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.