C.S.H.B. 31 78(R)    BILL ANALYSIS


C.S.H.B. 31
By: Hodge
Corrections
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Rider 48, Department of Criminal Justice, 77th Legislature General
Appropriations Act states that the Texas Department of Criminal Justice
(TDCJ) shall not provide in-cell tutoring for inmates who are in
administrative segregation (ad seg).  Offenders housed in ad seg are often
there due to gang affiliation and can be discharged back into the
community directly from ad seg.  TDCJ recently applied for and received a
federal grant to develop an in-cell pre-release program for select adult
offenders housed in ad seg.  C.S.H.B. 31 permits TDCJ to establish a
policy to provide in-cell education for ad seg offenders if the offender
would benefit from the education and if the education can be provided
without posing a threat to staff or an inmate. 
 

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 31 amends Subchapter A, Chapter 501, Government Code by adding a
section to permit the department to establish a policy to provide in-cell
education to an inmate confined in administrative segregation if the
inmate would benefit from the education, and if the education can be
provided in a way that does not pose a threat to the health or safety or a
department staff member or other inmate.  

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. 31 makes the language in the original bill permissive by
replacing the word "shall" with "may."  The substitute removes the
provision in the original that required the Texas Department of Criminal
Justice to establish the policy required by Section 501.020 not later than
December 1, 2003.