By: West  S.B. No. 1848
         (In the Senate - Filed March 11, 2009; March 20, 2009, read
  first time and referred to Committee on Criminal Justice;
  April 2, 2009, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 6, Nays 0, 1 present not
  voting; April 2, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1848 By:  Whitmire
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the provision of reentry, reintegration, and other
  services to a wrongfully imprisoned person who is discharged from a
  correctional facility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 501, Government Code, is
  amended by adding Section 501.091 to read as follows:
         Sec. 501.091.  REENTRY AND REINTEGRATION SERVICES FOR
  WRONGFULLY IMPRISONED PERSONS. (a)  In this section, "wrongfully
  imprisoned person" means a person who:
               (1)  has served wholly or partly a sentence in a
  facility operated by or under contract with the department; and
               (2)  has:
                     (A)  received a pardon for innocence for the crime
  for which the person was sentenced; or
                     (B)  otherwise been granted relief on the basis of
  actual innocence of the crime for which the person was sentenced.
         (b)  The department shall develop a comprehensive plan to
  ensure the successful reentry and reintegration of wrongfully
  imprisoned persons into the community following discharge from the
  department. The reentry and reintegration plan developed under
  this section must include:
               (1)  life-skills, job, and vocational training for a
  wrongfully imprisoned person following discharge, for as long as
  those services are beneficial to the person;
               (2)  a requirement that the department provide, before
  a wrongfully imprisoned person is discharged from the department,
  the person with any documents that are necessary after discharge,
  including a state identification card; and
               (3)  the provision of financial assistance to aid a
  wrongfully imprisoned person in the reentry and reintegration
  process and in covering living expenses following discharge, in an
  amount not to exceed $10,000.
         (c)  The amount of financial assistance provided to a
  wrongfully imprisoned person under Subsection (b)(3) shall be
  deducted from:
               (1)  the amount of compensation provided to the person
  under Section 103.052, Civil Practice and Remedies Code; or
               (2)  any damages awarded to the person under Section
  103.105 of that code.
         (d)  The department may contract with private vendors or
  other entities to implement the comprehensive reentry and
  reintegration plan required by this section.
         SECTION 2.  Chapter 614, Health and Safety Code, is amended
  by adding Section 614.021 to read as follows:
         Sec. 614.021.  SERVICES FOR WRONGFULLY IMPRISONED PERSONS.  
  (a)  In this section, "wrongfully imprisoned person" has the
  meaning assigned by Section 501.091, Government Code.
         (b)  The office shall develop a plan for meeting the
  long-term treatment and rehabilitative needs of wrongfully
  imprisoned persons who are discharged from the Texas Department of
  Criminal Justice. The plan must provide for:
               (1)  medical care and mental health services, including
  related counseling services, to be provided to a wrongfully
  imprisoned person at no cost to the person for the remainder of the
  person's lifetime; and
               (2)  dental services to be provided to the person at no
  cost to a wrongfully imprisoned person for two years following the
  date of the person's discharge.
         (c)  The office shall distribute to state agencies,
  political subdivisions, private organizations, and other qualified
  persons money appropriated by the legislature to be used for the
  development, operation, provision, and evaluation of medical,
  mental health, dental, and counseling services for wrongfully
  imprisoned persons under this section.
         SECTION 3.  (a)  As soon as practicable after the effective
  date of this Act, the Texas Department of Criminal Justice shall
  develop a comprehensive plan for the reentry and reintegration of
  wrongfully imprisoned persons as required by Section 501.091,
  Government Code, as added by this Act.
         (b)  As soon as practicable after the effective date of this
  Act, the Texas Correctional Office on Offenders with Medical or
  Mental Impairments shall develop a plan for meeting the long-term
  treatment and rehabilitative needs of wrongfully imprisoned
  persons as required by Section 614.021, Health and Safety Code, as
  added by this Act.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
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