By Wilson H.B. No. 1238
77R5176 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the rehabilitation of defendants and inmates confined
1-3 or imprisoned in the Texas Department of Criminal Justice and to
1-4 the reduction of recidivism.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 501, Government Code, is
1-7 amended by adding Section 501.020 to read as follows:
1-8 Sec. 501.020. CERTIFICATION OF INMATE PARTICIPATION IN
1-9 REHABILITATION PROGRAMS. (a) For each defendant or inmate confined
1-10 in a correctional facility operated by or under contract with the
1-11 department, the department shall provide programs to provide the
1-12 defendant or inmate with treatment and education needed, as
1-13 determined during the diagnostic and evaluation process. The
1-14 programs must be designed to rehabilitate the defendant or inmate
1-15 and reduce the likelihood that the defendant or inmate, when
1-16 released from the correctional facility, will commit a criminal
1-17 offense.
1-18 (b) During the period of a defendant's confinement or an
1-19 inmate's imprisonment, the department shall maintain a record of
1-20 the defendant's or inmate's participation in programs described by
1-21 Subsection (a). If the department fails to offer to a defendant or
1-22 inmate a necessary program, as determined during the diagnostic and
1-23 evaluation process for the defendant or inmate, the department
1-24 shall note that fact in the department's records.
2-1 (c) On the 15th anniversary of the date on which the
2-2 defendant or inmate is released from imprisonment or released from
2-3 supervision under community supervision, parole, or mandatory
2-4 supervision, the department shall issue to the defendant or inmate
2-5 a certificate of rehabilitation if:
2-6 (1) the records of the department indicate that:
2-7 (A) the defendant or inmate was a diligent
2-8 participant in each program required to be provided to the
2-9 defendant or inmate by Subsection (a); or
2-10 (B) the department failed to provide the
2-11 defendant or inmate with any or all programs required by Subsection
2-12 (a) but the defendant or inmate was a diligent participant in each
2-13 program provided by the department; and
2-14 (2) the defendant or inmate has not been convicted of
2-15 an offense punishable by confinement or imprisonment and committed
2-16 after the defendant or inmate was released from confinement or
2-17 imprisonment or released from supervision under community
2-18 supervision, parole, or mandatory supervision.
2-19 (d) A conviction of a defendant or inmate who after serving
2-20 a sentence for the conviction receives a certificate of
2-21 rehabilitation under Subsection (c) is not a conviction for the
2-22 purposes of disqualifications or disabilities otherwise imposed by
2-23 law for conviction of an offense. A defendant or inmate who
2-24 receives a certificate of rehabilitation under Subsection (c) is
2-25 entitled to the expunction of all records and files relating to the
2-26 arrest that resulted in the conviction of the defendant or inmate
2-27 in the same manner as provided by Article 55.01, Code of Criminal
3-1 Procedure, for a defendant who is convicted of an offense and
3-2 subsequently pardoned.
3-3 SECTION 2. This Act takes effect September 1, 2001, and
3-4 applies to each defendant or inmate who on or after that date is
3-5 confined or imprisoned in a facility operated by or under contract
3-6 with the Texas Department of Criminal Justice and for whom the
3-7 diagnostic and evaluation process begins on or after that date.
3-8 SECTION 3. This Act takes effect immediately if it receives
3-9 a vote of two-thirds of all the members elected to each house, as
3-10 provided by Section 39, Article III, Texas Constitution. If this
3-11 Act does not receive the vote necessary for immediate effect, this
3-12 Act takes effect September 1, 2001.