By Alvarado H.B. No. 104
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to reducing the recidivism rate for individuals under the
1-3 supervision of the Texas Department of Criminal Justice.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 413.022(b), Government Code, is amended
1-6 to read as follows:
1-7 (b) Not later than January 1 of each odd-numbered year, the
1-8 policy council shall submit as part of the biennial plan required
1-9 by Section 413.015 specific findings as to the success of each
1-10 program or service described by Subsection (a) in contributing to
1-11 the ability of inmates to reintegrate into the community after
1-12 release from imprisonment, including the ability to control
1-13 substance abuse, acquire educational degrees or certificates, find
1-14 and maintain employment, and earn a sufficient living [
1-15 recidivism of inmates and accomplishing other performance
1-16 objectives of the programs and services administered by the Texas
1-17 Department of Criminal Justice programs and services division].
1-18 SECTION 2. Section 493.0052(b), Government Code, as added by
1-19 Chapter 1360, Acts of the 75th Legislature, 1997, is amended to
1-20 read as follows:
1-21 (b) The board shall determine which programs and services
1-22 operating under the authority of the department are designed for
1-23 the primary purpose of rehabilitating inmates and shall designate
1-24 those programs and services as programs and services provided under
2-1 the direction of the programs and services division. The
2-2 designated programs and services shall include:
2-3 (1) substance abuse treatment and sex offender
2-4 treatment programs;
2-5 (2) pre-parole, prerelease, work release, and
2-6 correctional industries programs; and
2-7 (3) educational and rehabilitative programs operated
2-8 by the Windham School District.
2-9 SECTION 3. Section 497.002(a), Government Code, is amended
2-10 to read as follows:
2-11 (a) The primary purpose [ purposes] of the office is [ are] to
2-12 implement this subchapter and Subchapter B to[ :]
2-13 [ (1)] provide adequate, regular, and suitable
2-14 employment for the vocational training and rehabilitation of
2-15 inmates, consistent with proper correctional purposes, and to
2-16 successfully reintegrate inmates into the community after release
2-17 from imprisonment. Secondary purposes of the office are to
2-18 implement this subchapter and Subchapter B to:
2-19 (1) [ ; (2)] use the labor of inmates for
2-21 (2) [ (3)] reimburse the state for expenses caused by
2-22 the crimes of inmates and the cost of their imprisonment;
2-23 (3) [ (4)] provide for the requisition and disbursement
2-24 of department articles and products through established state
2-25 authorities to eliminate the possibility of unlawful private profit
2-26 from the distribution of those articles and products;
2-27 (4) [ (5)] provide materials, products, or articles for
3-1 sale to the public, to private enterprises, or to agencies of the
3-2 state or political subdivisions of the state; and
3-3 (5) [ (6)] develop and expand public and private prison
3-4 industry operations.
3-5 SECTION 4. Section 497.004(c), Government Code, is amended
3-6 to read as follows:
3-7 (c) In assigning inmates to available job training positions
3-8 in prison factories, the department shall give preference to
3-9 inmates who are within three years of release, as determined under
3-10 Subchapter E, Chapter 508 [ consider each inmate's needs and
3-11 projected release date].
3-12 SECTION 5. Subchapter C, Chapter 2162, Government Code, is
3-13 amended by adding Section 2162.106 to read as follows:
3-14 Sec. 2162.106. REVIEW OF TEXAS CORRECTIONAL INDUSTRIES. (a)
3-15 The council shall conduct a comprehensive review of services
3-16 provided by Texas Correctional Industries under Chapter 497 to
3-17 determine if those services may be better provided by selecting
3-18 service providers through competition with other state agency
3-19 providers of the services or through private commercial sources.
3-20 The review shall focus on the most effective way to capture the
3-21 business of state and local governmental entities and public and
3-22 private educational institutions while maintaining the primary
3-23 purpose of providing inmates with effective job training.
3-24 (b) If the council determines that a service provided by
3-25 Texas Correctional Industries may be better provided by selecting
3-26 the service provider through competition, the council shall require
3-27 Texas Correctional Industries to engage in any process developed by
4-1 the council to select a service provider through competition with
4-2 other state agency providers of the service or through private
4-3 commercial sources.
4-4 SECTION 6. (a) Except as otherwise provided by this
4-5 section, this Act takes effect September 1, 1999.
4-6 (b) The Criminal Justice Policy Council shall submit the
4-7 first biennial report required by Section 413.022, Government Code,
4-8 as amended by this Act, on or before January 1, 2003.
4-9 (c) The Texas Board of Criminal Justice shall complete the
4-10 designation of programs and services required by Section
4-11 493.0052(b), Government Code, as amended by this Act, not later
4-12 than September 1, 2000.
4-13 (d) The State Council on Competitive Government shall
4-14 complete the review required by Section 2162.106(a), Government
4-15 Code, as added by this Act, not later than September 1, 2000.
4-16 SECTION 7. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended.