1-1 By: Cuellar, Dukes, Alvarado H.B. No. 819
1-2 (Senate Sponsor - Ellis)
1-3 (In the Senate - Received from the House May 8, 1997;
1-4 May 12, 1997, read first time and referred to Committee on Criminal
1-5 Justice; May 18, 1997, reported favorably by the following vote:
1-6 Yeas 7, Nays 0; May 18, 1997, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to reducing the recidivism rate for individuals under the
1-10 supervision of the Texas Department of Criminal Justice.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Chapter 413, Government Code, is amended by
1-13 adding Section 413.022 to read as follows:
1-14 Sec. 413.022. RECIDIVISM PERFORMANCE REVIEW. (a) The
1-15 policy council shall develop methods for measuring the success of
1-16 each program or service determined by the Texas Board of Criminal
1-17 Justice under Section 493.0052 to be designed for the primary
1-18 purpose of rehabilitating inmates. On request of the policy
1-19 council, the provider of a program or service or a representative
1-20 of Sam Houston State University, the Texas Workforce Commission, or
1-21 the Texas Department of Criminal Justice shall assist the policy
1-22 council in developing the methods required by this section. The
1-23 Texas Department of Criminal Justice shall assist the council by
1-24 collecting data in accordance with those methods.
1-25 (b) Not later than January 1 of each odd-numbered year, the
1-26 policy council shall submit as part of the biennial plan required
1-27 by Section 413.015 specific findings as to the success of each
1-28 program or service described by Subsection (a) in reducing
1-29 recidivism of inmates and accomplishing other performance
1-30 objectives of the programs and services administered by the Texas
1-31 Department of Criminal Justice programs and services division.
1-32 SECTION 2. Section 493.002(a), Government Code, is amended
1-33 to read as follows:
1-34 (a) The following divisions are within the department:
1-35 (1) the community justice assistance division;
1-36 (2) the institutional division;
1-37 (3) the pardons and paroles division; [and]
1-38 (4) the state jail division; and
1-39 (5) the programs and services division.
1-40 SECTION 3. Chapter 493, Government Code, is amended by
1-41 adding Sections 493.0052 and 493.0082 to read as follows:
1-42 Sec. 493.0052. PROGRAMS AND SERVICES DIVISION. (a) The
1-43 programs and services division shall administer those
1-44 rehabilitation and reintegration programs and services designated
1-45 by the board under Subsection (b).
1-46 (b) The board shall determine which programs and services
1-47 operating under the authority of the department are designed for
1-48 the primary purpose of rehabilitating inmates and shall designate
1-49 those programs and services as programs and services provided under
1-50 the direction of the programs and services division.
1-51 Sec. 493.0082. PROGRAM EVALUATION CAPABILITY. The
1-52 department shall maintain a program evaluation capability separate
1-53 from the programs and services division to determine the
1-54 effectiveness of rehabilitation and reintegration programs and
1-55 services provided to inmates and other offenders under the
1-56 jurisdiction of the department.
1-57 SECTION 4. Section 497.003, Government Code, is amended to
1-58 read as follows:
1-59 Sec. 497.003. ADVISORY COMMITTEE. (a) The prison
1-60 industries advisory committee is composed of nine members appointed
1-61 by the board. In appointing members under this subsection, the
1-62 board shall appoint persons who represent business and industry,
1-63 including one member of the board and other persons who are:
1-64 (1) local workforce development board members;
2-1 (2) members of recognized labor organizations; and
2-2 (3) members of the staff of the State Occupational
2-3 Information Coordinating Committee.
2-4 (b) Members of the advisory committee serve staggered
2-5 three-year terms with the terms of three members expiring February
2-6 1 of each odd-numbered year.
2-7 (c) The prison industries advisory committee shall advise
2-8 the board on all aspects of prison industry operations, and shall
2-9 make recommendations to the board on the effective use of prison
2-10 industries programs to assist inmates in the development of job
2-11 skills necessary for successful reintegration into the community
2-12 after release from imprisonment.
2-13 (d) The board shall submit a report to the 76th Legislature
2-14 that outlines the advisory committee's recommendations, the board's
2-15 response, and the status of any implementation efforts associated
2-16 with the advisory committee's recommendations. This subsection
2-17 expires August 31, 2000.
2-18 SECTION 5. Section 497.004, Government Code, is amended by
2-19 adding Subsection (c) to read as follows:
2-20 (c) In assigning inmates to available job training positions
2-21 in prison factories, the department shall consider each inmate's
2-22 needs and projected release date.
2-23 SECTION 6. Subchapter C, Chapter 501, Government Code, is
2-24 amended by adding Section 501.097 to read as follows:
2-25 Sec. 501.097. REINTEGRATION SERVICES. (a) The department
2-26 and the Texas Workforce Commission shall by rule adopt a memorandum
2-27 of understanding that establishes their respective responsibilities
2-28 for providing inmates who are released into the community on parole
2-29 or other conditional release with a network of centers designed to
2-30 provide education, employment, and other support services based on
2-31 a "one stop for service" approach.
2-32 (b) An agency of the state not listed in this section that
2-33 determines that it may provide reintegration services to inmates
2-34 similar to those described by Subsection (a) may participate in the
2-35 development of the memorandum, if the department and the Texas
2-36 Workforce Commission approve the agency's participation.
2-37 SECTION 7. Subchapter C, Chapter 2162, Government Code, is
2-38 amended by adding Section 2162.106 to read as follows:
2-39 Sec. 2162.106. REVIEW OF PRISON INDUSTRIES OFFICE. (a) The
2-40 council shall conduct a comprehensive review of services provided
2-41 by the Texas Department of Criminal Justice prison industries
2-42 office under Chapter 497 to determine if those services may be
2-43 better provided by selecting service providers through competition
2-44 with other state agency providers of the services or through
2-45 private commercial sources. The review shall focus on the most
2-46 effective way to capture the business of state and local
2-47 governmental entities and public and private educational
2-48 institutions while maintaining the primary purpose of providing
2-49 inmates with effective job training.
2-50 (b) If the council determines that a service provided by the
2-51 Texas Department of Criminal Justice prison industries office may
2-52 be better provided by selecting the service provider through
2-53 competition, the council shall report that fact to the 76th
2-54 Legislature.
2-55 (c) This section expires August 31, 2000.
2-56 SECTION 8. (a) Except as otherwise provided by this
2-57 section, this Act takes effect September 1, 1997.
2-58 (b) Section 493.002(a), Government Code, as amended by this
2-59 Act, and Section 493.0052(a), Government Code, as added by this
2-60 Act, take effect September 1, 1998. The Texas Board of Criminal
2-61 Justice shall complete the determination and designation of
2-62 programs and services required by Section 493.0052(b), Government
2-63 Code, as added by this Act, not later than September 1, 1998.
2-64 (c) The Texas Department of Criminal Justice and the Texas
2-65 Workforce Commission shall establish the memorandum of
2-66 understanding required by Section 501.097, as added by this Act,
2-67 not later than December 1, 1997.
2-68 (d) The State Council on Competitive Government shall
2-69 complete the review required by Section 2162.106(a), Government
3-1 Code, as added by this Act, not later than September 1, 1998.
3-2 (e) The Sunset Advisory Commission shall work cooperatively
3-3 with the State Council on Competitive Government in reviewing the
3-4 Texas Department of Criminal Justice for proposed legislation in
3-5 the 76th Legislature to avoid duplication in the review of the
3-6 prison industries office.
3-7 (f) The Criminal Justice Policy Council shall submit the
3-8 first biennial report required by Section 413.022, Government Code,
3-9 as added by this Act, on or before January 1, 2001.
3-10 SECTION 9. As soon as possible on or after the effective
3-11 date of this Act, the Texas Board of Criminal Justice shall make
3-12 appointments to the prison industries advisory committee to the
3-13 Texas Department of Criminal Justice to ensure the membership of
3-14 that committee includes those persons required by Section 497.003,
3-15 Government Code, as amended by this Act.
3-16 SECTION 10. If in another Act of the 75th Legislature,
3-17 Regular Session, 1997, that is enacted and becomes law the name of
3-18 the prison industries office in the Texas Department of Criminal
3-19 Justice is changed to Texas correctional industries office, a
3-20 reference to the prison industries office in law amended or added
3-21 by this Act means the Texas correctional industries office of the
3-22 Texas Department of Criminal Justice.
3-23 SECTION 11. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
3-26 constitutional rule requiring bills to be read on three several
3-27 days in each house be suspended, and this rule is hereby suspended.
3-28 * * * * *