C.S.H.B. 28 78(R)    BILL ANALYSIS


C.S.H.B. 28
By: Hodge
Corrections
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, the state jail division is required to develop work
programs and programs for rehabilitation, education and recreation.
However, Chapter 507 of the Government Code does not give direction as to
the use of volunteers to assist with rehabilitation and education of state
jail offenders. Volunteer hours and resources come at no cost to the state
and can be an integral part of rehabilitation of offenders. C.S.H.B. 28
requires the state jail division of the Texas Department of Criminal
Justice to allow capable offenders to tutor functionally illiterate
offenders and to actively encourage volunteer organizations to assist with
rehabilitative services.   


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

C.S.H.B. 28 adds Government Code Section 507.033, Rehabilitation Programs,
and requires the state jail division to allow capable defendants to serve
as a tutor for illiterate defendants and to encourage volunteer
organizations to aid in the tutoring. The bill specifies that tutors may
not exercise supervisory authority over other defendants.  

The bill also requires the state jail division to actively encourage
volunteer organizations to provide: literacy and education programs; life
skills programs; job skills programs; parent-training programs; drug and
alcohol rehabilitation programs; support group programs; arts and crafts
programs; and other programs determined by the division to aid defendants
in making a successful transition back into the community.  


EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.  


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 28 removes the provision in the original that required the state
jail division to establish a program to teach reading to functionally
illiterate defendants. The substitute also removes the provision in the
original that required the state jail division to adopt a memorandum of
understanding with the Texas Department of Mental Health and Mental
Retardation, the Texas Commission on Alcohol and Drug Abuse, and the Texas
Workforce Commission on their respective responsibilities for continuity
of care for defendants with history of drug abuse, alcohol abuse, or
chronic unemployment.