82R23707 E

By: Madden, Cain H.B. No. 3386

Substitute the following for H.B. No. 3386:

By: Madden C.S.H.B. No. 3386

A BILL TO BE ENTITLED

AN ACT

relating to the supervision of certain people convicted of a criminal offense and to the organization and operation of certain correctional entities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 42.12, Code of Criminal Procedure, is amended by adding Section 23A to read as follows:

Sec. 23A. ALTERNATIVE REVOCATION PROCEDURE. (a) This section applies only to a defendant who:

(1) is convicted of a felony other than:

(A) a state jail felony; or

(B) a felony listed in Section 22(a)(4); and

(2) at a hearing under Section 21 is determined by the judge to:

(A) have violated a condition of community supervision other than the commission of an offense punishable by confinement; and

(B) not be a proper candidate for continuation or modification of community supervision under Section 22.

(b) If the community supervision of a defendant to whom this section applies is revoked after a hearing under Section 21, the judge shall, as an alternative to the procedure provided by Section 23, dispose of the case as if there had been no community supervision and sentence the defendant to the custody of the Texas Department of Criminal Justice for the term of imprisonment originally assessed, except that the jurisdiction of the court continues for 365 days after the date the execution of the sentence actually begins.

(c) Not later than the 300th day after the date on which the defendant is received into the custody of the Texas Department of Criminal Justice, the department shall send the convicting court the record of the defendant's conduct and conformity to department rules, including a specific statement as to whether or not the defendant has committed a major disciplinary violation or an offense while imprisoned.

(d) On receipt of the report from the Texas Department of Criminal Justice, but not earlier than the 330th day or later than the 365th day after the date on which the defendant is received into the custody of the Texas Department of Criminal Justice, if in the opinion of the judge the defendant would not benefit from further imprisonment, the judge of the convicting court shall suspend further execution of the sentence imposed and place the defendant on community supervision under the terms and conditions of this article unless the record provided under Subsection (c) indicates that the defendant has committed a major disciplinary violation or an offense.

SECTION 2. Section 76.002, Government Code, is amended by adding Subsection (f) to read as follows:

(f) The district and statutory county court judges described by Subsection (a) may establish committees from among their membership to further the efficient operation of the department established by the judges.

SECTION 3. Section 76.011(a), Government Code, is amended to read as follows:

(a) The department may operate, or assist in the operation of, programs for the supervision and rehabilitation of persons in pretrial intervention programs, including diversion programs and other specialized court programs for persons charged with felonies. Programs may include testing for controlled substances. A person in a pretrial intervention program may be supervised for a period not to exceed two years.

SECTION 4. Chapter 493, Government Code, is amended by adding Section 493.030 to read as follows:

Sec. 493.030. JOINT STUDY CONCERNING INTERAGENCY COMMUNICATION. (a) The department and the Board of Pardons and Paroles shall conduct a joint study concerning the effectiveness of communications between the department and the board concerning inmates who are confined in the department or are under the supervision of the department following release on parole or to mandatory supervision. The study must evaluate whether transferring any duties between the department and the board, or reorganizing any aspect of the department or the board, could achieve any cost savings or organizational efficiencies.

(b) The department and the Board of Pardons and Paroles shall, not later than December 1, 2012, submit the results of the study conducted under Subsection (a) to the governor, the lieutenant governor, the speaker of the house of representatives, the Sunset Advisory Commission, and the standing committees in the house of representatives and the senate that have primary jurisdiction over the department.

(c) This section expires January 1, 2013.

SECTION 5. Section 495.027(d), Government Code, is amended to read as follows:

(d) Subject to board approval, the department shall adopt policies governing the use of the pay telephone service by an inmate confined in a facility operated by the department, including a policy governing the eligibility of an inmate to use the service. The policies adopted under this subsection may not unduly restrict calling patterns or volume and must allow for an average monthly call usage rate of not less than 480 minutes per month [eight calls, with each call having an average duration of not less than 10 minutes,] per eligible inmate.

SECTION 6. Subchapter B, Chapter 495, Government Code, is amended by adding Section 495.029 to read as follows:

Sec. 495.029. INMATE PACKAGE PROGRAM. (a) The department shall establish an inmate package program through which family members and friends of inmates may purchase and ship gifts to inmates through authorized vendors. The inmate package program must be established and operated at no cost to the department.

(b) A vendor may participate in the inmate package program if the vendor:

(1) demonstrates to the satisfaction of the department that the vendor is able to:

(A) ensure the security of packages shipped through the program; and

(B) provide proof that the vendor's employees have been subjected to criminal history background checks sufficient to exclude from employment with the vendor individuals who might pose a security risk to the department or to inmates; and

(2) enters into a contract described by Subsection (c) with the department.

(c) The department, by contract, shall require each vendor that participates in the inmate package program to remit to the department a percentage of the vendor's profits resulting from the vendor's participation in the inmate package program. Money received from a vendor by the department under this subsection shall be deposited to the credit of the general revenue fund.

(d) The department by policy shall establish the percentage of a vendor's profits the vendor must agree to remit to the department under a contract described by Subsection (c).

SECTION 7. Subchapter C, Chapter 499, Government Code, is amended by adding Section 499.055 to read as follows:

Sec. 499.055. POPULATION MANAGEMENT BASED ON INMATE HEALTH. The department shall adopt policies designed to manage inmate population based on similar health conditions suffered by inmates. The policies adopted under this section must maximize organizational efficiencies and reduce health care costs to the department by housing inmates with similar health conditions in the same unit or units that are, if possible, served by or located near one or more specialty health care providers most likely to be needed for the treatment of the health condition.

SECTION 8. Subchapter A, Chapter 501, Government Code, is amended by adding Section 501.0052 to read as follows:

Sec. 501.0052. ADULT EDUCATION PROGRAM. (a) The department may establish an adult education program to provide inmates with adult basic education, high school equivalency programs, cognitive skills training, and technical and vocational training necessary to:

(1) increase the success of inmates in obtaining and maintaining employment after release or discharge; and

(2) reduce recidivism among inmates.

(b) The department shall:

(1) coordinate any adult education program established under this section with the literacy program established under Section 501.005 to maximize the effectiveness of, and to reduce the duplication of the services provided by, both programs; and

(2) maximize the use of virtual and online educational resources in any adult education program established under this section.

SECTION 9. Section 501.063, Government Code, is amended to read as follows:

Sec. 501.063. ANNUAL INMATE FEE [COPAYMENTS] FOR [CERTAIN] HEALTH CARE [VISITS]. (a) An inmate confined in a facility operated by or under contract with the department, other than a halfway house, [who initiates a visit to a health care provider] shall pay an annual health care services fee [make a copayment] to the department in the amount of $100 [$3]. The inmate shall pay [make] the annual fee [copayment] out of the inmate's trust fund. If the balance in the fund is insufficient to cover the fee [copayment], 50 percent of each deposit to the fund shall be applied toward the balance owed until the total amount owed is paid.

(b) [The department may not charge a copayment for health care:

[(1) provided in response to a life-threatening or emergency situation affecting the inmate's health;

[(2) initiated by the department;

[(3) initiated by the health care provider or consisting of routine follow-up, prenatal, or chronic care; or

[(4) provided under a contractual obligation that is established under the Interstate Corrections Compact or under an agreement with another state that precludes assessing a copayment.

[(c)] The department shall adopt policies to ensure that before any deductions are made from an inmate's trust fund under this section [an inmate initiates a visit to a health care provider], the inmate is informed that the annual health care services fee [a $3 copayment] will be deducted from the inmate's trust fund as required by Subsection (a).

(c) [(d)] The department may not deny an inmate access to health care as a result of the inmate's failure or inability to pay a fee under this section [make a copayment].

(d) [(e)] The department shall deposit money received under this section in an account in the general revenue fund that may be used only to pay the cost of administering this section. At the beginning of each fiscal year, the comptroller shall transfer any surplus from the preceding fiscal year to the state treasury to the credit of the general revenue fund.

SECTION 10. Subchapter B, Chapter 501, Government Code, is amended by adding Section 501.067 to read as follows:

Sec. 501.067. AVAILABILITY OF CERTAIN MEDICATION. (a) In this section, "over-the-counter medication" means medication that may legally be sold and purchased without a prescription.

(b) The department shall make over-the-counter medication available for purchase by inmates in each inmate commissary operated by or under contract with the department.

(c) The department may not deny an inmate access to over-the-counter medications as a result of the inmate's inability to pay for the medication. The department shall pay for the cost of over-the-counter medication for inmates who are unable to pay for the medication out of the profits of inmate commissaries operated by or under contract with the department.

(d) The department may adopt policies concerning the sale and purchase of over-the-counter medication under this section as necessary to ensure the safety and security of inmates in the custody of, and employees of, the department, including policies concerning the quantities and types of over-the-counter medication that may be sold and purchased under this section.

SECTION 11. Subchapter B, Chapter 508, Government Code, is amended by adding Section 508.0442 to read as follows:

Sec. 508.0442. PRIORITY CONSIDERATION OF CERTAIN INMATES FOR RELEASE; TRANSFER OF CUSTODY. (a) This section applies only to an inmate:

(1) who is eligible for release on parole;

(2) who has been identified by the department under Section 493.015 as an illegal criminal alien;

(3) who has not been identified by the department as a member of a security threat group; and

(4) who is not serving a sentence for an offense:

(A) described by Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, or for which the judgment contains an affirmative finding under Section 3g(a)(2) of that article; or

(B) described by Article 62.001(5), Code of Criminal Procedure.

(b) The board shall establish a procedure to prioritize the consideration by parole panels of inmates described by Subsection (a) for release on parole. The board shall also establish procedures to:

(1) ensure that a parole panel considers for release on parole an inmate described by Subsection (a) as soon as is practicable after the first date on which the inmate is eligible for parole; and

(2) determine whether a final order of deportation has been entered with reference to an inmate described by Subsection (a) or will be entered before the first date on which the inmate is eligible for release on parole.

(c) If it is determined that a final order of deportation has not been entered with reference to an inmate described by Subsection (a), and will not be entered before the first date on which the inmate is eligible for release on parole, the board shall notify the department of that determination. On receipt of notice under this subsection, the department shall immediately request from United States Immigration and Customs Enforcement that, with reference to the inmate, a final order of deportation be entered in an expedited manner.

(d) If a parole panel votes to release on parole an inmate described by Subsection (a), the department shall, as soon as is practicable, deliver the inmate to the custody of United States Immigration and Customs Enforcement for immediate deportation.

SECTION 12. Section 508.283, Government Code, is amended by adding Subsection (f) to read as follows:

(f) The department shall adopt a policy that requires parole panels to consider all non-incarceration sanctions before revoking a person's release on parole or to mandatory supervision.

SECTION 13. Section 509.007, Government Code, is amended to read as follows:

Sec. 509.007. COMMUNITY JUSTICE PLAN. (a) The division shall require as a condition to payment of state aid to a department or county under Section 509.011 and eligibility for payment of costs under Section 499.124 that a community justice plan be submitted for the department. The community justice council shall submit the plan required by this subsection. A community justice council may not submit a plan under this section unless the plan is first approved by the judges described by Section 76.002 who established the department served by the council. The council shall submit a revised plan to the division each even-numbered [odd-numbered] year by a date designated by the division. A plan may be amended at any time with the approval of the division.

(b) A community justice plan required under this section must include:

(1) a statement of goals and priorities and of commitment by the community justice council, the judges described by Section 76.002 who established the department, and the department director to achieve a targeted level of alternative sanctions;

(2) a description of methods for measuring the success of programs provided by the department or provided by an entity served by the department; [and]

(3) a proposal for the use of state jail felony facilities and, at the discretion of the community justice council, a regional proposal for the construction, operation, maintenance, or management of a state jail felony facility by a county, a community supervision and corrections department, or a private vendor under a contract with a county or a community supervision and corrections department; and

(4) a description of additional alternative sanctions the department could use to more fully rehabilitate persons under the supervision of the department, were the department to receive additional state aid under Section 509.011.

SECTION 14. (a) The Texas Department of Criminal Justice shall issue a request for information to potential contractors and vendors to determine whether contracting for the transportation of inmates is more cost-effective than the department transporting inmates.

(b) The Texas Department of Criminal Justice, the Board of Pardons and Paroles, Texas Tech University Health Sciences Center, and The University of Texas Medical Branch at Galveston shall jointly develop a plan under which an inmate in the custody of the department who requires specific medical care that is significantly more expensive than the care provided, on average, to other inmates is temporarily released under supervision for a time sufficient to enable the inmate to receive the necessary care in a setting other than the correctional managed health care system operated under Subchapter E, Chapter 501, Government Code. The plan established under this subsection must seek to maximize coverage of the necessary medical care under any health benefit plan coverage available to the inmate, including coverage under Medicaid, Medicare, or a private health benefit plan.

(c) If after developing the plan required under Subsection (b) of this section, the Texas Department of Criminal Justice and the Board of Pardons and Paroles determine that the program may be implemented without requiring any statutory changes, the department and board shall implement the program.

(d) Regardless of whether contracts are entered into concerning the transportation of inmates or whether a medical release plan is implemented under Subsection (c) of this section, not later than January 1, 2013, the Texas Department of Criminal Justice shall submit a report to the governor, the lieutenant governor, the speaker of the house of representatives, and each standing committee of the senate and the house of representatives with primary jurisdiction over the Texas Department of Criminal Justice concerning the results of the request for information issued under Subsection (a) of this section and the contents of the medical release plan developed under Subsection (b) of this section.

SECTION 15. (a) The Texas Department of Criminal Justice shall conduct a study to determine the most efficient and cost-effective manner possible in which to operate state jail felony facilities.

(b) Not later than January 1, 2012, the Texas Department of Criminal Justice shall submit a report to the governor, the lieutenant governor, the speaker of the house of representatives, each standing committee of the senate and the house of representatives with primary jurisdiction over the Texas Department of Criminal Justice, and the Legislative Budget Board concerning the results of the study conducted under Subsection (a) of this section.

SECTION 16. Section 23A, Article 42.12, Code of Criminal Procedure, as added by this Act, applies only to a person who is initially placed on community supervision on or after the effective date of this Act.

SECTION 17. (a) Except as provided by Subsection (b) of this section, the Texas Department of Criminal Justice shall ensure that the inmate package program required under Section 495.029, Government Code, as added by this Act, is fully operational not later than September 1, 2011.

(b) The Texas Department of Criminal Justice shall delay the implementation of the inmate package program until and unless the department determines that the program may be established and operated at no cost to the department.

SECTION 18. Section 508.0442, Government Code, as added by this Act, is contingent on the passage of H.B. No. 2734 or substantially similar legislation by the 82nd Legislature, Regular Session, 2011. If H.B. No. 2734 or substantially similar legislation by the 82nd Legislature, Regular Session, 2011, does not become law, Section 508.0442, Government Code, as added by this Act, has no effect.

SECTION 19. 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, 2011.