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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of case management services to inmates |
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with certain illnesses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 501.054(b), (e), and (f), Government |
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Code, are amended to read as follows: |
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(b) The department, in consultation with the [Texas] |
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Department of State Health Services, shall establish education |
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programs to educate inmates and employees of the department about |
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AIDS and HIV. In establishing the programs for inmates, the |
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department shall design a program that deals with issues related to |
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AIDS and HIV that are relevant to inmates while confined and a |
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program that deals with issues related to AIDS and HIV that will be |
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relevant to inmates after the inmates are released. The department |
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shall coordinate the program that deals with issues that will be |
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relevant to inmates after release with the case management services |
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provided under Section 501.0541. The department shall design the |
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programs to take into account relevant cultural and other |
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differences among inmates. The department shall require each |
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inmate in a facility operated by the department, including inmates |
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with AIDS or HIV, to participate in education programs established |
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under this subsection. |
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(e) The department, in consultation with the [Texas] |
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Department of State Health Services, shall periodically revise |
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education programs established under this section so that the |
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programs reflect the latest medical information available on AIDS |
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and HIV. |
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(f) The department shall adopt a policy for handling persons |
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with AIDS or HIV infection who are in the custody of the department |
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or under the department's supervision. The policy must be |
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substantially similar to a model policy developed by the [Texas] |
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Department of State Health Services under Subchapter G, Chapter 85, |
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Health and Safety Code. |
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SECTION 2. Subchapter B, Chapter 501, Government Code, is |
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amended by adding Section 501.0541 to read as follows: |
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Sec. 501.0541. CASE MANAGEMENT SERVICES FOR INMATES WITH |
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CERTAIN ILLNESSES. (a) In this section, "case management |
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services" include: |
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(1) counseling regarding the availability in the |
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geographic area in which an inmate with AIDS or HIV, hepatitis C, or |
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tuberculosis intends to reside, after release or discharge from the |
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department, of any appropriate: |
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(A) health care services, including medical |
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and dental care services, respiratory and physical therapy |
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services, and mobile emergency medical services; |
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(B) housing, employment, and job placement |
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assistance; and |
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(C) advocacy and support groups; |
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(2) information on measures that an individual |
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can take to prevent the transmission of AIDS or HIV, hepatitis C, or |
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tuberculosis; and |
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(3) other services the department determines are |
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necessary for an inmate with AIDS or HIV, hepatitis C, or |
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tuberculosis to have in order to reenter the community |
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successfully. |
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(b) The department shall: |
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(1) identify inmates with AIDS or HIV, hepatitis C, or |
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tuberculosis who are within 90 days of any applicable release or |
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discharge date, including a presumptive parole date, date of |
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release to mandatory supervision, or date of discharge; |
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(2) ensure that each inmate identified by the |
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department under Subdivision (1) receives appropriate case |
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management services before the inmate is released or discharged |
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from the department; |
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(3) if applicable, notify the parole officer |
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supervising an inmate identified by the department under |
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Subdivision (1) of the inmate's continuing need for case management |
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services; |
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(4) coordinate the services provided to an inmate |
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under this section with the services provided under Section 89.102 |
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or 614.015, Health and Safety Code; and |
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(5) protect the confidentiality of the inmates |
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identified by the department under Subdivision (1). |
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SECTION 3. Subchapter D, Chapter 508, Government Code, is |
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amended by adding Section 508.120 to read as follows: |
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Sec. 508.120. CONTINUATION OF CERTAIN CASE MANAGEMENT |
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SERVICES. A parole officer who is notified by the department under |
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Section 501.0541 that an inmate supervised by the officer has a |
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continuing need for appropriate case management services shall |
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ensure that those services are provided to the inmate during the |
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period of supervision. |
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SECTION 4. The Texas Department of Criminal Justice shall |
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establish and begin implementation of the policies and procedures |
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required by Section 501.0541, Government Code, as added by this |
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Act, not later than March 1, 2010. |
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SECTION 5. This Act takes effect September 1, 2009. |