HBA-TBM C.S.H.B. 772 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 772
By: Haggerty
Corrections
3/18/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the Texas Department of Criminal Justice (TDCJ) houses more than
1,000 elderly inmates, approximately 200 of whom suffer from chronic
medical conditions that require 24-hour nursing care. TDCJ's elderly
population is expected to rise to more than 10,000 by 2008.  The
legislature has created a special needs parole program to release certain
of these inmates to alternative facilities where federal funds can be used
to defray some of their expenses.  C.S.H.B. 772 authorizes the release of
inmates needing long-term care into a medically recommended intensive
supervision program.  

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. 

ANALYSIS

C.S.H.B. 772 amends the Government Code to replace references to special
needs parole with medically recommended intensive supervision.  The bill
authorizes the eligibility for release of an inmate who the Texas Council
on Offenders with Mental Impairments (TCOMI) in cooperation with the
Correctional Managed Health Care Committee identifies as having a condition
requiring long-term care, in addition to other conditions.  The bill
provides that as a condition for eligibility for release that TCOMI in
cooperation with the pardons and paroles division prepare for the inmate a
medically recommended intensive supervision plan that requires the inmate
to submit to electronic monitoring, places the inmate on super-intensive
supervision, or otherwise ensures appropriate supervision of the inmate.   

The bill provides that a parole panel shall require as a condition of
release that the inmate remain under the care of a physician and in a
medically suitable placement.  The bill requires TCOMI to report to the
Board of Pardons and Paroles on the inmate's medical and placement status.
The bill authorizes a parole panel on the basis of the report at least once
each calendar quarter to modify conditions of release and impose any
condition on the inmate that the panel could impose on a person released on
parole.   

The bill requires TCOMI and the Texas Department of Human Services to
jointly request proposals from public or private vendors to provide
services for inmates released on medically recommended intensive
supervision.  The bill authorizes such proposals to require that the
services be provided in a medical care facility located in an urban area. 

EFFECTIVE DATE

September 1, 2001.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 772 differs from the original by replacing references to special
needs parole with medically recommended intensive supervision
(supervision).  The substitute requires the Texas Council on Offenders
with Mental Impairments (TCOMI) in cooperation with the Correctional
Managed Health Care Committee to identify an inmate as having a condition
requiring long-term care as a condition of eligibility for release. The
original required the institutional division of the Texas Department of
Criminal Justice to identify an inmate as significantly ill with a chronic
disease for eligibility for release.  C.S.H.B. 772 provides that as a
condition for eligibility for release TCOMI in cooperation with the pardons
and paroles division (division), rather than just the division, prepare a
supervision plan for an inmate that requires the inmate to submit to
electronic monitoring or be placed on super-intensive supervision or
otherwise be appropriately supervised. The substitute provides that a
parole panel shall require that the inmate remain under a physician's care
and in a medically suitable placement.  The substitute requires TCOMI at
least once each calendar quarter to report to the Board of Pardons and
Paroles on the status of the inmate and authorizes a parole panel to modify
the inmate's conditions of release based on the report.  The substitute
requires that services for the inmate be provided in a medical care
facility rather than a nursing home.