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COMMITTEE AMENDMENT NO. 1 |
By: Whitmire |
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Amend HB 1711 as follows: |
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On page 2 line 50 after the word "department", insert "shall |
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coordinate the work of the task force with the Office of Court |
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Administration, and" |
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On page 2 line 52 after the word "force" insert ":", and |
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strike the following language on lines 52-53, "in the office of the
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governor:" |
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On page 1 line 62, strike "each offender" and insert |
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"offenders" and on page 2 lines 4-5, strike "each offender" and |
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insert "offenders"; |
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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring the Texas Department of Criminal Justice to |
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establish a comprehensive reentry and reintegration plan for |
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offenders released or discharged from a correctional facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 495, Government Code, is |
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amended by adding Section 495.028 to read as follows: |
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Sec. 495.028. IMPLEMENTATION OF REENTRY AND REINTEGRATION |
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PLAN. (a) The department may contract and coordinate with private |
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vendors, units of local government, or other entities to implement |
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the comprehensive reentry and reintegration plan developed under |
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Section 501.092, including contracting to: |
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(1) coordinate the supervision and services provided |
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to offenders in correctional facilities with any supervision or |
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services provided to offenders who have been released or discharged |
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from the correctional facility; |
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(2) provide offenders awaiting release or discharge |
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with documents that are necessary after release or discharge, |
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including identification papers, medical prescriptions, job |
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training certificates, and referrals to services; and |
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(3) provide housing and structured programs, |
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including group homes for recovering substance abusers, through |
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which offenders are provided services immediately following |
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release or discharge. |
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(b) To ensure accountability, any contract entered into |
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under this section must contain specific performance measures that |
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the department shall use to evaluate compliance with the terms of |
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the contract. |
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SECTION 2. Subchapter C, Chapter 501, Government Code, is |
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amended by adding Sections 501.091, 501.092, 501.098, 501.099, and |
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501.100 to read as follows: |
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Sec. 501.091. DEFINITIONS. In this subchapter: |
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(1) "Correctional facility" means a facility operated |
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by or under contract with the department. |
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(2) "Offender" means an inmate or state jail defendant |
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confined in a correctional facility. |
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Sec. 501.092. COMPREHENSIVE REENTRY AND REINTEGRATION PLAN |
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FOR OFFENDERS. (a) The department shall develop a comprehensive |
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plan to reduce recidivism and ensure the successful reentry and |
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reintegration of offenders into the community following an |
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offender's release or discharge from a correctional facility. |
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(b) The reentry and reintegration plan developed under this |
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section must provide for: |
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(1) an assessment of each offender entering a |
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correctional facility to determine which skills the offender needs |
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to develop to be successful in the community following release or |
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discharge; |
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(2) programs that address the assessed needs of each |
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offender; |
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(3) a comprehensive network of transition programs to |
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address the needs of offenders released or discharged from a |
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correctional facility; |
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(4) the identification of providers of existing local |
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programs and transitional services with whom the department may |
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contract under Section 495.028 to implement the reentry and |
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reintegration plan; and |
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(5) subject to Subsection (c), the sharing of |
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information between local coordinators, persons with whom the |
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department contracts under Section 495.028, and other providers of |
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services as necessary to adequately assess and address the needs of |
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each offender. |
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(c) An offender's personal health information may be |
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disclosed under Subsection (b)(5) only if: |
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(1) the offender consents to the disclosure; and |
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(2) the disclosure does not violate the Health |
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Insurance Portability and Accountability Act of 1996 (Pub. L. No. |
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104-191) or other state or federal law. |
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(d) The programs provided under Subsections (b)(2) and (3) |
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must: |
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(1) be implemented by highly skilled staff who are |
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experienced in working with inmate reentry and reintegration |
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programs; |
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(2) provide offenders with: |
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(A) individualized case management and a full |
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continuum of care; |
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(B) life-skills training, including information |
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about budgeting, money management, nutrition, and exercise; |
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(C) education and, if an offender has a learning |
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disability, special education; |
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(D) employment training; |
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(E) appropriate treatment programs, including |
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substance abuse and mental health treatment programs; and |
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(F) parenting and relationship building classes; |
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and |
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(3) be designed to build for former offenders |
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post-release and post-discharge support from the community into |
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which an offender is released or discharged, including support from |
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agencies and organizations within that community. |
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(e) In developing the reentry and reintegration plan under |
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this section, the department shall ensure that the reentry program |
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for long-term inmates under Section 501.096 and the reintegration |
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services provided under Section 501.097 are incorporated into the |
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plan. |
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Sec. 501.098. REENTRY TASK FORCE. (a) The department by |
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rule shall enter into a memorandum of understanding with the |
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following entities to establish a reentry task force in the office |
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of the governor: |
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(1) the Texas Youth Commission; |
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(2) the Texas Workforce Commission; |
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(3) the Department of Public Safety; |
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(4) the Texas Department of Housing and Community |
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Affairs; |
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(5) the Texas Correctional Office on Offenders with |
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Medical or Mental Impairments; |
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(6) the Health and Human Services Commission; |
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(7) the Texas Judicial Council; and |
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(8) an organization selected by the department that |
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advocates for or provides reentry or reintegration services to |
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offenders following their release or discharge from a correctional |
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facility. |
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(b) The reentry task force established under Subsection (a) |
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may: |
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(1) identify gaps in services for offenders following |
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their release or discharge to rural or urban communities in the |
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areas of employment, housing, substance abuse treatment, medical |
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care, and any other areas in which the offenders need special |
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services; and |
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(2) coordinate with providers of existing local |
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reentry and reintegration programs, including programs operated by |
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a municipality or county, to make recommendations regarding the |
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provision of comprehensive services to offenders following their |
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release or discharge to rural or urban communities. |
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Sec. 501.099. FAMILY UNITY AND PARTICIPATION. (a) The |
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department shall adopt and implement policies that encourage family |
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unity while an offender is confined and family participation in an |
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offender's post-release or post-discharge transition to the |
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community. In adopting the policies, the department shall consider |
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the impact of department telephone, mail, and visitation policies |
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on the ability of an offender's child to maintain ongoing contact |
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with the offender. |
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(b) The department, when determining in which correctional |
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facility to house an offender, shall consider the best interest of |
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the offender's family and, if possible, house the offender in, or in |
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proximity to, the county in which the offender's family resides. |
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(c) The department shall conduct and coordinate research |
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that examines the impact of an offender's confinement on the |
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well-being of the offender's child. |
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Sec. 501.100. RECIDIVISM STUDY; REPORT. (a) The |
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department shall conduct and coordinate research to determine |
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whether the comprehensive reentry and reintegration plan developed |
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under Section 501.092 and the policies adopted under Section |
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501.099 to encourage family unity and participation reduce |
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recidivism rates. |
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(b) Not later than September 1 of each even-numbered year, |
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the department shall deliver a report of the results of research |
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conducted or coordinated under Subsection (a) to the lieutenant |
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governor, the speaker of the house of representatives, and the |
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standing committees of each house of the legislature with primary |
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jurisdiction over criminal justice and corrections. |
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SECTION 3. (a) As soon as practicable after the effective |
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date of this Act, the Texas Department of Criminal Justice shall |
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enter into a memorandum of understanding as required by Section |
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501.098, Government Code, as added by this Act. |
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(b) Not later than January 1, 2010, the Texas Department of |
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Criminal Justice shall adopt and implement the policies required by |
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Section 501.099, Government Code, as added by this Act. |
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(c) Not later than January 1, 2010, the Texas Department of |
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Criminal Justice shall develop and implement the comprehensive |
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reentry and reintegration plan for offenders as required by Section |
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501.092, Government Code, as added by this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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