By Cuellar, Dukes, Alvarado H.B. No. 819
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to reducing the recidivism rate for individuals under the
1-3 supervision of the Texas Department of Criminal Justice.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 413, Government Code, is amended by
1-6 adding Section 413.022 to read as follows:
1-7 Sec. 413.022. RECIDIVISM PERFORMANCE REVIEW. (a) The
1-8 policy council shall develop methods for measuring the success of
1-9 each program or service determined by the Texas Board of Criminal
1-10 Justice under Section 493.0052 to be designed for the primary
1-11 purpose of rehabilitating inmates. On request of the policy
1-12 council, the provider of a program or service or a representative
1-13 of Sam Houston State University, the Texas Workforce Commission, or
1-14 the Texas Department of Criminal Justice shall assist the policy
1-15 council in developing the methods required by this section. The
1-16 Texas Department of Criminal Justice shall assist the council by
1-17 collecting data in accordance with those methods.
1-18 (b) Not later than January 1 of each odd-numbered year, the
1-19 policy council shall submit as part of the biennial plan required
1-20 by Section 413.015 specific findings as to the success of each
1-21 program or service described by Subsection (a) in reducing
1-22 recidivism of inmates and accomplishing other performance
1-23 objectives of the programs and services administered by the Texas
1-24 Department of Criminal Justice programs and services division.
2-1 SECTION 2. Section 493.002(a), Government Code, is amended
2-2 to read as follows:
2-3 (a) The following divisions are within the department:
2-4 (1) the community justice assistance division;
2-5 (2) the institutional division;
2-6 (3) the pardons and paroles division; [and]
2-7 (4) the state jail division; and
2-8 (5) the programs and services division.
2-9 SECTION 3. Chapter 493, Government Code, is amended by
2-10 adding Sections 493.0052 and 493.0082 to read as follows:
2-11 Sec. 493.0052. PROGRAMS AND SERVICES DIVISION. (a) The
2-12 programs and services division shall administer those
2-13 rehabilitation and reintegration programs and services designated
2-14 by the board under Subsection (b).
2-15 (b) The board shall determine which programs and services
2-16 operating under the authority of the department are designed for
2-17 the primary purpose of rehabilitating inmates and shall designate
2-18 those programs and services as programs and services provided under
2-19 the direction of the programs and services division.
2-20 Sec. 493.0082. PROGRAM EVALUATION CAPABILITY. The
2-21 department shall maintain a program evaluation capability separate
2-22 from the programs and services division to determine the
2-23 effectiveness of rehabilitation and reintegration programs and
2-24 services provided to inmates and other offenders under the
2-25 jurisdiction of the department.
2-26 SECTION 4. Section 497.003, Government Code, is amended to
2-27 read as follows:
3-1 Sec. 497.003. ADVISORY COMMITTEE. (a) The prison
3-2 industries advisory committee is composed of nine members appointed
3-3 by the board. In appointing members under this subsection, the
3-4 board shall appoint persons who represent business and industry,
3-5 including one member of the board and other persons who are:
3-6 (1) local workforce development board members;
3-7 (2) members of recognized labor organizations; and
3-8 (3) members of the staff of the State Occupational
3-9 Information Coordinating Committee.
3-10 (b) Members of the advisory committee serve staggered
3-11 three-year terms with the terms of three members expiring February
3-12 1 of each odd-numbered year.
3-13 (c) The prison industries advisory committee shall advise
3-14 the board on all aspects of prison industry operations, and shall
3-15 make recommendations to the board on the effective use of prison
3-16 industries programs to assist inmates in the development of job
3-17 skills necessary for successful reintegration into the community
3-18 after release from imprisonment.
3-19 (d) The board shall submit a report to the 76th Legislature
3-20 that outlines the advisory committee's recommendations, the board's
3-21 response, and the status of any implementation efforts associated
3-22 with the advisory committee's recommendations. This subsection
3-23 expires August 31, 2000.
3-24 SECTION 5. Section 497.004, Government Code, is amended by
3-25 adding Subsection (c) to read as follows:
3-26 (c) In assigning inmates to available job training positions
3-27 in prison factories, the department shall consider each inmate's
4-1 needs and projected release date.
4-2 SECTION 6. Subchapter C, Chapter 501, Government Code, is
4-3 amended by adding Section 501.097 to read as follows:
4-4 Sec. 501.097. REINTEGRATION SERVICES. (a) The department
4-5 and the Texas Workforce Commission shall by rule adopt a memorandum
4-6 of understanding that establishes their respective responsibilities
4-7 for providing inmates who are released into the community on parole
4-8 or other conditional release with a network of centers designed to
4-9 provide education, employment, and other support services based on
4-10 a "one stop for service" approach.
4-11 (b) An agency of the state not listed in this section that
4-12 determines that it may provide reintegration services to inmates
4-13 similar to those described by Subsection (a) may participate in the
4-14 development of the memorandum, if the department and the Texas
4-15 Workforce Commission approve the agency's participation.
4-16 SECTION 7. Subchapter C, Chapter 2162, Government Code, is
4-17 amended by adding Section 2162.106 to read as follows:
4-18 Sec. 2162.106. REVIEW OF PRISON INDUSTRIES OFFICE. (a) The
4-19 council shall conduct a comprehensive review of services provided
4-20 by the Texas Department of Criminal Justice prison industries
4-21 office under Chapter 497 to determine if those services may be
4-22 better provided by selecting service providers through competition
4-23 with other state agency providers of the services or through
4-24 private commercial sources. The review shall focus on the most
4-25 effective way to capture the business of state and local
4-26 governmental entities and public and private educational
4-27 institutions while maintaining the primary purpose of providing
5-1 inmates with effective job training.
5-2 (b) If the council determines that a service provided by the
5-3 Texas Department of Criminal Justice prison industries office may
5-4 be better provided by selecting the service provider through
5-5 competition, the council shall report that fact to the 76th
5-6 Legislature.
5-7 (c) This section expires August 31, 2000.
5-8 SECTION 8. (a) Except as otherwise provided by this
5-9 section, this Act takes effect September 1, 1997.
5-10 (b) Section 493.002(a), Government Code, as amended by this
5-11 Act, and Section 493.0052(a), Government Code, as added by this
5-12 Act, take effect September 1, 1998. The Texas Board of Criminal
5-13 Justice shall complete the determination and designation of
5-14 programs and services required by Section 493.0052(b), Government
5-15 Code, as added by this Act, not later than September 1, 1998.
5-16 (c) The Texas Department of Criminal Justice and the Texas
5-17 Workforce Commission shall establish the memorandum of
5-18 understanding required by Section 501.097, as added by this Act,
5-19 not later than December 1, 1997.
5-20 (d) The State Council on Competitive Government shall
5-21 complete the review required by Section 2162.106(a), Government
5-22 Code, as added by this Act, not later than September 1, 1998.
5-23 (e) The Sunset Advisory Commission shall work cooperatively
5-24 with the State Council on Competitive Government in reviewing the
5-25 Texas Department of Criminal Justice for proposed legislation in
5-26 the 76th Legislature to avoid duplication in the review of the
5-27 prison industries office.
6-1 (f) The Criminal Justice Policy Council shall submit the
6-2 first biennial report required by Section 413.022, Government Code,
6-3 as added by this Act, on or before January 1, 2001.
6-4 SECTION 9. As soon as possible on or after the effective
6-5 date of this Act, the Texas Board of Criminal Justice shall make
6-6 appointments to the prison industries advisory committee to the
6-7 Texas Department of Criminal Justice to ensure the membership of
6-8 that committee includes those persons required by Section 497.003,
6-9 Government Code, as amended by this Act.
6-10 SECTION 10. If in another Act of the 75th Legislature,
6-11 Regular Session, 1997, that is enacted and becomes law the name of
6-12 the prison industries office in the Texas Department of Criminal
6-13 Justice is changed to Texas correctional industries office, a
6-14 reference to the prison industries office in law amended or added
6-15 by this Act means the Texas correctional industries office of the
6-16 Texas Department of Criminal Justice.
6-17 SECTION 11. The importance of this legislation and the
6-18 crowded condition of the calendars in both houses create an
6-19 emergency and an imperative public necessity that the
6-20 constitutional rule requiring bills to be read on three several
6-21 days in each house be suspended, and this rule is hereby suspended.