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.