By Brown S.B. No. 350
75R1786 MRB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Criminal Justice
1-3 Policy Council.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 413, Government Code, is amended, and
1-6 Section 413.014 of that chapter is redesignated as Sections 413.004
1-7 and 413.005, to read as follows:
1-8 CHAPTER 413. CRIMINAL JUSTICE POLICY COUNCIL
1-9 Sec. 413.001. DEFINITION. In this chapter, "policy council"
1-10 means the Criminal Justice Policy Council.
1-11 Sec. 413.002. CRIMINAL JUSTICE POLICY COUNCIL. [(a)] The
1-12 Criminal Justice Policy Council is an agency of the state.
1-13 [(b) The membership of the policy council consists of:]
1-14 [(1) the governor, lieutenant governor, and speaker of
1-15 the house of representatives;]
1-16 [(2) four members of the senate appointed by the
1-17 lieutenant governor, one of whom must be the chairman of the
1-18 criminal justice committee;]
1-19 [(3) four members of the house of representatives
1-20 appointed by the speaker, one of whom must be the chairman of the
1-21 criminal jurisprudence committee; and]
1-22 [(4) six members appointed by the governor, one of
1-23 whom must be a district judge, one of whom must be a district
1-24 attorney or criminal district attorney, one of whom must be a
2-1 county judge, one of whom must be a county sheriff, and one of whom
2-2 must be a county commissioner.]
2-3 Sec. 413.003. SUNSET PROVISION. The Criminal Justice Policy
2-4 Council is subject to Chapter 325 (Texas Sunset Act). Unless
2-5 continued in existence as provided by that chapter, the council is
2-6 abolished September 1, 2009 [1997].
2-7 [Sec. 413.004. TENURE OF APPOINTED MEMBER. An appointed
2-8 member of the policy council serves at the pleasure of the
2-9 appointing officer.]
2-10 [Sec. 413.005. SERVICE ADDITIONAL DUTY OF OFFICE. Service
2-11 on the policy council of a public officer or employee is an
2-12 additional duty of the office or employment.]
2-13 [Sec. 413.006. COMPENSATION AND REIMBURSEMENT. A member of
2-14 the policy council serves without compensation for service on the
2-15 council but is entitled to reimbursement for actual and necessary
2-16 expenses incurred in performing council duties.]
2-17 Sec. 413.004 [413.014]. EXECUTIVE DIRECTOR[; STAFF].
2-18 (a) The policy council is under the direction of an executive
2-19 director.
2-20 (b) The executive director is appointed by the governor with
2-21 the advice and consent of the senate. The appointment of an
2-22 executive director shall be made without regard to the race, color,
2-23 disability, sex, religion, age, or national origin of the
2-24 appointee.
2-25 (c) A person is not eligible for appointment as the
2-26 executive director if the person or the person's spouse:
2-27 (1) is employed by or participates in the management
3-1 of a business entity or other organization receiving funds from the
3-2 policy council;
3-3 (2) owns or controls, directly or indirectly, more
3-4 than a 10 percent interest in a business entity or other
3-5 organization receiving funds from the policy council; or
3-6 (3) uses or receives a substantial amount of tangible
3-7 goods, services, or funds from the policy council, other than
3-8 compensation or reimbursement authorized by law for the executive
3-9 director.
3-10 (d) The executive director may not work for any agency or
3-11 office of the state other than the policy council and may not
3-12 perform duties for any other state agency or office that negatively
3-13 affect the performance of the executive director's duties as
3-14 executive director of the policy council.
3-15 (e) It is a ground for removal from the position of
3-16 executive director if the appointee:
3-17 (1) is disqualified for the position under Subsection
3-18 (c) or engages in an activity after appointment that, under
3-19 Subsection (c), would have disqualified the person for appointment
3-20 to the position;
3-21 (2) violates a prohibition established by Subsection
3-22 (d) or Section 413.006; or
3-23 (3) cannot because of illness or disability discharge
3-24 the executive director's duties.
3-25 Sec. 413.005. STAFF. (a) [(b)] The executive director may
3-26 employ personnel necessary to administer the responsibilities of
3-27 the policy council.
4-1 (b) The executive director or the executive director's
4-2 designee shall provide to policy council employees, as often as
4-3 necessary, information regarding their qualification for employment
4-4 under this chapter and their responsibilities under applicable laws
4-5 relating to standards of conduct for state employees.
4-6 (c) The executive director or the executive director's
4-7 designee shall develop an intra-agency career ladder program that
4-8 addresses opportunities for mobility and advancement for employees
4-9 within the policy council. The program shall require intra-agency
4-10 posting of all positions concurrently with any public posting.
4-11 (d) The executive director or the executive director's
4-12 designee shall develop a system of annual performance evaluations
4-13 that are based on documented employee performance. All merit pay
4-14 for policy council employees must be based on the system
4-15 established under this subsection.
4-16 (e) The executive director or the executive director's
4-17 designee shall prepare and maintain a written policy statement to
4-18 assure implementation of a program of equal employment opportunity
4-19 under which all personnel transactions are made without regard to
4-20 race, color, disability, sex, religion, age, or national origin.
4-21 The policy statement must include:
4-22 (1) personnel policies, including policies relating to
4-23 recruitment, evaluation, selection, appointment, training, and
4-24 promotion of personnel that are in compliance with requirements of
4-25 Chapter 21, Labor Code;
4-26 (2) a comprehensive analysis of the policy council
4-27 work force that meets federal and state guidelines;
5-1 (3) procedures by which a determination can be made
5-2 about the extent of underuse in the policy council work force of
5-3 all persons for whom federal or state guidelines encourage a more
5-4 equitable balance; and
5-5 (4) reasonable methods to appropriately address those
5-6 areas of underuse.
5-7 (f) A policy statement prepared under Subsection (e) must
5-8 cover an annual period, be updated annually and reviewed by the
5-9 Commission on Human Rights for compliance with Subsection (e)(1),
5-10 and be filed with the governor's office.
5-11 (g) The governor's office shall deliver a biennial report to
5-12 the legislature based on the information received under Subsection
5-13 (f). The report may be made separately or as a part of other
5-14 biennial reports made to the legislature.
5-15 Sec. 413.006. CONFLICT OF INTERESTS. (a) An officer,
5-16 employee, or paid consultant of a Texas trade association in the
5-17 field of criminal justice may not be the executive director of the
5-18 policy council or an employee of the policy council who is exempt
5-19 from the state's position classification plan or is compensated at
5-20 or above the amount prescribed by the General Appropriations Act
5-21 for step 1, salary group 17, of the position classification salary
5-22 schedule.
5-23 (b) A person who is the spouse of an officer, manager, or
5-24 paid consultant of a Texas trade association in the field of
5-25 criminal justice may not be the executive director of the policy
5-26 council and may not be an employee of the policy council who is
5-27 exempt from the state's position classification plan or is
6-1 compensated at or above the amount prescribed by the General
6-2 Appropriations Act for step 1, salary group 17, of the position
6-3 classification salary schedule.
6-4 (c) A person may not serve as the executive director of the
6-5 policy council or act as the general counsel to the policy council
6-6 if the person is required to register as a lobbyist under Chapter
6-7 305, Government Code, because of the person's activities for
6-8 compensation on behalf of a profession related to the operation of
6-9 the policy council.
6-10 (d) For the purposes of this section, a Texas trade
6-11 association is a nonprofit, cooperative, and voluntarily joined
6-12 association of business or professional competitors in this state
6-13 designed to assist its members and its industry or profession in
6-14 dealing with mutual business or professional problems and in
6-15 promoting their common interest.
6-16 Sec. 413.007. APPOINTMENT OF OTHER ADVISORY BODIES. The
6-17 governor [policy council] may establish other advisory councils,
6-18 task forces, or commissions the governor [it] considers necessary
6-19 to advise the policy council or to accomplish the purposes of this
6-20 chapter.
6-21 Sec. 413.008. GENERAL DUTY OF POLICY COUNCIL. The policy
6-22 council shall develop means to promote a more effective and
6-23 cohesive state criminal justice system.
6-24 Sec. 413.009. DUTIES OF POLICY COUNCIL. (a) To accomplish
6-25 its duties the policy council shall:
6-26 (1) conduct an in-depth analysis of the criminal
6-27 justice system;
7-1 (2) determine the long-range needs of the criminal
7-2 justice system and recommend policy priorities for the system;
7-3 (3) identify critical problems in the criminal justice
7-4 system and recommend strategies to solve those problems;
7-5 (4) assess the cost-effectiveness of the use of state
7-6 and local funds in the criminal justice system;
7-7 (5) recommend means to improve the deterrent and
7-8 rehabilitative capabilities of the criminal justice system;
7-9 (6) advise and assist the legislature in developing
7-10 plans, programs, and proposed legislation for improving the
7-11 effectiveness of the criminal justice system;
7-12 (7) make computations of daily costs and compare
7-13 interagency costs on services provided by agencies that are a part
7-14 of the criminal justice system;
7-15 (8) make population computations for use in planning
7-16 for the long-range needs of the criminal justice system;
7-17 (9) determine long-range information needs of the
7-18 criminal justice system and acquire that information; [and]
7-19 (10) engage in other activities consistent with the
7-20 responsibilities of the policy council; and [.]
7-21 (11) ([(b) The policy council shall] cooperate with
7-22 the Crime Victims' Institute by providing information and
7-23 assistance to the institute relating to the improvement of crime
7-24 victims' services.
7-25 (b) In addition to the policy council's other duties under
7-26 [Section 413.008 and Subsection (a) of] this chapter [section], the
7-27 policy council may perform any function described in Subsection (a)
8-1 to promote an effective and cohesive juvenile justice system.
8-2 Sec. 413.010. CONSULTATION WITH LEGISLATIVE
8-3 OFFICIALS [PRESIDING OFFICERS]. In setting the priorities for the
8-4 research projects of the policy council, the executive director of
8-5 the policy council shall consult the governor, lieutenant governor,
8-6 speaker of the house of representatives, and presiding officer of
8-7 each standing committee of the senate and house of representatives
8-8 having jurisdiction over criminal justice issues [The governor is
8-9 the chairman of the policy council. The lieutenant governor is the
8-10 vice-chairman and presides at meetings in the governor's absence.
8-11 The speaker of the house of representatives presides at meetings
8-12 when both the governor and lieutenant governor are absent].
8-13 [Sec. 413.011. MEETINGS. The policy council shall meet at
8-14 least quarterly and at the call of its chairman.]
8-15 Sec. 413.011 [413.012]. CONTRACTUAL AUTHORITY. The policy
8-16 council may contract with public or private entities in the
8-17 performance of its responsibilities.
8-18 Sec. 413.012 [413.013]. FUNDS; GRANTS AND DONATIONS.
8-19 (a) All money paid to the policy council under this chapter is
8-20 subject to Subchapter F, Chapter 404, Government Code.
8-21 (b) The executive director shall prepare annually a complete
8-22 and detailed written report accounting for all funds received and
8-23 disbursed by the policy council during the preceding fiscal year.
8-24 The annual report must meet the reporting requirements applicable
8-25 to financial reporting provided in the General Appropriations Act.
8-26 (c) The policy council may accept grants and donations from
8-27 public and private entities in addition to legislative
9-1 appropriations.
9-2 Sec. 413.013 [413.015]. CRIMINAL JUSTICE PLAN; BIENNIAL
9-3 REPORT. (a) The policy council biennially shall submit to the
9-4 legislature a plan detailing the actions necessary to promote an
9-5 effective and cohesive criminal justice system.
9-6 (b) The policy council shall include in the plan a report of
9-7 its activities and the recommendations it makes under Section
9-8 413.009.
9-9 Sec. 413.014 [413.016]. STATISTICAL ANALYSIS CENTER. The
9-10 policy council shall serve as the statistical analysis center for
9-11 the state and as the liaison for the state to the United States
9-12 Department of Justice on criminal justice issues of interest to the
9-13 state and federal government relating to data, information systems,
9-14 and research.
9-15 Sec. 413.015 [413.017]. CAPACITY AND POPULATION PROJECTIONS.
9-16 The policy council shall report to the governor, the lieutenant
9-17 governor, and the speaker of the house of representatives not later
9-18 than September 15 of each even-numbered year and January 15 of each
9-19 odd-numbered year, and at such other times as requested by the
9-20 governor, lieutenant governor, or speaker, on the projected
9-21 capacity and population during the remainder of the biennium for
9-22 facilities operated by or for the Texas Department of Criminal
9-23 Justice and facilities operated by or for the Texas Youth
9-24 Commission.
9-25 Sec. 413.016 [413.019]. REPORT ON INMATE RELEASE STATISTICS.
9-26 (a) Each month the policy council shall determine the following
9-27 information:
10-1 (1) the number and percentage of inmates released on
10-2 parole or to mandatory supervision to each county;
10-3 (2) the number and percentage of inmates released on
10-4 parole in absentia to each county; and
10-5 (3) the number of inmates released to and from a
10-6 halfway house in each county, including the number of inmates who
10-7 are required as a condition of release to reside in a county other
10-8 than the county in which a halfway house is located.
10-9 (b) The policy council shall submit to the Texas Board of
10-10 Criminal Justice an annual report that includes the following
10-11 information for the preceding 12 months:
10-12 (1) the number of inmates released on parole or to
10-13 mandatory supervision;
10-14 (2) the number and percentage of inmates released on
10-15 parole or to mandatory supervision to each county, including the
10-16 number of inmates who are required on release from a halfway house
10-17 to reside in a county other than the county in which the halfway
10-18 house is located;
10-19 (3) the number of inmates released on parole in
10-20 absentia;
10-21 (4) the number and destination of inmates who are
10-22 transferred from one county to another during the period of release
10-23 or supervision; and
10-24 (5) the number and percentage of inmates released on
10-25 parole in absentia to each county.
10-26 (c) The report required under this section must also include
10-27 the number of persons under the supervision or custody of the Texas
11-1 Department of Criminal Justice at the end of a fiscal year,
11-2 including the type and status of the supervision or custody.
11-3 (d) The Texas Board of Criminal Justice shall review the
11-4 information in the annual report to enable the division to make an
11-5 appropriate and equitable distribution of inmates to each county.
11-6 (e) The Texas Department of Criminal Justice on a monthly
11-7 basis shall provide in computer format data required by the policy
11-8 council to prepare reports under this section.
11-9 Sec. 413.017 [413.021]. REVIEW OF USE OF PAROLE GUIDELINES.
11-10 The policy council shall report at least annually to the
11-11 Legislative Criminal Justice Board, the Texas Board of Criminal
11-12 Justice, and the Board of Pardons and Paroles on the use of the
11-13 parole guidelines by each member of the board in making parole
11-14 decisions.
11-15 Sec. 413.018. ACCESS TO PROGRAMS AND FACILITIES. The policy
11-16 council shall comply with federal and state laws related to program
11-17 and facility accessibility. The executive director of the policy
11-18 council shall also prepare and maintain a written plan that
11-19 describes how a person who does not speak English can be provided
11-20 reasonable access to the policy council's programs and services.
11-21 Sec. 413.019. CONSUMER INFORMATION AND COMPLAINTS. (a) The
11-22 policy council shall prepare information of public interest
11-23 describing the functions of the policy council and the procedures
11-24 by which complaints are filed with and resolved by the policy
11-25 council. The policy council shall make the information available
11-26 to the public and appropriate state agencies.
11-27 (b) The executive director of the policy council shall
12-1 establish methods by which consumers and service recipients are
12-2 notified of the name, mailing address, and telephone number of the
12-3 policy council for the purpose of directing complaints to the
12-4 policy council. The executive director of the policy council may
12-5 provide for that notification on each written contract made under
12-6 this chapter for the services of an individual or other entity.
12-7 (c) The policy council shall keep a file about each written
12-8 complaint filed with the policy council that the policy council has
12-9 authority to resolve. The policy council shall provide to the
12-10 person filing the complaint and the persons or entities complained
12-11 about the policy council's policies and procedures pertaining to
12-12 complaint investigation and resolution. The policy council, at
12-13 least quarterly and until final disposition of the complaint, shall
12-14 notify the person filing the complaint and the persons or entities
12-15 complained about of the status of the complaint unless the notice
12-16 would jeopardize an undercover investigation.
12-17 (d) The policy council shall keep information about each
12-18 complaint filed with the policy council. The information shall
12-19 include:
12-20 (1) the date the complaint is received;
12-21 (2) the name of the complainant;
12-22 (3) the subject matter of the complaint;
12-23 (4) a record of all persons contacted in relation to
12-24 the complaint;
12-25 (5) a summary of the results of the review or
12-26 investigation of the complaint; and
12-27 (6) for complaints for which the agency took no
13-1 action, an explanation of the reason the complaint was closed
13-2 without action.
13-3 SECTION 2. This Act takes effect September 1, 1997.
13-4 SECTION 3. The importance of this legislation and the
13-5 crowded condition of the calendars in both houses create an
13-6 emergency and an imperative public necessity that the
13-7 constitutional rule requiring bills to be read on three several
13-8 days in each house be suspended, and this rule is hereby suspended.