C.S.S.B. 591 78(R)    BILL ANALYSIS


C.S.S.B. 591
By: Duncan
Corrections
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

As a result of an interim study required by SB 553, 77th Legislature, a
recommendation was made to revise the composition of the Texas Council on
Offenders with Mental Impairments' (TCOMI) board to include forensic
psychiatrists and psychologists as members.  This revision is necessary in
order to have qualified forensic experts available to review competency
evaluations. CSSB 591 revises the TCOMI membership to include forensic
specialists and amends the process for identification and selection of
gubernatorial appointees.  The bill also revises the name of TCOMI to the
"Texas Correctional Office on Offenders with Medical or Mental
Impairments" to more accurately reflect the mission and purpose of the
entity. 

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

CSSB 591 amends Chapter 614 of the Health and Safety Code to revise the
name of the council to the Texas Correctional Office for Offenders with
Medical or Mental Impairments.  The bill clarifies the role of the
advisory committee to the Texas Board of Criminal Justice and clarifies
the Texas Department of Criminal Justice (TDCJ) Executive Director's
oversight of the Director of the Advisory Committee.  The bill also
revises the composition of the at-large membership and the process for
identifying candidates to be submitted to the Governor for consideration.

CSSB 591 also defines offenders with special needs and amends references
to offenders with mental impairments to offenders with special needs.
This revision more clearly reflects the categories of offenders that fall
under the purview of the Texas Correctional Office on Offenders with
Medical or Mental Impairments. 

This change in law should expedite the appointment process for at-large
members; clarify the role of the advisory members to the Texas Department
of Criminal Justice and the Director; provide clear administrative line of
authority; and clarify the type of offenders that fall under the
jurisdiction of the Committee. 

EFFECTIVE DATE

September 1, 2003

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original by changing the name of TCOMI to the
Texas Correctional Office on Offenders with Medical and Mental
Impairments, amending the selection process for atlarge members, and more
clearly defining the advisory nature to the Texas Board of Criminal
Justice and the Executive Director of TDCJ. 

The substitute further modifies the original by making non-substantive
changes to more accurately reflect the type of offenders under the purview
of the Texas Correctional Office on Offenders with Medical and Mental
Impairments.