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A BILL TO BE ENTITLED
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AN ACT
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relating to the termination of supervision and reporting for |
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certain releasees on parole or mandatory supervision who |
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successfully complete a substance abuse treatment program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 508, Government Code, is |
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amended by adding Section 508.1551 to read as follows: |
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Sec. 508.1551. EARLY TERMINATION OF SUPERVISION. (a) The |
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board shall allow a releasee to serve the remainder of the |
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releasee's sentence without supervision and without being required |
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to report if the releasee: |
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(1) is required as a condition of release under |
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Section 508.185 to participate in a substance abuse treatment |
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program of not less than 150 days' duration; |
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(2) successfully completes the program; and |
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(3) submits to the parole officer supervising the |
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person: |
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(A) proof of the person's successful completion |
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of the program in the manner required by the board; |
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(B) an application for termination of |
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supervision and reporting on a form prescribed by the board; and |
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(C) a one-time nonrefundable supervision |
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termination fee made payable to the division in the amount of $500. |
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(b) The board shall: |
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(1) adopt rules governing the manner by which a person |
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may provide proof of the successful completion of a substance abuse |
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treatment program for purposes of this section; and |
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(2) prescribe a standard form for use as an |
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application for termination of supervision and reporting under this |
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section. |
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(c) A parole officer who receives the materials described by |
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Subsection (a)(3) shall promptly forward those materials to the |
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designated representative within the division for processing. On |
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receipt of the materials, including the fee, and on verification of |
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the person's proof of the successful completion of a substance |
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abuse treatment program, the division shall immediately notify the |
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board. On receipt of the notification, the board shall terminate |
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the person's duty to submit to supervision and duty to report. |
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(d) Fees collected under this section shall be deposited to |
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the credit of a dedicated account in the general revenue fund. |
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Money in the account may be appropriated only to provide funding for |
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the administration and provision of substance abuse treatment under |
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Section 508.185. |
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(e) The board may require a person released from supervision |
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and reporting under Subsection (a) to resubmit to supervision and |
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resume reporting at any time if the board determines such actions |
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are in the best interest of the person or of the community. |
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SECTION 2. Section 508.185, Government Code, is amended to |
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read as follows: |
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Sec. 508.185. SUBSTANCE ABUSE TREATMENT. (a) A parole |
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panel shall require as a condition of release on parole or release |
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to mandatory supervision that an inmate participate as a releasee |
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in a substance abuse treatment program approved by the Department |
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of State Health Services that is not less than 150 days in duration |
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if the inmate: |
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(1) is not serving a sentence for and has never been |
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previously convicted of an offense listed in Section 508.149 and |
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would not otherwise be considered ineligible for release to |
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mandatory supervision under that section; |
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(2) successfully completes an in-prison substance |
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abuse treatment program or [who] immediately before release is a |
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participant in the program established under Section 501.0931, |
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successfully completes a substance abuse treatment program under |
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Section 493.009, or is otherwise identified by the board or the |
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department through use of an evidence-based assessment process that |
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includes risk and needs assessment instruments and clinical |
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assessments as an appropriate candidate for treatment; and |
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(3) agrees to participate as a releasee in a substance |
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abuse [in a drug or alcohol abuse continuum of care] treatment |
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program that is not less than 150 days in duration either as a |
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resident or outpatient. |
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(b) The department, in consultation with the board, shall |
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adopt policies to ensure that each releasee agreeing to participate |
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in a substance abuse treatment program is properly assigned to a |
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residential or outpatient program, as appropriate, for that |
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releasee. |
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(c) The Department of State Health Services: |
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(1) is responsible for the administration of the |
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certification of residential and outpatient substance abuse |
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treatment programs approved under this section; |
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(2) may charge a nonrefundable application fee for: |
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(A) initial certification of the approval; or |
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(B) renewal of the certification; and |
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(3) shall monitor, coordinate, and provide training to |
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a person who provides a substance abuse [The Texas Commission on
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Alcohol and Drug Abuse shall develop the continuum of care] |
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treatment program under this section. |
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SECTION 3. This Act applies to a person who is released on |
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parole or to mandatory supervision before, on, or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2008. |