By Alvarado H.B. No. 1565
75R6546 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 administer those
1-17 rehabilitation and reintegration programs and services designated
1-18 by the board under Subsection (b).
1-19 (b) The board shall determine which programs and services
1-20 operating under the authority of the department are designed for
1-21 the primary purpose of rehabilitating inmates and successfully
1-22 reintegrating inmates into the community after release from
1-23 imprisonment and shall designate those programs and services as
1-24 programs and services operating under the direction of the programs
2-1 and services division. The designated programs and services shall
2-2 include:
2-3 (1) substance abuse treatment and sex offender
2-4 treatment programs;
2-5 (2) pre-parole, prerelease, work release, and prison
2-6 industries programs; and
2-7 (3) educational and rehabilitative programs operated
2-8 by the Windham School District.
2-9 SECTION 3. Section 497.002(a), Government Code, is amended
2-10 to read as follows:
2-11 (a) The primary purpose [purposes] of the prison industries
2-12 office is [are] to provide adequate employment and vocational
2-13 training to promote the rehabilitation of inmates and to
2-14 successfully reintegrate inmates into the community after release
2-15 from imprisonment. A secondary purpose of the prison industries
2-16 office is the development and expansion of public and private
2-17 prison industries.
2-18 SECTION 4. Section 497.003, Government Code, is amended to
2-19 read as follows:
2-20 Sec. 497.003. ADVISORY COMMITTEE. (a) The prison
2-21 industries advisory committee is composed of nine members appointed
2-22 by the board. In appointing members under this subsection, the
2-23 board shall appoint persons who represent business and industry,
2-24 including one member of the board and other persons who are:
2-25 (1) local workforce development board members;
2-26 (2) members of recognized labor organizations; and
2-27 (3) members of the staff of the State Occupational
3-1 Information Coordinating Committee.
3-2 (b) Members of the advisory committee serve staggered
3-3 three-year terms with the terms of three members expiring February
3-4 1 of each odd-numbered year.
3-5 (c) The prison industries advisory committee shall advise
3-6 the board on all aspects of prison industry operations, including
3-7 the effective use of prison industries programs to assist inmates
3-8 in the development of job skills necessary for successful
3-9 reintegration into the community after release from imprisonment.
3-10 SECTION 5. Section 497.004, Government Code, is amended by
3-11 adding Subsection (c) to read as follows:
3-12 (c) In assigning inmates to available job training positions
3-13 in prison factories, the department shall give preference to
3-14 inmates who are within three years of release, as determined under
3-15 Article 42.18, Code of Criminal Procedure.
3-16 SECTION 6. Subchapter C, Chapter 501, Government Code, is
3-17 amended by adding Sections 501.092 and 501.097 to read as follows:
3-18 Sec. 501.092. PERFORMANCE REVIEW. (a) The board shall
3-19 direct the department to develop methods for measuring the success
3-20 of each program or service administered by the programs and
3-21 services division. The executive director shall seek assistance
3-22 from program and service providers, and a representative of the Sam
3-23 Houston State University criminal justice center, the Texas
3-24 Workforce Commission, and the Criminal Justice Policy Council in
3-25 developing the methods required by this section and collecting data
3-26 in accordance with those methods.
3-27 (b) Not later than January 1 of each odd-numbered year, the
4-1 executive director shall submit a biennial report to the governor
4-2 and to the Legislative Budget Board that contains information
4-3 regarding the methods developed and data collected under Subsection
4-4 (a). The report shall include specific findings as to the success
4-5 of programs and services in contributing to the ability of inmates
4-6 to reintegrate into the community after release from imprisonment,
4-7 including the ability to control substance abuse, acquire
4-8 educational degrees or certificates, find and maintain employment,
4-9 and earn a sufficient living.
4-10 Sec. 501.097. REINTEGRATION SERVICES. (a) The department
4-11 and the Texas Workforce Commission shall by rule adopt a memorandum
4-12 of understanding that establishes their respective responsibilities
4-13 for providing inmates who are released into the community on parole
4-14 or other conditional release with a network of centers designed to
4-15 provide education, employment, and other support services based on
4-16 a "one stop for service" approach.
4-17 (b) An agency of the state not listed in this section that
4-18 determines that it may provide reintegration services to inmates
4-19 similar to those described by Subsection (a) may participate in the
4-20 development of the memorandum, if the department and the Texas
4-21 Workforce Commission approve the agency's participation.
4-22 SECTION 7. Subchapter C, Chapter 2162, Government Code, is
4-23 amended by adding Section 2162.106 to read as follows:
4-24 Sec. 2162.106. REVIEW OF PRISON INDUSTRIES OFFICE. (a) The
4-25 council shall conduct a comprehensive review of services provided
4-26 by the Texas Department of Criminal Justice prison industries
4-27 office under Chapter 497 to determine if those services may be
5-1 better provided by selecting service providers through competition
5-2 with other state agency providers of the services or through
5-3 private commercial sources. The review shall focus on the most
5-4 effective way to capture the business of state and local
5-5 governmental entities and public and private educational
5-6 institutions while maintaining the primary purpose of providing
5-7 inmates with effective job training.
5-8 (b) If the council determines that a service provided by the
5-9 Texas Department of Criminal Justice prison industries office may
5-10 be better provided by selecting the service provider through
5-11 competition, the council shall require the Texas Department of
5-12 Criminal Justice to engage in any process developed by the council
5-13 to select a service provider through competition with other state
5-14 agency providers of the service or through private commercial
5-15 sources.
5-16 SECTION 8. (a) Except as otherwise provided by this
5-17 section, this Act takes effect September 1, 1997.
5-18 (b) Section 493.002(a), Government Code, as amended by this
5-19 Act, and Section 493.0052(a), Government Code, as added by this
5-20 Act, take effect September 1, 1998. The Texas Board of Criminal
5-21 Justice shall complete the determination and designation of
5-22 programs and services required by Section 493.0052(b), Government
5-23 Code, as added by this Act, not later than September 1, 1998.
5-24 (c) The executive director of the Texas Department of
5-25 Criminal Justice shall submit the first biennial report required by
5-26 Section 501.092, Government Code, as added by this Act, on or
5-27 before January 1, 2001.
6-1 (d) The Texas Department of Criminal Justice and the Texas
6-2 Workforce Commission shall establish the memorandum of
6-3 understanding required by Section 501.097, as added by this Act,
6-4 not later than December 1, 1997.
6-5 (e) The State Council on Competitive Government shall
6-6 complete the review required by Section 2162.106(a), Government
6-7 Code, as added by this Act, not later than September 1, 1998.
6-8 SECTION 9. As soon as possible on or after the effective
6-9 date of this Act, the Texas Board of Criminal Justice shall make
6-10 appointments to the prison industries advisory committee to the
6-11 Texas Department of Criminal Justice to ensure the membership of
6-12 that committee includes those persons required by Section 497.003,
6-13 Government Code, as amended by this Act.
6-14 SECTION 10. The importance of this legislation and the
6-15 crowded condition of the calendars in both houses create an
6-16 emergency and an imperative public necessity that the
6-17 constitutional rule requiring bills to be read on three several
6-18 days in each house be suspended, and this rule is hereby suspended.