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                                  * * * * *