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