By Gray                                         H.B. No. 3244

      75R6205 GWK-F                           

                                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 assessment 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.  (a)  In addition to substantive changes made by

 4-6     this Act, this Act conforms Chapter 76, Government Code, to Section

 4-7     3.0151, Chapter 321, Acts of the 74th Legislature, Regular Session,

 4-8     1995.

 4-9           (b)  Section 3.0151, Chapter 321, Acts of the 74th

4-10     Legislature, Regular Session, 1995, is repealed.

4-11           (c)  To the extent of any conflict, this section prevails

4-12     over another Act of the 75th Legislature, Regular Session, 1997,

4-13     relating to nonsubstantive additions to and corrections in enacted

4-14     codes.

4-15           SECTION 4.  The importance of this legislation and the

4-16     crowded condition of the calendars in both houses create an

4-17     emergency and an imperative public necessity that the

4-18     constitutional rule requiring bills to be read on three several

4-19     days in each house be suspended, and this rule is hereby suspended,

4-20     and that this Act take effect and be in force from and after its

4-21     passage, and it is so enacted.