By Cuellar H.B. No. 819
75R4256 PEP-D
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. Section 493.002(a), Government Code, is amended
1-6 to read as follows:
1-7 (a) The following divisions are within the department:
1-8 (1) the community justice assistance division;
1-9 (2) the institutional division;
1-10 (3) the pardons and paroles division; [and]
1-11 (4) the state jail division; and
1-12 (5) the programs and services division.
1-13 SECTION 2. Chapter 493, Government Code, is amended by
1-14 adding Section 493.0052 to read as follows:
1-15 Sec. 493.0052. PROGRAMS AND SERVICES DIVISION. (a) The
1-16 programs and services division shall operate and manage those
1-17 rehabilitation and reintegration programs and services designated
1-18 by the executive director under Subsection (b).
1-19 (b) The executive director shall determine which programs
1-20 and services operating under the authority of the department are
1-21 designed for the primary purpose of rehabilitating inmates and
1-22 successfully reintegrating inmates into the community after release
1-23 from imprisonment and shall designate those programs and services
1-24 as programs and services operating under the direction of the
2-1 programs and services division. The designated programs and
2-2 services shall include appropriate preparole, prerelease, work
2-3 release, and prison industries programs.
2-4 SECTION 3. Section 497.002(a), Government Code, is amended
2-5 to read as follows:
2-6 (a) The primary purpose [purposes] of the prison industries
2-7 office is [are] to provide adequate employment and vocational
2-8 training to promote the rehabilitation of inmates and to
2-9 successfully reintegrate inmates into the community after release
2-10 from imprisonment. A secondary purpose of the prison industries
2-11 office is the development and expansion of public and private
2-12 prison industries.
2-13 SECTION 4. Section 497.003, Government Code, is amended to
2-14 read as follows:
2-15 Sec. 497.003. ADVISORY COMMITTEE. (a) The prison
2-16 industries advisory committee is composed of nine members appointed
2-17 by the board. In appointing members under this subsection, the
2-18 board shall include persons who have experience in industrial
2-19 management, job training, and labor. Members of the advisory
2-20 committee serve staggered three-year terms with the terms of three
2-21 members expiring February 1 of each odd-numbered year.
2-22 (b) The prison industries advisory committee shall advise
2-23 the board on all aspects of prison industry operations, including
2-24 the effective use of prison industries programs to assist inmates
2-25 in the development of job skills necessary for successful
2-26 reintegration into the community after release from imprisonment.
2-27 SECTION 5. Section 497.004, Government Code, is amended by
3-1 adding Subsection (c) to read as follows:
3-2 (c) In assigning inmates to available job training positions
3-3 in prison factories, the department shall give preference to
3-4 inmates who are within three years of release, as determined under
3-5 Article 42.18, Code of Criminal Procedure.
3-6 SECTION 6. Subchapter C, Chapter 501, Government Code, is
3-7 amended by adding Sections 501.092 and 501.097 to read as follows:
3-8 Sec. 501.092. PERFORMANCE REVIEW. (a) The executive
3-9 director shall determine which programs and services operating
3-10 under the direction of the department are charged with reducing
3-11 recidivism among inmates and shall develop methods for measuring
3-12 the success of each such program or service. On request of the
3-13 executive director, a program or service provider or a
3-14 representative of Sam Houston State University, the Texas Workforce
3-15 Commission, or the Criminal Justice Policy Council shall assist the
3-16 executive director in developing the methods required by this
3-17 section and collecting data in accordance with those methods.
3-18 (b) Not later than January 1 of each odd-numbered year, the
3-19 executive director shall submit a biennial report to the governor
3-20 and to the Legislative Budget Board that contains information
3-21 regarding the methods developed and data collected under Subsection
3-22 (a). The report shall include specific findings as to the success
3-23 of programs and services in contributing to the ability of inmates
3-24 to reintegrate into the community after release from imprisonment,
3-25 including the ability to control substance abuse, acquire
3-26 educational degrees or certificates, find and maintain employment,
3-27 and earn a sufficient living.
4-1 Sec. 501.097. REINTEGRATION SERVICES. (a) The department
4-2 and the Texas Workforce Commission shall by rule adopt a memorandum
4-3 of understanding that establishes their respective responsibilities
4-4 for providing inmates who are released into the community on parole
4-5 or other conditional release with a network of centers designed to
4-6 provide education, employment, and other support services based on
4-7 a "one stop for service" approach.
4-8 (b) An agency of the state not listed in this section that
4-9 determines that it may provide reintegration services to inmates
4-10 similar to those described by Subsection (a) may participate in the
4-11 development of the memorandum, if the department and the Texas
4-12 Workforce Commission approve the agency's participation.
4-13 SECTION 7. Subchapter C, Chapter 2162, Government Code, is
4-14 amended by adding Section 2162.106 to read as follows:
4-15 Sec. 2162.106. REVIEW OF PRISON INDUSTRIES OFFICE. (a) The
4-16 council shall conduct a comprehensive review of services provided
4-17 by the Texas Department of Criminal Justice prison industries
4-18 office under Chapter 497 to determine if those services may be
4-19 better provided by selecting service providers through competition
4-20 with other state agency providers of the services or through
4-21 private commercial sources. The review shall focus on the most
4-22 effective way to capture the business of state and local
4-23 governmental entities and public and private educational
4-24 institutions while maintaining the primary purpose of providing
4-25 inmates with effective job training.
4-26 (b) If the council determines that a service provided by the
4-27 Texas Department of Criminal Justice prison industries office may
5-1 be better provided by selecting the service provider through
5-2 competition, the council shall require the Texas Department of
5-3 Criminal Justice to engage in any process developed by the council
5-4 to select a service provider through competition with other state
5-5 agency providers of the service or through private commercial
5-6 sources.
5-7 SECTION 8. (a) Except as otherwise provided by this
5-8 section, this Act takes effect September 1, 1997.
5-9 (b) Section 493.002(a), Government Code, as amended by this
5-10 Act, and Section 493.0052(a), Government Code, as added by this
5-11 Act, take effect September 1, 1998.
5-12 (c) The executive director of the Texas Department of
5-13 Criminal Justice shall:
5-14 (1) complete the determination and designation of
5-15 programs and services required by Section 493.0052(b), Government
5-16 Code, as added by this Act, not later than September 1, 1998; and
5-17 (2) submit the first biennial report required by
5-18 Section 501.092, Government Code, as added by this Act, on or
5-19 before January 1, 2001.
5-20 (d) The Texas Department of Criminal Justice and the Texas
5-21 Workforce Commission shall establish the memorandum of
5-22 understanding required by Section 501.097, as added by this Act,
5-23 not later than March 1, 1998.
5-24 (e) The State Council on Competitive Government shall
5-25 complete the review required by Section 2162.106(a), Government
5-26 Code, as added by this Act, not later than September 1, 1998.
5-27 SECTION 9. As soon as possible on or after the effective
6-1 date of this Act, the Texas Board of Criminal Justice shall make
6-2 appointments to the prison industries advisory committee to the
6-3 Texas Department of Criminal Justice to ensure the membership of
6-4 that committee includes those persons required by Section 497.003,
6-5 Government Code, as amended by this Act.
6-6 SECTION 10. The importance of this legislation and the
6-7 crowded condition of the calendars in both houses create an
6-8 emergency and an imperative public necessity that the
6-9 constitutional rule requiring bills to be read on three several
6-10 days in each house be suspended, and this rule is hereby suspended.