By Haggerty                                            H.B. No. 775
         77R2381 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the state's correctional substance abuse treatment and
 1-3     to the creation of a blue ribbon panel and an interagency council
 1-4     to study and make recommendations regarding that treatment.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Chapter 493, Government Code, is amended by adding
 1-7     Section 493.0089 to read as follows:
 1-8           Sec. 493.0089.  METHODS OF SCREENING AND ASSESSING DEFENDANTS
 1-9     FOR SUBSTANCE ABUSE TREATMENT; EVALUATION. (a)  The department
1-10     shall use methods for screening and assessing defendants for
1-11     participation in a substance abuse treatment program operated by
1-12     the department, including a program required as a condition of
1-13     community supervision under Section 14, Article 42.12, Code of
1-14     Criminal Procedure, that ensure those defendants having the
1-15     greatest need for treatment, as indicated by the defendants'
1-16     history of substance abuse and criminal conduct, are referred to
1-17     the most intensive substance abuse treatment programs.  Each
1-18     division of the department that engages in screening and assessment
1-19     shall use the methods uniformly so as to provide continuity and
1-20     compatibility in the treatment received by a defendant.  In making
1-21     referrals, the department shall give priority to defendants who
1-22     demonstrate a desire for treatment.
1-23           (b)  The Criminal Justice Policy Council shall conduct an
1-24     evaluation of the methods used by the various divisions of the
 2-1     department for screening and assessing defendants for participation
 2-2     in substance abuse treatment programs.  Based on the findings of
 2-3     the evaluation, the Criminal Justice Policy Council shall make
 2-4     specific recommendations to the department to assist the department
 2-5     in performing its duties under Subsection (a).  The Criminal
 2-6     Justice Policy Council shall submit a report to the 78th
 2-7     Legislature that outlines the council's specific recommendations
 2-8     and the department's response to those recommendations.  This
 2-9     subsection expires August 31, 2003.
2-10           SECTION 2. (a)  A blue ribbon panel is established to study
2-11     substance abuse treatment within the Texas correctional system and
2-12     to submit a report to the 78th Legislature.  The panel serves in an
2-13     advisory capacity.
2-14           (b)  The blue ribbon panel is composed of not less than
2-15     twelve members as follows:
2-16                 (1)  the governor;
2-17                 (2)  one member of the senate appointed by the
2-18     lieutenant governor;
2-19                 (3)  one member of the house of representatives
2-20     appointed by the speaker of the house of representatives; and
2-21                 (4)  not less than nine members appointed by the
2-22     governor who have expertise in the area of substance abuse,
2-23     including one representative of each of the following:
2-24                       (A)  research institutions;
2-25                       (B)  clinical practices;
2-26                       (C)  community treatment facilities;
2-27                       (D)  the medical community;
 3-1                       (E)  the mental health community;
 3-2                       (F)  the judiciary;
 3-3                       (G)  law enforcement;
 3-4                       (H)  the correctional system; and
 3-5                       (I)  workforce development.
 3-6           (c)  Initial appointments to the blue ribbon panel must be
 3-7     made not later than December 31, 2001.
 3-8           (d)  The governor shall serve as presiding officer of the
 3-9     blue ribbon panel.  Chapter 2110, Government Code, does not apply
3-10     to the panel.  A member of the panel is not entitled to
3-11     compensation or reimbursement by the state for travel expenses
3-12     related to the business of the panel, unless the person is a member
3-13     by virtue of state employment, in which event the employing agency
3-14     shall reimburse the member for reasonable and necessary expenses.
3-15     The entities represented by the members of the panel may provide
3-16     staff and other support services as needed by the panel.
3-17           (e)  The blue ribbon panel shall:
3-18                 (1)  examine current research in the area of
3-19     correctional substance abuse treatment and the outcome of other
3-20     states' initiatives in that area;
3-21                 (2)  evaluate the effectiveness of the state's
3-22     correctional substance abuse treatment programs and curricula;
3-23                 (3)  identify procedures that may be used to track the
3-24     costs and outcomes of specific correctional substance abuse
3-25     treatment programs and facilities for accurate cost-benefit
3-26     analyses;
3-27                 (4)  review intra-agency and interagency cooperation
 4-1     associated with correctional substance abuse treatment and consider
 4-2     ways to centralize oversight to ensure the continuity and
 4-3     compatibility of treatment received;
 4-4                 (5)  consider the expansion of correctional substance
 4-5     abuse treatment options;
 4-6                 (6)  evaluate the effectiveness of mandatory treatment
 4-7     for offenders convicted of an offense related to operating a motor
 4-8     vehicle while intoxicated;
 4-9                 (7)  identify problems associated with continuation of
4-10     substance abuse treatment following release from confinement and
4-11     assess the feasibility of treatment incentives for inmates released
4-12     from state jails;
4-13                 (8)  consider changes in the law to ensure defendants
4-14     are released to areas where treatment services, support groups, and
4-15     employment opportunities are available; and
4-16                 (9)  consider a system of graduated sanctions for
4-17     parole, mandatory supervision, or community supervision violations
4-18     involving substance abuse.
4-19           (f)  The blue ribbon panel may:
4-20                 (1)  review salary and benefit packages for substance
4-21     abuse treatment program staff to ensure appropriate and adequate
4-22     training of staff members; and
4-23                 (2)  evaluate the adequacy of job skills training,
4-24     educational achievement, and life skills training available to the
4-25     state's inmate population.
4-26           (g)  The blue ribbon panel shall submit a report based on its
4-27     findings to the 78th Legislature not later than January 15, 2003.
 5-1     As part of its report, the panel shall submit to the legislature a
 5-2     strategic plan that includes a timetable for implementation.
 5-3           SECTION 3. (a)  An interagency council is established to work
 5-4     with and report to the blue ribbon panel established under Section
 5-5     2 of this Act.
 5-6           (b)  The membership of the interagency council includes
 5-7     high-level representatives of each of the following entities as
 5-8     appointed by the directors of those entities:
 5-9                 (1)  the Texas Department of Criminal Justice;
5-10                 (2)  each division of the Texas Department of Criminal
5-11     Justice;
5-12                 (3)  the criminal justice division of the governor's
5-13     office;
5-14                 (4)  the Criminal Justice Policy Council;
5-15                 (5)  the Texas Department of Mental Health and Mental
5-16     Retardation;
5-17                 (6)  the Texas Council on Offenders with Mental
5-18     Impairments;
5-19                 (7)  the Texas Commission on Alcohol and Drug Abuse;
5-20                 (8)  the Texas Workforce Commission;
5-21                 (9)  Project RIO;
5-22                 (10)  the Department of Protective and Regulatory
5-23     Services; and
5-24                 (11)  the office of the comptroller.
5-25           (c)  The appointed representative of the Criminal Justice
5-26     Policy Council shall serve as presiding officer of the interagency
5-27     council.
 6-1           SECTION 4. This Act takes effect September 1, 2001.