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.