By: Ellis S.B. No. 1369
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to reducing the recidivism rate for individuals under the
1-2 supervision of the Texas Department of Criminal Justice.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 413, Government Code, is amended by
1-5 adding Section 413.022 to read as follows:
1-6 Sec. 413.022. RECIDIVISM PERFORMANCE REVIEW. (a) The
1-7 policy council shall develop methods for measuring the success of
1-8 each program or facility determined by the Texas Board of Criminal
1-9 Justice under Section 493.0052 to be designed for the primary
1-10 purpose of rehabilitating inmates. On request of the policy
1-11 council, the provider of a program or service or a representative
1-12 of Sam Houston State University, the Texas Workforce Commission, or
1-13 the Texas Department of Criminal Justice shall assist the policy
1-14 council in developing the methods required by this section. The
1-15 Texas Department of Criminal Justice shall assist the council by
1-16 collecting data in accordance with evaluation methods.
1-17 (b) Not later than January 1 of each odd-numbered year, the
1-18 policy council shall submit as part of the biennial plan required
1-19 by Section 413.015 specific findings as to the success of each
1-20 program or facility described by Subsection (a) in reducing
1-21 recidivism of inmates and accomplishing other performance
2-1 objectives of the programs and services administered by the Texas
2-2 Department of Criminal Justice programs and services division.
2-3 SECTION 2. Section 493.002(a), Government Code, is amended
2-4 to read as follows:
2-5 (a) The following divisions are within the department:
2-6 (1) the community justice assistance division;
2-7 (2) the institutional division;
2-8 (3) the pardons and paroles division; [and]
2-9 (4) the state jail division; and
2-10 (5) the programs and services division.
2-11 SECTION 3. Chapter 493, Government Code, is amended by
2-12 adding Section 493.0052 to read as follows:
2-13 Sec. 493.0052. PROGRAMS AND SERVICES DIVISION. (a) The
2-14 programs and services division shall administer those
2-15 rehabilitation and reintegration programs and services designated
2-16 by the board under Subsection (b).
2-17 (b) The board shall determine which programs or facilities
2-18 operating under the authority of the department are designed for
2-19 the primary purpose of rehabilitating inmates and shall place those
2-20 programs or facilities under the direction of the programs and
2-21 services division.
2-22 SECTION 4. Section 497.003, Government Code, is amended to
2-23 read as follows:
2-24 Sec. 497.003. ADVISORY COMMITTEE. (a) The prison
2-25 industries advisory committee is composed of nine members appointed
3-1 by the board. In appointing members under this subsection, the
3-2 board shall appoint persons who represent business and industry,
3-3 including one member of the board and other persons who are:
3-4 (1) local workforce development board members;
3-5 (2) members of recognized labor organizations; and
3-6 (3) members of the staff of the State Occupational
3-7 Information Coordinating Committee.
3-8 (b) Members of the advisory committee serve staggered
3-9 three-year terms with the terms of three members expiring February
3-10 1 of each odd-numbered year.
3-11 (c) The prison industries advisory committee shall advise
3-12 the board on all aspects of prison industry operations, and shall
3-13 make recommendations to the board on the effective use of prison
3-14 industries programs to assist inmates in the development of job
3-15 skills necessary for successful reintegration into the community
3-16 after release from imprisonment.
3-17 (d) The board shall submit a report to the 76th Legislature
3-18 that outlines the advisory committee's recommendations, the board's
3-19 response, and the status of any implementation efforts associated
3-20 with the advisory committee's recommendations. This Subsection
3-21 expires August 31, 2000.
3-22 SECTION 5. Section 497.004, Government Code, is amended by
3-23 adding Subsection (c) to read as follows:
3-24 (c) In assigning inmates to available job training positions
3-25 in prison factories, the department shall take into consideration
4-1 an inmate's need and the projected release date as documented in
4-2 the individualized treatment plan.
4-3 SECTION 6. Subchapter C, Chapter 501, Government Code, is
4-4 amended by adding Section 501.097 to read as follows:
4-5 Sec. 501.097. REINTEGRATION SERVICES. (a) The department
4-6 and the Texas Workforce Commission shall by rule adopt a memorandum
4-7 of understanding that establishes their respective responsibilities
4-8 for providing inmates who are released into the community on parole
4-9 or other conditional release with a network of centers designed to
4-10 provide education, employment, and other support services based on
4-11 a "one stop for service" approach.
4-12 (b) An agency of the state not listed in this section that
4-13 determines that it may provide reintegration services to inmates
4-14 similar to those described by Subsection (a) may participate in the
4-15 development of the memorandum, if the department and the Texas
4-16 Workforce Commission approve the agency's participation.
4-17 SECTION 7. Subchapter C, Chapter 2162, Government Code, is
4-18 amended by adding Section 2162.106 to read as follows:
4-19 Sec. 2162.106. REVIEW OF PRISON INDUSTRIES OFFICE. (a) The
4-20 council shall conduct a comprehensive review of services provided
4-21 by the Texas Department of Criminal Justice prison industries
4-22 office under Chapter 497 to determine if those services may be
4-23 better provided by selecting service providers through competition
4-24 with other state agency providers of the services or through
4-25 private commercial sources. The review shall focus on the most
5-1 effective way to capture the business of state and local
5-2 governmental entities and public and private education institutions
5-3 while maintaining the primary purpose of providing inmates with
5-4 effective job training.
5-5 (b) If the council determines that a service provided by the
5-6 Texas Department of Criminal Justice prison industries office may
5-7 be better provided by selecting the service provider through
5-8 competition, the council shall require the Texas Department of
5-9 Criminal Justice to engage in any process developed by the council
5-10 to select a service provider through competition with other state
5-11 agency providers of the service or through private commercial
5-12 sources.
5-13 SECTION 8. (a) Except as otherwise provided by this
5-14 section, this Act takes effect September 1, 1997.
5-15 (b) Section 493.002(a), Government Code, as amended by this
5-16 Act, and Section 493.0052(a), Government Code, as added by this
5-17 Act, take effect September 1, 1998. The Texas Board of Criminal
5-18 Justice shall complete the determination and designation of
5-19 programs and services required by Section 493.0052(b), Government
5-20 Code, as added by this Act, not later than September 1, 1998.
5-21 (c) The Texas Department of Criminal Justice and the Texas
5-22 Workforce Commission shall establish the memorandum of
5-23 understanding required by Section 501.097, as added by this Act,
5-24 not later than December 1, 1997.
5-25 (d) The State Council on Competitive Government shall
6-1 complete the review required by Section 2162.106(a), Government
6-2 Code, as added by this Act, not later than September 1, 1998.
6-3 (e) The Sunset Commission shall work cooperatively with the
6-4 Council on Competitive Government when reviewing the Texas
6-5 Department of Criminal Justice to avoid duplication in the review
6-6 of the prison industry office.
6-7 (f) The Policy Council shall submit the first biennial
6-8 report required by Section 413.022, Government Code, as added by
6-9 this Act, on or before January 1, 2001.
6-10 SECTION 9. As soon as possible on or after the effective
6-11 date of this Act, the Texas Board of Criminal Justice shall make
6-12 appointments to the prison industries advisory committee to the
6-13 Texas Department of Criminal Justice to ensure the membership of
6-14 that committee included those persons required by Section 497.003,
6-15 Government Code, as amended by this Act.
6-16 SECTION 10. The importance of this legislation and the
6-17 crowded condition of the calendars in both houses create an
6-18 emergency and an imperative public necessity that the
6-19 constitutional rule requiring bills to be read on three several
6-20 days in each house be suspended, and this rule is hereby suspended.