1-1 By: Gray (Senate Sponsor - Whitmire) H.B. No. 3244
1-2 (In the Senate - Received from the House May 16, 1997;
1-3 May 16, 1997, read first time and referred to Committee on Criminal
1-4 Justice; May 18, 1997, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the efficient use of services and facilities for adult
1-9 offenders determined to have alcohol or drug abuse problems.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Chapter 76, Government Code, is amended by adding
1-12 Section 76.017 to read as follows:
1-13 Sec. 76.017. TREATMENT ALTERNATIVE TO INCARCERATION PROGRAM.
1-14 (a) A department may establish a treatment alternative to
1-15 incarceration program in each county served by the department
1-16 according to standards adopted by the division. A department may
1-17 enter into an interlocal cooperation agreement with one or more
1-18 other departments in order to establish this program on a regional
1-19 basis.
1-20 (b) The program must:
1-21 (1) include automatic screening and evaluation of a
1-22 person arrested for an offense, other than a Class C misdemeanor,
1-23 in which an element of the offense is the use or possession of
1-24 alcohol or the use, possession, or sale of a controlled substance
1-25 or marihuana;
1-26 (2) include automatic screening and evaluation of a
1-27 person arrested for an offense, other than a Class C misdemeanor,
1-28 in which the use of alcohol or drugs is suspected to have
1-29 significantly contributed to the offense for which the individual
1-30 has been arrested;
1-31 (3) coordinate the evaluation and referral to
1-32 treatment services; and
1-33 (4) make referrals for the appropriate treatment of a
1-34 person determined to be in need of treatment.
1-35 (c) A program administered under this section must use a
1-36 screening and evaluation procedure developed or approved by the
1-37 division.
1-38 (d) After a person is screened and evaluated, a
1-39 representative of the department shall meet with the participating
1-40 criminal justice and treatment agencies to review the person's case
1-41 and to determine if the person should be referred for treatment.
1-42 If a person is considered appropriate for referral, the person may
1-43 be referred to community-based treatment in accordance with
1-44 applicable law or any other treatment program deemed appropriate.
1-45 A magistrate may order a person to participate in a treatment
1-46 program recommended under this section as a condition of bond or
1-47 condition of pretrial release.
1-48 (e) A department may contract for the provision of treatment
1-49 services. The department may pay for services only if other
1-50 adequate public or private sources of payment are not available. A
1-51 person is responsible for the payment of any treatment program
1-52 recommended under this section if it is determined that a person
1-53 referred for treatment is able to pay for the costs of treatment or
1-54 if the person has insurance that will pay for the treatment. If a
1-55 person is able to pay for treatment or if the person has insurance
1-56 that will pay for the treatment, the payment may be made a
1-57 condition for receiving treatment.
1-58 (f) An employee of a department or treatment provider either
1-59 administering this program or providing services under this section
1-60 may exchange or otherwise disclose information regarding the
1-61 assessment, evaluation, or treatment of a person participating in
1-62 this program to:
1-63 (1) another employee of the department;
1-64 (2) an officer in the court that has jurisdiction over
2-1 the person's case;
2-2 (3) a county sheriff or jail administrator;
2-3 (4) an employee of the Texas Department of Criminal
2-4 Justice; or
2-5 (5) any employee in a facility, institution, or
2-6 halfway house in which a person may be confined in accordance with
2-7 a disposition of the criminal charges in the case.
2-8 SECTION 2. Section 493.009(g), Government Code, is amended
2-9 to read as follows:
2-10 (g) The department shall provide [at least 5,200] beds for
2-11 the purpose of operating the program for persons required to
2-12 participate in the program under Section 14, Article 42.12, Code of
2-13 Criminal Procedure, as amended by Chapter 900, Acts of the 73rd
2-14 Legislature, Regular Session, 1993, except that the beds may also
2-15 be used to house the following categories of persons:
2-16 (1) persons transferred under Subchapter A, Chapter
2-17 499, Government Code, and Section 8(i), Article 42.18, Code of
2-18 Criminal Procedure;
2-19 (2) persons whose community supervision or parole has
2-20 been modified;
2-21 (3) defendants confined in county jails awaiting
2-22 transfer to the institutional division; and
2-23 (4) inmates participating in the program described by
2-24 Section 501.0931.
2-25 SECTION 3. Section 501.093(f), Government Code, is amended
2-26 to read as follows:
2-27 (f) The institutional division may require that [shall make
2-28 available to] inmates selected [considered appropriate and eligible
2-29 candidates] by the division attend a substance abuse treatment
2-30 program that includes recognition and awareness of the disease
2-31 concept of addiction. The institutional division may use suitable
2-32 inmates as tutors in the program but must ensure that the inmate
2-33 tutors do not exercise any authority over other inmates. The
2-34 institutional division shall provide educational materials designed
2-35 to assist an inmate in understanding the inmate's alcohol or drug
2-36 dependency problem.
2-37 SECTION 4. Section 501.0931(g), Government Code, is amended
2-38 to read as follows:
2-39 (g) The institutional division shall adopt:
2-40 (1) a procedure for determining which [eligible]
2-41 inmates are the best candidates for participation in the program,
2-42 with priority for those [eligible] inmates who volunteer;
2-43 (2) a procedure for determining which inmates may be
2-44 required to participate in the program; and
2-45 (3) [(2)] rules of conduct for inmates participating
2-46 in the program.
2-47 SECTION 5. Section 509.003, Government Code, is amended by
2-48 adding Subsection (d) to read as follows:
2-49 (d) The division shall develop a screening and evaluation
2-50 procedure for use in accordance with Section 76.017. The division
2-51 shall determine if a single screening and evaluation procedure may
2-52 be used in each program. If the division determines that a single
2-53 procedure is not feasible, the division shall identify and approve
2-54 procedures that may be used.
2-55 SECTION 6. (a) In addition to substantive changes made by
2-56 this Act, this Act conforms:
2-57 (1) Chapter 76, Government Code, to Section 3.0151,
2-58 Chapter 321, Acts of the 74th Legislature, Regular Session, 1995;
2-59 and
2-60 (2) Section 509.003, Government Code, to Section
2-61 3.0091, Chapter 321, Acts of the 74th Legislature, Regular Session,
2-62 1995.
2-63 (b) Section 3.0151, Chapter 321, Acts of the 74th
2-64 Legislature, Regular Session, 1995, is repealed.
2-65 (c) To the extent of any conflict, this section prevails
2-66 over another Act of the 75th Legislature, Regular Session, 1997,
2-67 relating to nonsubstantive additions to and corrections in enacted
2-68 codes.
2-69 SECTION 7. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended,
3-5 and that this Act take effect and be in force from and after its
3-6 passage, and it is so enacted.
3-7 * * * * *