SRC-CDH H.B. 3244 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3244
By: Gray (Whitmire)
Criminal Justice
5-17-97
Engrossed


DIGEST 

Currently, the Texas Department of Criminal Justice-Community Justice
Assistance Division administers the Treatment Alternative to Incarceration
Program (TAIP), which provides screening, assessment, and substance abuse
treatment to any person arrested for an offense greater than a Class C
misdemeanor involving alcohol or drugs.  The program provides judges with
a sentencing option in lieu of incarceration for chemically dependent
offenders.  The program is also an early intervention program for minor
offenses related to substance abuse.  Current law requires defendants to
be assessed rather than evaluated.  Assessment is a diagnosis on chemical
dependency status and the level of treatment needed.  An evaluation
reviews not only chemical dependency status, but also how a person's
criminality influences the appropriate type of treatment.  The Texas
Department of Criminal Justice (TDCJ) also administers another substance
abuse treatment program for offenders known as the Substance Abuse Felony
Punishment (SAFP) program, which provides nine months of treatment in a
therapeutic community environment followed by residential and out-patient
treatment upon release.  Current law requires TDCJ to provide not less
than 5,200 SAFP beds; however, TDCJ has received funding for only 4,500
SAFP beds. 

H.B. 3244 would recodify the TAIP statute from the Code of Criminal
Procedure to the Government Code and make the language consistent with the
sections of the Code of Criminal Procedure pertaining to presentence
investigations and DWI community supervision.  These two sections require
community supervision officers to perform substance abuse evaluations,
rather than assessments, of criminal defendants, and to report the results
to the court.  This bill would also eliminate the requirement that TDCJ
provide at least 5,200 SAFP beds, leaving the size of the SAFP program to
be governed by the General Appropriations Act. 

PURPOSE

As proposed, H.B. 3244 provides for the efficient use of services and
facilities for adult offenders determined to have alcohol or drug abuse
problems. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the institutional division of the Texas
Department of Criminal Justice in SECTION 4 (Section 501.0931(g),
Government Code. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 76, Government Code, by adding Section 76.017,
as follows: 

Sec. 76.017.  TREATMENT ALTERNATIVE TO INCARCERATION PROGRAM. Authorizes
the community supervision and corrections department of the Texas
Department of Criminal Justice established under this chapter (department)
to establish a treatment alternative to incarceration program in each
county served by the department according to standards adopted by the
community justice assistance division of the Texas Department of Criminal
Justice (division).  Authorizes the department to enter into an interlocal
cooperation agreement with one or more other departments in order to
establish this program on a regional basis.  Requires the program to
fulfill certain requirements.  Sets forth the procedure for determining if
a person should be referred for treatment.  Authorizes the department to
contract for the provision of treatment services.  Establishes the
provisions regarding  payment of any treatment program recommended under
this section.  Sets forth the persons to which an employee of the
department or a treatment provider either administering this program or
providing services is authorized to disclose information regarding the
treatment of a person participating in this program. 

SECTION 2. Amends Section 493.009(g), Government Code, to delete the
provision requiring the Texas Department of Criminal Justice (TDCJ) to
provide at least 5,200 beds for the purpose of operating the program for
persons required to participate in the program.   

SECTION 3. Amends Section 501.093(f), Government Code, to authorize the
institutional division of TDCJ (institutional division) to require that
inmates selected by the institutional division attend a substance abuse
treatment program.  Deletes existing text requiring the institutional
division to make a substance abuse treatment program available to inmates
considered appropriate and eligible candidates by the institutional
division. 

SECTION 4. Amends Section 501.0931(g), Government Code, to require the
institutional division to adopt a  procedure for determining which inmates
may be required to participate in the program. Makes conforming changes.   

SECTION 5. Amends Section 509.003, Government Code, by adding Subsection
(d), to require the institutional division to develop a screening and
evaluation procedure for use in accordance with Section 76.017.  Requires
the institutional division to determine if a single screening and
evaluation procedure may be used in each program.  Requires the
institutional division, if the institutional division determines that a
single procedure is not feasible, to identify and approve procedures that
may be used. 

SECTION 6. (a)  Provides that in addition to substantive changes made by
this Act, this Act conforms Chapter 76, Government Code, to Section
3.0151, Chapter 321, Acts of the 74th Legislature, Regular Session, 1995;
and Section 509.003, Government Code, to Section 3.0091, Chapter 321, Acts
of the 74th Legislature, Regular Session, 1995.   

(b)  Repealer:  Section 3.0151, Chapter 321, Acts of the 74th Legislature,
Regular Session, 1995 (Treatment Alternative to Incarceration Program). 

(c)  Provides that to the extent of any conflict, this section prevails
over another Act of the 75th Legislature, Regular Session, 1997, relating
to nonsubstantive additions to and corrections in enacted codes. 

SECTION 7. Emergency clause.
  Effective date:  upon passage.