HBA-DMD, BTC H.B. 104 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 104 By: Alvarado Corrections 2/22/1999 Introduced BACKGROUND AND PURPOSE Recent studies have indicated that of the inmates released from prison in 1991, about 48 percent returned to prison within three years, an increase of 13 percent since 1984. Such recidivism is costly to the state, to communities, and to the court system. H.B. 104 requires certain release programs to include substance abuse and sex offender treatment programs. The bill also requires that preference be given in job training positions in prison factories to inmates who have fewer than three years remaining on their sentence. Additionally, the bill requires the State Council on Competitive Government (council) to review the services provided by Texas Correctional Industries under Chapter 497 (Industry and Agriculture; Labor of Inmates), to determine whether those services would be better provided by other state agencies or private commercial sources, and to develop a selection process if the council so determines. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 413.022(b), Government Code, to require not later than January 1 of each odd-numbered year, the Criminal Justice Policy Council (policy council) to submit specific findings regarding the success of programs or services described in Subsection (a), as part of the biennial plan required by Section 413.015 (Capacity and Population Projections), including information regarding the contribution of those programs or services to the ability of inmates to reintegrate into the community after release from imprisonment, including the ability to control substance abuse, acquire educational degrees or certificates, find and maintain employment, and earn a sufficient living. Deletes language regarding the reduction of recidivism of inmates and accomplishing other performance objectives of the programs and services administered by the Texas Department of Criminal Justice (department). SECTION 2. Amends Section 493.0052(b), Government Code, as added by Chapter 1360, Acts of the 75th Legislature, 1997, to require the designated programs and services to include substance abuse treatment and sex offender treatment programs; pre-parole, pre-release, work release, and correctional industries programs; and educational and rehabilitative programs operated by the Windham School District. SECTION 3. Amends Section 497.002(a), Government Code, to add that the primary purpose, rather than purposes, of Texas Correctional Industries (office) is to successfully reintegrate inmates into the community after being released from prison. Provides that secondary purposes of the office are to implement this subchapter and Subchapter B (Sales of Prison-Made Articles or Products), to use the labor of inmates for self-maintenance, reimburse the state for expenses caused by the crimes of inmates and the cost of their imprisonment, provide for the requisition and disbursement of department articles and products through established state authorities to eliminate the possibility of unlawful private profit from the distribution of those articles and products, provide materials, products, or articles for sale to the public, to private enterprises, or to agencies of the state of political subdivisions of the state, and develop and expand public and private prison industry operations. Redesignates existing Subdivision (1) to Subsection (a), and existing Subdivisions (2) to (6) to Subdivisions (1) to (5), respectively. SECTION 4. Amends Section 497.004(c), Government Code, to require the department to give preference in assigning inmates to available job training positions in prison factories to inmates who are within three years of release, as determined under Subchapter E (Parole and Mandatory Supervision; Release Procedures), Chapter 508, Government Code, rather than to "consider each inmate's needs and projected release date." SECTION 5. Amends Subchapter C, Chapter 2162, Government Code, by adding Section 2162.106, as follows: Sec. 2162.106. REVIEW OF TEXAS CORRECTIONAL INDUSTRIES. Requires the State Council on Competitive Government (council) to conduct a comprehensive review of services provided by the office under Chapter 497 (Industry and Agriculture; Labor of Inmates) to determine if those services may be better provided by selecting service providers through competition with other state agency providers or through private commercial sources. Requires the review to focus on the most effective way to obtain the business of state and local government entities and public and private educational institutions while maintaining the primary purpose of providing inmates with effective job training. Requires the council to require the office to engage in any process developed by the council to select a service provider through competition with other state agency providers or through private commercial sources, if the council determines this provides a better process of selection. SECTION 6. Effective date: September 1, 1999. Requires the policy council to submit the first biennial report required by Section 413.022, Government Code, on or before January 1, 2003. Requires the Texas Board of Criminal Justice to complete the designation of programs and services required by Section 493.0052(b), Government Code, no later than September 1, 2000. Requires the council to complete the review required by Section 2162.106, Government Code, not later than September 1, 2000. SECTION 7. Emergency Clause.