Texas Workforce Commission to establish a memorandum of understanding to coordinate the development of career development centers. RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants additional rulemaking authority in SECTION 6, Subchapter C, Chapter 501, Sec. 501.097, Government Code, to the Department of Criminal Justice and to the Texas Workforce Commission to adopt a memorandum of understanding establishing their respective responsibilities for providing a network of centers to released inmates. SECTION BY SECTION ANALYSIS SECTION 1: Amends Chapter 413, Government Code, by adding Section 413.022 as follows: Sec. 413.022. RECIDIVISM PERFORMANCE REVIEW. (a) Requires the criminal justice policy council to develop methods for measuring the success of each program or service determined by the Board of Criminal Justice to be designed for the primary purpose of rehabilitating inmates. Requires, on request of the council, the provider of a program or service or a representative of Sam Houston State University, Texas Workforce Commission, or TDCJ to assist the policy council in developing methods required by this section. Requires TDCJ to assist the council by collecting data in accordance with those methods. (b) Requires the policy council, not later than January 1 of each odd-numbered year, to submit as part of the biennial plan specific findings as to the success of each program or service in reducing recidivism of inmates and accomplishing other performance objectives of the programs and services administered by they TDCJ programs and services division. SECTION 2: Amends Section 493.002(a), Government Code, by adding Subsection (5), which adds the Programs and Services Division (the Division), to the list of divisions within TDCJ. SECTION 3: Amends Chapter 493, Government Code, by adding Sections 493.0052 and 493.0082 as follows: Sec. 493.0052. PROGRAMS AND SERVICES DIVISION. (a) Requires the programs and services division to administer those rehabilitation and reintegration programs and services as the board designates under Subsection (b). (b) Requires the board to determine which department services and programs are designed for the primary purpose of rehabilitating inmates, and to designate those programs and services as under the Programs and Services Division. Sec. 493.0082. PROGRAM EVALUATION CAPABILITY. Requires the department to maintain a program evaluation capability separate from the Programs and Services Division to determine the effectiveness of rehabilitation and reintegration programs and services provided to inmates and other offenders under the jurisdiction of the department. SECTION 4: Amends Section 497.003, Government Code, as follows: Sec. 497.003. ADVISORY COMMITTEE. (a) Requires the TBCJ to appoint persons who represent business and industry, including one member of the board and other persons who are local workforce development board members; members of recognized labor organizations; and members of the staff of the State Occupational Information Coordinating Committee. (b) Provides that members of advisory committee serve staggered three-year terms. (c) Requires the committee to advise the board on all aspects of prison industry operations, and make recommendations to the board on the effective use of prison industries programs to assist inmates in the development of job skills necessary for successful reintegration into the community. (d) Requires the board to submit a report to the 76th Legislature that outlines the advisory committee's recommendations, the board's response, and the status of any implementation efforts associated with the committee's recommendations. Provides that this subsection expires on August 31, 2000. SECTION 5: Amends Section 497.004, Government Code, by adding Subsection (c) which requires the department, when assigning inmates to available job training positions in prison factories, to consider each inmate's needs and projected release date. SECTION 6: Amends Subchapter C, Chapter 501, Government Code, by adding Section 501.097 as follows: Sec. 501.097. REINTEGRATION SERVICES. (a) Requires the department and the Texas Workforce Commission (TWC) by rule to adopt a memorandum of understanding that establishes their respective responsibilities for providing released inmates with a comprehensive network of centers designed to provide education, employment and other support services based on a "one stop for service" approach. (b) Provides that an agency not listed in this section that determines it may provide reintegration services may participate in the process, if approved by the department and TWC. SECTION 7: Amends Subchapter C, Chapter 2162, Government Code, by adding Section 2162.106 as follows: Sec. 2162.106. REVIEW OF PRISON INDUSTRIES OFFICE. (a) Requires the State Council on Competitive Government to conduct a comprehensive review of services provided by the TDCJ prison industries office to determine if those services may be better provided by selecting service providers through competition with other state agency providers of the services or through private commercial sources. Requires the review to focus on the most effective way to capture the business of state and local governmental entities and public and private educational institutions while maintaining the primary purpose of providing inmates with effective job training. (b) Provides that if the Council determines privatization of certain programs and services is appropriate, then the Council shall require the Department to engage in any process developed by the council to select a service provider through competition with other state agency providers of the service or through private commercial sources. SECTION 8: (a) Provides that the effective date of this Act is September 1, 1997, except as otherwise stated in this section. (b) Provides that the amendments to Section 493.002(a), Government Code, and Section 493.0052(a), Government Code, are effective September 1, 1998. Requires the Texas Board of Criminal Justice to complete the determination and designation of programs and services required by Section 493.0052(b), Government Code, as added by this Act, not later than September 1, 1998. (c) Requires TDCJ and TWC to establish the memorandum of understanding required by Section 501.097, as added by this Act, not later than December 1, 1997. (d) Requires the State Council on Competitive Government to complete the review required by Section 2162.106(a), Government Code, added by this Act, not later than September 1, 1998. (e) Requires the Sunset Advisory Commission to work cooperatively with the State Council on Competitive Government in reviewing the TDCJ for proposed legislation in the 76th Legislature to avoid duplication in the review of the prison industry office. (f) Requires the Criminal Justice Policy Council to submit the first biennial report required by Section 413.022, Government Code, as added by this Act, on or after January 1, 2001. SECTION 9: Requires the TBCJ to make appointments to the Prison Industries Advisory Committee as soon as possible after the effective date of this Act, to ensure the membership of that Committee includes those persons required by Section 497.003, Government Code, as amended by this Act. SECTION 10: Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute requires the Criminal Justice Policy Council, not the executive director of TDCJ, to develop methods for measuring the success of each program or service designed for the primary purpose of rehabilitating inmates and include in their biennial report the specific findings as to the success of each program or service. The substitute requires the programs and services division to administer the rehabilitation and reintegration programs designated by the board, not the executive director. The substitute also adds a new section requiring the department to maintain a program evaluation capability to determine the effectiveness of rehabilitation and reintegration programs and services provided to inmates. The original bill outlined a primary and secondary purpose of the prison industries office, whereas the substitute does not address this issue. The substitute requires specific representatives be appointed to the Advisory Committee; requires the Committee to make recommendations to the board on the effective use of prison industries programs; and requires the Committee to submit a report to the 76th Legislature outlining their recommendations, board's response, and the status of implementation efforts. The substitute requires the TDCJ to consider each inmate's needs and projected release date when assigning inmates to available job training positions in prison factories.