SRC-BWC C.S.H.B. 772 77(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 772
77R14069 GWK-FBy: Haggerty (Armbrister)
Criminal Justice
4/26/2001
Committee Report (Substituted)


DIGEST 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 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

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 508.146, Government Code, as follows:

Sec. 508.146.  New heading:  MEDICALLY RECOMMENDED INTENSIVE SUPERVISION.
Authorizes an inmate serving a sentence for which parole eligibility is
otherwise determined under Section 508.145(f) to become eligible for
release on medically recommended intensive supervision, rather than special
needs parole, on a date designated by a parole panel that is earlier than
the date computed under that section if:  the Texas Council on Offenders
with Mental Impairments (council), in cooperation with the Correctional
Managed Health Care Committee, rather than institutional division,
identifies the inmate as being elderly, physically handicapped, mentally
ill, terminally ill, mentally retarded, or having a condition requiring
long-term care; and the council, in cooperation with the pardon and paroles
division, has prepared for the inmate a medically recommended intensive
supervision, rather than special needs parole, 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, rather than appropriate supervision, service provision, and
placement of the inmate.  Deletes text regarding an inmate being diagnosed
as mentally ill or mentally retarded.  Requires a parole panel to require
as a condition of release under this section that the releasee remain under
the care of a physician and in a medically suitable placement.  Requires
the council, at least once each calendar year, to report to the Board of
Pardons and Paroles on the releasee's medical and placement status.
Authorizes a parole panel, on the basis of the report, to modify conditions
of release and impose any condition on the releasee that the panel could
impose on a releasee released under Section 508.145, including a condition
that the releasee reside in a halfway house or community residential
facility.  Requires the council and the Texas Department of Human Services
(department) to jointly request proposals from public or private vendors to
provide under contract services for inmates released on medically
recommended intensive supervision.  Authorizes a request under this section
to require that the services be provided in a medical care facility located
in an urban area.  Defines "urban area."  Makes conforming changes. 

 SECTION 2.  Requires the council and the department, in issuing requests
for proposals on or after the effective date of this Act, to give
consideration to the efficient use of capacity made available to serve
releasees pursuant to requests for proposals issued before the effective
date of this Act. 

SECTION 3.  Effective date: September 1, 2001.    

SUMMARY OF COMMITTEE CHANGES

Differs from the original by adding text relating to requests for proposals
on or after the effective date of this Act.  Redesignates SECTION 2 as
SECTION 3.