80R5189 JJT-D
 
  By: Duncan S.B. No. 839
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the exchange of information among agencies related to
the Texas Correctional Office on Offenders with Medical or Mental
Impairments and the agencies responsible for continuity of care for
offenders in the criminal justice system who are physically
disabled, terminally ill, or significantly ill.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 614.015, Health and Safety Code, is
amended to read as follows:
       Sec. 614.015.  CONTINUITY OF CARE FOR PHYSICALLY DISABLED,
TERMINALLY ILL, OR SIGNIFICANTLY ILL OFFENDERS. (a) The Texas
Department of Criminal Justice, the Department of Assistive and
Rehabilitative Services [Texas Rehabilitation Commission, the
Texas Commission for the Blind, the Texas Commission for the Deaf
and Hard of Hearing], the [Texas] Department of State Health
Services, and the [Texas] Department of Aging and Disability
[Human] Services by rule shall adopt a memorandum of understanding
that establishes their respective responsibilities to institute a
continuity of care and service program for offenders in the
criminal justice system who are physically disabled, terminally
ill, or significantly ill. The council shall coordinate and
monitor the development and implementation of the memorandum of
understanding.
       (b)  The memorandum of understanding must establish methods
for:
             (1)  identifying offenders in the criminal justice
system who are physically disabled, terminally ill, or
significantly ill;
             (2)  developing interagency rules, policies, and
procedures for the coordination of care of and the exchange of
information on offenders who are physically disabled, terminally
ill, or significantly ill by local and state criminal justice
agencies, the Texas Department of Criminal Justice, the Department
of Assistive and Rehabilitative Services [Texas Rehabilitation
Commission, the Texas Commission for the Blind, the Texas
Commission for the Deaf and Hard of Hearing], the [Texas]
Department of State Health Services, and the [Texas] Department of
Aging and Disability [Human] Services; and
             (3)  identifying the services needed by offenders who
are physically disabled, terminally ill, or significantly ill to
reenter the community successfully.
       (c)  The Texas Department of Criminal Justice, the
Department of Assistive and Rehabilitative Services [Texas
Rehabilitation Commission, the Texas Commission for the Blind, the
Texas Commission for the Deaf and Hard of Hearing], the [Texas]
Department of State Health Services, and the [Texas] Department of
Aging and Disability [Human] Services shall:
             (1)  operate, with funds appropriated for that purpose,
the continuity of care and service program for offenders in the
criminal justice system who are physically disabled, terminally
ill, or significantly ill; and
             (2)  actively seek federal grants or funds to operate
and expand the program.
       SECTION 2.  Section 614.017(c)(1), Health and Safety Code,
is amended to read as follows:
             (1)  "Agency" includes any of the following entities
and individuals, a person with an agency relationship with one of
the following entities or individuals, and a person who contracts
with one or more of the following entities or individuals:
                   (A)  the Texas Department of Criminal Justice and
the Correctional Managed Health Care Committee;
                   (B)  the Board of Pardons and Paroles;
                   (C)  the Department of State Health Services;
                   (D)  the Texas Juvenile Probation Commission;
                   (E)  the Texas Youth Commission;
                   (F)  the Department of Assistive and
Rehabilitative Services;
                   (G)  the Texas Education Agency;
                   (H)  the Commission on Jail Standards;
                   (I)  the Department of Aging and Disability
Services;
                   (J)  the Texas School for the Blind and Visually
Impaired;
                   (K)  community supervision and corrections
departments;
                   (L)  personal bond pretrial release offices
established under Article 17.42, Code of Criminal Procedure;
                   (M)  local jails regulated by the Commission on
Jail Standards;
                   (N)  a municipal or county health department;
                   (O)  a hospital district;
                   (P)  a judge of this state with jurisdiction over
criminal cases; [and]
                   (Q)  an attorney who is appointed or retained to
represent a special needs offender;
                   (R)  the Texas Health and Human Services
Commission; and
                   (S)  the Texas Department of Information
Resources.
       SECTION 3.  Section 614.017, Health and Safety Code, is
amended by adding Subsections (d) and (e) to read as follows:
       (d)  An agency shall manage confidential information
accepted or disclosed under this section prudently so as to
maintain, to the extent possible, the confidentiality of that
information.
       (e)  A person commits an offense if the person releases or
discloses confidential information obtained under this section
other than as authorized by this section or other law or without the
consent of the person to whom the information relates. An offense
under this subsection is a Class B misdemeanor.
       SECTION 4.  This Act takes effect September 1, 2007.