By Gray H.B. No. 3244
75R11884 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the efficient use of services and facilities for adult
1-3 offenders determined to have alcohol or drug abuse problems.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 76, Government Code, is amended by adding
1-6 Section 76.017 to read as follows:
1-7 Sec. 76.017. TREATMENT ALTERNATIVE TO INCARCERATION PROGRAM.
1-8 (a) A department may establish a treatment alternative to
1-9 incarceration program in each county served by the department
1-10 according to standards adopted by the division. A department may
1-11 enter into an interlocal cooperation agreement with one or more
1-12 other departments in order to establish this program on a regional
1-13 basis.
1-14 (b) The program must:
1-15 (1) include automatic screening and evaluation of a
1-16 person arrested for an offense, other than a Class C misdemeanor,
1-17 in which an element of the offense is the use or possession of
1-18 alcohol or the use, possession, or sale of a controlled substance
1-19 or marihuana;
1-20 (2) include automatic screening and evaluation of a
1-21 person arrested for an offense, other than a Class C misdemeanor,
1-22 in which the use of alcohol or drugs is suspected to have
1-23 significantly contributed to the offense for which the individual
1-24 has been arrested;
2-1 (3) coordinate the evaluation and referral to
2-2 treatment services; and
2-3 (4) make referrals for the appropriate treatment of a
2-4 person determined to be in need of treatment.
2-5 (c) A program administered under this section must use a
2-6 screening and evaluation procedure developed or approved by the
2-7 division.
2-8 (d) After a person is screened and evaluated, a
2-9 representative of the department shall meet with the participating
2-10 criminal justice and treatment agencies to review the person's case
2-11 and to determine if the person should be referred for treatment.
2-12 If a person is considered appropriate for referral, the person may
2-13 be referred to community-based treatment in accordance with
2-14 applicable law or any other treatment program deemed appropriate.
2-15 A magistrate may order a person to participate in a treatment
2-16 program recommended under this section as a condition of bond or
2-17 condition of pretrial release.
2-18 (e) A department may contract for the provision of treatment
2-19 services. The department may pay for services only if other
2-20 adequate public or private sources of payment are not available. A
2-21 person is responsible for the payment of any treatment program
2-22 recommended under this section if it is determined that a person
2-23 referred for treatment is able to pay for the costs of treatment or
2-24 if the person has insurance that will pay for the treatment. If a
2-25 person is able to pay for treatment or if the person has insurance
2-26 that will pay for the treatment, the payment may be made a
2-27 condition for receiving treatment.
3-1 (f) An employee of a department or treatment provider either
3-2 administering this program or providing services under this section
3-3 may exchange or otherwise disclose information regarding the
3-4 assessment, evaluation, or treatment of a person participating in
3-5 this program to:
3-6 (1) another employee of the department;
3-7 (2) an officer in the court that has jurisdiction over
3-8 the person's case;
3-9 (3) a county sheriff or jail administrator;
3-10 (4) an employee of the Texas Department of Criminal
3-11 Justice; or
3-12 (5) any employee in a facility, institution, or
3-13 halfway house in which a person may be confined in accordance with
3-14 a disposition of the criminal charges in the case.
3-15 SECTION 2. Section 493.009(g), Government Code, is amended
3-16 to read as follows:
3-17 (g) The department shall provide [at least 5,200] beds for
3-18 the purpose of operating the program for persons required to
3-19 participate in the program under Section 14, Article 42.12, Code of
3-20 Criminal Procedure, as amended by Chapter 900, Acts of the 73rd
3-21 Legislature, Regular Session, 1993, except that the beds may also
3-22 be used to house the following categories of persons:
3-23 (1) persons transferred under Subchapter A, Chapter
3-24 499, Government Code, and Section 8(i), Article 42.18, Code of
3-25 Criminal Procedure;
3-26 (2) persons whose community supervision or parole has
3-27 been modified;
4-1 (3) defendants confined in county jails awaiting
4-2 transfer to the institutional division; and
4-3 (4) inmates participating in the program described by
4-4 Section 501.0931.
4-5 SECTION 3. Section 501.093(f), Government Code, is amended
4-6 to read as follows:
4-7 (f) The institutional division may require that [shall make
4-8 available to] inmates selected [considered appropriate and eligible
4-9 candidates] by the division attend a substance abuse treatment
4-10 program that includes recognition and awareness of the disease
4-11 concept of addiction. The institutional division may use suitable
4-12 inmates as tutors in the program but must ensure that the inmate
4-13 tutors do not exercise any authority over other inmates. The
4-14 institutional division shall provide educational materials designed
4-15 to assist an inmate in understanding the inmate's alcohol or drug
4-16 dependency problem.
4-17 SECTION 4. Section 501.0931(g), Government Code, is amended
4-18 to read as follows:
4-19 (g) The institutional division shall adopt:
4-20 (1) a procedure for determining which [eligible]
4-21 inmates are the best candidates for participation in the program,
4-22 with priority for those [eligible] inmates who volunteer;
4-23 (2) a procedure for determining which inmates may be
4-24 required to participate in the program; and
4-25 (3) [(2)] rules of conduct for inmates participating
4-26 in the program.
4-27 SECTION 5. Section 509.003, Government Code, is amended by
5-1 adding Subsection (d) to read as follows:
5-2 (d) The division shall develop a screening and evaluation
5-3 procedure for use in accordance with Section 76.017. The division
5-4 shall determine if a single screening and evaluation procedure may
5-5 be used in each program. If the division determines that a single
5-6 procedure is not feasible, the division shall identify and approve
5-7 procedures that may be used.
5-8 SECTION 6. (a) In addition to substantive changes made by
5-9 this Act, this Act conforms:
5-10 (1) Chapter 76, Government Code, to Section 3.0151,
5-11 Chapter 321, Acts of the 74th Legislature, Regular Session, 1995;
5-12 and
5-13 (2) Section 509.003, Government Code, to Section
5-14 3.0091, Chapter 321, Acts of the 74th Legislature, Regular Session,
5-15 1995.
5-16 (b) Section 3.0151, Chapter 321, Acts of the 74th
5-17 Legislature, Regular Session, 1995, is repealed.
5-18 (c) To the extent of any conflict, this section prevails
5-19 over another Act of the 75th Legislature, Regular Session, 1997,
5-20 relating to nonsubstantive additions to and corrections in enacted
5-21 codes.
5-22 SECTION 7. The importance of this legislation and the
5-23 crowded condition of the calendars in both houses create an
5-24 emergency and an imperative public necessity that the
5-25 constitutional rule requiring bills to be read on three several
5-26 days in each house be suspended, and this rule is hereby suspended,
5-27 and that this Act take effect and be in force from and after its
6-1 passage, and it is so enacted.